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HomeMy WebLinkAbout03/20/2006 c'liJl.4JgtOll Council Meeting Minutes March 20, 2006 Minutes of a regular meeting of Council held on March 20,2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, A. Cannella Director of Community Services, J. Caruana (attended until 8:23 p.m.) Director of Planning Services, D. Crome (attended until 8:23 p.m.) Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 8:23 p.m.) Director of Corporate Services, M. Marano (attended until 8:23 p.m.) Director of Financeffreasurer, N. Taylor (attended until 8:23 p.m.) Director of Emergency Services, G. Weir (attended until 8:23 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 8:23 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Pingle indicated that she would be stating a pecuniary interest with respect to Report PSD-032-06. Mayor Mutton indicated that he would be stating a pecuniary interest with respect to Richard Ward's delegation. Council Meeting Minutes -2- March 20, 2006 MINUTES Resolution #C-118-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on February 27,2006, be approved. "CARRIED" Resolution #C-119-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a special meeting of Council held on March 1, 2006, be approved. "CARRIED" PUBLIC MEETING A public meeting is being held to consider the passage of a by-law to stop up and close a portion of an unopen road allowance situated between Lot 12 and Lot 13, Broken Front Concession in the former Town of Bowmanville, now in the Municipality of Clarington. No one spoke in opposition to or in support of this application. DELEGATIONS Libby Racansky appeared before Council regarding the 2006 Budget and requested the following: a) prioritize spending on core services and trim costs to balance the books; b) move to zero-based budgeting to ensure all spending is reviewed during the budget process; and c) unnecessary spending should be eliminated and labour costs revisited. Mayor Mutton disclosed a pecuniary interest with respect to Richard Ward's delegation; vacated the Chair and refrained from discussion and voting on the matter. Mr. Ward may discuss Mayor Mutton's campaign contributions for the 2003 election. Council Meeting Minutes -3- March 20, 2006 DELEGATIONS Councillor Schell chaired this portion of the meeting. Richard Ward appeared before Council regarding a Property Standards Order on his property. Mr. Ward advised that he was not given the opportunity to represent himself at the Property Standards Hearing due to health reasons and he requested that the Property Standards Hearing be rescheduled. Mayor Mutton resumed the Chair. John Jaworski was called but was not present. Doug McDuff circulated documentation to Council regarding a drainage concem. Mr. McDuff has requested that the Order issued to the Jaworski's by the Municigal Law Enforcement Officer be upheld and that the work be completed by April 12 h. Myno Van Dyk provided Council with a powerpoint presentation regarding the history of the Walbridge House. Mr. Van Dyk requested Council's assistance in recognizing the importance of this historical building and that Council help to protect the building from demolition by proceeding with designation of the property. Vic Suppan appeared before Council as the Chair of the Local Architectural Advisory Committee regarding Correspondence Item D - 18. He advised that the Walbridge House has been on LACAC's heritage list since the 1980s. Mr. Suppan requested that Council protect the Walbridge House from demolition. COMMUNICATIONS Resolution #C-120-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda. "CARRIED" I - 1 C10.MO Debbie Leroux, Clerk, Township of Uxbridge, advising Council that the Township of Uxbridge on February 13, 2006, passed the following resolution: "WHEREAS the Council of the Town of Ajax has made a decision to place a referendum question on their ballot in November 2006 asking if residents feel that the Regional Chair should be elected at large by all residents of Durham Region; Council Meeting Minutes -4- March 20, 2006 COMMUNICATIONS AND WHEREAS the Town of Ajax has requested that all Durham Municipal Councils proceed to put a question on their respective ballots regarding the direct election of the Regional Chair; AND WHEREAS the Council for the Township of Uxbridge directed that a public forum be held to obtain input from residents of Uxbridge on this issue; AND WHEREAS the public forum was held on January 30, 2006, at 7:30 p.m. in the Council Chambers; AND WHEREAS there was no one in attendance to speak to this issue; AND WHEREAS the Council of the Township of Uxbridge are aware of the pros and cons of a Direct Election of the Regional Chair; AND WHEREAS the Council for the Township of Uxbridge are of the opinion that the cons for direct election of the Regional Chair far outweigh the pros; AND WHEREAS the Council of the Township of Uxbridge are satisfied with the current process of the Chair being elected by the members of the Regional Council; NOW THEREFORE BE IT RESOLVED THAT the Council for the Township of Uxbridge hereby directs that a referendum question regarding the direct election of the Regional Chair not be placed on the November 2006 ballot; AND THAT all Durham municipalities be so advised." Council Meeting Minutes -5- March 20, 2006 COMMUNICATIONS 1-2 C10.MO Dick O'Brien, Chair, Toronto and Region Conservation Authority, advising Council that the Toronto and Region Conservation Authority on January 27, 2006, passed the following resolution: "WHEREAS the Authority has previously supported the White Paper on Watershed Based Source Protection Planning, February 2004 by Resolution #A67/04 and the earlier proposed drinking water legislation (Drinking Water Source Protection Act, 2004) by Resolution #A224/04; WHEREAS the current proposed legislation is consistent with these earlier proposals; WHEREAS the province has provided funding to the Toronto and Region Conservation Authority (TRCA), Credit Valley Conservation (CVC), and Central Lake Ontario Conservation Authority (CLOCA) as the CTC Watershed Region to undertake technical studies in support of source protection planning through Memorandum's of Agreement (MOA) approved by Resolution #A67/04 and Resolution #A241 105; THEREFORE LET IT BE RESOLVED THAT the Authority supports the proposed Clean Water Act, 2005 and the role proposed for conservation authorities; THAT staff be authorized and directed to make comments through the Environmental Bill of Rights registry (EBR) process on behalf of TRCA and the CTC Watershed Region to the province in support of the Clean Water Act, 2005; THAT staff be directed to include in the comments to the EBR a request for the opportunity to make a presentation in support of the Act before the Standing Committee on the Legislature, if and when the proposed Act is referred to committee for hearings; THAT the Chair circulate the staff report and the EBR comments to the clerks, Chief Administrative Officers (CAO) and Mayors of municipalities in the CTC Watershed Region, and staff send copies to the General Managers of Credit Valley Conservation and Conservation Ontario, the CAO of Central Lake Ontario Conservation Authority and to the project managers for the other source protection watershed regions; Council Meeting Minutes -6- March 20, 2006 COMMUNICA liONS 1- 3 H03.GE 1-4 E05.GE 1-5 C06.LA 1- 6 D02.GO 1- 7 A01.CE 1-8 SOO.GE 1-9 A04.GE 1-10 C06.CE I - 11 C06.CE AND FURTHER THAT TRCA expresses its concern to the province that the funding mechanism for the ongoing long term responsibilities of the Source Protection Authority, the Source Protection Planning Committee and the implementation of the Source Protection Plan, has not been determined, and that these costs cannot be assumed by the municipalities in the absence of additional provincial support." David Kingston, OMERS Board Chair, advising Council that on February 23, 2006, Bill 206, An Act to revise the Ontario Municipal Employees Retirement System Act received Royal Assent. The new OMERS Act is expected to come into force in 2006. Coalition for Nuclear Energy, advising Council that a new group has been formed called Environmentalists for Nuclear Energy (EFN- Canada), dedicated to communicating the benefits of sustainable nuclear energy. Minutes of the Local Architectural Conservation Advisory Committee meeting dated February 21, 2006. George Graham, Clerk-Administrator, Township of Brock, providing Council with a copy of Report Number 2006-PL-04, Places to Grow: Better Choices, Brighter Future Proposed Growth Plan for The Greater Golden Horseshoe. J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, providing Council with the 2005 Year In Review publication. Dr. Greg Flynn, President, Ontario Medical Association, providing Council with a copy of the Ontario Medical Review. Larry McCabe, Secretary-Treasurer, Ontario Small Urban Municipalities, inviting Council to attend the 2006 OSUM 53rd Annual Conference and Trade Show from May 3 - 5, 2006 in Leamington. Minutes of the Central Lake Ontario Conservation Authority meeting dated January 17, 2006. Minutes of the Central Lake Ontario Conservation Authority meeting dated February 14,2006. Council Meeting Minutes -7- March 20, 2006 COMMUNICATIONS 1- 12 L 11.GE 1-13 A01.KA 1- 14 S08.GE 1- 15 SOO.GE 1-16 E06.GE 1-17 C06.PO 1-18 P01.GE 1- 19 P01.GE John Gerretsen, Minister, Municipal Affairs and Housing, writing to Council regarding extending the length of the term of office for municipal councillors and school trustees. The election cycle began January 1, 2006. If passed, the legislation would make the change effective for the 2006 municipal elections, and successful candidates in November's coming elections would begin their four-year terms on December 1, 2006. Kawartha Conservation providing Council with a copy of their March/April 2006 Update on Conservation. Carolyn MacDonald, Durham Lives! Project Coordinator, providing Council with their 2005-2006 Eat Smart! Dining Guide and poster. The Eat Smart! Program is a provincial program designed to identify and award restaurants that have an excellent track record in food safety and trained food handlers, that offer a variety of healthier food choices on the menu or by request, and who provide a 100% smoke-free environment. Lakeridge Health, advising that the Ministry of Health and Long-term Care has responded to the hospital network's Balanced Budget submission and is implementing the next step in the process. This next step builds on the recommendations of the recent External Advisory Panel report and the Ministry's Hospital Annual Planning Submission process. Dave Goulding, President and CEO, Independent Electricity System Operator (IESO), providing Council with a copy of their Ontario Reliability Outlook publication. Minutes of the Port Granby Project Discussion Group Inaugural Meeting dated January 16, 2006. Debi Bentley, City Clerk, City of Pickering, advising Council that the City of Pickering on March 6, 2006, did not pass By-law 6642-06 regarding the Regulation of the Sale and Possession of Replica Firearms and Imitation Firearms in the City of Pickering. Roger Anderson, Co-chair of the GTAH Mayors and Regional Chairs Group, advising Council that the GTAH Mayors and Chairs endorsed in principle the Replica and Imitation Firearms By-law. Council Meeting Minutes -8- March 20, 2006 COMMUNICATIONS 1- 20 E05.GE 1- 21 F11.GE Susan Grigg, Park Planner, Ontario Parks, South Eastern Zone, advising Council that the Ministry of Natural Resources, Ontario Parks, in partnership with the Nature Conservancy of Canada, is planning to conduct a low-complexity prescribed burn within part of Peter's Woods Provincial Nature Reserve and the Burnley-Carmel addition in the spring of 2006. The prescribed burn will help promote regeneration of oak and oak-pine savannah, a globally significant ecosystem that relies on periodic fire to remain healthy. An information session for this project will be held on Thursday, March 23, 2006, from 5-8 p.m. at Centreton Community Hall, Centreton, Ontario. Burkhard Mausberg, Executive Director, Friends of the Greenbelt Foundation, providing Council with a copy of the Grant Program Guidelines from the Friends of the Greenbelt Foundation. CORRESPONDENCE FOR DIRECTION Resolution #C-121-06 Moved by Councillor Ping Ie, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 11 to D - 21, inclusive. D - 1 A09.SU D-2 M02.GE D-3 M02.GE "CARRIED" Douglas Newson, DirectQr, Central Region, Statistics Canada, requesting Council to proclaim May 16, 2006, as Census Day and to assist with the promotion of Census Day. (Proclaimed and correspondence referred to the Director of Corporate Services) AI Storie requesting permission to hold the 4th Annual Alfie Shrubb 8K Museum Classic. The event will take place on June 4, 2006. (Approved provided the organizers apply for and obtain a road occupancy permit) Lynda Shepherd, Administrative Assistant, The Canadian Hearing Society, requesting the proclamation of the month of Mayas "Hearing Awareness Month". (Proclaimed) Council Meeting Minutes -9- March 20, 2006 COMMUNICATIONS D-4 M02.GE D - 5 M02.GE D-6 M02.GE D-7 M02.GE D-8 M02.GE D-9 M02.GE Laurie Lazenby, Secretary, Navy League of Canada, Bowmanville and District Branch, Royal Canadian Sea Cadet Corps #279, requesting permission to hold Sea Cadet tagging at selected businesses on September 28, 29 and 30, 2006. (Approved the holding of Sea Cadet tagging days on September 28, 29 and 30, 2006) Dr. David Wardlaw, Chair, Sci-Tech Ontario, requesting proclamation of the month of March as Youth Science Month in Canada. (Proclaimed) Paul Siemon, Hands in Motion, requesting permission to hold the 2006 Terry Fox Run on Sunday, September 17, 2006, from 7:00 a.m. until 2:00 p.m. Last year, 2005 The Clarington Terry Fox Run raised over $100,000 for cancer research. (Approved provided the organizers apply for an obtain a road occupancy permit) John Durant, Associate Executive Director, Child Find Ontario, requesting proclamation of the month of May 2006 as Green Ribbon of Hope Campaign Month and May 25, 2006, as National Missing Children's Day. (Proclaimed) William Harford, Chair, Day of Mourning Committee, Durham Region Labour Council, requesting proclamation of April 28, 2006, as "Day of Mourning." The Durham Region Labour Council will be observing the National Day of Mourning at Oshawa City Hall with their ceremony starting at noon at Civic Square and laying of wreaths at the Day of Mourning Monument. (Proclaimed) Bill Newman, President, Board of Directors, Alzheimer Society Durham, inviting Mayor Mutton to join in the 15th annual Alzheimer Society of Durham Region Chocolate Lovers' Luncheon on May 7,2006. The Mayors of the eight municipalities in Durham Region are being invited to enter the Great Municipal Chocolate Challenge, which involves the baking of chocolate cakes with specified ingredients. Each municipality is asked to enter two cakes made from the same recipe, one for judging and one for auctioning off at the event to raise money for Alzheimer Durham. (Correspondence referred to the Mayor's Office) Council Meeting Minutes -10- March 20, 2006 COMMUNICATIONS D -10 C12.CL D - 11 C10.MO David Climenhage submitting his resignation from the Clarington Museum Board. (Thanked Mr. Climenhage for his service to the Board and Correspondence referred to the Municipal Clerk) Mayor Barbara Kelly, City of Kawartha Lakes, advising Council that the City of Kawartha Lakes on February 7,2006, passed the following resolution: "RECOMMEND THAT WHEREAS municipal governments in Ontario are required to subsidize provincial health and social services programs, like welfare and employment services, disability benefits, drug benefits, social housing, child care, homes for the aged, public health and ambulance services; AND WHEREAS many young families and seniors in Ontario are finding the municipal property tax to be a financial hardship; AND WHEREAS other housing costs such as hydro rates, natural gas rates and costs for water and sewer treatment and virtually all costs of running a home are increasing sharply; AND WHEREAS the incomes of working families and seniors have not kept pace with these escalating costs; AND WHEREAS due to increases in municipal property tax and other housing costs many working families and seniors may be forced out of their homes and the communities that they love; NOW THEREFORE BE IT RESOLVED THAT the resolution from the City of Port Colbourne be supported, specifically the following: THAT the Province of Ontario be requested to provide relief and remedy for working families and seniors who are hardest hit by unacceptable spikes in the cost of living and by the likely property tax increases to come; and THAT the Province of Ontario be requested to end its downloading of provincial programs and the use of municipal property tax dollars for the subsidization of provincial health and social services programs; and Council Meeting Minutes -11- March 20, 2006 COMMUNICATIONS THAT the Province of OntariO be urged to work with the Association of Municipalities of Ontario to develop a plan to begin the immediate uploading of provincial program costs back to where they belong to be funded through Provincial revenues; THAT this resolution of support be forwarded to the Premier of Ontario, The Minister of Municipal Affairs and Housing, The Minister of Finance, and The Association of Municipalities of Ontario, along with Laurie Scott, MPP for support." Resolution #C-122-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the resolution of the City of Kawartha Lakes regarding the use of Municipal Property Tax Dollars be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 12 C10.MO Mayor Barbara Kelly, City of Kawartha Lakes, advising Council that the City of Kawartha Lakes on February 7, 2006, passed the following resolution: "WHEREAS the Government of Ontario recognizes and concludes that "Water Knows No Jurisdiction"; AND WHEREAS water is one of Ontario's primary natural resources; AND WHEREAS the Government is vested with responsibility for the management of Ontario's natural resources through the Ministry of Natural Resources (MNR); THEREFORE BE IT RESOLVED THAT the Government of Ontario be requested to take the necessary action to place Source Water Protection with the MNR; and THAT this be sent to the Association of Municipalities of Ontario for circulation to all Ontario municipalities and all MPP's." Council Meeting Minutes -12- March 20, 2006 COMMUNICATIONS Resolution #C-123-06 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Correspondence Item D - 12 be received for information. "CARRIED" D - 13 C10.MO Mayor Barbara Kelly, City of Kawartha Lakes, advising Council that the City of Kawartha Lakes on February 7,2006, passed the following resolution: "WHEREAS the Provincial Government originally was financially responsible for the provision of Property Assessment in Ontario; AND WHEREAS this cost to Ontario municipalities creates hardship for municipal taxpayers; THEREFORE BE IT RESOLVED THAT the Government of Ontario immediately assume responsibility for full costs of MPAC (Municipal Property Assessment Corporation) and their services; AND THAT this resolution be circulated through AMO to all Ontario municipalities and MPP's." Resolution #C-124-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution of the City of Kawartha Lakes regarding the Municipal Property Assessment Corporation be endorsed by the Council of the Municipality of Clarington. "CARRIED" D -14 L 11.GE Debi Bentley, City Clerk, City of Pickering, advising Council that the City of Pickering on February 20, 2006, passed the following resolution: "WHEREAS the Nuclear Liability Act was proclaimed by Parliament in December 1976 with the purpose of establishing a compensation and civil liability regime in the event of a nuclear accident with third-party consequences; and Council Meeting Minutes -13- March 20, 2006 COMMUNICATIONS WHEREAS the Act only requires nuclear operators to carry seventy-five million dollars in third-party liability insurance per facility; and WHEREAS most property insurance policies (home, business, etc.) specifically exclude coverage for losses that are due to nuclear accidents; and WHEREAS a major nuclear accident, albeit highly unlikely, could cause damages that impose billions of dollars in losses; and WHEREAS the internationalaverage for nuclear operator liability ranges between five hundred and seven hundred million dollars; and WHEREAS several years ago Natural Resources Canada staff was mandated to review the current Act and are proposing amendments to increase the liability and insurance amounts for nuclear operators and other wording changes that improve the potential application of the Act; and WHEREAS the City of Pickering Council passed resolutions in 2001 and 2003 that called upon the Federal Government to amend the Nuclear Liability Act and increase the amount of coverage that is required; and WHEREAS the Canadian Association of Nuclear Host Communities endorsed the following resolution at its annual meeting in 2004. NOW THEREFORE BE IT RESOLVED that the Minister of Natural Resources be advised that the City of Pickering encourages the Government of Canada to amend the Nuclear Liability Act to increase the requirement for nuclear operator insurance overage and liability to at least meet international standards of coverage. BE IT FURTHER RESOLVED that this resolution be circulated to all Members of Parliament and Members of Provincial Parliament whose ridings host nuclear facilities, the Canadian Association of Nuclear Host Communities, and Ontario Power Generation." Resolution #C-125-06 Moved by Councillor Trim, seconded by Councillor Foster THAT the resolution of the City of Pickering regarding the Nuclear Liability Act be endorsed by the Council of the Municipality of Clarington. "CARRIED" Council Meeting Minutes -14- March 20, 2006 COMMUNICATIONS D - 15 SOO.GE P.M. Madill, Regional Clerk, Region of Durham, writing to the Association of Municipalities of Ontario advising that the Region of Durham on February 15, 2006, passed the following resolution: "WHEREAS presently, there are thousands of family physicians treating patients in provinces outside of Ontario. These physicians have the ability to move between provinces, and open practices to see Canadians immediately in other provinces, except Ontario. AND WHEREAS Canadian family physicians, currently practicing in other parts of Canada, and seeing Canadian patients, wishing to move their practice to Ontario, cannot do so immediately. They must first receive medical licensure through one of the following criteria; 1) receive certification by examination of the College of Family Physicians of Canada (CFPC); 2) apply for a restricted license to practice with the understanding that certification by examination of the CFPC will be achieved within 3 years; or 3) apply for registration through practice assessment. AND WHEREAS each of these criteria can take UP to one vear before the physician is able to open a medical practice in Ontario. AND WHEREAS in this time of a critical shortage of family physicians in Ontario, the Council of the Region of Durham, believes that Ontarians, including half million living in Durham Region, are being prejudiced by these regulations. Family physicians, currently practicing in other provinces in Canada, are meeting unreasonable barriers to practice medicine in Ontario. THEREFORE BE IT RESOLVED THAT the Council of the Region of Durham requests the Government of the Province of Ontario to take immediate action to remove these barriers to family physicians who wish to relocate their medical practices to Ontario from other provinces; and THAT a copy of this resolution be forwarded to all municipalities in Ontario, the Opposition Parties of the Province of Ontario, the Federal Ministry of Health and the Ontario College of Physicians." Council Meeting Minutes -15- March 20, 2006 COMMUNICATIONS Resolution #C-126-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the resolution of the Region of Durham regarding Family Physicians be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 16 C10.MO Chris Somerville, Township Clerk, Township of King, advising Council that the Township of King on February 13, 2006, passed the following resolution: "WHEREAS one of the recommendations of the approved GT A Agricultural Acton Plan states as follows: "Encourage the Ontario Farmland Trust (OFT) to develop programs, identify securement mechanisms (including financial) and obtain support from the province, municipal Councils and agricultural organizations; AND WHEREAS the Board of Directors of the Ontario Farmland Trust, at its meeting held on Monday, January 30,2006, resolved "that the Ontario Farmland Trust bring to the attention of all levels of Government the need to extend the Eco-Gifts Program to a Farmland Gifts Program, or arrange for the establishment of a similar Farmland Gifts Program"; AND WHEREAS agriculture is an important industry in Ontario earning significant export revenue for the province and providing employment in allied food and support industries; AND WHEREAS an agricultural land base with high quality soils and a conductive climate is essential to maintaining a strong agricultural industry; AND WHEREAS farmland provides ecological services which sustain water and air-quality resources and provide recreational resources; AND WHEREAS the market value of farmland is much lower than the value of land to be developed for residential, commercial or industrial purposes providing powerful economic incentives to convert land away from agricultural uses; AND WHEREAS the Ontario Farmland Trust and other charitable trusts have been created with the ability to hold restrictive easements and covenants and other interests in land donated by land owners to ensure that they remain available for agricultural use in perpetuity; Council Meeting Minutes -16- March 20, 2006 COMMUNICATIONS AND WHEREAS donors of interests in land which have specified ecological features qualify for significant benefits under the ecological gifts provisions of the Canada and Ontario Income Tax Act; AND WHEREAS donors of such easements make sacrifices of great value to society; NOW THEREFORE BE AND IT IS HEREBY RESOLVED: 1. THAT the Corporation of the Township of King supports the current efforts of the Ontario Farmland Trust in regards to: the federal and provincial governments being urged to amend their Income Tax Acts to provide the same benefits to donors of farmland for which donors of ecologically sensitive lands now qualify; the federal and provincial governments being requested to consider other farmland conservation incentives to ensure that farmland remains in agriculture. 2. THAT copies of this resolution be forwarded to all lower and upper tier municipalities across the Province of Ontario urging their support for these initiatives." Resolution #C-127 -06 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT Correspondence Item D - 16 be referred to the Agricultural Advisory Committee of Clarington. "CARRIED" D - 17 C10.MO Marion Koepke, Deputy City Clerk, City of Owen Sound, advising Council that the City of Owen Sound on March 2, 2006, passed the following resolution: "WHEREAS the Association of Municipalities of Ontario (AMO) has recognized that a $3 billion Provincial/Municipal fiscal gap currently exists, in terms of a shortfall, for municipalities; and WHEREAS one-third of municipal spending goes to Provincial health and social services programs; and Council Meeting Minutes -17- March 20, 2006 COMMUNICATIONS WHEREAS Ontario is the only Province in Canada where municipal property taxes are used to subsidize Provincial health and social service programs; and WHEREAS municipalities continue to place increased financial pressure on the property taxpayers to meet these financial demands; NOW THEREFORE The Corporation of the City of Owen Sound urges the Association of Municipalities of Ontario (AMO) and the Provincial Government to develop a plan to begin to address this municipal financial crisis, by contributing to municipalities, beginning in 2006, a Provincial commitment to Ontario's municipalities, of $600 million per year for the next five years, this commitment will begin to address the serious financial crisis facing municipalities in Ontario, and further; THAT we urge the Government of Ontario to come to the AMO Conference with an announcement confirming this commitment and a process to unroll this funding to municipalities, and further; THAT this resolution be forwarded to all municipalities in Ontario and the Association of Municipalities for their support, and further THAT this resolution be sent to the Premier of Ontario, the Ministers of Finance and Municipal Affairs and Housing and all of Cabinet." Resolution #C-128-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the resolution of the City of Owen Sound regarding Municipal Financial Crisis be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 18 R01.GE Local Architectural Conservation Advisory Committee (LACAC), advising Council that on February 21, 2006, they passed the following resolution: "THAT the Wallbridge House and site is worthy of designation under Part 4 of the Ontario Heritage Act, having strong association with Methodism, which has made a significant contribution to the community of Newcastle and Clarington. Further, LACAC will support the Newcastle Historical Society's request to the province to designate the site." Council Meeting Minutes -18- March 20, 2006 COMMUNICATIONS Resolution #C-129-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 18 be referred to the end of the agenda to be considered during a "closed" session of Council. D -19 S04.GE "CARRIED" Patrick (Sid) Ryan, President, CUPE SCFP, requesting Council to pressure the federal and provincial governments to preserve the national child care program and the federal provincial child care agreement on Early Learning and Care - Best Start Plan. The City of Toronto recently passed a motion that commits to work with families, child care programs and advocates in that city to ensure the federal government fulfils its five-year funding commitment to build a national early learning and care program in Ontario and across Canada. He encourages our Council to take similar action and to join with community partners in sending a clear message to the federal government that Ontario residents expect them to honour these agreements. Resolution #C-130-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the resolution of CUPE SCFP regarding Early Learning and Care - Best Start Plan be endorsed by the Council of the Municipality of Clarington. D - 20 F11.GE "CARRIED" David Byrne, a resident of Durham Region and a fourth year student of a Bachelor of Arts/Religious Studies program, requesting a financial contribution to Intercordia Canada. Intercordia Canada provides students with the opportunity to combine academic and experiential learning. Students complete course work focused on global issues, social justice, and peace, and participate in preparatory seminars, before being sent to developing countries where they complete a three-month volunteer placement. They are billeted with a local family in the communities where they are doing the service work. Currently there are projects in Ecuador, Belize, Honduras, Haiti, Dominican Republic, Ukraine and Bosnia. Council Meeting Minutes -19- March 20, 2006 COMMUNICATIONS Resolution #C-131-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT Correspondence Item D - 20 be received; and THAT David Byrne be advised of the Municipality's Grant Policy. "CARRIED" D - 21 C10.MO P15.GE Carolyn Downs, City Clerk, City of Kingston, advising Council that the City of Kingston on February 21, 2006, passed the following resolution: "WHEREAS residents of Call/in Park and Polson Park as well as families of Polson Park Public School students have raised serious concerns about the recent placement of a long time sex and violence related offender in the nearby Portsmouth Community Correctional Centre; and WHEREAS the Portsmouth Corrections facility and other similar Canadian facilities were originally mandated and designed for managing day parole cases, not for managing persons under long term supervision orders that may be for up to ten years; and WHEREAS there are now many Corrections cases under long term supervision orders that are very complex and require specific strategies to maintain public safety and provide proper treatment for persons with serious mental disorders; and THEREFORE BE IT RESOLVED THAT Kingston City Council requests Corrections Canada to reconsider the February 8, 2006, placement in the Portsmouth Community Correctional Centre of a long time sex and violence related offender; and FURTHER THAT Kingston City Council petitions the Federal Minister of Justice, Hon. Vic Toews, MP, to review the application of long term supervision orders with a view to updating the system to deal more effectively with current realities in the criminal justice system, especially as it applies to community correctional facilities and public safety; and Council Meeting Minutes -20- March 20, 2006 COMMUNICATIONS BE IT FURTHER RESOLVED THAT a copy of this resolution be circulated for information to the Rt. Hon. Steven Harper, Prime Minster; Hon. Peter Milliken MP for Kingston and The Islands; Liberal leader Rt. Hon. Paul Martin, MP; NDP leader, Hon. Jack layton, MP; Bloc Quebecois leader, Hon. Gilles Duceppe, MP; Ms. Joanne Blais, Director of the Portsmouth Community Correctional Centre and Mr. Ron Sharp Director of the Limestone District School Board, and for endorsement to the Federation of Canadian Municipalities; the Association of Municipalities of Ontario; and to all Ontario municipalities with populations greater than 50,000." Resolution #C-132-06 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 21 be received for information. "CARRIED" MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - March 3, 2006 Resolution #C-133-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the General Purpose and Administration Committee Report of March 3, 2006 be approved. "SEE FOllOWING AMENDING MOTION" Council Meeting Minutes -21- March 20, 2006 REPORTS Resolution #C-134-06 Moved by Councillor Foster, seconded by Councillor Pingle THAT the foregoing Resolution #C-133-06 be amended by adding the following paragraph: "THAT the remainder of the public defibrillators (one for the Clarington Fitness Centre and one for the Darlington Sports Centre) be included in the 2007 budget forecast." "CARRIED" The foregoing Resolution #C-133-06 was then put to a vote and CARRIED AS AMENDED ON THE FOllOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecunia Interest Councillor Foster Councillor MacArthur Councillor Pin Ie Councillor Robinson Councillor Schell Councillor Trim Ma or Mutton Report #2 - General Purpose and Administration Committee Report - March 6, 2006 Resolution #C-135-06 Moved by Councillor Shell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of March 6, 2006 be approved. "CARRIED" Council Meeting Minutes -22- March 20, 2006 REPORTS Report #3 - Report CLD-008-06 - Private Parking Enforcement Resolution #C-136-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report CLD-008-06 be received; THAT the by-laws attached to Report CLD-008-06 to appoint parking enforcement officers for private property be forwarded to Council for approval; and THAT James McCauley, Scott Smith, Keith Pearson, Bernard Rooney, Aaron Rouse, James Hunt, Elva Harding, Errol Wallance, P.R.O. Security Investigation Agency Inc. Group 4 Falk (Canada) Limited and Securitas Canada be advised of Council's decision. "CARRIED" Councillor Pingle stated a pecuniary interest with respect to Report PSD-032-06; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Pingle owns property within the vicinity of the subject lands. Report #4 - Report PSD-032-06 - Approval of Expropriation, Under the Expropriation Act, Respecting the Proposal Expropriation of 46 East Beach Road, Bowmanville Resolution #C-137 -06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-032-06 be received; THAT Council as the Approval Authority under subsection 5(1) of the Expropriations Act pass a by-law to approve the proposed expropriation for the purposes of a district park of the lands more particularly described as 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Officer for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Attachment 1 to Report PSD-032-06, and to authorize the Mayor and Clerk to execute a Certificate of Approval of the expropriation; THAT Council pass a by-law to expropriate the land for the purposes of a district park pursuant to the Municipal Act, 2001; Council Meeting Minutes -23- March 20, 2006 REPORTS THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality to execute an expropriation plan of the land and cause the plan to be registered in the proper land registry office pursuant to subsection 9(1) of the Expropriations Act; and THAT all interested parties listed in Report PSD-032-06 and any delegations be advised of Council's decision. "CARRIED" Report #5 & #6 - Confidential Report EGD-015-06 and Confidential Verbal Report of the Solicitor Resolution #C-138-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Confidential Report EGD-015-06 and the Confidential Verbal Report of the Solicitor be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-139-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the delegation of Libby Racansky be received for information. "CARRIED" Mayor Mutton disclosed a pecuniary interest with respect to the delegation of Richard Ward and vacated the Chair. Councillor Schell chaired this portion of the meeting. Resolution #C-140-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Richard Ward be received for information. "CARRIED" Council Meeting Minutes -24- March 20, 2006 UNFINISHED BUSINESS Mayor Mutton resumed the Chair. Resolution #C-141-06 Moved by Councillor Trim, seconded by Councillor Foster THAT the Order of the Municipal Law Enforcement Officer with respect to a drainage concern in Solina be upheld; and THAT Doug McDuff be advised of Council's decision. "CARRIED" OTHER BUSINESS Committee Appointments Resolution #C-142-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT Andrew Bouma be appointed to the Clarington Traffic Management Advisory Committee; THAT Duane Cook be appointed to the Local Architectural Conservation Advisory Committee; THAT John Stoner be appointed to the Samuel Wilmot Nature Area Management Advisory Committee; THAT David Duffie be appointed to the Clarington Highway 407 Community Advisory Committee; and THAT the appropriate by-laws be presented to Council. "CARRIED" Council Meeting Minutes -25- March 20, 2006 OTHER BUSINESS Regional Update Councillor Schell advised that the Central Lake Ontario Conservation Authority's annual Purple Woods Maple Syrup Festival this is occurring this weekend and next weekend. Councillor Trim advised that he and the Director of Operations attended the Ontario Good Road Association luncheon where Murray Flett received an award for 34 years service and Fred Brown received an award for 32 years service. On February 2ih he attended the sod turning for the new EMS building on Bloor Street in Oshawa. Durham Region's EMS has 260 advanced care and primary care paramedics. He noted that since the year 2000, they have had 73,000 emergency calls which is an increase of 77% over 5 years. The new EMS building will house 3 ambulances and 1 response unit. Mayor Multon advised that the Regional Budget discussions will begin tomorrow and will continue over the next three days. Boards and Committees Update Councillor Foster advised that the Winter Wonderlearn event that occurred at the Courtice Community Complex had a significant amount of people attend. He advised that he attended the Friends of Second Marsh Wetlands Stomp and that the Clarington Accessibility Advisory Committee is working on the Rick Hansen Wheels in Motion event and they are working on having an Ambassadors' event in Clarington. On March 22, the Courtice Business Association will be having a luncheon at the Hilltop Restaurant. Councillor MacArthur advised that during the last Clarington Traffic Management Committee discussion took place regarding the tragic accident which occurred at the intersection of Liberty Street and Concession Road 3. He thanked members of the Emergency Service Newcastle Division for assisting him with medical aid recently. Councillor Pingle advised that Bell Canada presented a grant of $2500 to the Museum. This was the first grant given to a municipally operated area and has opened the door for 20 other municipalities who have applied. She noted that the Arts of China from the ROM will be on display from March 6 to April 21 and the event entitled 'Window Dressing" will open on May 7,2006. St. Marys Community Relations Committee is having discussions between St. Marys, Emergency Services and the municipality regarding the relocation of part of the emergency access road. She advised that notification and signage will be required. Councillor Pingle advised that the Bowmanville Toastmasters held their premiere alumni night on February 21, 2006. Council Meeting Minutes -26- March 20, 2006 OTHER BUSINESS Boards and Committees Update Councillor Robinson advised that on April 1st the Newcastle Arena Board will be holding a euchre tournament, on April 8th the Kendal Community Centre will be holding a Spring Ho Down featuring Friendly Fire and the annual spaghetti supper held at the Orono Town Hall was a great success. He advised that the Newtonville Hall purchased two exercise bikes and, through assistance from the Community Services Department, are now hosting aerobics classes. Councillor Trim advised that the Newcastle Stars won the All Ontario Championships last night. He thanked Myno Van Dyk and several members of the steering committee for their assistance with the Newcastle 150th Anniversary celebrations. Mayor Mutton advised that the vacancy within the Mayor's Office has been filled and he congratulated Heather Keyzers on her new position as Community Coordinator. Resolution #C-143-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting be "closed" to consider Correspondence Item D -18, Confidential Report EGD-015-06 regarding a property matter and a Confidential Verbal Report of the Solicitor regarding a legal matter. "CARRIED" Resolution #C-144-06 Moved by Councillor Schell, seconded by Councillor Foster THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Council Meeting Minutes -27- March 20, 2006 COMMUNICATIONS D - 18 R01.GE Local Architectural Conservation Advisory Committee (LACAC), advising Council that on February 21,2006, they passed the following resolution: "THAT the Wallbridge House and site is worthy of designation under Part 4 of the Ontario Heritage Act, having strong association with Methodism, which has made a significant contribution to the community of Newcastle and Clarington. Further, LACAC will support the Newcastle Historical Society's request to the province to designate the site." Resolution #C-145-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution of the Local Architectural Conservation Advisory Committee regarding the Wallbridge House be endorsed by the Council of the Municipality of Clarington; THAT the Province of Ontario be urged to support the designation through the issuance of grant money. "CARRIED" BY-LAWS Resolution #C-146-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-054 to 2006-064, inclusive and that the said by-laws be now read a first and second time: 2006-054 being a by-law to regulate the sale and possession of replica firearms and limitation firearms in the Municipality of Clarington 2006-055 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (James McCauley) 2006-056 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Scott Smith) Council Meeting Minutes -28- March 20, 2006 BY-LAWS 2006-057 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Keith Pearson) 2006-058 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Bernard Rooney) 2006-059 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Aaron Rouse) 2006-060 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (James Hunt) 2006-061 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Elva Harding) 2006-062 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Errol Wallace) 2006-063 being a by-law to declare Parts 1 and 2 on Reference Plan 40R-24112 to be surplus and to stop up and close as a public highway Parts 1 and 2 on Reference Plan 40R-24112 2006-064 being a by-law to authorize the conveyance of Parts 1 and 2 on Reference Plan 40R-24112 to Bowmanville Creek Developments Inc. "CARRIED" Resolution #C-147-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-054 to 2006-064, inclusive be approved. "CARRIED" Mayor Mutton and Councillor Pingle stated pecuniary interests earlier in the meeting, and refrained from voting on the confirming by-law. Council Meeting Minutes -29- March 20, 2006 CONFIRMING BY-LAW Councillor Schell chaired this portion of the meeting. Resolution #C-148-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-065 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 20th day of March, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-149-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-065 be approved. "CARRIED" Mayor Mutton resumed the Chair. ADJOURNMENT Resolution #C-150-06 Moved by Councillor Ping Ie, seconded by Councillor Robinson THAT the meeting adjourn at 9:04 p.m. "CARRIED" 9~"H" MAYO