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HomeMy WebLinkAbout06/28/2004 - .;>.;..~ "~..r - . ,.,. .;1" . . . ) Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON June 28, 2004 Minutes of a regular meeting of Council held on June 28, 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. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 1 0:10p.m.) Director of Community Services, J. Caruana (attended until 1 0: 10 p.m.) Director of Planning Services, D. Crome (attended until 11 :28 p.m.) Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 10:10 p.m.) Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor (attended until 11 :28 p.m.) Manager of Emergency Services, G. Weir Administrative Assistant to the Clerk, C. Tennisco (attended until 1 0:10p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES Councillor Foster indicated that he would be disclosing a pecuniary interest with respect to Report PSD-092-04 and By-law #2004-183. Resolution #C-327-04 Moved by Councillor Foster, seconded by Councillor Pingle THAT the minutes of a regular meeting of Council held on June 14, 2004, be approved. "CARRIED" , . . . . . ... Council Minutes PRESENTATIONS -2- June 28, 2004 Mayor Mutton introduced and presented a certificate to Alex Booth, the "Mayor for a Day". Alex is a grade 8 graduate and the "Athlete of the Year" for Waverley Public School. Mayor Mutton presented plaques for the "3rd Annual Awards of Academic Excellence" to graduating students that have demonstrated academic excellence and a commitment to leadership and community service. It was Mayor Mutton's pleasure to recognize the following students from the schools in the Municipality of Clarington: Waverley Public Ontario Street Public St. Joseph's Elementary The Pines Senior Public Bowmanville Senior Public Courtice North Public John M. James Public S. T. Worden Public Monseignor Leo Cleary Elementary M. J. Hobbs Senor Public Dr. Emily Stowe Public Mother Teresa Elementary St. Francis of Assissi Elementary Lydia Trull Public Dr. Ross Tilley Public Good Shepherd Elementary Dr. G. J. McGillvary Public St. Stephen's Elementary Kylah Thomson Jamileh Shaffaf Brittany Dusseldorp Emily Martin Jennifer Harding Tyler Spicer Michael Farrow Nicholas Diachenko Laura Stoner Maxwell Jacobs Jacquie Harvey Justin MacLean Lindsey Smith Christopher Singh Laura Watson Leisa Kirkaldy Leanne Fomenko Michael Jordan. The following Awards for Academic Excellence were presented to these secondary school students: Courtice Secondary Bowmanville High St. Stephen's Secondary Matthew Wills Gregory Beneteau Nicole Penak. There were three graduation ceremonies held last week and plaques were presented to: Durham Christian High Clarke High St. Elizabeth's Elementary Meaghan Vreugdenhil Meaghan McOustra Sara Reis. , .. . . . . ~ Council Minutes DELEGATIONS -3- June 28, 2004 Resolution #C-328-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the following individuals be added to the list of delegations: I) Brian Wood - Report CLD-024-04 Bruce Ellis, 7486 Thompson Road, Kendal, LOA 1 EO- Commercial Kennel Zoning Amendments m) n) Christian Huggett, Walker, Not!, Dragicevic Assoc. Ltd., 172 George Street, Toronto, M5R 2M7 - Report PSD-091-04 0) Glenn Genge, D.G. Biddle, 96 King Street East, Oshawa, L 1 H 1 B6 - Report PSD-091-04 p) Greg Milosh - Report PSD-088-04 "CARRIED" Peter Smith, Planning Consultant, representing Roslyn Houser, Goodman's Law Office, 250 Yonge St., Suite 2400, Toronto, M5B 1 N9 addressed Council regarding Report PSD-088-04. He represented West Diamond Properties Inc., W. Adalan Development Corporation and Tonno Construction Limited, which represent 85% of the holdings of the lands in the Brookhill Neighbourhood Design Plan. Mr. Smith is concerned with the amount of time and costs involved for the Watershed Study by the consultant retained by the municipality and is proposing the following: to meet with municipal staff to suggest an alternate work plan approach would like to expand the boundary outside the current urban area to undertake a Neighbourhood Design Plan for the area south of the future Longworth Avenue extension. ,. . . . . : ~ Council Minutes DELEGATIONS -4- June 28, 2004 In closing, Mr. Smith stated they agree with the direction of staff. His approach is to cooperate with municipal staff to obtain the same objectives as set out in the Official Plan. Their proposal is to direct staff to proceed with Option 3 as set out in Report PSD-088-04 without further delay. Linda Brown, 5207 Solina Road, North, Hampton, LOB 1 JO advised Council she is not in support of the proposed Commercial Kennel Zoning Amendments process being done so quickly and with little paperwork. Ms. Brown, owner of a kennel in Clarington, stated she is opposed to the fact that because of one concern a municipal by-law is being amended. Change should be done for the betterment of the community. Ms. Brown suggested Council use the tools available by associations such as the Ontario Federal Kennel Owners and Canadian Kennel Club to aid in regulating kennels. Susan McDonald, Camp Lots A Dogs, 7413 White Road, Kendal, LOA 1 EO addressed Council regarding the Commercial Kennel Zoning Amendments. Ms. McDonald stated that she is opposed to the by-law amendment and feels she has been singled out by the municipality; a "Not In My Backyard Syndrome". She stated to date the municipality has yet to visit her property. Ms. McDonald stated she has retained a lawyer in regard to the proposed by-law amendment. Resolution #C-329-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess until order is returned. "CARRIED" The meeting reconvened at 7:48 p.m. AI Storie, 68 Doreen Crescent, Bowmanville, L 1C 3W8 advised Council of the book entitled "Little Wonder" about Alfred Shrubb - World Champion Runner, a 36 year resident of Bowmanville, who held numerous World Records between 1901 and 1904. The 2nd Annual Alfie Shrubb run was held in June and plans are underway for the 3rd annual run in June 2005. , . . . . . > Council Minutes DELEGATIONS - 5 - June 28, 2004 Wilson Little, St. Marys Cement, 410 Waverley Road, Bowmanville, L 1 C 3K3 appeared before Council regarding St. Marys' application to deepen their pit (Report PSD-090-04). Mr. Little stated studies have been performed with respect to water qualitylquantity and environmental benefits and infrastructure. St. Marys is recommending that they work cooperatively with the municipality to select the peer review consultant, develop terms of reference and set the costs and time lines to complete the review. In closing, Mr. Little stressed timing is an important issue due to the levels of the reserves at St. Marys Cement. Glenda Gies, President, Port Darlington Community Association, 311 Cove Road, Bowmanville, L 1 C 3K3 addressed Council with respect to Report PSD-090-04 and the voluntary initiatives taken by St. Marys Cement. Ms. Gies is requesting that St. Marys Cement confer with Port Darlington Community Association through the Board of Directors meetings. She stated the residents appreciate the deepening of quarry will delay the quarrying of the east side from 2010 to 2020 and will provide a 50 metre setback around the Wests ide Marsh. Ms. Gies concerns are: the level of ground water for the wells stability of berms design for sloped bench on interior of quarry; Port Darlington Community Association supports Clarington's view; residents' concern of the blasting area; St. Marys Cement has set up off-site monitoring and Ms. Gies is requesting it continue on the west side of Waverley Road, Bowmanville; and permanent capacity; should the reserves be increased now, how will the future demands be addressed. Wayne Bell, Manager, Liquor Control Board of Ontario, 34 Beaver Street North, Newcastle, L 1 B 1 H6 addressed Council regarding a Refreshment Vehicle Licence being considered for property adjacent to the liquor store. The location of the chip truck will be between two parking lots; his concern is that the traffic flow creates a busy parking lot, especially on weekends. A chip truck will be a potential for disaster as many children are in the area. Also, the and litter from discarded pop cans, etc. will attract seagulls and racoons. Mr. Bell closed by stating he is not opposed to the chip truck; location and safety are his concerns. , ~ . . . L. Council Minutes DELEGATIONS - 6- June 28, 2004 Dan Strike, 38 King Street, West, Bowmanville, L 1 C 3K8 addressed Council regarding timing constraints involved with the zoning amendment application addressed in Report PSD-072-04. He feels Clarington is in need of doctors and is hoping to work through issues quickly to expediate the process. Terry Price, 2895 Highway #2, Bowmanville, L 1 C 3K5 regarding Report PSD-073-04 and Correspondence Item D - 4 was called but was not present. Eugene Dupuis, 1078 Bennett Road, Bowmanville, L 1 C 3K5 regarding Report PSD-073-04 advised Council prior to the meeting that he would not be attending as a delegation. Gerald Brown, Co Chair, Clarington Agricultural Advisory Committee, addressed Council with respect to Correspondence Item D - 9 and requested Council's support of the Committee's resolution to reduce the increases resulting from the Regional Assessment. Mr. Brown stated the following assessment increases from 1999 to 2003: - average overall 38.7% - housing 39.4% - farms 73.8%. Brian Wood, 59 Liberty Street, South, Bowmanville, L 1 C 2N6 regarding Report CLD-024-04 was called but was not present. Bruce Ellis, 7486 Thompson Road, Kendal, LOA 1 EO addressed Council with respect to the proposed Commercial Kennel Zoning Amendments. He would like the following areas addressed: environment - watershed; noise resulting from the kennels; amendment recognize the right of responsible existing kennels; and agriculturally zoned but taxed residential. Christian Huggett, Walker, Nott, Dragicevic Assoc. Ltd., 172 George Street, Toronto, M5R 2M7 addressed Council representing Angler York Industries regarding Report PSD-091-04. Mr. Huggett's client has the following concerns: premature decision; engineering report has not been provided - first industrial application in the Official Plan; permission could disrupt general industrial use in Clarington; and potential loss could affect future development policy and reduce the range of employment. . . . . '- Council Minutes DELEGATIONS COMMUNICATIONS - 7 - June 28, 2004 Mr. Huggett is requesting a comprehensive plan to be under taken. Glenn Genge, D.G. Biddle, 96 King Street East, Oshawa, L1H 1B6 offered his support of the recommendations contained in Report PSD-091-04. Mr. Genge agrees it is a positive move for the municipality to permit a light industrial building. He has reviewed the staff report and urged Council to approve the recommendations contained therein. Greg Milosh, 357 Turf Court, Oshawa, L 1 J 7B2 a property owner within the Brookhill Neighbourhood Design Plan addressed Council with respect to Report PSD-088-04. He thanked Council and municipal staff for their assistance and for supplying information with no hesitation. Mr. Milosh is requesting that Council direct staff to convene a meeting to consult with the landowners in the Brookhill Neighbourhood Design Plan. Mr. Milsoh suggests the cost of a report should be split between the developers and landowners accordingly and the costs of the report should not postpone the report. In conclusion, Mr. Milosh supports two of the three recommendations outlined in Report PSD-088-04: defer until appropriate funds can be secured to undertake the study and further requests stakeholders come together regarding the finances and consult with landowners. Resolution #C-330-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 9:05 p.m. Resolution #C-331-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved with the exception of Items I - 10, I - 18, I - 21, I - 23, 1-34, 1- 35 and I - 37. "CARRIED" '- ... '"'4 . Council Minutes -8- June 28, 2004 COMMUNICATIONS I - 1 F11.GE Karin Martens, President, Humane Society of Durham Region, thanking Council for their generous grant of $500.00 to help the many animals in need. 1-2 A01.FE 1- 3 C06.CL 1- 4 C06.ST 1-5 C06.LO 1- 6 C06.SA . 1-7 C06.SA 1-8 C06.GO 1-9 C10.DU Minutes of the Ganaraska Region Conservation Authority meeting dated May 20, 2004. Minutes of the Clarington Traffic Management Advisory Committee meeting dated May 20, 2004. Minutes of the St. Marys Cement Community Relations Committee meeting dated June 1, 2004. Minutes of the Local Architectural Conservation Advisory Committee meeting dated May 18, 2004. Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated May 11, 2004. Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated June 8, 2004. Minutes of the Greater Toronto Transit Authority Board meeting dated May 14, 2004. John O'Toole, MPP, Durham, submitting to Council a copy of correspondence he received from The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, regarding Clarington's interest in making the Regional Chair of the Regional Municipality of Durham a position that is filled through direct election. I - 11 TOO.GE Kawartha Pine Ridge District School Board announcing the "First Rider Program". Parents and children will have an opportunity to review safety rules for students who ride school buses regularly. The following is a series of sessions to be held: Saturday, August 21 , 2004: - 10:00 a.m. - 2:00 p.m. Bowmanville, Zellers Malls, Highway 2 & Clarington Blvd. - 10:00 a.m. - 2:00 p.m. Cobourg, Northumberland Mall - 9:00 a.m. -12:00 p.m. Campbellford, Hillcrest Elementary School Tuesday,August24,2004: - 3:00 p.m. - 6:00 p.m. Cobourg, Northumberland Mall . ~ . . . J. . Council Minutes COMMUNICATIONS 1-12 F08.GE 1- 13 E05.GE 1-14 C06.SA 1- 15 P14.GE 1-16 L 11.GE - 9 - June 28, 2004 Saturday, August 28, 2004: - 10:00 a.m. - 2:00 p.m. Bowmanville, Zellers Malls, Highway 2 & Clarington Blvd. - 10:00 a.m. - 2:00 p.m. Peterborough, Lansdowne Place Mall - 9:00 a.m. -12:00 p.m. Trenton, Murray Centennial Public School Tuesday, August 31, 2004: - 3:00 p.m. - 6:00 p.m. Peterborough, Edmison Heights PS. Karen Campbell, President & CEO, Greater Toronto Marketing Alliance, submitting the 2003 Annual Report reviewing the progress and activities of their international investment attraction program last year. Michael Angemeer, President & CEO, Veridian Corporation, submitting a copy of the 2003 Annual Report recognizing the many achievements of Veridian. Financially, the company enjoyed its best year ever. Samuel Wilmot Nature Area Management Advisory Committee providing the Spring 2004 Newsletter. Samuel Wilmot Nature Area consists of 77 hectare made up of landscape types, from creek valley and marsh, forest and old fields, to remnant orchards and hedgerows. The Honourable David Ramsay, Minister of Natural Resources, advising Council that the government has uploaded responsibility for bear management to the province and the Ministry of Natural Resources has taken the lead role in coordinating the new "Bear Wise Program" - a comprehensive step in nuisance bear management strategy to improve public safety. Provincial funding is available for community prevention and public awareness programs. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, advising of the launching of its pilot of the Ontario Regional Area Municipal Portal - OnRAMP, an online information service for Municipal Services Office clients at www.mah.qov.on.calonramp-sw . l . . . " . Council Minutes COMMUNICATIONS 1-17 D02.GE 1-19 L 1 O.GE 1- 20 C10.MO - 10- June 28, 2004 The Honourable Greg Sorbara, Minister of Finance, updating Council on the development of the Northern Prosperity Plan. The initiatives outlined in the plan will assist in outside investment, improving opportunities for entrepreneurs living in the North, and supporting investment in the infrastructure of northern communities. Federation of Canadian Municipalities urging Council to ask all candidates for the upcoming Federal Election the following five questions: 1. What is your party's position with respect to a New Deal for Canada's cities and municipalities? 2. Will your party as a priority allocate five cents per litre of the federal fuel excise tax to support urgently needed investment in municipal infrastructure, primarily for transportation and public transit, by the end of 2004? 3. Will your party enter into agreements with cities and municipalities and the provinces and territories to create financial sustainability that would include sharing revenues that grow with the economy by the end of 2005? 4. How will your party involve cities and municipalities as partners in federal and provincial policy, program and budget deliberations on issues that affect them? 5. What other actions will your party take to strengthen the competitiveness and quality of life of Canada's communities? The FCM website has a members' election toolkit, which includes a template letter and news release. Sandra Krane, City Clerk, City of Oshawa advising Council that at a meeting held on June 7, 2004 the City passed the following resolution regarding Phase /I Discussion Papers, Durham Regional Official Plan Review: "THAT correspondence dated April 27, 2004, from the Municipality of Clarington regarding Clarington's comments on the Region of Durham's Official Plan Review Phase /I Discussion Papers be received for information and referred to staff for consideration of the comments." . . . , , Council Minutes COMMUNICATIONS 1- 22 SOO.GE 1- 24 D02.GE 1- 25 SOO.GE 1- 26 SOO.GE 1 - 27 D02.0A 1- 28 C10.MO - 11 - June 28, 2004 John OToole, MPP, Durham, thanking Council for a copy of their correspondence to Premier McGuinty regarding personal care in boarding or lodging houses. The MPP has forwarded the letter on to the Honourable George Smitherman, Minister of Health and Long-Term Care. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing announcing the government is taking the next step to sustain planned growth and build strong communities by introducing legislation recognizing its agreement with the Association of Municipalities of Ontario to consult on legislation and regulations that affect municipalities. The bill would enshrine in legislation the principle of meaningful and informed consultation between the province and Ontario's municipal government. Karen Monaghan, Communications, Lakeridge Health Oshawa, informing Council of the official kick off for the construction of the North Wing, the Central Utilities Plant and the R.S. McLaughlin Durham Regional Cancer Centre which took place on June 18, 2004. Danielle Martin, MD, President, Professional Association of Interns and Residents of Ontario, providing Council with a copy of the "Primary Importance: New Physicians and the Future of Family Medicine". The recommendations include a variety of concrete changes to recruit and retain brilliant young minds into primary care medicine in Ontario. Michael Scott, Executive Director, Oak Ridges Moraine Foundation submitting to Council the 2003 Annual Report. The foundation has completed its first full year of operation as an independent organization to help protect the Moraine. In 2003 it provided almost $1 million in funding support to preservation. Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding the Nuclear Waste Management Organization: "a) THAT Report #2004-P-51 of the Commissioner of Planning be endorsed as the Region's response to the Nuclear Waste Management Organization on its document entitled 'Asking the Right Questions? The Future Management of Canada's Used Nuclear Fuel'; . . . , Council Minutes COMMUNICATIONS - 12- June 28, 2004 b) THAT the Nuclear Waste Management Organization (NWMO): i) give paramount consideration to the health and safety of humans, societal well-being and. the environment, now and in the future, in the selection of the long-term management approach for nuclear fuel waste; ii) be advised that, given the long-term element of risk associated with the radioactive and toxic nature of nuclear waste, the long-term retention of nuclear waste at existing reactor sites in Durham is not an acceptable solution, iii) focus on a long-term management approach for nuclear waste that is in a location as far away from populated areas and water supplies as possible; iv) broaden its scope in considering security aspects in the development of long-term management approaches for nuclear waste to ensure public safety; v) focus on long-term storage methods that allow retrieval of the waste, as opposed to disposal methods that do not allow for taking advantage of future opportunities for the application of emerging technologies; vi) address the physical capacity of existing reactor sites, in the event long-term storage of nuclear waste at existing reactor sites is pursued; vii) ensure that the public feels confident about the dependability of the producerslowners of nuclear fuel waste to guarantee and deliver a safe, long- term management solution; viii) ensure that the radiation hazard from nuclear waste and resulting potential health risks are communicated in terms that are clear, understandable and relevant to the public, so that the public can have an accurate understanding of risk, and can make informed comments on long-term management approaches; . . . , Council Minutes COMMUNICATIONS - 13 - June 28, 2004 ix) 'build-in' mechanisms for the continuous review of the long-term management approach that is ultimately selected, to allow consideration of emerging technologies, and ensure that knowledge is passed on from generation to generation; x) ensure that the residents of Durham, the Region of Durham and area municipalities continue to be consulted throughout this Study and beyond, to allow for the identification of emerging issues; xi) acknowledge that financial considerations for the impacts of the selected long-term management approach, must be made to address the unique challenges that will be faced by nuclear host communities; xii) ensure the availability of financial resources for the long- term, by addressing matters such as financial risk factors. As a starting point, to keep pace with inflation, annually calculate the payments that are to be made by the producers of nuclear waste to the trust fund for the long-term management of nuclear waste; xii) ensure continued responsibility for financial and legal liability is addressed, in the event that responsibility for nuclear waste is transferred from the NWMO to another agency; xiv) provide peer review funding for a collective approach to consulting services for municipalities, to enable an independent assessment of the NWMO's Study, which will contain complex issues related to the long-term management of nuclear waste; and c) THAT a copy of Report #2004-P-51 of the Commissioner of Planning be forwarded to the Nuclear Waste Management Organization and the area municipalities." . . . , Council Minutes COMMUNICATIONS 1- 29 C10.MO 1- 30 C10.MO 1-31 C10.MO - 14- June 28, 2004 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding the Oak Ridges Moraine Conservation Plan: "a) THAT the proposal by the conservation authorities regarding implementation of the Oak Ridges Moraine Conservation Plan be received; b) THAT the existing Memorandum of Understanding (MOU) between the Regional Municipality of Durham and the 5 Durham area conservation authorities continue as a guide for authority support to the Region, on development review; and c) THAT a copy of Report #2004-P-52 of the Commissioner of Planning be forwarded to the 5 Durham area conservation authorities, the Conservation Authorities Moraine Coalition and the area municipalities." Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding Monitoring of Growth Trends: "THAT Report #2004-P-56 of the Commissioner of Planning be received for information; and THAT a copy of Report #2004-P-56 of the Commissioner of Planning be forwarded to the area municipalities, the Police Service Board, the District Health Council and the school boards in Durham." Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16,2004 Regional Council passed the following resolution regarding Building Permit Activity: "THAT Report #2004-P-57 of the Commissioner of Planning be received for information; and THAT a copy of Report #2004-P-57 of the Commissioner of Planning be forwarded to the local municipalities." . . . , Council Minutes COMMUNICATIONS 1- 32 C10.MO 1- 33 C10.MO 1- 36 C06.AG - 15 - June 28, 2004 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding the York, Peel, Durham, Toronto Groundwater Strategy Status Report: "THAT Report #2004-J-16 of the Commissioner of Planning and the Commissioner of Works be received for information; and THAT a copy of Report #2004-J-16 of the Commissioner of Planning and the Commissioner of Works be forwarded to the area municipalities and the conservation authorities." Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding Revised Highway 407 East Completion Environmental Assessment: "a) THAT the Provincial Government be requested to expedite the completion of the Highway 407 East Completion Environmental Assessment; b) THAT Report #2004-J-17 of the Commissioner of Planning and the Commissioner of Works be endorsed as the Region's response to the Revised Highway 407 East Completion - Draft Environmental Assessment Terms of Reference; and c) THAT a copy of Report #2004-J-17 of the Commissioner of Planning and the Commissioner of Works be forwarded to the Ministry of Transportation and their consultant, the Ministry of the Environment, the area municipalities, and the conservation authorities." Minutes of the Clarington Agricultural Advisory Committee meeting dated April 8, 2004. , , . . . , Council Minutes COMMUNICATIONS 1-10 M04.GE 1- 18 M04.GE 1-21 F27,GE - 16- June 28, 2004 Dr. Marie Bountrogianni, Minister of Citizenship and Immigration inviting nominations for the Community Action Awards for 2004 to honour individuals who have been instrumental in effecting positive change for persons with disabilities in Ontario. Resolution #C-332-04 Moved by Councillor Foster, seconded by Councillor Pingle THAT Tim Hick, member of the Clarington Accessibility Advisory Committee, be nominated for the Community Action Award for his work on the Rick Hansen Wheels in Motion Campaign. "CARRIED" Office of the Fire Marshal, Public Fire Safety Council, advising Council that George Vice from Newcastle was the recipient of the Fire Safety Advocate Award in recognition of outstanding contributions to fire protection and prevention in Ontario. Mr. Vice's outstanding efforts ensure the residents of the Clarington area benefit from the life-saving messages in the fire safety house. Resolution #C-333-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT George Vice be congratulated on his Fire Safety Advocate Award and his outstanding contributions to fire protection and prevention. "CARRIED" Richard Stephenson, Chair, Assessment Review Board, advising Council that March 31, 2004 was the statutory filing deadline for the filing and receipt of property assessment complaints for the 2004 taxation year. To date, the Board has received 76,000 complaints for the current year. A complaint streaming strategy for the new case load , as well as the outstanding case load from previous years has been implemented. , . . . Council Minutes COMMUNICATIONS 1- 23 F11.GE 1- 34 C10.MO - 17- June 28, 2004 Resolution #C-334-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-21 be received for information. "CARRIED" Susan McGovern, Vice Present, Community Relations and Communications, Ontario Strategic Infrastructure Financing Authority, advising Council that they are now prepared to accept applications for the 2004-05 Municipal Infrastructure Renewal Loan Program. The Program's aim is to offer affordable infrastructure financing for five key municipal priorities: clean water infrastructure, sewage treatment facilities, waste management infrastructure, municipal roads and bridges, and public transit. Applications are available online at www.osifa.on.ca. Resolution #C-335-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1- 23 be received for information. "CARRIED" Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding Oshawa Senior Citizens Centres: "THAT the resolution of the Oshawa Senior Citizens Centres regarding designation and provincial funding of Elderly Persons Centres, be endorsed; and THAT the Premier of Ontario, Minister of Health and Long- Term Care, Minister Responsible for Seniors, Durham's M.P.P.'s, and municipalities and the Oshawa Senior Citizens Centres, be so advised." < . . . Council Minutes COMMUNICATIONS 1- 35 C06.AG 1- 37 C06.AG - 18 - June 28, 2004 Resolution #C-336-04 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the resolution of the Regional Municipality of Durham regarding Oshawa Senior Citizens Centres be endorsed. "CARRIED" Minutes of the Clarington Agricultural Advisory Committee meeting dated March 11, 2004. Resolution #C-337-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 35 be received for information. "CARRIED" Minutes of the Clarington Agricultural Advisory Committee meeting dated May 13, 2004. Resolution #C-338-04 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item 1- 37 be received for information. "CARRIED" Correspondence Items D - 12 through D - 16 were distributed as handouts. Resolution #C-339-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Correspondence Items be approved as per the agenda, including the handout items, with the exception of Items D - 2, D-7, D-8,D-9andD-12. "CARRIED" "' . . . Council Minutes COMMUNICATIONS D - 1 M02.GE D-3 M02.GE D-4 D14.GE D-5 P07.GE - 19- June 28, 2004 Chantal Mailhot, Oshawa Cycling Club, requesting partial lane closures and permission to use specific roads to host the "21st Annual Scugog Circle Century Tour" on Sunday, August 22, 2004. The event would not require full lane closure as cyclists ride a two- abreast formation. The event is open to a maximum of 400 participants and runs from 7:00 a.m. - 5:00 p.m. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Director of Engineering Services) Mary Tillcock, on behalf of the Steering Committee, The 2004 Terry Fox Run, requesting approval to hold Clarington's Annual Terry Fox Run on Sunday, September 19, 2004 from 8:00 a.m. - 2:00 p.m. The event will commence at Memorial Park, Bowmanville. All funds raised are turned over to the Terry Fox Foundation for cancer research. Also, they are requesting the proclamation of the week of September 12 - 19, 2004 as ''Terry Fox Week". (Proclaimed and approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Terry, Mark, and Phyllis Price, 2895 Highway #2, Bowmanville, L 1 C 3K5, stating their concerns of the proposal of amendment to the Zoning By-law of Part Lot 5, Concession 1, former Township of Darlington. The property is adjacent to their farm land. The Price's land is at a lower elevation and they are concerned about the runoff with a road and parking lot; as the water will not be absorbed by the ground. (Correspondence referred to the Director of Planning Services) C. Rockford Varcoe, Class Act Dinner Theatre, expressing concerns about a motion passed by Regional Council in 2003 which affects food outlets. He is concerned that food establishments charged by the Health Department are published in the press, but the nature of the charge is not. It negatively affects small businesses in the area. (Correspondence referred to the Regional Municipality of Durham) . . . . Council Minutes COMMUNICATIONS D-6 T03.GE D -10 D - 11 D -13 D - 14 D - 15 - 20- June 28, 2004 Ruth Mundy, Child & Youth Worker, Bethesda House, requesting the use of a Clarington bus and driver, twice a week, through July and August. The bus will be used for day trips within Clarington for a group of children that will be participating in a summer program at Bethesda House. (Correspondence referred to the Director of Engineering Services) Confidential Property Matter (Correspondence referred to the end of the agenda to be considered during a "closed" session) Confidential Personnel Matter (Correspondence referred to the end of the agenda to be considered during a "closed" session) Mark Peacock, Watershed Services Co-ordinator, requesting comments on revisions to Ganaraska Region Conservation Authority Planning and Regulations Fee Schedule. (Motion to refer correspondence to the Director of Planning Services) Valentine Lovekin, Newcastle BIA, requesting permission to use specific roads to host the "Fall Festival" on October 2, 2004. The event route is Baldwin Street to Beaver Street onto King Street, Emily Road to Wilmot Street and then to Mill Street. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Director of Engineering Services) Richard Lowery, Kendal Orange Lodge, requesting permission to host the following two Parades: July 17, 2004 from 1 :00 p.m. - 2:00 p.m.; and - August 14, 2004 from 1 :00 p.m. to 2:00 p.m. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Director of Engineering Services) . . . Council Minutes COMMUNICATIONS D - 16 D-2 T02.GE D-7 C10.MO - 21 - June 28, 2004 Roslyn Houser, Goodman Law Office, writing with respect to the Brookhill Neighbourhood Design Plan, Bowmanville Urban Area. They believe the municipality should be processing plans of subdivision for lands in the Brookhill Neighbourhood within the framework for Neighbourhood Design Plans set out in the approved Official Plan. Their clients have provided staff with a comprehensive proposal for a land owner funded neighbourhood design plan that provides for all the elements required by Section 9.5.3 of the Official Plan. They are asking that Council direct staff to work with their clients to finalize the work plan based on the proposal submitted to staff so that the Brookhill Neighbourhood Design Plan may proceed without further delay. (Motion to advise of actions taken with respect to Report PSD-088-04) Marilyn Cole, Campaign Officer, Friends of Second Marsh requesting permission to host a "Bike Rally" on Sunday, August 22, 2004 to raise funds towards the construction of the Great Lakes Wetlands Centre. The event will run from 8:30 a.m. - 1 :30 p.m. The cyclists will need to use Courtice Road between the Park north to South Service Road and then east on South Service Road to the Ontario Power Generation property. Resolution #C-340-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Friends of Second Marsh "Bike Rally" be approved provided the organizers apply for and obtain a Road Occupancy Permit from the Director of Engineering Services. "CARRIED" Carolyn Downs, City Clerk, City of Kingston, advising Council that at a meeting held on June 1, 2004 Council passed the following resolution regarding Rent Bank and Rent Supplement Programs: "WHEREAS Kingston City Council recently passed a motion concerning adequate provincial funding for the Rent Bank and Rent Supplement Programs, and, , . . . Council Minutes COMMUNICATIONS D-S C10.MO - 22- June 2S, 2004 WHEREAS it has been confirmed that the province will provide 100% funding for these programs, as well as provide an additional 1 0% to cover administrative costs, and, WHEREAS staff has stated that the funding model proposed by the province will adequately fund the delivery of these programs; THEREFORE BE IT RESOLVED THAT the City of Kingston express its support for the Rent Bank and Rent Supplement Programs and confirms its desire to participate in these important initiatives; -and further- BE IT RESOLVED THAT a copy of this resolution be sent to the Honourable John Gerretsen, MPP; the Clerk of the Ontario Legislature for distribution to all MPPs; and to all municipalities on our standard mailing list for their information." Resolution #C-341-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D -7 be received for information. "CARRIED" Barbara Kelly, Mayor, City of Kawartha Lakes, advising that Council passed the following resolution regarding the 2002 Submission for the Province's Municipal Performance Measurement Program: "RESOLVED THAT Report FIN2004-24 2002 Municipal Performance Measurement Program (MPMP), be received; THAT the City write a letter under the signature of the Mayor to the Minister of Municipal Affairs, strongly opposing this waste of staff time and money; THAT the City request that this program stop as soon as possible; and THAT all Municipalities be copied for support." . . . Council Minutes COMMUNICATIONS D-9 C06.AG - 23 - June 28, 2004 Resolution #C-342-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Correspondence Item D - 8 be received for information. "CARRIED" Tom Barrie, Chair, Clarington Agricultural Advisory Committee, advising Council that at a meeting on June 10, 2004 the Committee passed the following resolutions: "WHEREAS for the first time in history, net farm income levels are expected to hit negative levels; AND WHEREAS farmers' net income in Ontario is down 44% since 2002 and continuing challenges to the agriculture sector have made the expectation of a profit impossible; AND WHEREAS farmers in the Municipality of Clarington and across Ontario are facing higher costs in order to comply with safe water requirements and the Nutrient Management Act; AND WHEREAS farmers in the Municipality of Clarington are experiencing escalating assessments, on average 35% more than all other assessments in the Region; AND WHEREAS farmers also face higher input costs, particularly for hydro, fuels, labour and transportation; AND WHEREAS farms in the urban fringes are being unfairly penalized; AND WHEREAS the future of farmers in Clarington and throughout Ontario has been devastated by fallout from BSE, the loss of export markets for livestock and other food products, as well as lower prices for farm commodities; THEREFORE BE IT RESOLVED THAT: Clarington Council request the Region of Durham to support farmers by passing a by-law to apply a tax ratio of 0.15 instead of 0.25 for the farm property class before April 30, 2005, as outlined under the Assessment Act 2002.c.33.s.153. " AND . . . Council Minutes COMMUNICATIONS - 24- June 28, 2004 "WHEREAS for the first time in history, net farm income levels are expected to hit negative levels; AND WHEREAS farmers' net income in Ontario is down 44% since 2002 and continuing challenges to the agriculture sector have made the expectation of a profit impossible; AND WHEREAS farmers in the Municipality of Clarington and across Ontario are facing higher costs in order to comply with safe water requirements and the Nutrient Management Act; AND WHEREAS farmers in the Municipality of Clarington are experiencing escalating assessments, on average 35% more than all other assessments in the Region; AND WHEREAS farmers also face higher input costs, particularly for hydro, fuels, labour and transportation; AND WHEREAS farms in the urban fringes are being unfairly penalized; AND WHEREAS the future of farmers in Clarington and throughout Ontario has been devastated by fallout from BSE, the loss of export markets for livestock and other food products, as well as lower prices for farm commodities; THEREFORE BE IT RESOLVED THAT: Clarington Council request the Province of Ontario to roll back farm property assessments to June 2001, and keep assessments frozen until the Municipal Property Assessment Corporation (MPAC) develops clear processes and procedures for determining agricultural assessments in the GTA that are aimed at keeping agricultural land in production." Resolution #C-343-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 9 be referred to the Finance Department of the Regional Municipality of Durham. "CARRIED" . . . .' Council Minutes COMMUNICATIONS D -12 C10.MO - 25- June 28, 2004 Pat Madill, Regional Clerk, Regional Municipality of Durham, regarding the Region's smoking by-law. Resolution #C-344-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the amendment to the Regional Municipality of Durham's Smoking By-law be endorsed. "CARRIED" NOTICE OF MOTION Resolution #C-345-04 Moved by Councillor Trim, seconded by Councillor Pingle WHEREAS By-law 90-130 provides for site plan control within the Municipality of Clarington and defines classes of development that may be undertaken without the approval of certain plans and drawings under Section 41 of the Planning Act; WHEREAS By-law 2004-114 provides for the licensing of refreshment vehicles and requires that certain plans and drawings be provided by the applicant for review by Planning Services staff for conformity to the Municipality's Zoning By-law; WHEREAS the licensing of refreshment vehicles under the Municipal Act addresses the review and approval process that the Municipality would initiate through site plan control under the Planning Act; THEREFORE BE IT RESOLVED that the Municipality of Clarington pass a by-law to exempt refreshment vehicles for site plan control. "MOTION DEFEATED ON THE FOLLOWING RECORDED VOTE" . . . .' Council Minutes - 26- June 28, 2004 NOTICE OF MOTION REPORTS Report #1 G.P.A. Report June 21, 2004 Report #2 Naming of New Facilities Council Member Yes No Declaration of Pecuniarv Interest Councillor Foster -.J Councillor MacArthur -.J Councillor PinQle '>I Councillor Robinson '>I Councillor Schell -.J Councillor Trim '>I Mavor Mutton '>I Resolution #C-346-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of June 21 , 2004, be approved. "CARRIED" Resolution #C-347-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CLD-23-04 be received; and THAT the name of the new hockey museum be "Clarington's Brian McFarlane Hockey Museum"; THAT the new soccerllacrosse bowl be named "Bowmanville Indoor SoccerlLacrosse Bowl"; and THAT the Community Services Department, June Siebarth, James Coyle and Willie Woo be advised of Council's decision. "CARRIED LATER IN THE MEETING (SEE FOLLOWING MOTION) . . . Council Minutes - 27- June 28, 2004 REPORTS Resolution #C-348-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the foregoing Resolution C#346-04 be amended by deleting the word "Clarington" from the proposed name of the new hockey museum. "MOTION DEFEATED" The foregoing Resolution #C-347-04 was then put to a vote and CARRIED. Report #3 Resolution #C-349-04 Order to Moved by Councillor Foster, seconded by Councillor Schell Restrain - Wood THAT Report CLD-24-04 be received; and THAT the Order to Restrain served on Brian Wood be upheld. "CARRIED" Report #4 Resolution #C-350-04 Clarington Older Moved by Councillor MacArthur, seconded by Councillor Foster Adults and Clarington Beech THAT Report FND-016-04 be received; and Centre Funding THAT the Clarington Older Adults Association be provided a grant of $22,000 and the Clarington Beech Centre be provided a grant totalling $8,000 from the Older Adults Centre Operating Reserve Fund. "CARRIED" Report #5 Resolution #C-351-04 Planning Act Reform Moved by Councillor Foster, seconded by Councillor Pingle THAT Report PSD-087-04 be received for information. "CARRIED" . . . Council Minutes REPORTS Report #6 Expropriation Part of Lot 31 Concession 1 Report #7 Declaration And Sale of Surplus Property Part of Lot 31 Concession 1 - 28- June 28, 2004 Resolution #C-352-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-085-04 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 community park of the lands more particularly described as the portion of Part Lot 31, Concession 1, former Township of Clarke, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described in Instrument No. N163487 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) save and except Part 1 shown on Plan 40R-20274, and save and except Part 2 shown on the draft plan of survey contained in Attachment 1 to Report PSD-085-04, 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 community park pursuant to the Municipal Act, 2001; and 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. "CARRIED" Resolution #C-353-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report PSD-086-04 be received; THAT a by-law be passed to declare five separate portions of Block 77 on Plan 10M-784, as shown on Attachment 2 to Report PSD-086-04, to be surplus property of the Municipality; THAT a by-law be passed to authorize the Mayor and the Clerk, on behalf of the Municipality, to execute the agreements for the sale of the five portions identified on Attachment 2 to Report PSD-086-04; . . . Council Minutes REPORTS Report #8 South Courtice Business Park Study Report #9 - 29- June 28, 2004 THAT the proceeds from the sale of the surplus property be deposited into the Municipal Acquisition of Real Property Reserve Account; and THAT staff and the Municipal solicitor be authorized to take all necessary actions to complete the transactions. "CARRIED" Resolution #C-354-04 Moved by Councillor Foster, seconded by Councillor Pingle THAT Report PSD-089-04 be received; THAT the Purchasing By-law be waived; THAT Urban Strategies Ltd., together with Gartner Lee Ltd., The Delphi Group and Totten Sims Hubicki Ltd. be retained to undertake the South Courtice Business Park Study for a total project fee of $115,000; THAT the funds for the Municipality's share be drawn as follows: from the Planning Consulting Account 100-50-130-00000-7160 and from the Professional Fees Reserve Account 100-00-100-00000- 2926 or, if necessary, from an appropriate source as determined by the Director of Finance/Treasurer; and THAT the Mayor and Clerk be authorized to execute a contract for professional services. "CARRIED" Resolution #C-355-04 Canadian Moved by Councillor Trim, seconded by Councillor Schell Waste Services Inc. 2nd Agreement THAT Report COD-043-04 be received; THAT the 2nd lease amending agreement with Canadian Waste Services Inc. be approved; and . . . Council Minutes REPORTS Reports #10 and #11 Report #12 Application St. Marys Cement To Deepen the Bowmanville Quarry - 30- June 28, 2004 THAT the by-law marked Schedule "A" to Report COD-043-04 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #C-356-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Confidentail Report PSD-092-04 and Confidential Report PSD-093-04 regarding property matters be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Resolution #C-357-04 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT Report PSD-090-04 be received; THAT St. Marys Cement be requested to fund a peer review consultant with terms of reference, costs and timelines mutually agreeable, to assist the Municipality in the review of the Hydrogeological Assessment and Supplemental Recommendations on Slope Design prepared by Golder Associates for St. Marys Cement's application to amend their site plan to deepen the Bowmanville Quarry; THAT the results of the peer review be presented to the St. Marys Cement Community Relations Committee; THAT the peer review and staff comments be forwarded to the Ministry of Natural Resources upon completion of the peer review and submitted to Council for endorsement at the earliest possible opportunity after summer recess; and THAT the Ministry of Natural Resources, Ministry of Environment, Region of Durham, Central Lake Ontario Conservation, Darlington Nuclear, Hydro One, MHBC Planning, St. Marys Cement (Canada) Inc. and the St. Marys Cement Community Relations Committee be advised of Council's decision. "CARRIED" . . . " Council Minutes REPORTS Report #13 Brookhill Neighbourhood Design Plan Report #14 Rezoning Application to Permit Light Industrial Use Report #15 - 31 - June 28, 2004 Resolution #C-358-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-088-04 be received; THAT the Brookhill Secondary Plan be deferred until 2005 or until appropriate funds can be secured to undertake the study; THAT the Director of Planning Services convene a meeting with the interested land owners in the near future; and THAT all interested parties listed in Report PSD-088-04 and any delegation be advised of Council's decision. "CARRIED" Resolution #C-359-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report PSD-091-04 be received; THAT the rezoning applications submitted by 1524103 Ontario Ltd, to permit a light industrial development be approved in part; THAT the zoning by-law amendment, as contained in Attachment No.2 to Report PSD-091-04 be approved and that staff forward a By-law to Council for the removal of the Holding (H) at such time as the requirements of Section 23.4.3 of the Clarington Official Plan have been complied with and site plan approval in principle has been granted; and THAT all interested parties listed in Report PSD-091-04 and any delegations be advised of Council's decision. "CARRIED" Report PSD-094-04 - Application for Bowmanville Medical Centre was withdrawn from the agenda. - - . Council Minutes REPORTS Report #16 Waterfront Property Report #17 Confidential Legal Report - 32 - June 28, 2004 Resolution #C-360-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Report OPD-003-04 be received; THAT funds for the purchase of a used gate system/central meter device be charged to Parking Lot Reserve Fund Account Number 501-00-000-00000-7401; and THAT the daily fee of $5.00 be charged to non-residents for the 2004 season at the Bowmanville Boat Launch. "CARRIED" Resolution #C-361-04 Moved by Councillor Schell, seconded by Councillor Ping Ie THAT 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-362-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT AI Storie be thanked for his presentation regarding Alfred Shrubb - 'World Champion Runner". "CARRIED" Resolution #C-363-04 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the reading of the By-laws be considered following the "closed" session of Council. "CARRIED" . . . " Council Minutes OTHER BUSINESS - 33 - June 28, 2004 Resolution #C-364-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Ms. Laura Tyler be appointed to the Regional Waterfront Coordinating Committee. "CARRIED" Resolution #C-365-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Councillor Schell be appointed as the Council representative on the Regional Waterfront Coordinating Committee. "CARRIED" Regional Update Councillor Trim advised Council that he attended the Public Information Session regarding the Biosolids Master Plan Study held on June 23, 2004 at the Rickard Recreation Complex. Also, he attended the EMS and Whitby Police Complex opening which he stated is a very spectacular office. Councillor Robinson invited Council to the 2nd Annual Canada Day Celebrations to be held on July 1, 2004 at the Kendal Community Centre; the fireworks display will begin at dusk. Also, July 24, 2004 is "Kendal Day" involving various activities and a pork barbecue. Councillor Robinson stated that the canteen at the Newcastle Arena is being relocated to the main level. At Newcastle Hall, a fund raising dance will be held on October 30, 2004 with proceeds going towards the washrooms in the front of the hall. The Orono Fair will be held on September 9, 10, 11, 12, 2003 and Concerts in the Park will commence in July, 2004 until September 1, 2004. Councillor Robinson thanked the board members for their hard work at revamping the gardens at Orono Hall and Peter Windolf in a job well done in regards to the Rutherford Trail Entrance. Boards and Committees Councillor Schell congratulated staff on the Srd Annual Supplier Information Night. Over 70 suppliers participated in the information session. . . . >" Council Minutes OTHER BUSINESS Boards and Committees - 34- June 28, 2004 Councillor Trim will be attending the 90th celebration of the Horiticultural Society and the Clarke High School graduation ceremony. Resolution #C-366-04 Moved by Councillor Robinson, seconded by Councillor Pingle WHEREAS the Council of the Municipality of Clarington recognizes that the Durham Central Agricultural Exhibition has existed in the Village of Orono for over 152 years; AND WHEREAS this very important annual tourist attraction draws thousands of visitors to the area for four days every year and this year it will be September 9, 10, 11 and 12th, 2004; AND WHEREAS the Durham Central Agricultural Fair Board 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 an hourly shuttle bus service can be provided to the Orono Fair at a cost of approximately $1 ,000 total for September 10, 11, and 12th, 2004, using a private bus operator; NOW THEREFORE BE IT RESOLVED THAT Engineering Services be given direction to make the necessary arrangements for the Orono Fair 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 - 35 - June 28, 2004 Resolution #C-367-04 Moved by Councillor Pingle, seconded by Councillor Robinson WHEREAS Council authorized the execution of an agreement dated the 26 day of September, 2003 between Ontario Power Generation Inc., the Municipal Property Assessment Corporation, and the Corporation of the Municipality of Clarington regarding the settlement of outstanding property assessment appeals from April 1 , 1999 through to December 31, 2002; WHEREAS the aforementioned agreement requires regulations under the Assessment Act to be made in order to effect the agreement; WHEREAS the proposed draft regulations required review and acceptance by the Province; WHEREAS the agreement has a sunset clause dated June 30, 2004; NOW THEREFORE BE IT RESOLVED that the Mayor and Clerk be authorized to execute an amending agreement in a form satisfactory to the Municipal Treasurer to extend the sunset clause on the agreement to a mutually acceptable date in order to allow for the required regulations to be signed by the Minister of Finance. "CARRIED" Resolution #C-368-04 Moved by Councillor Foster, seconded by Councillor Pingle WHEREAS the Municipality, from time to time, receives requests from the private sector to borrow equipment, or to acquire specialized services; WHEREAS the Municipality considers such requests as an opportunity to assist our local businesses; and WHEREAS it is advisable to introduce a policy in order to deal with this type of request on a consistent basis and to protect the interest of the Municipality; . . . " Council Minutes OTHER BUSINESS - 36- June 28, 2004 NOW THEREFORE, the Council of the Municipality of Clarington resolves: i) THAT upon request from any local private business, the Municipality will provide equipment andlor services subject to availability on a 100% cost recovery basis provided the services or equipment cannot be obtained elsewhere within the Municipality and provided that the Company making such a request will provide proof of insurance for an amount that is satisfactory to the Director of Finance/Treasurer that names the Municipality as an additional insured and sign an agreement to hold the Municipality harmless from any and all claims, costs or damages arising from using the Municipality's equipment or service. "CARRIED" Resolution #C-369-04 Moved by Councillor Schell, seconded by Councillor Trim WHEREAS students Julia McGill and Jayne Thompson recently wrote to the Mayor's Office regarding Global Warming and its effect on the environment; WHEREAS they have suggested that Clarington hold a "Find Another Way Day" where the community finds alternative ways to get to work and school to reduce emissions; WHEREAS the Mayor's office has confirmed that this concept has worked well in Regina and a number of other Canadian cities: NOW THEREFORE BE IT RESOLVED THAT Clarington endorse the excellent idea of declaring a "Find Another Way Day"; THAT this be referred to staff for coordination with the School Boards to designate an appropriate day; THAT Clarington Transit provide free service for "Find Another Way Day" to encourage transit use; and THAT this resolution be copied to MPP, John O'Toole. "CARRIED" . . . " Council Minutes OTHER BUSINESS - 37- June 28, 2004 Resolution #C-370-04 Moved by Councillor Trim, seconded by Councillor Foster WHEREAS the Municipal Property Assessment Corporation (MPAC) was established by the Municipal Property Assessment Corporation Act; WHEREAS MPAC commenced operations on December 31, 1998 when the Government of Ontario transferred responsibility for property assessment to the Corporation; WHEREAS MPAC's function is to administer a uniform, province- wide system based on current value assessment; WHEREAS part of MPAC's responsibility is to provide an annual assessment roll for use by Municipalities in calculating property taxes; WHEREAS since the establishment of MPAC many taxpayers within Clarington have been shocked at the assessment figures received and are naturally most upset; WHEREAS the system does permit an appeal process whereby a landowner must appeal by March 31st of a taxation year; WHEREAS the Assessment Review Board has no time line when answering or dealing with appeals; WHEREAS to date in 2004 there have been 76,000 complaints from land owners, plus the backlog from previous years, to be addressed in Ontario; WHEREAS senior staff have worked diligently to assist municipal property owners and have suffered the frustrations of the residents; THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington on behalf of its property owners make known to the MPAC Board of Directors and the Provincial Government its concerns and the lack of trust in the level of service provided. We do support the recent changes to the provincial budget to help alleviate the above concerns. "CARRIED" . . . .. Council Minutes OTHER BUSINESS - 38- June 28, 2004 Resolution #C-371-04 Moved by Councillor Trim, seconded by Councillor Pingle THAT the Municipal Clerk provide a written report prior to August 31 , 2004 to Council regarding the Provincial policy governing the livestock compensation process; THAT the report is to include the approved compensation standard policy plus the dollar value allowed per animal for each year covering 1995 through to the end of 2003, in addition a list by year of the claims submitted, money paid for each claim and the number of claims rejected each year. "CARRIED" Resolution #C-372-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for five minutes and convene in "closed" session to discuss legal, property and personnel issues. "CARRIED" The meeting reconvened in "closed" session at 10:15 p.m. Confidential Reports PSD-093-04 and PSD-094-04 regarding property matters were distributed during the "closed" session. Resolution #C-373-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session, save and accept the actions related to Confidential Reports PSD-093-04, PSD-095-04 and PSD-096-04 be approved. "CARRIED" , " . Council Minutes - 39- June 28, 2004 REPORTS Report #11 Resolution #C-374-04 Confidential Moved by Councillor Schell, seconded by Councillor Foster Property Matter THAT the recommendations contained in Confidential Report PSD-093-04 be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of PecuniarY Interest Councillor Foster ~ Councillor MacArthur .,j Councillor Pinole .,j Councillor Robinson .,j Councillor Schell .,j Councillor Trim './ . Mavor Mutton './ Resolution #C-375-04 Moved by Councillor Schell, seconded by Councillor Foster THAT the recommendations contained in Confidential Report PSD-095-04 be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniarv Interest Councillor Foster Councillor MacArthur , Councillor Pinale './ Councillor Robinson './ Councillor Schell ~ Councillor Trim .,j Mavor Mutton .,j . ". . . . . . Council Minutes REPORTS - 40- June 28, 2004 Resolution #C-376-04 Moved by Councillor Schell, seconded by Councillor Foster THAT the recommendations contained in Confidential Report PSD-096-04 be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster " Councillor MacArthur v Councillor PinQle " Councillor Robinson " Councillor Schell " Councillor Trim " Mayor Mutton " Resolution #C-377-04 Moved by Councillor Shell, seconded by Councillor Trim THAT the Clarington Board of Trade be given a grant of $10,000 for economic development projects and that such funds be drawn from the Industrial Economic Development Reserve Account #502-00-000-00000-7400. "CARRIED" Resolution #C-378-04 Moved by Councillor Shell, seconded by Councillor Trim THAT the Purchasing By-law be waived; THAT Urban Strategies Inc. and Totten Sims Hubicki Ltd. be retained to undertake a planning and servicing study for industrial lands for an estimated fee of $120,0000; . . . .,. .' Council Minutes REPORTS BY-LAWS - 41- June 28, 2004 THAT funding be drawn as follows: $88,680.00 from the Development Charges Reserve - General Government (Account #529-00-000-00000-7400) and $31,320.00 from the Industrial Economic Development Reserve Account (Account #502-00-000- 00000-7400); and THAT the Mayor and Clerk be authorized to execute a contract for professional services. "CARRIED" By-law 2004-180 as listed on the Summary of By-laws was withdrawn from the agenda and replaced with a new By-law 2004-180 which implements the recommendations contained in Item 17 of Report #1. By-laws 2004-185, 2004-186 and 2004-187 were received as handouts. Councillor Foster stated a pecuniary interest with respect to By-law 2004-183, vacated his chair and refrained from voting on the subject matter. Councillor Foster indicated that he is a member of the Faith United Congregation. Resolution #C-379-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT leave be granted to introduce By-laws 2004-157 to 2004-187 inclusive, and that the said by-laws be now read a first and second time: 2004-157 being a by-law to authorize entering into an Agreement with the Owners of Plan Subdivision 18T-87085 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-87085 2004-158 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property 2004-159 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property ", . . . . . Council Minutes BY-LAWS - 42- June 28, 2004 2004-160 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property 2004-161 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property 2004-162 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property 2004-163 being a by-law to authorize the execution of an Agreement between Rogers Cable Communications Inc. and the Corporation of the Municipality of Clarington 2004-164 being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the Township of Scugog 2004-165 being a by-law to authorize the execution of a Boundary Road Agreement with the Corporation of the City of Oshawa 2004-166 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Gold Mutt/Mutt Enterprises Limited) 2004-167 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2004-168 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (The Waltzing Weasel) 2004-169 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Waste Management of Canada Corporation) 2004-170 being a by-law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington 2004-171 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Dynex Construction Ltd., Concord, Ontario, to enter into agreement for the Bowmanville Creek Erosion Protection, Live Crib Wall Construction . ""? ' . . . Council Minutes BY-LAWS - 43- June 28, 2004 2004-172 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and I.D.G. Illumination Design Group, Newmarket, Ontario, to enter into agreement for the Supply only of Decorative Streetlights and Bollards, Bowmanville 2004-173 being a by-law to approve the expropriation of the portion of Part Lot 31, Concession 1, former Township of Clarke, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described in Instrument No. N163487 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) save and except Part 1 shown on Plan 40R-20274, and save and except Part 2 shown on the draft plan of survey contained in Schedule 1 hereto on behalf of the Council of the Municipality of Clarington as the approving authority under the Expropriations act, and to authorize the Mayor and Clerk to execute a Certificate of Approval under the aforesaid Act 2004-174 being a by-law to approve the expropriation of the portion of Part Lot 31, Concession 1, former Township of Clarke, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described in Instrument No. N163487 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) save and except Part 1 shown on Plan 40R-20274, and save and except Part 2 shown on the draft plan of survey contained in Schedule 1 hereto, for the purposes of a community park pursuant to the Municipal Act, 2001, S.O. 2001 2004-175 being a by-law to authorize the Mayor and Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of the portion of Part Lot 31, Concession 1, former Township of Clarke, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described in Instrument No. N163487 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) save and except Part 1 shown on Plan 40R-20274, and save and except Part 2 shown on the draft plan of survey contained in Schedule 1 hereto in accordance with Section 9 of the Expropriation Act ~ --1,. !: . . . . Council Minutes BY-LAWS - 44- June 28, 2004 2004-176 being a by-law to declare the lands more particularly described as five portions of Block 77, 10M-784, Part Lot 15, Concession 1, former Township of Darlington, to be surplus 2004-177 being a by-law to authorize the sale and transfer to the abutting properties owners of 94, 96, 98, 100, and 102 Penfound Drive five separate portions of Block 77 on 10M-784, Part Lot 15, Concession 1, former Township of Darlington 2004-178 being a by-law to adopt Amendment No. 33 to the Clarington Official Plan 2004-179 being a by-law to adopt Amendment No. 34 to the Clarington Official Plan 2004-180 being a by-law to authorize the execution of a Front-Ending Agreement between Orchard Park Estates (Bowmanville) Inc. and the Municipality of Clarington 2004-181 being a by-law to authorize a second lease amending agreement between the Corporation of the Municipality of Clarington and Waste Management of Canada Corporation, the successor of Canadian Waste Services Inc. 2004-182 being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Muriel Elizabeth Holroyd, in respect to the purchase of 120 Baseline Road, Parts 1 to 8, and Part 15 on Plan 1 OR-814 minus Part 1 on Plan 10R-2073, Part Lot 11, Concession 1, former Town of Bowmanville 2004-183 being a by-law to authorize the Amending Agreement to amend the Agreement of Purchase and Sale between the Corporation of the Municipality of Clarington and the Trustees of the Ebenezer Congregation of the United Church of Canada and the Trustees of the Faith United Church of Canada, in respect to acquisition of 2001 Courtice Road, Part Lot 28, Concession 2, former Township of Darlington, Municipality of Clarington . '" ~ . . . , Council Minutes BY-LAWS - 45- June 28, 2004 2004-184 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1524103 Ontario Ltd.) 2004-185 being a by-law to authorize the execution of a Contract with Gartner Lee Ltd., The Delphi Group and Totten Sims Hubicki Ltd. 2004-186 being a by-law to authorize an application to be made to Council as the approving authority under the Expropriations Act, R.S.O. 1990, c.E.26 for the approval of the expropriation of all interests in the lands described as 50 East Beach Road, Bowmanville, for the purposes of a district park 2004-187 being a by-law to authorize an application to be made to Council as the approving authority under the Expropriations Act, R.S.O. 1990, c.E.26 for the approval of the expropriation of all interests in the lands described as 46 East Beach Road, Bowmanville, for the purposes of a district park "CARRIED" Resolution #C-380-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the third and final reading of By-laws 2004-157 to 2004-187 inclusive, be approved. "CARRIED" Councillor Foster stated a pecuniary interest earlier in the meeting, vacated his chair and refrained from voting on the confirming by-law. .. ,> .'" . . . ; Council Minutes - 46- June 28, 2004 CONFIRMING BY-LAW ADJOURNMENT Resolution #C-381-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT leave be granted to introduce By-law 2004-188 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 28th day of June 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-382-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the third and final reading of By-law 2004-188 be approved. "CARRIED" Resolution #C-383-04 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT the meeting adjourn at 11 :52 p.m. "CARRIED" Cf.~.../ MAYOR c: -