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HomeMy WebLinkAbout04/18/2006Energizing Ontario DATE: TUESDAY, APRIL 18, 2006 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of;a meeting of Council held on April 3, 2006 PUBLIC MEETING A public meeting is being held to consider the passage of a by-law to stop up and close as a public highway a portion of an unopen road allowance situated between Lot 26 and Lot 27, Concession 5, former Township of Clarke, now in the Municipality of Clarington and further identified as Part 1 on Reference Plan 40R-24130. DELEGATIONS a) Geraldine Fielder -Report PSD-035-06 (Item #4 of Report #1) b) Laurence Robitaille -Report PSD-035-06 (Item #4 of Report #1) c) Linda Gasser -Correspondence Item D-14 COMMUNICATIONS Receive for Information I -1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting held on March 21, 2006 I - 2 Minutes of the Central Lake Ontario Conservation Authority Meeting held on March 21, 2006 I - 3 Minutes of the Clarington Highway 407 Community Advisory Committee Meeting held on April 4, 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTO~ 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-337E Council Agenda - 2 - April 18, 2006 I - 4 Minutes of the 2006 Annual General Meeting of the Tyrone Community Centre I - 5 Durham Region Planning Department - 2005 Annual Building Permit Activity Review I - 6 The Honourable Jim Flahery, Minister of Finance -Harper Government Positive Change for Canadians I - 7 Isabel Grace, Superintendent of Business and Finance, Peterborough Victoria Northumberland and Clarington Catholic District School Board -Trustee Determination and Distribution I - 8 Jeanette Barrett, Dean, School of Career Development and Continuing Education - Job Connect I - 9 Debbie Zimmerman, Chair, MPAC Board of Directors -Ontario Ombudsman Report I - 10 Debbie Zimmerman, Chair, MPAC Board of Directors -Preliminary List of Electors I - 11 Joan Kellett, Director, Durham Celtic Fiddle Orchestra -Municipal Grant I - 12 Kaye Quinney, Treasurer, Clarington East Economic Support -Municipal Grant I - 13 Fred Archibald, President, Archibald Orchards and Estate Winery 7~' Annual Fruit Wine & Food Festival I - 14 Pat M. Madill, Regional Clerk, Regional Municipality of Durham -Weed Inspectors I - 15 John R. O'Toole, MPP, Durham -Smoking Areas on School Property I - 16 P.M. Madill, Regional Clerk -Durham Agricultural Advisory Committee 2005 Annual Report and 2006 Workplan I - 17 P.M. Madill, Regional Clerk -Durham Environmental Advisory Committee 2005 Annual Report and 2006 Workplan I - 18 Gloria Kovach, President, Federation of Canadian Municipalities - FCM Website I - 19 Enza Cancilla, Hydro One -Upgrade of Distribution System I - 20 Rhonda Barkley, Liaison, Ontario Family Fishing Weekend Steering Committee - Licence-Free Fishing Weekend Council Agenda - 3 - April 18, 2006 Receive for Direction D - 1 Jack Higgins, 172 Squadron Royal Canadian Air Cadets -Tag Days D - 2 N. Monaghan, Ontario Federation of Anglers and Hunters -Sunday Hunting D - 3 Brydon CS Eady -Municipal Grant D - 4 Paul Rowan, Parade Co-ordinator, Tyrone Spirit Day Committee -Parade Request D - 5 Play Works -Youth Friendly Community Recognition Program 2006 D - 6 Cathy McNeill -Port Granby Site D - 7 Steven Finlay, Executive Director, Community Living Oshawa/Clarington - Proclamation of "Community Living" Month D - 8 Jim Bradley, Minister Responsible for Seniors -Proclamation of Senior's Month and World Elder Abuse Awareness .Day D - 9 Laurie Davis -Resignation from the Animal Advisory Committee D - 10 Sally Barrie, Administrator, Community Care Durham -Clarington -Community Care Tag Days D - 11 Blake and Trina Inkster, Arlene Inkster -Development Application by Courtice Woods Inc. D - 12 Chris West, President, Downtown Pontiac-Buick-GMC, St. Marys -Automotive Strategy D - 13 Connie Vail, Public Health Nurse, Durham Region Health Department -ATV Safety D - 14 Linda Gasser - 407 Project Team's Public Information Centres D - 15 Chris Somerville, Township Clerk, Township of King -Canada Post and Rural Mail Boxes MOTION NOTICE OF MOTION Council Agenda - 4 - April 18, 2006 REPORTS 1. General Purpose and Administration Committee Report of April 10, 2006 2. Confidential Report EGD-024-06 -Property Matter 3. Confidential Report PSD-043-06 -Property Matter 4. Report OPD-004-06 -Grass Cutting of Boulevards 5. Report OPD-005-06 -Lease Arrangements with Darul Uloom 6. Report PSD-042-06 -Approval of Expropriation, Under the Expropriations Act, Respecting the Proposed Expropriation of 66 East Beach Road, Bowmanville .UNFINISHED BUSINESS OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT Itc~1nR tM 11iY Council Meeting Minutes April 3, 2006 Minutes of a regular meeting of Council held on April 3, 2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, A. Cannella Director of Community Services, J. Caruana (attended until 7:33 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 7:33 p.m.) Director of Corporate Services, M. Marano (attended until 7:33 p.m.) Director of Finance/Treasurer, N. Taylor Director of Emergency Services, G. Weir (attended until 7:33 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-030-06 (Item #6 of Report #1). MINUTES Resolution #C-151-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on March 20, 2006, be approved. "CARRIED" Council Meeting Minutes -2- April 3, 2006 Mayor Mutton advised that he received notice today that the Provincial Government is providing aone-time grant in excess of $10.6 million to Durham Transit to be used to refurbish and replace buses. PRESENTATION Gary Cole and members of the Orange Lodge presented a portrait of Queen Elizabeth II to the Mayor and Members of Council. Mayor Mutton advised that the portrait would be proudly displayed in the Council Chambers. DELEGATIONS Arnie Cooper was called but was not present. John Jaworski addressed Council with respect to a drainage issue. He advised that a Municipal Law Enforcement Officer visited his property and has issued an order to him to redirect his sump pump drainage hose to the ditch in front of his property. He indicated that the drainage was installed approximately 15 years ago in accordance with CLOCA approval. Six neighbouring homes drain into the one swale. Forcing him to reroute his pipe will put him in compliance with the by-law but others will still be draining to the same area, thereby not relieving the flooding problem experienced by his neighbours. He requested an exemption from the Municipality's Drainage By-law. Alan Vaillancourt addressed Council with concerns related to the design of Highway #2 at Solina Road. Since the highway was widened, numerous accidents have occurred at the intersection and Mr. Vallaincourt questions whether the curve in the highway at this location may be designed improperly. COMMUNICATIONS Resolution #C-152-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda, with the exception of Item I-15. "CARRIED° I - 1 Minutes of the St. Marys Cement Community Relations Committee Meeting held on March 7, 2006. I - 2 Minutes of the Agricultural Advisory Committee of Clarington Meeting held on February 9, 2006. I - 3 Minutes of the Clarington Older Adult Association Meeting held on March 17, 2006. Council Meeting Minutes -3- April 3, 2006 I - 4 Minutes of the Tyrone Community Centre Meeting held on February 9, 2006. I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting held on February 14, 2006. I - 6 Minutes of the Newcastle Community Hall Board Meeting held on February 21, 2006. I - 7 Minutes of the Clarington Traffic Management Advisory Committee Meeting held on January 19, 2006. I - 8 Minutes of Kawartha Conservation Meeting held on February 14, 2006. I - 9 John O'Toole, MPP, Durham, advising that he has received a letter from the Ministry of Transportation concerning the Town of Whitby resolution seeking an amendment to Bill 169 regarding regulations governing vehicles when they are stopped by a school crossing guard. He has also received a copy of the reply Gerry Chaput, Chief Engineer, sent to the Municipality of Clarington about the control of vehicles when they stop for a crossing guard. Mr. O'Toole offers his assistance with any additional follow-up required. I - 10 Enza Cancilla, Hydro One Networks Inc., advising that Hydro One has applied to the Ontario Energy Board to increase the rates their customers pay to have electricity delivered to their home or business. If approved, the new delivery rates will increase the total bill up to 6 percent for the average customer. It is expected that the Ontario Energy Board will approve the delivery rates sometime this spring. The new rates will be effective on May 1, 2006 and will appear under the "Delivery" line item on the bill. I - 11 Wayne Wilson, Conservation Authorities Moraine Coalition providing a brochure detailing their efforts and successes of 2005. I - 12 Elizabeth Moore, Executive Director, Oshawa Senior Citizens Centres, forwarding a copy of their Spring 2006 Activity Guide and the quarterly newsletter produced by volunteers on the Community Relations Committee. I - 13 Federation of Canadian Municipalities (FCM) advising that the Government of Canada has endowed FCM with $550 million to establish the Green Municipal Fund (GMF) to provide along-term, sustainable source of low interest loans and grants for municipal governments and their partners. Annual funding caps have been set limiting the number of projects that will be supported each year. I - 14 Sylvia Terpstra, Director of Education, Kawartha Pine Ridge District School Board advising that the following Trustee Distribution Model for the School Board will be presented at the March 30, 2006 meeting of the Board, for approval: Council Meeting Minutes -4- April 3, 2006 Municipality of Clarington 2 Trustees City of Peterborough 2 Trustees Township of Alnwick/Haldimand 1 Trustee Town of Cobourg Township of Hamilton Township of Asphodel-Norwood 1 Trustee Township of Cavan-Millbrook-North Monaghan Township of Otonabee-South Monaghan Municipality of Brighton 1 Trustee City of Quinte West/Murray Ward Township of Cramahe Township of Douro-Dummer 1 Trustee Township of Galway-Cavendish and Harvey Township of North Kawartha Township of Smith-Ennismore-Lakefield Municipality of Port Hope 1 Trustee Township of Havelock-Belmont-Methuen 1 Trustee Municipality of Trent Hills I - 16 Stephen Bourque, Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association, thanking Council for the $1,500 grant. I - 17 Ontario Good Roads Association (OGRA) advising that during the McGuinty Liberal government release of the 2006/07 Ontario Budget; the Honourable Dwight Duncan, Minister of Finance announced aone-time $1.2 billion investment in transportation. -$838 million will be directed toward transit while $400 million will be for municipal roads and bridges primarily outside the GTA with "special emphasis on rural and northern communities for road and bridge repair and upgrading." While the announcement states that this is a one-time investment and therefore falls short of OGRA's goal of securing sustainable funding for municipal infrastructure, it is still good news for OGRA members. I - 18 George Graham, Clerk Administrator, Township of Brock advising that their Council has written to Prime Minister Harper to urge the federal government to preserve the national child care program and the federal provincial child care agreement respecting the Early Learning and Care -Best Start Plan. Council Meeting Minutes -5- Aprit 3, 2006 I - 19 Gordon Lee, Chairman, Newcastle Arena Management Board thanking Council for the 2006 grant. During the last two terms of this committee, the arena has progressed from a winter ice skating arena, which only opened September to April each year, into a 12 month recreational facility, hosting not only winter ice activities but lacrosse, ball hockey, children's dance studio, summer day camp and now is the summer home to the Clarington Farmers' market. I - 20 Lisa McKee Baker, Executive Director, Big Brothers & Sisters of Clarington thanking the municipality for providing the agency with a municipal grant in the amount of $2,000. As a charitable organization, they rely heavily on the support of their community and they appreciate both the donation and the well wishes. I - 21 Elizabeth Dowdeswell, President, Nuclear Waste Management Organization forwarding the NWMO Annual Report 2005 -From Dialogue to Decision: Managing Canada's Nuclear Fuel Waste. I - 22 Carol Grylls, Committee Secretary, Regional Municipality of Durham, advising that Regional Council passed the following resolution pertaining toLandscaping Industry Land Uses: "a) THAT policies be integrated into the Durham Regional Official Plan that would further accommodate the landscaping industry, and the rural/agricultural component of the Proposed Amendment for the Regional Official Plan Review be modified; and b) THAT a copy of Report #2006-P-21 of the Commissioner of Planning be forwarded to the area municipalities, Durham's Conservation Authorities, the Ministry of Municipal Affairs and Housing, and Landscape Ontario." I - 23 Andre Marin, Ombudsman, forwarding his report Getting It Right, regarding his investigation into the transparency of the property assessment process and the integrity and efficiency of decision-make at the Municipal Property Assessment Corporation. I - 15 Association of Municipalities of Ontario advising that the 2006 Provincial Budget invests in municipal roads and bridges and public transit systems, but fails to deliver any additional uploading of provincial health and social services costs. While the Budget indicates. that the Province is on track to balance its books, it does nothing to reduce the Province's reliance on municipal property tax revenues to subsidize provincial programs and services, or to close the growing Provincial-Municipal fiscal gap. Council Meeting Minutes -6- April 3, 2006 Resolution #C-153-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correpondence Item I - 15 be received for information. CARRIED CORRESPONDENCE FOR DIRECTION Correspondence Items D - 13, D - 14 and D - 15 were distributed as handouts. Resolution #C-154-06 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 7 to D - 14, inclusive. "CARRIED" D - 1 Moe Richards, President, Clarington Older Adult Association, writing further to a Council resolution passed on February 13, 2006, stating that a representative from the Clarington Older Adult Association be appointed to the Heritage Designation Committee. He advises that if the residents of Beech Avenue do not have representation on the Heritage Designation Committee, then the Clarington Older Adult Association does not wish to have a representative on the committee at this time. The Association did not have plans to request additional parking at this time or in the immediate future. However, the Association wanted to ensure that the Heritage Designation would not restrict any plans of future parking. (Correspondence referred to the Director of Planning-Services) D - 2 Michelle Gentile, Coordinator, Fundraising Events, Multiple Sclerosis Society of Canada requesting permission to hold the 2006 Super Cities Walk for MS in Bowmanville. The event date is Sunday, April 23, 2006, beginning at 9:30 a.m. She is anticipating between 300 and 350 walkers this year, plus an additional 50 to 75 volunteers. (Request approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes -7- April 3, 2006 D - 3 Pat Madill, Regional Clerk, Regional Municipality of Durham writing with respect to the Provincial commitment to honour the allocations for Best Start Program and National Early Learning and Child Care Program. Regional Council requests the Municipality's endorsement of the following resolutions: "WHEREAS Toronto City Council endorsed the following six-point action plan for building a national Early Learning and Child Care program at its meeting on November 30, December 1 and 2, 2004: (i) moving from the current user pay and subsidy system to publicly funded programs, as in Quebec and other OECD countries; (ii) introducing standards that guarantee quality, universally accessible, developmental, inclusive programming like the Canada Health Act, the principles of child care needs to be enshrined in legislation; (iii) maintaining existing federal commitments (Canada Social Transfer, Early Childhood Initiative and Multilateral Framework Agreement funding); (iv) dedicating a separate adequate designated funding stream for a new, long- term federal transfer to provinces and territories; (v) agreeing that all expansion takes place through public and/or not for profit delivery; existing for-profit programs may be grand-parented; and (vi) including provincial and territorial accountability, tied to five-year plans that include goals and objectives, timelines and targets, review and evaluation as they build new Early Learning and Child Care (ELCC) systems; and WHEREAS the City of Toronto received $46 million for child care in 2005 and will receive $80 million in 2006 from the federal Early Learning and Child Care (ELCC) systems; and WHEREAS under the existing federal programs, the City of Toronto would have received an additional $236 million over the life of the five-year program and added a total of 5,855 licensed and subsidized child care spaces in the City of Toronto; and WHEREAS the cancellation of the federal Early Learning and Child Care program by the new Conservative Government puts the City of Toronto's child care system and those new spaces in jeopardy; and WHEREAS the lost funding will leave many children in the City of Toronto. without quality accessible child care; and WHEREAS the Conservative Government's proposed child care income support for families is a valid policy goal but is not a substitute for public investment in high quality early learning and child care programs; and Council Meeting Minutes -8- April 3, 2006 WHEREAS less than $100.00 a month, after taxes, comes nowhere close to covering the cost of high quality child care, and tax credits for employers will not create sustainable, equitable child care programs; and WHEREAS without a national child care program, there will be no choice in child care for parents; NOW THEREFORE BE IT RESOLVED THAT Mayor Miller, on behalf of Council and the residents of the City of Toronto, work with the federal and provincial governments to preserve the national child care program and the Ontario federal-provincial child care agreement; AND BE IT FURTHER. RESOLVED THAT the City of Toronto work with families, child care programs, and child care advocacy groups to ensure that the federal government fulfils its five-year commitment to build a national early learning and child care system in Toronto and Canada; AND BE IT FURTHER RESOLVED THAT this motion be circulated to the other municipalities in Ontario." And "a) THAT Correspondence from R. Williams, President, Ontario Municipal Social Services Association (OMSSA), addressed to Mary Anne Chambers, Minister of Children and Youth Services, dated January 30, 2006 requesting assurance in writing that the Province of Ontario will honour the allocations for Best Start be endorsed; and b) THAT the Premier of Ontario, Prime Minister of Canada, Ministers of Children and Youth Services Community and Social Services, Durham MPPs, Durham MPs, AMO, FCM, OMSSA, members of the Best Start Network and all School Boards in Durham Region be so advised and further that a coy be forwarded to the area municipalities for endorsement." (Advise that Council has previously endorsed this action at the request of the Canadian Union of Public Employees) D - 4 S. Elston, Leader, 3ro Courtice Guides, requesting permission to take part in the Yellow Fish Road Storm drain marking program. In order to commemorate Earth Day, Saturday, April 22, 2006, the guides wish to paint storm drains in the Courtice residential area as part of Trout Unlimited Canada's Yellow Fish Road program. The goal is to educate the public about the impacts of pollution entering urban storm drains. The volunteers will stencil yellow fish symbols Council Meeting Minutes -9- April 3, 2006 (with non-toxic paint) beside storm drains and distribute fish-shaped brochures to homes in the immediate area. They will be following the very strict safety guidelines provided by Trout Unlimited Canada. The project will likely take several hours on the morning of April 22. (Correspondence referred to the Director of Engineering Services) D - 5 Cathrine McKeever submitting her resignation from both the Local Architectural Conservation Advisory Committee and the Samuel Wilmot Nature Area Management Advisory Committee. (Thank Ms. McKeever for her service to these committees and correspondence referred to Municipal Clerk) D - 6 Barbara Stanyar, General Manager, Communications, Canada Post inviting nominations for the 2006 Canada Post Literacy Award. The Literacy Awards are Canada's only national awards dedicated to recognizing grassroots literacy initiatives and to celebrating the achievements of learners, along with those who have helped them learn to read and write. (Correspondence referred to the Municipal Clerk for an advertisement to be placed in the local newspapers) D - 15 G. Glenn Case, P.Eng., Manager, Projects & Facilities Deelopment, AECL, Low-Level Radioactive Waste Management Office advising Council that the Revised Port Granby Project Environmental Assessment Study Report has been issued, and inviting comments from staff-and the peer review team by May 3, 2006. The Draft Report is being circulated for comment to many residents, interest groups and other stakeholders. (Correspondence referred the the Director of Planning Services) D - 7 The Honourable Jim Bradley, Minister Responsible for Seniors advising that each year the Government of Ontario designates June as Seniors' Month to celebrate the countless experiences, accomplishments and contributions of seniors. Across the province, community organizations and local governments host special events to recognize seniors and the countless contributions they make to Ontario's way of life. He invites us to participate in the 2006 Senior of the Year Awards. The award was established in 1994 to give each municipality in Ontario the opportunity to honour one outstanding local senior. Recipients are individuals, who after age 65, have enriched the social, cultural or civic life of the community, without thought of personal or financial gain. Council Meeting Minutes -10- Apri13, 2006 Resolution #C-155-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Gordon H. Barrie be nominated as the Municipality of Clarington's 2006 Senior of the Year. CARRIED D - 8 Greg Farrant, Government Relations Manager, Ontario Federation of Anglers and Hunters (OFAH) advising that last year, the Ministry of Natural Resource, the OFAH and the Ontario Federation of Agriculture contacted all municipalities in southern Ontario in support of a new initiative to allow for gun hunting on Sundays during regular hunting seasons. At that time, 67 municipalities across southern Ontario voted in favour of Sunday gun hunting, which will take effect September 1, 2006 and be a part of all subsequent regulated hunting seasons. The Municipality of Clarington, at that time, did not support the proposal to allow Sunday gun hunting. The OFAH has recently been receiving calls from municipalities who, like ours, did not initially endorse Sunday gun hunting, but who are now reconsidering their position and asking how they can be included on the list of municipalities who said "yes". Because of this, they are asking Council to revisit this issue and provide an opportunity for public input and discussion. Resolution #C-156-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D - 8 be received for information. CARRIED D - 9 Barbara Kelly, Mayor, City of Kawartha Lakes, advising that on December 13, 2005, their Council passed the following resolution: "WHEREAS, the events of 2000 in Walkerton, Ontario resulted in a reaction from the Government of Ontario; AND WHEREAS the Government of Ontario has introduced very comprehensive legislation over the past 5 years with very costly ramifications for Ontario municipalities and the customers they serve; AND WHEREAS this legislation dictates requirements that Ontario municipalities and the water and wastewater customers they serve are no longer able to afford nor sustain as a direct result of Provincial Legislative requirements; Council Meeting Minutes -11- April 3, 2006 AND WHEREAS duly elected municipal representatives in the .City of Kawartha Lakes will no longer pass these Provincially mandated costs onto the customers they are elected to represent; BE IT RESOLVED THAT the Council for the City of Kawartha Lakes direct staff to maintain the municipal water and wastewater rates at the levels approved in 2004 for 2005; 2006 and 2007; THAT correspondence be forwarded to Premier Dalton McGuinty respectfully requesting the creation of a new Water and Wastewater Partnership Funding Program to assist Ontario municipalities and the users they serve; THAT this Water and Wastewater Partnership Funding Program include special circumstances funding for small rural municipal water systems; THAT this correspondence be copied to the Honourable Dwight Duncan, Minister of Finance, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, the Honourable Laurel Broten, Minister of the Environment and all MPPs within the Province of Ontario; and THAT this correspondence be forwarded to the Association of Municipalities of Ontario for circulation to and support from every municipality within the Province of Ontario to petition the Province of Ontario to take immediate action." Resolution #C-157-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D - 9 be received for information. CARRIED D - 10 Ron Moran, National President, Customs Excise Union Douanes Accis providing follow-up on the Canadian Border Patrol. He advises that much has happened since they last wrote in April 2005; the newly elected Conservative Government has acknowledged that having no form of Canadian pre-emptive or dissuasive patrols between border points of entry is illogical. He is requesting that Council pass the following resolution: "WHEREAS border security in Canada is very important and not properly ensured; WHEREAS border security was once strictly a responsibility of Customs; WHEREAS responsibility for the border between points of entry was given to the RCMP in the 1930's and Customs retained responsibility at points of entry; Council Meeting Minutes -12- April 3, 2006 WHEREAS the RCMP Commissioner has testified to the House of Commons Justice Committee on December 9, 2004, that the RCMP does not have enough resources to fulfill its mandate along the border; and is exclusively focused on gathering intelligence and investigating major cases; WHEREAS the RCMP cannot possibly be expected to satisfy a border patrol mandate because it also has to provide police response to other crises in communities; WHEREAS Customs is at the border already and has developed expertise on how to provide border security during its more than 100 years at the border; WHEREAS Customs has a border patrol expertise already established in that it operated what were called Flexible Response Teams during the late 1990's until the early 2000 years -time at which the Government of Canada's funding of the Anti-Smuggling Initiative ceased last year; WHEREAS Canada has in excess of 200 unguarded roads that can be used to enter Canada from the US; WHEREAS we know that there are hundreds of vehicles that enter Canada on any given month without reporting to Customs - we don't know who is in those vehicles or what they carry; WHEREAS the Canada Border Services Agency (CBSA) recorded over 1,600 vehicles entering Canada in 2004 and failing to report to a Customs office; WHEREAS there are 139 work locations on record in Canada where Customs Officers work alone and have little hope of receiving timely and adequate backup for assistance; WHEREAS Customs Officers have stopped calling police for backup in many locations across Canada because police response for backup has become next-to-non-existent because of a lack of resources; WHEREAS border security is a federal responsibility; WHEREAS CBSA has an interpretation advising it the applicable rules of continuity for evidence would not stand in a court of law should a Customs Officer working alone arrest someone then proceed to deal with processing additional traffic that would arrive at the port -rules dictate that one must keep an eye on the arrested individual at all times, without exception; WHEREAS meaningful border security is field-driven, hands on, and requires eyes and ears on the ground at the front-line, and is not merely intelligence- driven from large urban centres or Ottawa; Council Meeting Minutes -13- April 3, 2006 WHEREAS the cannabis trade between Canada and the US is becoming a major problem that, unless it is curbed, could significantly threaten our legitimate trading relationship with the US; WHEREAS a border patrol would have the capacity to both intervene as well as gather evidence and facts on the front-line as the eyes and ears on the ground and to then relate that information to proper authorities such as police and our partners in the US; WHEREAS a border patrol would only serve one master, the border, and be able to focus its entire resources at maintaining a secure border, providing rapid assistance to Customs Officers working alone, providing backup for Customs Officers, and guarding unguarded roads; WHEREAS every town, village, parish, county, municipality, and city situated on or in close proximity to the US border has a collective and vested interest to ensure border security is provided in a meaningful and enforceable way; BE IT RESOLVED THAT the (City, Municipality, Village, Parish, County, Town) of supports the Customs Excise Union Douanes Accise in its bid to have the Government of Canada give to the Canada Border Services Agency the first- response mandate to patrol the border between points of entry and working in partnership with the RCMP and other police forces, that latter of whom would act as the second-response partner along the border at and between points of entry; and BE IT FURTHER RESOLVED THAT this first-response mandate must be delivered by way of a border patrol; BE IT FURTHER RESOLVED THAT Parliament amend Bill C-26, which creates the Canada Border Services Agency (CBSA) and establishes its mandate, so as to broaden CBSA's mandate and grant it authority and responsibility to have the first-response mandate between ports of entry.° Resolution #C-158-06 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item D - 10 be received for information. CARRIED Council Meeting Minutes -14- April 3, 2006 D -11 Sandra Kranc, City Clerk, City of Oshawa advising that their Council passed the following resolution with respect to Industrial Tax Class Harmonization: "That whereas Regional Council is on record as supporting the harmonization of all industrial tax classes; and, Whereas the Region expects that the harmonization to one industrial class to be completed by 2009; and, Whereas it is also vitally important that the Region. of Durham and its member municipalities send a clear and unequivocal message to the auto sector industries that we will do what it takes to continue to support the retention and growth of the auto sector in Durham; and, Whereas actions that. increase the competitive advantage of local auto sector industries, as they compete with regions both within Canada and in the .United States, are necessary components of any responsible industrial tax strategy. Be it resolved: 1. That the Council of the City of Oshawa urges the Regional Municipality of Durham to send a clear message of support for the auto sector and other Durham industries by eliminating the Large Industrial Taxation Class and merging its members into a harmonized Industrial Taxation Class effective in 2006. 2. That the Council of the City of Oshawa further supports and urges the use of the Regional Tax Rate Stabilization Fund to provide the offsetting funds necessary to carry out this tax rate harmonization without impacting other non-industrial tax classes, and further that the Region use a portion of its assessment growth revenues in 2007-2009 to return to the Regional Tax Rate Stabilization Fund the monies used to offset. 3. That the Council of the City of Oshawa further urge the Region and its member municipalities to join with area industries to facilitate a meeting with the Provincial government to press for an end to the claw back provisions in the Industrial Tax Class. 4. That the Council send a copy of this resolution to the Regional Municipality of Durham for consideration in the 2006 Regional budget deliberations, and that copies be sent to all member municipalities in Durham requesting that they forward resolutions of support to the Regional Municipality. Council Meeting Minutes -15- April 3, 2006 5. That further copies of this resolution be sent to all Durham MPs and MPPs, members of Durham Regional Council, members of local Councils within Durham Region, all Durham Chambers of Commerce and Boards of Trade, the Durham Manufacturers Association, the Canadian Autoworkers Union Local 222, the Durham District Labour Council, and to the Association of Municipalities of Ontario. Resolution #C-159-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 11 be received for information. CARRIED D - 12 Confidential Property Matter Resolution #C-160-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 12 be referred to the end of the agenda to be considered during a "closed" session. CARRIED D - 13 Dave Sebben, Kinsmen Club of Bowmanville advising that the club will be holding their 18th Annual Home Show and Carnival at the Garnet B. Rickard Recreation Complex on April 21, 22 and 23. The event will feature many local businesses and all proceeds will be helping to support the various Kinsmen service projects in this community. He is seeking Council's permission to place lawn signs at strategic points throughout the community in order to advertise this event. The signs are yellow with black lettering and measure 24 by 18 inches. They would like to put the signs up on Sunday April 16 and remove them by Sunday April 23. Resolution #C-161-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the request of the Kinsmen Club to place lawn signs advertising their Annual Home Show be approved. CARRIED Council Meeting Minutes -16- April 3, 2006 D -14 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington advising that their Committee passed the following motion on March 9, 2006: "WHEREAS the Municipality of Clarington and the Region of Durham have reduced their farmland tax ratio we request the province honour its past practice of matching the Region's tax ratio reductions by reducing the Education taxation for the Agricultural land; AND further, that this resolution be circulated to other local area municipalities, Region of Durham, John O'Toole, MPP and any other local municipalities that have implemented farmland tax ratio reduction for endorsement." Resolution #C-162-06 Moved by Council) Robinson, seconded by Councillor Trim THAT the resolution of the Agricultural Advisory Committee of Clarington regarding a farmland tax ratio reduction be endorsed. CARRIED MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - March 27, 2006 Resolution #C-163-06 Moved by Councillor Schell, seconded by Councillor Trim THAT-the General Purpose and Administration Committee Report of March 27, 2006 be approved,- with the exception of Item #6. CARRIED Item #6 Councillor Pingle made a disclosure of pecuniary interest with respect to Item #6 (Report PSD-030-06) and refrained from discussion and voting on the subject matter. Councillor Pingle owns property in close proximity to the subject application. Council Meeting Minutes -17- Apri13, 2006 Resolutioin #C-164-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-030-06 be received; THAT the Draft Plan of Condominium application, submitted by Port of Newcastle Reserve Ltd. be approved and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-030-06; THAT a copy of Report PSD-030-06 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-030-06 and any delegations be advised of Council's decision. CARRIED REPORTS Report #2 -Report COD-013-06 - Tender CL2006-7 -Bowmanville Community Park, Scoreboard Construction Resolution #C-165-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report COD-013-06 be received; THAT A-Con Construction Limited, Woodbridge, Ontario with a total bid in the amount of $109,445.87 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-7, be awarded the contract for the Bowmanville Community Park, Scoreboard Construction; THAT the total funds required in the amount of $145,000.00 ($109,445.87 tender, plus contingencies & consulting) be drawn from 2006 Capital Budget Account #110-32- 325-83252-7401; and THAT the By-law attached to Report COD-013-06 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED Report #3, Confidential Report PSD-033-06 -Property Matter was withdrawn from the agenda. Council Meeting Minutes -18- April 3, 2006 UNFINISHED BUSINESS Resolution #C-166-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Orange Lodge be thanked for the presentation of the portrait of Queen Elizabeth II. "CARRIED" Resolution #C-167-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Rules of Procedure be suspended to allow for the introduction of a motion to reconsider a previous action of Council. CARRIED Resolution #C-168-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the actions taken by Council at the meeting held on March 20, 2006 pertaining to a drainage issue in Solina be reconsidered at this time. CARRIED Resolution #C-169-06 Moved by Councillor Schell, seconded by Councillor Foster THAT the Order of the Municipal Law Enforcement Officer with respect to a drainage concern in Solina be upheld, with a compliance date of August 31, 2006; and THAT Mr. John Jaworski and Mrs. Deanna McDuff be advised of Council's decision. "CARRIED" Council Meeting Minutes -19- April 3, 2006 Resolution #C-170-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the delegation of Alan Vaillancourt with respect to the design of Highway #2 at Solina Road be referred to the Durham Regional Works Committee; and THAT Alan Vaillancourt be advised of Council's decision. "CARRIED" OTHER BUSINESS Committee Appointments Resolution #C-171-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT R. Brian Reid be appointed to the Samuel Wilmot Nature Area Management Advisory Committee; THAT James Franklin Rook be appointed to the Local Architectural Advisory Committee; and THAT the appropriate by-laws be presented to Council. "CARRIED" Resolution #C-172-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to consider Correspondence Item D -12 regarding a property matter. "CARRIED" Resolution #C-173-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Council Meeting Minutes -20- April 3, 2006 BY-LAWS Resolution #C-174-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-066 to 2006-076, inclusive and that the said by-laws be now read a first and second time: 2006-066 Being a by-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington 2006-067 Being a by-law to amend By-law 2005-1.45, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors 2006-068 Being a by-law to amend By-law 2004-019, a by-law to appoint Members to the Municipal Heritage Committee (formerly Local Architectural Conservation Advisory Committee) for the Municipality of Clarington 2006-069 Being a by-law to -amend By-law 2004-014, a by-law to appoint Members to the Clarington Traffic Management Advisory Committee for the Municipality of Clarington 2006-070 Being a by-law to amend By-law 2004-024, a by-law to appoint Members to the Samuel Wilmot Nature Area Management Advisory Committee for the Municipality of Clarington 2006-071 Being a by-law to amend By-law 2004-026, a by-law to appoint Members to the Clarington Highway 407 Community Advisory Committee for the Municipality of Clarington 2006-072 Being a by-law to amend By-law 2004-025, being a by-law to appoint Members to the Clarington Library Board 2006-073 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and A-Con Construction Limited, Woodbridge, Ontario to enter into agreement for the Bowmanville Community Park, Scoreboard Construction 2006-74 Being a by-law to approve the expropriation of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto on behalf of the Council Meeting Minutes -21- April 3, 2006 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 2006-075 Being a by-law to expropriate 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto for the purposes of a district park pursuant to the Municipal Act, 2001, S.O. 2001 2006-076 Being a by-law to authorize the Mayor and Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington; in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto in accordance with Section 9 of the Expropriations Act "CARRIED" Resolution #C-175-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-066 to 2006-076, inclusive be approved. "CARRIED" Councillor Pingle stated a pecuniary interest earlier in the meeting, and refrained from voting on the confirming by-law. Council Meeting Minutes -22- April 3, 2006 CONFIRMING BY-LAW Resolution #C-176-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-077 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 3ro day of April, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-178-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-077 be approved. "CARRIED° ADJOURNMENT Resolution #C-179-06 Moved by Councillor Foster, seconded by Councillor Schell THAT the meeting adjourn at 8:13 p.m. MAYOR "CARRIED" MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE APRIL 18, 2006 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting held on March 21, 2006. (Copy attached) I - 2 Minutes of the Central Lake Ontario Conservation Authority Meeting held on March 21, 2006. (Copy attached) I - 3 Minutes of the Clarington Highway 407 Community Advisory Committee Meeting held on April 4, 2006. (Copy attached) I - 4 Minutes of the 2006 Annual General Meeting of the Tyrone Community Centre. (Copy attached) I - 5 Durham Region Planning. Department forwarding a copy of the 2005 Annual Building Permit Activity Review. I - 6 The Honourable Jim Flahery, Minister of Finance advising that the Harper Government has been elected to initiate positive change for Canadians and they intend to start by focusing on five specific priorities, as follows: • Cleaning up government, by passing the Federal Accountability Act; • Reducing the tax burden on Canadians, starting with, a one percent cut to the GST; • Making our streets and communities safer by cracking down on crime and introducing mandatory minimum sentences; • Supporting families by providing a $1,200 per year Choice in Child Care Allowance for each child under six; • And working with the provinces to improve health care by establishing a Patient Wait Times Guarantee Over the coming weeks and months, he hopes to work closely with our office to transform these priorities into reality. Assisting him in this endeavour will be Susan McGovern, who has assumed the role of Director of Regional Affairs in his Toronto office. I - 7 Isabel Grace, Superintendent of Business and Finance, Peterborough Victoria Northumberland and Clarington Catholic District School Board advising of the following trustee determination and distribution of the School Board: Peterborough County 1 Trustee Peterborough City 2 Trustees Victoria County 1 Trustee Northumberland County 1 Trustee Municipality of Clarington 2 Trustees Summary of Correspondence - 2 - April 18, 2006 I - 8 Jeanette Barrett, Dean, School of Career Development and Continuing Education advising of Job Connect, a Provincial Youth Employment program funded by the Government of Ontario. The program assists unemployed youth who are out of school, work or training and provides them with a wealth of employment resources to better prepare them for the world of employment. Job Connect has been in operation for over 9 years and in Durham Region has annually assisted thousands of unemployed youth with employment opportunities, apprenticeship, workshops and for some, counseling to return to school in an effort to meet their long term goals of employment. As per the provincial initiatives under the Ministry of Training Colleges and Universities, this program will be expanding to incorporate and reflect the provincial plan of One Stop. As a result of this direction, Durham College is responsible for the Clarington area effective April 1, 2006. I - 9 Debbie Zimmerman, Chair, MPAC Board of Directors providing an update on the changes they are planning as part of the response to the Report of the Ombudsman of Ontario. The Board welcomed the Ombudsman's review when it began in October and have cooperated fully with -the Ombudsman's office prior to and during his review. They will continue to cooperate with the Ombudsman's office in the months ahead. In all, the Ombudsman made 22 recommendations. Of these: Since 2004, they have worked on and can implement 17 recommendations as soon as possible; Two recommendations are the responsibility of the provincial government and beyond their control; and Three have significant resource, technology and cost implications and require further review before they can be implemented. They are now conducting this review. Their detailed response to each of the 22 recommendations is posted on their web site at www.mpac.ca. I - 10 Debbie Zimmerman, Chair, MPAC Board of Directors, advising that in past election years, municipalities have voiced their concerns about the number of deceased persons on the Preliminary List of Electors (PLE) and the under-reporting of population in the July 31 Ontario Population Report. MPAC also receives complaints from property owners when the names of their deceased spouses appear on annual Property Assessment Notices. This situation is a direct result of losing access to birth and death information from Vital Statistics due to the introduction of the Municipal Freedom of Information and Protection of Privacy Acf over ten years ago. Since the PLE is a "point-in-time" extract of MPAC's database and is produced almost four months prior to election day, the information of this list rapidly becomes outdated as election day approaches. For this reason, MPAC developed the Supplementary List of Electors, first as a pilot program in 2000 and then as a set of fully featured products available to all municipalities in 2003. MPAC encourages all municipalities to use the Supplementary List of Electors as an important tool to ensure an accurate voters' list on election day (when elector eligibility is determined). Summary of Correspondence - 3 - April 18, 2006 I - 11 Joan Kellett, Director, Durham Celtic Fiddle Orchestra thanking Council for the grant in the amount of $250. The funds will assist them in meeting their expenses. I - 12 Kaye Quinney, Treasurer, Clarington East Economic Support thanking Council for the grant in the amount of $1,500. The grant will assist them in helping to meet some of the needs of those in our communities who are hurting at this present time. I - 13 Fred Archibald, President, Archibald Orchards and Estate Winery advising of the 7th Annual Fruit Wine & Food Festival scheduled to be held on May 27, 12:00 noon to 5:00 p.m. I - 14 Pat M. Madill, Regional Clerk, Regional Municipality of Durham advising that Paul Foster and Warren Nicholishen have been appointed as Area Weed Inspectors under the Weed Control Act for the Regional Municipality of Durham. I - 15 John R. O'Toole, MPP, Durham writing to the Minister of Education regarding students from a local high school smoking on private property. He has no doubt that this problem exists in many Ontario communities because students who are not allowed to smoke on school property congregate near the school. The problem is mainly high school students assembling to smoke in a walkway adjoining the school property and the neighbourhood. The cigarette butts and litter are an additional problem, as well as the second-hand smoke that reaches nearby homes. Drug transactions and smoking of drugs have also been witnessed, with very .young elementary students walking home and being exposed to this behaviour. He is confident that between the Municipality and the School Board we can accommodate a solution. The suggestion has been made to find a suitable "designated smoking space" the students could use. I - 16 P.M. Madill, Regional Clerk forwarding the Durham Agricultural Advisory Committee 2005 Annual Report and 2006 Workplan. I - 17 P.M. Madill, Regional Clerk forwarding the Durham Environmental Advisory Committee 2005 Annual Report and 2006 Workplan. I - 18 Gloria Kovach, President, Federation of Canadian Municipalities advising that Parliament has resumed and now is the time for municipal advocates to make their voices heard. To support their efforts, they have produced an advocacy kit and posted it on the FCM website at www.fcm.ca. Here we will find background materials, talking points and information on key Parliamentary contacts that can be used to communicate with our Members of Parliament. Summary of Correspondence - 4 - April 18, 2006 I -19 Enza Cancilla advising that Hydro One is in the process of upgrading its distribution system in the Municipality of Clarington. The project involves replacing insulators on both the high and low voltage lines serving customers from the Park Road Distribution Station. This work is expected to be completed by mid-April and will significantly improve reliability, including supply to Veridian Connections Inc. in Bowmanville. I - 20 Rhonda Barkley, Liaison, Ontario Family Fishing Weekend Steering Committee, advising that the Province of Ontario has declared the weekend of Friday, July 7 through Sunday, July 9, .2006 as a licence-free fishing weekend. CORRESPONDENCE FOR DIRECTION D - 1 Jack Higgins, Sponsorship Committee Chairman, 172 Squadron Royal Canadian- Air Cadets request Council's approval to hold tag days on April 28, 29 and 30 at various high traffic locations throughout the municipality. (Motion to approve tag days for Apri128, 29 and 30, 2006) D - 2 N. Monaghan, Ontario Federation of Anglers and Hunters requesting Council to revisit the issue of Sunday hunting in the Municipality. (Motion to advise of actions taken with respect to this matter on April 3, 2006) D - 3 Brydon CS Eady, a third year International Relations and Development student at the University of Windsor Ontario writing about any possible funding regarding the inaugural International Co-Op for the, University of Windsor. He and five others from the school will be traveling to Ecuador from May 5 until August 15, 2006. They will all spend one week training in Quito and then spend the next three months living with an Ecuadorian family. He could be working with local businesses, in a doctor's office, teaching young girls, teaching English or working on a farm. (Motion to advise of Municipal Grant Policy) D - 4 Paul Rowan, Parade Co-ordinator, Tyrone Spirit Day Committee requesting permission to hold a parade on June 10, 2006. The parade will commence at 10:00 a.m. and will conclude by 11:00 a.m. (Motion to approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Summary of Correspondence - 5 - April 18, 2006 D - 5 Play Works forwarding information pertaining to the Youth Friendly Community Recognition Program 2006. They are searching for communities in Ontario that are youth friendly, ie, a community that actively supports and provides opportunities for the growth and development of youth (ages 13-19) through playa (Motion to refer correspondence to the Director of Community Services) D - 6 Cathy McNeill writing regarding the need fora double base liner at the Port Granby site. She questions why, if a double line is recommended for the Port Hope facility, one isn't being recommended for the Port Granby site. We may not have housing as close to the site as Port Hope, but Port Granby creek will be in close proximity to the new waste site and this should be reason enough for a second liner. If we are seriously concerned about the health of our residents and want them to have confidence in the safety of the facility, she recommends that a waste site that is equal to the Port Hope site in safety be provided. (Motion to refer correspondence to the Director of Planning Services) D - 7 Steven Finlay, Executive Director, Community Living Oshawa/Clarington requesting the proclamation of the month of May as "Community Living" month. The Association has been iri the Oshawa/Clarington community for over 50 years. Initiated by a small support group of parents, the agency has grown into an accredited agency supporting over 400 children and adults and their families. (Motion to Proclaim). D - 8 Jim Bradley, Minister Responsible for Seniors requesting proclamation of June as Senior's Month and June 15 as World Elder Abuse Awareness Day in the Municipality of Clarington. This year's Seniors' Month theme is Active Living: Healthy Living. (Motion to Proclaim) D - 9 Laurie Davis forwarding her resignation from the Animal Advisory Committee. She has been on the Committee since its formation and feels that the Committee has achieved many accomplishments over the years. (Motion to thank Ms. Davis for her dedication to the Committee and to refer correspondence to the Municipal Clerk) D - 10 Sally Barrie, Administrator, Community Care Durham-Clarington requesting proclamation of Community Care Tag Days on June 1, 2 and 3, 2006. This annual event plays a key role in the fundraising efforts to assist local Community Care programs. (Motion to approve tag days for June 1, 2 and 3, 2006) Summary of Correspondence - 6 - April 18, 2006 D - 11 Blake and Trina Inkster, Arlene Inkster submitting their formal protest against the development of woodland property in the are of Old Varcoe Road and Varcoe Road, specifically on the planned development in Lots 31, 32, 33 and 34. Their protest of the destruction of the woodland has three elements: 1. The development will negatively affect the natural beauty and aesthetics of the Varcoe and Old Varcoe Road area. 2. Development of Lots 31, 32, 33 and 34 will pose a traffic hazard. 3. This development will negatively impact their property value. (Motion to refer correspondence to the Director of Planning Services) D - 12 Chris West, President, Downtown Pontiac-Buick-GMC, St. Marys advising that with the loss of the auto pact and the importance of the auto industry, it is essential an automotive strategy be developed immediately. The jobs of one .auto worker and three parts workers generate about $40,000 to the provincial and federal governments in income taxes. These taxes fund health, education and social programs. These same workers spend about $120,000 in their local economies with a further $18,000 going to federal and provincial sales taxes. This leads to more business taxes from merchants. For every Canadian GM, Ford or Chrysler auto worker, that's $58,000 generated to pay for education, health care, retirement and other social programs. More than 50 percent of Canadians are choosing GM, Ford or Chrysler as against those of 23 other import manufacturers. All three of these trustworthy North American companies build great products and are achieving outstanding recognition. With this in mind, it is a must that we re-develop an automotive strategy today. Mr. West encloses an acceptable strategy, consisting of 13 recommendations. (Motion for Direction) D - 13 Connie Vail, Public Health Nurse, Durham Region Health Department writing regarding ATV safety and illegal use of ATVs on roads and private property and requesting that Council adopt the following resolution which has recently been passed by Durham Region Council: "WHEREAS the current Off-Road Vehicle Acf states that no owner of an off-road vehicle shall permit a child under the age of 12 years to drive such a vehicle except when the child is driving the vehicle on land occupied by the vehicle owner or under the close supervision of an adult; and WHEREAS retail sales of off-road orall-terrain vehicles (ATVs) in Ontario have increased dramatically from 5,704 in 197 to 21,188 in 2004; and WHEREAS ATV-related injuries are the only type of injury on the rise while other types of injuries are decreasing; and Summary of Correspondence - 7 - April 18, 2006 WHEREAS children less than 16 years of age account for almost one-third of ATV injury-related hospital emergency visits; 30% or more of ATV injury hospitalizations and almost half of all ATV-related deaths; and WHEREAS ATVs range in size from 50cc to 700cc engines and weigh up to 274 kg (600 Ib.) with speed capabilities as fast as 75 mph; and WHEREAS ATV steering is complex and according to the Canadian Pediatric Society (CPS), children and young adolescents lack the knowledge, physical size and strength, and cognitive and motor skills to operate ATVs safely; and WHEREAS the CPS has developed a set of evidence-based recommendations aimed to improve ATV safety for children; and WHEREAS the Government of New Brunswick, for example, struck a multi-stakeholder ATV task force that developed a set of comprehensive recommendations in the following areas: public safety; environmental protection; enforcement; legislation; trail networking; education and funding; NOW THEREFORE BE IT RESOLVED that the Government of Ontario is urged to strike amulti-stakeholder ATV Task Group to develop a comprehensive, evidence-based approach including amendments to the Off-Road Vehicles Acf, to promote ATV safety and prevent ATV injuries, particularly in children; and BE IT FURTHER RESOLVED that the Premier of Ontario, Ministers of Children and Youth Service, Health and Long-Term Care, Health Promotion and Transportation, alpha, OPHA and all Ontario Boards of Health are so advised." (Motion for Direction) D - 14 Linda Gasser, writing with respect to the 407 Project Team's Public Information Centres (PICs). The PICs will kick off in Bowmanville on May 30, 2006 at the Garnet Rickard Recreation Complex. The project Team has stated that they intend to conduct the PICs as "drop-in" centres, with project display material and staff available to answer any questions. Drop-in formats place the onus on individuals to inform themselves and may be useful for less complex projects, however, the sheer volume and complexity of the material/issues relating to the 407 EA study to date is overwhelming and the history of the project is rather convoluted. She urges Council to request the Project Team to reconsider their decision about the PIC format and to include a structured presentation with a subsequent Q&A Session in addition to the basic drop-in option, beginning with this round of PICs. She also urges Council to request the Project Team to present an "EA update" to Council before May 30, including issues that would be covered in material available at the first round of PICs. A letter requesting the same has also been forwarded to Doug Allingham, 407 East Consultant Project Manager. (Motion for Direction) Summary of Correspondence - 8 - April 18, 2006 D - 15 Chris Somerville, Township Clerk, Township of King advising that their Council passed the following resolution: "WHEREAS the Council of the Corporation of the Township of King has received numerous complaints regarding recent changes in the delivery of mail in the rural communities; and Local Canada Post offices have replaced many traditional rural mailboxes located at the end of rural lanes in favour of community mailboxes throughout the Township of King; and In most instances, these changes have been undertaken without any advance notice, with mail delivery simply being stopped until the community mailboxes can be installed; and No arrangements had been made for the interim delivery of mail resulting in many residents and business people being greatly inconvenienced during the transition period and forced to go looking for their mail at the local post office, which in some cases is a long distance away; and Local Post Office staff advised that the reasons for these changes is due in part to mailboxes that are located by the roadsides presenting unsafe delivery conditions, and a recent change in the status of rural mail carriers from contractor to employee has resulted in Canada Post making efforts to improve working conditions for the carriers; and Canada Post carriers have been delivering mail to the existing rural mailboxes for decades, providing one of the few visible and very essential services these residents and business people receive; NOW THEREFORE, IT IS RESOLVED THAT: 1. Canada Post be advised that residents and businesses of the rural areas in the Township of King prefer to retain their existing individual mailboxes which continue to play an important role in providing an affordable postal service of the highest quality. 2. In the event of unavoidable future mailbox changes, Canada Post ensure that all affected residents receive advance notice of what is planned, with information on how the mail delivery will be handled during the transition period, where the new community mailboxes will be located and when they will be available for use. 3. Council of the Corporation of the Township of King requests that Canada Post review the standards for rural mailbox locations and establish realistic requirements. 4. Canada Post provide rural mail carriers with a flashing light and signage for their vehicles for increased visibility and safety. Summary of Correspondence - 9 - April 18, 2006 5. The Canada Post website indicates it is Canada Post's goal "to be a world leader providing innovative physical and electronic delivery solutions, creating value for our customers, employees and all Canadians" - it is also important that its traditional values of dependability and service not be ignored. 6. This resolution be forwarded to Peter Van Loan MP York-Simcoe, Lui Temelkovski MP Markham-Oak Ridges-King, Julia Munroe MPP York- North, Greg Sorbara MPP Vaughan-King-Aurora, Canada Post, the Township Post Offices and to the Association of Municipalities of Ontario to be circulated to all the municipalities in Ontario for support." (Motion for Direction) I - 1 'O~AFRO~ Sri ~.:12~10 Draft minutes -Not vet approved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY MARCH 21, 2006 AT 7:00 P.M. Present: Allan Hewitt, Chair (Voting) Jim Cleland Greg Wells Arthur Burrows Joe McKenna Also Present: Peter Windolf, Staff (Non-Voting) Dianne Graham, Secretary Regrets: Karin Murphy David Best Absent: ~ Cathrine McKeever 1. Introduction Warren May, GRCA Leanne Sobol Councillor Don MacArthur Warren May from the Ministry of Natural Resources was introduced to the members of the Committee. Warren May and Peter Waring will be the representatives for the MNR. Both will be distributed the minutes and meeting notices. Allan welcomed him to the Committee. 2. Agenda Additions ~i:.~~" '~`_l~ Other Business -Capital Budget for SWNA 2006 ~ `'`~`~ `~` -` """""'~""'~""~ ~ ACK. ~i Acceptance of Agenda ~ OfC~ wtAlw _ MOVED by Arthur Burrows, seconded by Joe McKeever l~~ f0: THAT the agenda for be accepted. CARRIED 3. Minutes of February 14, 2006 Corrections There were no corrections to the minutes. +~i~ r• Approval of Minutes MOVED by Joe McKeever, seconded by Jim Cleland THAT the minutes of February 14, 2006 be approved. CARRIED 4. Issues arising from the Minutes There were no issues arising from the minutes 5. Updates Shelter Construction, Viewing Machine and Benches The shelter has been prefabricated in Kraco's shop and will be ready to install as soon as weather permits. In any case it will be finalized the week of April 17. The viewing machine. will be delivered one week prior to Earth Day. It will be fastened to the concrete base by the Operations Department. The two benches under .the shelter will also be installed the week of April 17 by the bench manufacturer. DEAC Nomination Letter attached to agenda from Durham Environmental Advisory Committee advising of their awazds ceremony on April 20 for 2006 Environmental Achievement Awazds. The SWNA .Committee has been nominated in the Communication and Education Category. Cathrine and Joe attended last yeaz. Joe has confirmed he will also attend this yeaz. If any other members wish to attend they should contact Dianne or Peter by April 5 so that the Region can be notified. This is the third year the SWNA has been nominated for an award. Bride Repair - MNR Response The SWNA committee identified the bridge erosion problem as a priority for repair several years ago. MNR has also been aware of it through Tom Rance their original representative on the committee. Recent photos of the bridge abutment erosion were sent to Peter Warring at MNR to illustrate the extent of the problem. His response was attached to the agenda and was explained by Warren May. Warren will continue to make the urgency of this project known to MNR staff as we aze hopeful that they will contribute towazds the costs of the erosion repair. Warren May will be in the azea on Thursday March 30 and may look at the site then. Kaitlin Pond- Water Discharge to wetland Although there isn't any water being pumped at this time, there is evidence that water was being dischazged into the wetland from the pond. The developer has been informed that this cannot continue and that they should repair the damage to the woodchip trail. Arthur will notify Peter if he sees it happen again. 6. Earth Day The location of this yeaz's event was discussed at length. It was decided that the Cobbledick Road side would be best this year. Most of our Capital construction work has been done on this side including the shelter, viewing machine, and the Newcastle Memorial Forest. The Lion's Club is arranging their own grand opening of the Memorial Forest so we will ask the Mayor to cut the ribbon on the shelter as part of this yeaz's event. This year's theme will be fish and fisheries biology. Two speakers have been confirmed. GRCA Presentation -Mark Dejardin Mazk Desjardin from GRCA will speak about the fish currently in the creek and in the wetland. Greg Wells spoke to Mark and he will go out one week before to see if there are any interactive opportunities at the creek or wetland edge. The committee generally agreed that it would be beneficial to have some live fish in a lazge container for kids to see up close. David Best has volunteered to try to catch fish on the morning of the event. The logistics of a live display will be investigated further. Newcastle & District Historical Society -Leslie Wilson Leslie Wilson from the Newcastle and District Historical Society will also speak on Earth Day. Her talk will focus on and Samuel Wilmot as the pioneer of artificial breeding of Salmon and the history of the original Wilmot Fish Hatchery. Tree Planting in Lake Meadow & Clean-U,.p Other events will include a litter pick-up and a tree planting in the Lake Meadow. Greg will arrange to have approximately 50 small trees available for planting. Members should bring shovels for planting. Peter will arrange to have bags available for the clean-up. Dianne will prepare a sign up sheet for the event for anyone interested in being added to our distribution list. Because of the Newcastle Memorial forest project Terry Graham from the Newcastle Lions Club should be added to our distribution list 7. Newsletter The winter newsletter has been mailed out. The location of this year's Earth Day event has since been changed to the Cobbledick Road side. The invitations for Earth Day will be mailed out two weeks prior to the event with the proper location prominently displayed. Arthur will also distribute additional newsletters at the Wilmot Creek community. The location will be changed on the newsletter to avoid any confusion. In case anyone shows up at the Toronto Street side on Earth Day either a sign or volunteer will direct them to the Cobbledick side. In the past Lee Ann has also distributed the newsletter into the Port of Newcastle subdivision. Arthur and Leanne will be called when the revised newsletter is available for distribution. 8. Other Business Arthur advised the committee that there are deer to be seen early in the morning on the east side of Cobbledick Road north of the 401, also on the west side of Cobbledick Road the first big tree there is an owl which can be seen around noon. Jim asked that we distribute our 2006 Capital program to the committee at the next meeting. He also asked for a breakdown of 2005 spending. The Finance Department will be asked to prepare a breakdown of commitments against the. Capital account for the project. Jim also said that there were several bags of garbage dumped on the Toronto Street side. It is not clear if .they are on Municipal or private property. F they are on municipal property Operations will be asked to pick them up. Adjournment: 8:30 P.M. Next Meeting: Tuesday April 11, 2006 7:00 p.m. Meeting Room lA Notes prepared by D. Graham CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY I - 2 :c MINUTES N O. 3 }46MAR30 PM 3:46~~4 AUTHORITY MEETING Tuesday. March 21.2006 - 5:00 P M MEETING LOCATION: 100 WHITING AVENUE, OSHAWA AUTHORTTY'S ADMII~TISTRATIVE OFFICE, BOARDROOM PRESENT: J. Schell, Chair P. Perkins, Vice Chair C. Clarke S. Crawford J. Drumm G. Emm J. Gray J. Kolodzie J. Neal M. Pearce P. Pingle J.R. Powell, Chief Administrative Officer D. White, Director, Corporate Services B. Fox, Acting Duector, Natural Heritage R. Hersey, Director, Development Review and Regulation D. Hope, Planner/Enforcement Officer P. Sisson, Director, Engineering and Field Operations K.L. Tate, Administrative Assistant/Recording Secretary EXCUSED: M. Brenner M. Hrynyk, General Superintendent t.^ .X ~~•.i~ J. Schell called the meeting to order at 5 p.m. ;> ~ :_.,/%~~.:.~..~:...Y~.. DECLARATIONS of interest by members on any matters herein contained -NONE ADOPTION OF MINUTES Res. #40 Moved by G. Emm Seconded by P. Pingle THAT the Authority minutes of February l4, 2006 be adopted as circulated. CARRIED CORRESPONDENCE (1) Letter of appreciation from Ducks Unlimited Canada/Ron Maher Res. #41 Moved by G. Emm Seconded by S. Crawford h:.. _. . ;~~- THAT the above correspondence item (attached as Schedule 3-1 of Mar. 2l/06) be received for information. CARRIED J. Schell showed the members the framed print, number 3163/4500 by artist Robert Bateman entitled, "On The Pond -Wood Ducks" presented to Central Lake Ontario Conservation Authority by Ducks Unlimited Canada inappreciation for use of the Authority office for staff meetings. AUTHORITY MINUTES N0.3 -MARCH 21, 2006 -PAGE 2 DIRECTOR, DEVELOPMENT REVIEW AND REGULATION (1) Staff Report #4580-06 (attached as Schedule 4-1 & 4-2 of Mar. 21/06) Re: Applications for Construction, to Place Fill and to Alter a Watercourse February 1 to 28, 2006 Res. #42 Moved by P. Perkins Seconded by P. Pingle THAT the attached applications be approved and the respective permits be issued. CARRIED (2) Staff Report #4586-06 Minister of Natural Resources Approval of CLOCA Regulation for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses -Ontario Regulation 42/06 Res. #43 Moved by M. Pearce Seconded by S. Crawford THAT Staff Report #4586-06 (attached as Schedule 4-3 to 4-9 of Mar. 2l/06) be received for information; and THAT Ontario Regulation 42/06 be recognized as the Central Lake Ontario Conservation Authority's Regulation for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses. CARRIED (3) Staff Report #4587-06 (attached as Schedule 4-10 of Mar. 21/06) Appointment of Officers to Enforce Ontario Regulation 42/06 Regulation for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Res. #44 Moved by J. Drumm Seconded by J. Kolodzie THAT P. Sisson, R. Hersey, D. Hope, W. Coulter, T. Aikins and L Backus be appointed enforcement officers under Ontario Regulation 42/06, Regulation for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. THAT R Hersey, D. Hope and W. Coulter be designated Provincial Offences Officers for the purposes of enforcement of Ontario Regulation 42/06, Regulation for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses. CARRIED (4) Staff Report #4588-06 Ontario Regulation 42/06, Regulation for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Transitional Policies -Ontario Regulation 145/90 and Ontario Regulation 42/06 Res. #45 Moved by J. Gray Seconded by S. Crawford THAT Staff Report #4588-06 (attached as Schedule 4-ll &4-12 of Mar. 2l/06) be received for information; arid, THAT the outlined Transitional Policies between Ontario Regulation 145/90 (Fill, Construction and Alteration to Waterways) and Ontario Regulation 42/06 (Development, Interference with Wetlands and Alterations to Shorelines artd Watercourses) be adopted. CARRIED s AUTHORITY MINUTES N0.3 -MARCH 21, 2006 -PAGE 3 (5) Staff Report #4590-06 Proposed Revised Permit Fees and Mapping Fees Ontario Regulation 42/06, Regulation for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses Res. #46 Moved by S. Crawford Seconded by P. Pingle THAT Staff Report #4590.06 (attached as Schedule 4-13 to 4-I6 of Mar. 21/06) be received for information; and THAT the Proposed 2006 Fees for Applications under Ontario Regulation 42/06 and the Proposed Ontario Regulation 42/06 Mapping Fees be approved. CARRIED C. Clazke arrived at 5:06 p.m. (6) Staff Report #4589-06 (attached as Schedule 4-17 to 4-22 of Mar. 21/06) File W06-038-G,F,H,A (formerly WOS-274-A) Applicant (Owner): Bro-Ham Properties Inc. Application: for development and alteration to a waterway Location: Part Lot 20, Concession 5, Town of Whitby South east comer of Winchester and Thickson Roads Res. #47 Moved by J. Drumm Seconded by P. Pingle THAT application W06-038-G,F,H,A for development and alteration to a waterway be approved and that a permit be issued subject to the following conditions: 1. The project shall be carried out as per the plans and reports submitted in support of the application as they may be amended by conditions of this permit (see Attachement I). 2. In-stream works shall be carried out between the period of July I'~ and September ISa'. 3. Prior to the initiation of any filling, grading or channel works, sedimentation controls shall be erected around the site to prevent sediment from washing into adjacent ditches, streams or watercourses, or onto adjacent private lands. These controls shall be maintained in good working order and to the satisfaction of Conservation Authority staff until all disturbed areas are stabilized. 4. The existing channel shall be maintained for the continued conveyance of flows until the new channel is complete and stabilized. The applicant shall ensure that at all times flows entering the site from upstream can be conveyed in an appropriate manner. S. The applicant shall provide verification from an Ontario Land Surveyor or other certified professional that the cut and fill has been completed as per the approved plans. 6. AU disturbed areas shall be seeded, sodded, or stabilized in some other manner acceptable to the Authority as soon as possible and prior to the expiry of this permit CARRIED DIRECTOR -GROUNDWATER RESOURCES (1) Staff Report #45 84-06 Municipal SPP Grant Studies Funding Approval: CLOCA Res. #48 Moved by J. Kolodzie Seconded by C. Clazke THAT Staff Report #4584.06 (attached as Schedule S-1 of Mar. 2l/06) be received for i~}formation, that the staff be authorized to enter into agreement with the province and to proceed with the single sourced project. CARRIED AUTHORITY MINUTES N0.3 -MARCH 21, 2006 -PAGE 4 DIRECTOR -CORPORATE SERVICES (1) Staff Report #4585-06 Working in Partnership for Healthy Watersheds 2006-2010 (previously circulated to members and stafj~ Res. #49 Moved by P. Perkins Seconded by J. Neal THAT Staff Report #4585-06 (attached as Schedule 6-1 of Mar. 21/06) be received for information. CARRIED DIRECTOR -ENGINEERING AND FIELD OPERATIONS (1) Staff Report #4581-06 Public Reaction to the Generic Regulation for Conservation Authorities Res. #50 Moved by J. Gray Seconded by S. Crawford THAT Staff Report #4581-06 (attached as Schedule 7-l to 7-13 of Mar. 2l/06) be received for information. CARRIED (2) Staff Report #4583-06 Victoria Street (Regional Road 22) Improvements, and Lynde Shores Conservation Area Res. #51 Moved by G. Emm Seconded by P. Perkins THAT Staff Report #4583-06 (attached as Schedule 7-14 to 7-19 of Mar. 21/06) be received for information. CARRIED ACTING DIRECTOR -NATURAL HERITAGE (1) Staff Report #4582-06 Fisheries Management Plan (FMP) -Results of Public Open Houses Res. #52 Moved by M. Pearce Seconded by P. Pingle THAT Staff Report #4582-06 (attached as Schedule 8-1 of Mar. 21/06) be received for information. CARRIED CHIEF ADMIl~TISTRATIVE OFFICER (1) Staff Report #4579-06 Sunday Gun Hunting Res. #53 Moved by P. Pingle Seconded by S. Crawford THAT Staff Report #4579-06 (attached as Schedule 9-I to 9-7 of Mar. 21/06) be received for information. CARRIED AUTHORITY MINUTES N0.3 -MARCH 21, 2006 -PAGE 5 DIRECTOR, DEVELOPMENT REVIEW AND REGULATION (7) Staff Report #4591-06 (attached as Schedule H-1 to H-4 of Mar. 21/06) File W06-033-G,F,B,H Applicant (Owner): 1589380 Ontario Limited Application: for development Location: Part Lot 22, Concession 1, Town of Whitby North east comer of Consumers Drive and Sunray Court Res. #54 Moved by G. Emm Seconded by J. Kolodzie THAT application W06-033-G,F,B,H to permit the development of a new Mazda dealership and future development block be approved in principle subject to the following conditions: 1. That prior to the issuance of a permit, the applicant shall submit plans to staff s satisfaction in order to flood proof the development including parking areas. 2. That prior to the issuance of a permit the applicant shall provide a geotechnical report for the development area confirming the stability of the underlying soils/proposed fill to support the intended use. 3. That the Regulatory flood elevation for the site be determined as the flood elevation arising from modelling undertaken by Greck and Associates Limited on behalf of the Central Lake Ontario Conservation Authority. 4. That prior to the commencement of construction of any buildings or structures, the applicant shall confirm in writing that the building area has been filled above the regulatory jTood elevation. S. That prior to the commencement of filling or grading, the limits of the fill shall be staked in the field and a snow fence and silt fence erected at said limit. This limit shall be confirmed by Authority st~{ff prior to commencement of filling. b. That fill slopes created as a result of this application shall be seeded, sodded, or stabilized in some other manner acceptable to the Authority as soon as possible. 7. That the applicant shall provide for an update to the flood plain modelling to the satisfaction of the Central Lake Ontario Conservation Authority reflecting the proposed encroachment in the flood plain. CARRIED DIRECTOR, CORPORATE SERVICES (1) Staff Report #4585-06 UPDATE (circulated to members and staff`) J.R. Powell gave a verbal presentation/update with respect to Durham Region Conservation Authorities 2006 Capital Funding Requests. Res. #SS Moved by P. Pingle Seconded by S. Crawford THAT Staff Report #4585-06 UPDATE(attached as Schedule H-5 to H-12 of Mar. 21/Od) be received for information. CARRIED Res. #56 Moved by G. Emm Seconded by C. Clarke THAT the meeting convene "In Camera" to discuss property and personnel matters. CARRIED J. Drumm was excused at 5:40 p.m. Res. #57 Moved by P. Perkins Seconded by J. Neal THAT the meeting reconvene. CARRIED AUTHORITY MINUTES N0.3 -MARCH 21, 2006 -PAGE 6 MUNICIPAL AND OTHER BUSINESS Staff answered questions from members involving general flooding conditionslconcerns in CLOCA's area of jurisdiction as a result of last week's rainfall. J. Schell presented a Certificate of Appreciation dated February 2006 received by the Authority from The Corporation of the City of Oshawa in appreciation of the Authority's support of the 2006 Winter Lights Program. ADJOURNMENT Res. #58 Moved by G. Emm Seconded by J. Neai THAT the meeting adjourn. CARRIED The meeting adjourned at 5:55 p.m. • arm n Leading the Way I - 3 DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE CAC MEMBERS PRESENT: Chair -Bradford Soles Vice-Chair -Linda Gasser Councillor Jim Schell Fred Biesenthal Mark Canning Staff in Attendance: Sharon Norris -Recording Secretary Absent: Gerald Brown, Bill Harford, Ross Libbey, Leslie Benson -Engineering Services Janice Szwarz -Planning Services DATE: April 6, 2006 RE: HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE April 4, 2006 Meeting No. 25 Ron Hooper Karina Isert (LACAC) George Khouri Murray Paterson ~~~~~~ t~l.E ~(_,..,... 'Fn« i' ti_: _ _ t~~---_._.. ._.~,,,, .~.. Agenda Item Discussion Action Welcome Meeting. commenced 7:00 p.m. Welcome b Chair. ~•~~ Review of Minutes moved, seconded and approved as is. Draft Minutes New member Dave Duffey joins the Highway 407 CAC Dave is also a member of the Traffic Committee. He is a Drilling Engineer and was a trader on the floor at the stock exchange for 26 years. Now retired and presently running for Council. Introductions all around. Review of It was noted that we are receiving short notice to deal with Materials materials provided to the Committee. Provided Permission was given by TSH April 3`~ for release of the Transportation Assessment and Problem Definition Report. Linda provided a copy, which was subsequently copied and fonivarded by mail to all committee members. The preferred alternative is to solve a problem. We need to look at this document in conjunction with the Factors and Criteria sheets and the list of alternatives at the next meeting. It was agreed that this meeting would be used to look at the Proactive Involvement Plan and a draft letter prepared by Linda Gasser to Mayor and Council. However, the Proactive Involvement Plan was not distributed ahead of time -Sharon to • ~~ Leading the Way DRAFT MINUTES OF THE. CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE Agenda Item Discussion Action copy and mail to all members by end of the week -April 7 . Draft Letter Draft letter was read by all. Thought was that it contained all the Review necessary information but was a bit lengthy which may defer people from reading the entire document. It was suggested that the Project Team needs to decide ahead of time who will be attending workshops. At the February workshop there were no regulatory agencies in attendance. One Regional and one City of Oshawa participant were in attendance. Mark noted that the Project Team intends to advertise creatively to the public. In the past, PIC notices from 2003 and 2004 set out the top 5 issues in their advertisements. It was agreed that the draft letter include a line asking that the PIC notice list the key issues that the public should focus on at the meeting. PICs are scheduled for: May 30t" Garnet B. Rickard Complex May 31St Secorski Hall, Oshawa June 7t" Ajax (venue unknown) June 8~' Whitby (venue unknown) The Project Team has not committed to a "fixed° comment period. Now is the time to ask questions and decide if our concerns are addressed. Linda Gasser will re-draft letter with comments. We will request a "presentation° style versus adrop-in information centre again. We have done this in the past but the suggestion has always been declined. Presentations lend credibility to the Project Team and have proven helpful to our CAC. Letter will also ask if a preferred alternative will be identified at the first PIC. Council's request for workshop format would carry more weight and it should state their support of workshops if attended by agencies. The public invitees should be invited. Jim Schell advised that Council will probably request a presentation, but not at this point. They have no new recommendations and the mindset is that the 407 is desired. Linda noted that this a "corridor planning" exercise only - no im lmentation is bein discussed. ~~rr• l.~l~ Leading the Way DRAFT MINUTES OF THE CLARINGTON HWY. 407 COMMUNITY ADVISORY COMMITTEE Agenda Item Discussion Action Libby Racansky, meeting guest, advised that Ganaraska CA was not invited to the workshop and when she requested to invite them as her guest, the request was denied. CLOC were invited, but did not show u . Next Meeting Next meeting to be moved ahead one week to Tuesday, April 25~'. Sharon to mail notice to all members. This will allow committee members time to submit comments and have them reviewed in time to be included. I - 4 Tyrone Community Centre Memorandum To: Executive Board Members From: Mark Canning Cc: Pat Pingle Date: April 13, 2006 Subject: Minutes - 2006 AGM Tyrone Community Centre Attendees: Lynda Burnett Mark Canning Elsie Ferguson Fred Griffin Peter Knowlton Walter Loveridge Pat Pingle Kate Rowan Paul Rowan Shari Rowan Christie Stevens Sue Sutcliffe Kim Vaneyk Jack Wilson Patty Woodcock MINUTES FROM MARCH 23RD ANNUAL GENERAL MEETING Disolution of Current Board and appointment of new members Moved:Lynda Burnett Seconded: Shari Rowan CARRIED New Board Appointments: 1.Lynda Burnett-Chair 2.Mark Canning-Secretary 1.Moved: Patty Woodcock Seconded: Paul Rowan CARRIED 2.Moved: Lynda Burnett Seconded: Shari Rowan CARRIED Motion to Accept New Board Moved: Shari Rowan Seconded: Pat Pingle CARRIED Motion to approve minutes from the last meeting. Moved: Shari Rowan Seconded: Mark Canning CARRIED TREASURER'S REPORT Financial Information provided to the Municipality.Shari Rowan discussed/provided the Treasurer's Report -Shari will act as Treasurer for 2006 but position will be open for 2007. We are still receiving corporation filings from the Federal Government(Nancy Taylor looking into dissolving the corporation). NSF cheque for oil charge in February -need to look into this with the municipality and how to handle this more efficiently. Moved: Patty Woodcock Seconded: Shari Rowan BOOKING REPORT Kate Rowan explained that an upcoming booking for a wedding will require 200 chairs. Kate to confirm if 200 chairs needed. Need to investigate with Fred Horvath if chairs can be borrowed and/or purchase extra chairs? BAR REPORT Lynda to discuss with Ron Richards if he is interested in handling the beverage machine checking, .restocking again this year. John Scanlan following up on bar renovation work. YOUTH REPORT Nothing to report "Tyrone ... catch the Spirit!" 2716 Concession Rd. 7 www.tyroneontario.com Tyrone, ON, LiC 3K6 (905) 263-4330 Tyrone Community Centre SENIORS REPORT Seniors reported finding garbage left after an event. A Responsibility of Renter letter to be made up to be given to all people booking the, hall. CLEANING REPORT Floor resealing was completed by Fred Horvath(thank you!) Mark Canning has spoken to Fred in person and will send a letter to Fred and Pat Pingle apologizing for mixups in scheduling the work. It has been advised that "cold water only" be used for cleaning the new resealed floor, Vezna Wally is our new cleaner. Need to get contact information for Vezna and provide training. At a recent funeral event it was noted that the hall was not that clean. OLD BUSINESS 1. Fundraising Spirit Day ]une 10!! First planning/idea meeting April 12(Sue Sutcliffe).Spirit Day announced in Herald and the need for help. 2. TAA Issues Nothing to report 3. Program Grants $3000 annual grant from the municipality for running of the hall 4. Maintenance Municipality of Clarington Issues: ^ Exit lights are missing some of the covers in the bar ^ Lights is the parking lot do not fit the proposed landscaping plan is funding available. ^ Basketball net pole is bent over ^ Water softener installation -risk of damage to appliances if not installed ^ Removal of window cages -hall board responsibility ^ North Soccer Pitch Fence ^ Panic hardware on the front door -Municipality ^ Review regular garbage pickup at the hall -Municipality • Fan Installations • Extra Chairs for large bookings (Lynda to meet and discuss with Fred Horvath the above issues) 5. Leaflet Drops Invoice submitted for AGM leaflet drop to Tyrone area 6. Defibrillator Machine Lynda Burnett following up on status of application. Ride 911 and or Mikey for Spirit Day. Engraved stone for Mikey Network provided landscaping proceeds as planned) if we receive a Defibrillator. 7. Chairs Lynda Burnett discussing with Seniors Committee "Tyrone ... catch the Spirit!" 2716 Concession Rd. 7 www.tyroneontario.com Tyrone, ON, LiC 3K6 (905) 263-4330 Tyrone Communit Centre y 8. Landscape Plan Mark Canning to discuss with Gwen Woodcock about history of outside improvements and how it came about so it can be included in the Herald. Will include plan at Spirit Day. 9. Web Site 145 people came to website in the month of February NEW BUSINESS 1. Accessibility Issues -letter sent to Accessibility Advisory Committee at the Municipality to meet and review Tyrone Community Centre on Accessibility upgrading to current standards. Hall board will make some upgrades in the interim(signs, toilet seat lifts for wheelchair transfer). 2.Kate Rowan suggested a "Welcome Basket Program" for new residents of Tyrone. 3. Mark Canning suggested a `Tyrone Cleanup Day" for Tyrone area(roads, open spaces, creeks) in celebration of Earth Day. Hosted by the Community Centre. (UCW will be having one on May 6th for church and grounds) Motion to Adjourn Moved: Kate Rowan Seconded: Shari Rowan CARRIED Meeting was adjourned at 8:55pm "Tyrone ... catch the Spirit!" 2716 Concession Rd. 7 www.tyroneontario.com Tyrone, ON, L1C 3K6 (905) 263-4330 • Leading the Way REPORT #1 REPORT TO COUNCIL MEETING OF APRIL 18, 2006 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, APRIL 10, 2006 RECOMMENDATIONS: 1. FORTHWITH RECOMMENDATIONS (a) COD-012-06 -Joint Health and Safety Committee - 2006 Update -Terms of Reference and Continuous Improvement Plan (b) Development Charges By-law Amendment -Exemption for Construction of New Hotel Facilities 2. RECEIVE FOR INFORMATION (a) OPD-003-06 - Clarington Pitch-In Canada Events (b) CSD-007-06 - 2006 March Break Extravaganza 3. PROPOSED OFFICIAL PLAN AMENDMENT, REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 77 RESIDENTIAL UNITS APPLICANT: COURTICE WOODS INC. THAT report PSD-034-06 be received; THAT the application to amend the Official Plan submitted by Courtice Woods Inc. be referred back to staff for further processing; THAT the applications to amend the Zoning By-law and the proposed Draft Plan of Subdivision, submitted by Courtice Woods Inc. to permit the .development of 77 residential units be referred back for further processing and the preparation of a subsequent report; and THAT the applicant, Region of Durham, all interested parties listed Report PSD-034-06, and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Report #1 - 2 - April 18, 2006 4. PROPOSED PLAN OF SUBDIVISION FOR 26 RESIDENTIAL LOTS IN THE HAMLET OF ENNISKILLEN OWNER: STEVEN AND KAREN CARRUTHERS THAT Report PSD-035-06 be received; THAT the application for proposed Plan of Subdivision 18T-89012 submitted. by Steven and Karen Carruthers be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-035-06 and any delegations be advised of Council's decision. 5. REZONING TO PERMIT A GAS STATION, CAR WASH AND CONVENIENCE STORE APPLICANT: EASTMAN HOLDINGS LTD. THAT Report PSD-036-06 be received; THAT the rezoning application submitted by Thyagarajah Sivakumer on behalf of Eastman Holdings Ltd. be referred back to staff for the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-036-06 and any delegations be advised of Council's decision. 6. DRAFT PLAN OF SUBDIVISION TO PERMIT 122 SINGLE DETACHED DWELLINGS, 99 STREET TOWNHOUSES AND 98 APARTMENT UNITS IN THE CITY OF OSHAWA APPLICANT: RALNA PARENTCORP. INC./CAMEO SUBSIDIARY CORP. THAT report PSD-037-06 be received; THAT the City of Oshawa be advised that the Municipality of Clarington does not support the approval of the proposed Draft Plan of Subdivision (S-O-2005-04); THAT the City of Oshawa be requested to consult with the Municipality of Clarington to obtain conditions of draft approval in the event of consideration of approval of this application or an Ontario Municipal Board hearing; and THAT a copy of Report PSD-037-06 be forwarded to the City of Oshawa development Services Department and the Region of Durham Planning Department. Report #1 - 3 - April 18, 2006 7. AUTHORIZATION TO AMEND THE SUBDIVISION AGREEMENT FOR REGISTERED PLAN 40M-2225 OWNER: 2075568 ONTARIO INC. THAT Report PSD-038-06 be received; THAT the Mayor and Clerk be authorized by By-law, Attachment #2 to Report PSD-038-06, to execute an amending Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; and THAT the Region of Durham and all interested parties listed in Report PSD-038-06 and any delegations be advised of Council's decision. 8. CLARINGTON HERITAGE COMMITTEE (LACAC) GOVERNING BY-LAW AND TERMS OF REFERENCE THAT Report PSD-039-06 be received; THAT the Local Architectural Conservation Advisory Committee (LACAC) be renamed the Clarington Heritage Committee; THAT the governing by-law for the Clarington Heritage Committee attached to Report PSD-039-06 be adopted; THAT the Terms of Reference attached to Report PSD-039-06 be approved; and THAT the Clarington Heritage Committee (LACAC) be advised of Council's decision. 9. DURHAM REGIONAL OFFICIAL PLAN REVIEW -PROPOSED AMENDMENTS (PART 1) THAT Report PSD-040-06 be received; THAT Report PSD-040-06 be endorsed as the Municipality of Clarington's comments on the Proposed Amendments to the Region of Durham's Official Plan (Part 1); and THAT a copy of PSD-040-06 and Council's decision be forwarded to the Region of Durham and any delegation. Report #1 - 4 - April 18, 2006 10. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 30, 2006 THAT Report PSD-041-06 be received; THAT Council concurs with the decision of the Committee of Adjustment made on March 30, 2006 for applications A2006-0005, A2006-0006, and A2006-0008, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and THAT Council concurs with staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on March 30, 2006 for A2006-0007, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original recommendation. 11. INTERSECTION OF LONGWORTH AVENUE AND SCUGOG STREET, BOWMANVILLE THAT Report EGD-011-06 be received; and THAT the installation of traffic signals at the intersection of Longworth Avenue and Scugog Street be added to the 2006 Capital Budget with the estimated costs of $120,000 to be financed through the Roads and Related Development Charges Reserve Fund. 12. MOVE ONTARIO -SPECIAL ONE-TIME FUNDING OPPORTUNITY FROM THE PROVINCE OF ONTARIO FOR MUNICIPAL ROADS AND BRIDGES THAT Report EGD-020-06 be received by Council; THAT Council acknowledge the receipt of monies in the amount of $1,483,872.00 from the Province of Ontario as part of a "special" one-time funding opportunity under the Move Ontario program announced in March of this year; and THAT the Director of Engineering Services, having reviewed the top transportation infrastructure priorities for the Municipality of Clarington, be directed by Council to allocate the Move Ontario monies to supplement Ctarington's 2006 Road Rehabilitation and Pavement Overlay Program. 13. CLARINGTON CENTRE SUBDIVISION PHASES 1 AND 2, BOWMANVILLE, PLAN 40R-16302, "ROAD DEDICATION BY-LAW" THAT Report EGD-021-06 be received; and THAT Council approve the attached by-law to Report EGD-021-06, establishing, laying out and dedicating Parts 7 and 8 on Plan 40R-16302 as public highway. Report #1 - 5 - April 18, 2006 14. BALDWIN STREET RECONSTRUCTION -NEWCASTLE THAT Report EGD-022-06 be received; THAT Council consider the urbanization of Church Street from Edward Street south to the dead end in conjunction with the Regional project to decommission the North Street Sanitary Sewage Pumping Station and the Baldwin Street reconstruction project; THAT the additional costs of $250,000.00 associated with the urbanization of Church Street be added to the 2006 Capital Budget and financed through the Move Ontario Infrastructure funding program; and THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of this report. 15. RATES AND FEES THAT Report OPD-002-06 be received; and THAT Council approve the proposed schedule, attached to Report OPD-002-06, of rates and fees for sport fields and parks effective May 1, 2006. 16. CO-OPERATIVE TENDER W02-2006, SUPPLY, DELIVERY AND APPLICATION OF CALCIUM/MAGNESIUM CHLORIDE THAT Report COD-015-06 be received; THAT Miller Paving Limited, Markham, Ontario, with a total bid price of $60,775.00 (plus applicable taxes), for the Municipality of Clarington's requirements for liquid magnesium chloride (Section I) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender W02-2006, be awarded the contract to supply and apply approximately 325,000 litres of liquid magnesium chloride, as required by the Municipality of Clarington Operations Department; THAT Morris Chemicals Ltd., Lakefield, Ontario, with a total bid price of $3,025.20 (plus applicable taxes), for the Municipality of Clarington's requirements for flaked calcium chloride (in 20 or 40 kilo bags), (Section II) being the lowest responsible bidder meeting all terms, conditions and specifications of the Co-operative Tender W02-2006, be awarded the portion of the contract to supply and deliver approximately 6,000 kg of flaked calcium chloride, as required by the Municipality of Clarington Operations Department; THAT pending satisfactory pricing and service and approval by the Durham Purchasing Co-operative, the contracts be awarded for a second year; and Report #1 - 6 - April 18, 2006 THAT the funds expended be drawn from the approved budget allocation for Operations Road Maintenance. 17. TENDER CL2006-5, HVAC UPGRADES AT GARNET B. RICKARD RECREATION COMPLEX THAT Report COD-016-06 be received; THAT Crozier Mechanical Inc., Orono, Ontario with a total bid in the amount of $55,250.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-5, be awarded the contract for the HVAC Equipment Upgrade at Garnet B. Rickard Recreation Complex as required by the Community Services Department; THAT the total funds required in the amount of $55,250.00 (plus GST) be drawn as follows: a. $30,000.00 from 2005 Capital Budget Account # 110-42-421-84215-7401; b. with the remaining funds in the amount of $25,250.00 being transferred from the 2004 Capital Budget Skylight Replacement at Garnet B. Rickard Recreation Complex project #7000-8650-04404; THAT the By-law attached to Report COD-016-06, marked Schedule "A", authorizing the Mayor and the Clerk to execute the necessary agreement be approved... 18. PRESENTATION -ALEX McALLISTER, BOARD OF DIRECTOR HONOURS AND AWARDS CHAIRPERSON, ST. JOHN'S AMBULANCE -CRAIG MACKLEM THAT a letter be sent to Craig Macklem, Parking Enforcement Officer, congratulating him on his award and thanking him for going above and beyond the call of duty. 19. RATIFY ACTIONS THAT the actions taken at the closed meeting be ratified. • ~~ heading the Way REPORT ~~ 4 REPORT OPERATIONS DEPARTMENT Meeting: COUNCIL . Date: APRIL 18, 2006 Report #: OPD-004-06 File #: By-Law #: Subject: GRASS CUTTING OF BOULEVARDS Recommendations: It is respectfully recommended to Council the following: THAT Report OPD-004-06 be received; and 2. THAT Council approve the transfer of the grass maintenance responsibilities along Regional Roads as outlined on Attachment One in the urban areas commencing May 1St, 2006 subject to the Region of Durham's acceptance of the terms and conditions as outlined in the report. Submitted by: Fred orvath B.A.; .D.M.R., R.R.F.A. Direct of Operations ~_._ , ;~ Reviewed by: Franklin Wu, Chief Administrative Officer REPORT NO. OPD-004-06 PAGE 2 BACKGROUND AND COMMENT: The Region of Durham Works Department maintains 5.46 hectares of boulevards in Clarington as part of their annual grass. cutting program. This includes grass cutting in Newtonville (.02 hectare); Newcastle (.84 hectare); Bowmanville (2.28 hectare); and Courtice (2.32 hectare). The terms and conditions are still being finalized with Region staff but would include: 1. The Region to transfer the grass maintenance responsibilities along Region roads in the urban areas commencing May 1st, 2006 for the balance of the grass cutting contract. 2. The Region will compensate the Municipality for a fee for service based on the hectares and the Municipal grass cutting contract. This would be a cost recovery initiative including administration and supervision. Any additional hectares with the acceptance of new subdivisions would be negotiated independent of this fee. 3. The Region will undertake a spring clean-up of all boulevards to the satisfaction of the Municipality prior to the first cutting. 4. The boulevards would be cut 12 times during the season in accordance with our levels of service. If Council is in agreement to proceed with this transfer of responsibilities, staff will continue to work with-the Region to finalize the terms and conditions for implementation this spring. Attachments: Attachment#1 -Maps B1; B2; B3; C1; C2; N1; N2; NT1 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 I:\COUNCIL REPORTS 2006\OPD-004-06.doc; Grasscutting of Boulevards.doc -•- ~r„n1yU~ oooocyc P. 002/016 ATTACHMENT NO.: 1 REPORT NO.: OPD-004-06 ~ - . 14EGION OF DURHAM WORKS DEPARTMENT' URBAN GRASS CUTTING INVENTORY 2006 CLARINGTON AREA TOTAL 5.46 HECTARES nr-c-ua-[UUOIIUGI iu;i3 nrYt (FA%)905 6666292 P. 003/016 CLARINGTON GRASS CUTTING INVENTORY 2006 The Regiions~l Munlelpallty oT Durham Wort Departrnent Psrge ~ Description Hecbirss BOWMANVILLE GRASS CUTTING INVENTORY 2006 • B-1 B-2 B-3 Liberty Street, from Clayton Cres., north to Con. Rd. 3. Region Rd. 57, from Region Hwy. 2, south to Chandler Ct. Region Rd. 57 from Baseline Rd., north to pedestrian tunnel 0.53 0.64 1.11 Total 6owmanvllle Aroa b be maintained. 2,28 COURTICE GRASS CUTTING INVENTORY 2006 C-1 C-2 C-3 ~ Region Hwy. 2, west of Centrefield Dr. Region Hwy. 2 and Courtice Rd. Townline Rd. ®BloorSt. 0,12 0.48 . 1,72 Total Courtlos A-at b be malnta/ned. ~ 2,32. NEWCASTLE GRASS CUTTING INVENTORY 2006 N-1 . N-2 Region Hwy, 2, from Rudell Rd..to creek west of North St. North Street, }rom north of Reml CtJ Grady Dr, Region Hwy. 2, east of Arthur St. 0.62 0.32 Total Newcastle Aroa b be malrrtalned. O,a4 NEWTONVILLE GRASS GUTTING INVENTORY 2006 NT 1 Newtonvitle Road .south of Highway No. 2. 0.02 Total Newtomrllle A>oa to be ma/Malnsd O.OZ TOTAL CLAR/NGTON AREA TO BE MAINTAINED. 5,46 'Note: The total has been adjusted to reflect the addklone endlor deletions for 2006 HPN-uS-2006(TUE) 10:13 MFP2 (FRX1905 6666292 P.OOd/016 RPR-Od-2006(TUE) l0;ld MFP2 (FHX)905 66fi6292 P. 005/016 RD. 3 230m X 9m _ .5310 sq.m 0.53 ha 70m X 7m 150m X 7m ~. c~ w / J 1 OR.~N PEE ~ G`~ P w ~ m 02 ~ Q ~ ~ w CIJaYTON CRES. ' w ~ CLAYTON CRES. c~ T SHORVIEW MEADUWVIEW ' BLVD CT. / 1 . c~ z z ~ Q G z. :LFORp~ ~ ~ FENWICK AVE. ~~ (~ W azf- U~~ FREELAND AVE._ 170m X 10m nrrc-ua-cuuoliu[1 lu~l~ NhF'[ (FRX1 905 6666292 P. 006/016 HIGHWAY N0. 2 SQ~~G~~ O f_Y. W NO 2 N ~~ r 4 N N 5~ ~ o~EMP N • RDE` G~yF,`'' z ° O J ~ m ~ o L > 5 ,~ m CRIMMON CRES. 4i r~~~rn~~ Q J ~ LANE _ 800m X 8m C'f . 6400 sq.m 0.64 ha F{ARTWEL ' ' DORFEN CRES. . 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O . a F- V ~ - ~ w ~ ~' ~ Z o- owa E ra x E us M iii ~~/~/~ ~ , V~ ~ . ~ N d' ~ N O . ~~ . •~ • ~~ n Leading the Way REPORT i~ 5 REPORT OPERATIONS DEPARTMENT Meeting: COUNCIL Date: APRIL 18, 2006 Report #: OPD-005-06 File #: By-Law #: Subject: LEASE ARRANGEMENT WITH DARUL ULOOM Recommendations: It is respectfully recommended that Council recommend the following: 1. THAT Report OPD-005-06 be received; and 2. THAT a lease agreement between the Municipality of Clarington and Darul Uloom be approved, as set out in Schedule "A", Attachment #1; and 3. THAT the attached By-Law marked as Attachment Two, be approved authorizing the Mayor and Clerk to execute the necessary agreement. `Z~ Submitted by: Reviewed by: `~ Fr orvath Franklin Wu, B. R.D ., R.R.F.A. Chief Administrative Officer Dir or of Operations FH\KR\km REPORT NO. OPD-04-06 PAGE 2 BACKGROUND AND COMMENT: 2.0 Background 2.1 The Municipality of Clarington has approached Darul Uloom (the former Great Lakes College) about the possible use of their sports fields for community use including the fields at the north and south sides of the campus. 2.2 The fields on the north side, one baseball diamond and one soccer pitch are in need of repair but would be suitable for practice. 2.3 The main soccer /football field and two mini soccer fields in the south end are in reasonable shape. The Municipality of Clarington did schedule them during the 2002 season. 3.0 Terms and Conditions 3.1 As part of the Terms and Conditions, the Municipality of Clarington would be responsible for the grass maintenance of the designated areas, including garbage pickup. 3.2 The Municipality of Clarington will make any improvements to the sports fields consistent with the provision of safe playing surface for recreational purposes. 3.3 The Municipality of Clarington will control all ;bookings for the use of the sports fields from Monday to Friday 5:30 pm to 9:OOpm. 4.0 Darin Uloom 4.1 Representatives of Darul Uloom have reviewed the, proposed lease agreement and are satisfied with the terms and conditions. They look forward in partnering with the Municipality of Clarington. Attachments: Attachment #1 - Attachment #2 - Schedule "A"; Agreement By-Law CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 263-2292 F (905) 263-4433 Attachment # 1 OPD-005-06 Schedule "A" BETWEEN THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON (Hereafter called the Tenant) and DARUL ULOOM (Hereafter called the Landlord) To hold the lands and premises known as the Darul Uloom, 2020 Lambs Road, Bowmanville, Ontario L1C TICS, from the date hereof. The tenant to pay $2.00 per annum of lawful money of Canada, to be due and payable upon execution of the agreement and on the anniversary of the agreement thereafter. 1. The Tenant covenants with the Landlord as follows: a) To pay rent. b) To provide public liability and property damage insurance in the amount acceptable to the Director of Finance. c) To maintain the lands in good order. d) To refrain from erecting any permanent structure of whatever kind upon the leased land. e) To maintain and keep the property im a clean and tidy condition and not permit objectionable materials of any kind to be accumulated 2. The Landlord covenants with the Tenant as follows: a) For quiet enjoyment. b) To permit the Tenant to make such improvements to the land that they deem appropriate at their cost and such improvements will become a liability upon the title of the lands. c) The parties may terminate this lease by giving notice in writing and the effective date of such termination shall be six months after such notice is received. 3. This agreement will stay in effect unless either party has expressed an interest to terminate this agreement by January 31 in any subsequent year. 4. For the purposes of this lease notice of termination shall be in writing and shall in the case of the Landlord, be delivered to the Clerk of the Municipality of Clarington, 40 Temperance Street, Bowmanville, Ontario L1C 3A6. 5. The Tenant will not be held responsible for any levies, taxes etc. for the use of lands as described. Attachment #2 OPD-005-06 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2006 - Being a By-law to authorize the execution by the Mayor and Clerk of an Agreement between the Municipality of Clarington and Darul Uloom for the use of their sports fields. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, an agreement with Darul Uloom to implement the recommendations contained in Report OPD-005-06. 2. THAT the agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 18th day of April, 2006. By-law read a third time and finally passed this 18th day of April, 2006. John Mutton, Mayor Patti L. Barrie, Municipal Clerk REPORT ~~ 6 • ~~ Leading the Way R E P RT PLANNING SERVICES Meeting: COUNCIL Date: Tuesday, April 18, 2006 Report #: PSD-042-06 File #: RE 6.2.4 By-law #: Subject: APPROVAL OF EXPROPRIATION, UNDER THE EXPROPRIATIONS ACT, RESPECTING THE PROPOSED EXPROPRIATION OF 66 EAST BEACH ROAD, BOWMANVILLE RECOMMENDATIONS: It is respectfully recommended to Council the following: THAT Report PSD-042-06 be received; 2. THAT Council as the Approval Authority under subsection 5(1) of the Expropriations Act pass a by-law to approve the proposed expropriation for the purposes of a district park of the lands more particularly described as 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Attachment 1, and to authorize the Mayor and Clerk to execute a Certificate of Approval of the expropriation; 3. THAT Council pass a by-law to expropriate the land for the purposes of a district park pursuant to the Municipal Act, 2001; 4. THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality to execute an expropriation plan of the land and cause the plan to be registered in the proper land registry office pursuant to subsection 9(1) of the Expropriations Act; and 5. THAT all interested parties listed in this report and any delegation be advised of Council's decision. Submitted by: Da4id;,Y. Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: ~1~'"~-" ~-~J Franklin Wu, Chief Administrative Officer IUFUDJC/df 27 March 2006 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-042-06 PAGE 2 1.0 BACKGROUND 1.1 Report PSD-122-04 dealt with the acquisition of 66 East Beach Road, Bowmanville, by the Municipality for the purposes of a district park. Recommendations 2 and 3 provided: • THAT Council hereby authorizes an application be made to the Council of the Corporation of the Municipality of Clarington as the approval authority under subsection 4(1) of the Expropriations Act, R.S.O. 1990 c.E.26, as amended, for the approval of the expropriation of the lands described as 66 East Beach Road, Bowmanville, for the purposes of a district park; and • THAT Council hereby authorize staff to take all necessary actions to serve notice of its application for approval to expropriate upon the owner of the land to be expropriated and to publish the aforesaid notice in accordance with subsection 6(1) of the Expropriations Act. 1.2 The property to be expropriated is owned by Glen Ransom. The land has frontage on the south side of East Beach Road and views out to Lake Ontario. The Municipality owns the properties immediately to the east and west and other lands in the immediate area (Attachment 2). 1.3 Council authorized the Municipality's application for approval of the proposed expropriation to Council. Council is the approving authority for an expropriation of land by the Municipality under the provisions of the Expropriations Act. The Act provides that Council as the approving authority must formally approve a proposed expropriation before it can occur. 1.4 On October 27th, 2004, pursuant to subsection 6(1) of the Expropriations Act, the Clerk served notice of the Municipality's application for approval of the expropriation on the registered owner and published the notice in the Canadian Statesmen for three consecutive weeks. 1.5 Through the serving of the notice the owner was given the opportunity to request a hearing by an Inquiry Officer as to whether the proposed taking of the lands is #air, sound and reasonably necessary in the achievement of the objectives of the expropriating authority. (the Municipality). The owner had 30 days of being served with the Notice to notify the Approving Authority in writing that a hearing was requested. On November 5th, 2004 the owner requested a hearing. 1.6 The expropriation process for this property has been delayed by the appeal filed by the owner, Glen Ransom, the Port Darlington Harbour Company, and Wiggers Custom Yachts Ltd. of Official Plan Amendment 39 proposed by the Municipality and the subsequent hearing before the Joint Board. The hearing was held on January 17th, 2006 regarding the OPA and a decision has been given approving the OPA as amended with certain modifications. The result was that the Hearing of Necessity for 66 East Beach Road was scheduled for April 12 and 13, 2006. Mr. Ransom withdrew the request for a hearing on March 24th, 2006 (Attachment 3). This application can now proceed. REPORT NO.: PSD-042-06 2.0 COMMENTS PAGE 3 2.1 As Mr. Ransom has withdrawn his request for a hearing by an Inquiry Officer, he is not questioning whether the proposed taking of the lands is fair, sound and reasonably necessary in the achievement of the objectives of the expropriating authority. The only matter to be determined is the amount of compensation. Upon Council's approval, as the approval authority of the expropriation, the owners' rights, in effect, will be converted from ownership of an interest in the lands in question to a right to be paid fair market value compensation for his interests. If compensation cannot be agreed to it will be determined through mediation or, if necessary, by arbitration by the Ontario Municipal Board. 3.0 CONCLUSIONS AND RECOMMENDATIONS 3.1 It is recommended that Council, as the Approving Authority under subsection 5(1) of the Expropriations Act, pass a by-law (Attachment 4) under the Expropriations Act to approve the proposed expropriation for the purposes of a district park. and to authorize the Mayor and Clerk to execute the Certificate of Approval required by the Act. A copy of the Certificate of Approval is included as Attachment 5. 3.2 It is recommended that Council as the expropriating authority under the Expropriations Act complete the expropriation of 66 East Beach Road, Lots 1 & 2, Block "A", Plan H- 50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Attachment 1, since the taking of such land is fair, sound, and reasonably necessary in the achievement of the objectives of the Expropriating Authority in providing a district park facility at that location. 3.3 It is also recommended that Council pass a by-law under the Municipal Act, 2001 to expropriate the lands in question for the purposes of a district park (Attachment 6). 3.4 Finally, it is recommended that Council pass a by-law to authorize the Mayor and the Clerk on behalf of the Municipality to execute an expropriation plan of the lands in question and authorize its registration in the proper land registry office pursuant to subsection 9(1) of the Expropriations Act (Attachment 7). 3.5 If Council approves the proposed expropriation it will be completed by the registration in the proper land registry of a plan of the lands which are expropriated. The plan must be registered within 3 months after approval to expropriate has been given. Title is transferred to the Municipality on the registration of the plan. 3.6 It should be noted that the Municipality cannot obtain possession of the land expropriated until notices are served on the registered owner which require possession of the land expropriated •to be given to the Municipality on a specified date. That date must be at least 3 months after the date of service of the notice of possession. Before REPORT NO.: PSD-042-06 PAGE d taking possession of the land, subsection 25(1) of the Act requires that the expropriating authority serve upon the registered owner an offer of an amount in full compensation for the owner's interest and offer immediate payment of 100% of the amount of the estimated market value of the owner's interest. This offer must be served within 3 months of the registration of the plan. Notice of possession specifying a date that the Municipality requires possession must be served at least 3 months after the date of serving of an offer. Attachments: Attachment 1 -Draft plan of survey Attachment 2 -Ownership pattern Attachment 3 -Letter from Mr. Ransom's lawyer withdrawing the request for hearing. Attachment 4 - By-law to approve expropriation under Expropriations Act and to authorize execution of Certificate of Approval of expropriation Attachment 5 -Certificate of Approval of expropriation Attachment 6 - By-law to expropriate for a district park under the Municipal Act, 2001 Attachment 7 - By-law to authorize execution and registration on title of expropriation plan List of interested parties to be notified of Council's decision: Mr. Glen Ransom Mr. Stephen Waque Attachment 1 To Report PSD-042-06 ~, ~ ~~~;~ ~ ^ ~j8h ~ i~ Ag z 1ar~ ~ ~~? t~ ~~" Iq,~„ E it ! 1bYJ ~ ~~ I 2 ~3b i tr2~Re ~ ~ !r ~i =( ~ C a ~~ Iltt ~ 9 I s' 1 O 7 ~~~~~~i~~~~~ ~ ~ ~ ~ I ~~~~ ~ ~~ ~ ash h ~ ~~ s a ~g- ~ ~ ~$~ ~~~ ~ ~ o. i s 107 t i~ ^ t ~ ~~ ~ Z s 1~ ~QQ ~S = E~ 4 $j ~~ ~+ ~t ~~€ ~~ ~a ~3 ~ ~ ~ ~ Y • ~~ ~~ i yy ` jj S~y s ~~ • » N ~ t~S @~ ~ ~~ ~ J ~3~ ~r !# d g O ~ ~ ~s j ~a W ' ~~ ~ i ~ ~~~ t 107 czao-areal "" : ~ ~ v 1CL91. • ,OtAtil M ~ ~i I 0 :~ It o ,~ ~ ~• h V t $ t Y 76Y ~ O V ~ I'~ ... a ~ . i ti pv~ ~n m~ / ^ ^ ~ r - + ai9M l ~r rH Y (Mf~1 ~~ -~~'o - -~'~i,- ---'aid---- `~T.~ `~ I £ 1~1H I . ~m "'~~~ ~ I r b a9 ! I ar ~g ~ e a ~ ~ ~~ ~gII ~3 ;_ ~ .~ ~g~ ~ .~~ ~`` ij~ ^^ ~~ i ~ ~~; ~ ~: ~i; _ ~r.3 rr s ~~ n ~~~ 1no 3~~~g~~ 1 m~~j~~~f din ~~V 2~ Attachment 2 To Reoort PSD-042-06 Sewer Treatment Facility Water Treatment Facility -~ r Z ~G~1 O Z O D ~ EAST BEACH ROAD Lake Onfario N - Proposed Lands to be Acquired by Expropriation Roll Number: 020-130-08200 Address: 66 East Beach Road, Bowmanville Site Area: 0.20ha (0.50ac) ® Lands Owned by Municipality of Clarington 1(/ 1bb5 14: 55 4168647404 DENNI i HEFFERON LAW Attachment 3 MAR-z7-2006 13=23 To Report PSD-042-06 BORDEN L1-DNER GR~RVAIS t3onden Leda Ge++gh LLP ~~ • Patent a TnAd~mark Agent Sc~a Pls¢a, 90 King Sheet Weer Taonb, Orttab, Canada MB!-I 3Y4 mL: (416)3878040 fmc: (41B) 3876749 Www.blg~ere>dacan March 27, 2006 Delivered by Facsimile O~xce o~ Consolidated Hearings P.o. Hox 2382 2300 Xonge Street, Suite 1201 Toronto, Ontario M4P lE4 Attn: Ms. Gny McCurdy, I.tegistrar Dcar Madam Registrar: Re: Case Z1io. 04-t 64 Glen Ransom -. 66 East. Bearir Idoad, Phase Z - Apn7 IZ, ~OD6 SAVa M. FiIRp dkect tel.: A16.367a666 dN11ct fmc 418~381,~i4 ~f~: 81~b.oom Ontario We are counsel £or Mr. Ransom with respect to the labove-rrotcd matta~. 'We write to advise the Joirn Board treat Mr. Ransom wishes to wi draw his request for a hearing of necessity in the above matter. Consequently Phase 2 bfthe hearing, current]y scheduled for April 12, 2006, in Clarinigtort, Ontario, will not be ecessarv_ I have discussed this matter with Mr. Dennis Hef Clariingtoa, and I understand chat Claringtor: will withdraw from the hearing o~'rxec~cssity. Please corned me if you require eny addit,;onsl "Yours very truly, BOIiDEI+T ~.ADNER GER AIS ?•Y.P tno M, trji SMH;Ig cc. 141:AF. StoclGten, Ontario Municipal Board (via D. Hefferon (via fax) Ci~. Rrinaom (via mail) counsel foz the mun~icipal~ity oaf nt to Mr. Rs~nrotn's teque8t to 0 m 0 a i Y w 3 w 0 v 0 h z 4 s 0 h K t h h O J t K n r a n J u TOTAL P.02 Attachment To Report PSD-042-0~ THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON BY-LAW N0.2006 - being a By-law to approve the expropriation of 66 East Beach Road, Lots 1 & 2, Block "A', Plan H-50073, 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- 0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) 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 Cert~cate of Approval under the aforesaid Act WHEREAS at its meeting on April 18"' , 2006 the Council of The Corporation of the Municipality of Clarington, approved the recommendations contained in Report PSD-042-06, and approved the expropriation for the purposes of a district park of the lands more particularly described as 66 East Beach Road, Lots 1 8 2, Block "A", Plan H-50073, 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- 0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained.in Schedule 1 hereto; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. THAT the Council of The Corporation of the Municipality of Clarington as approving authority under the Expropriations Act, R.S.O., 1990, c.E.26, hereby approves the expropriation by The Corporation of the Municipality of Clarington of the lands more particularly described as 66 East Beach Road, Lots 1 ~ 2, Block "A", Plan H-50073, 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 ident~ed by parcel identification number 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 attached to and forming part of this By-law. 2. THAT the Mayor and Clerk are hereby authorized on behalf of the Council of The Corporation of the Municipality of Clarington to execute a Certificate of Approval of the expropriation by The Corporation of the Municipality of Clarington of the lands more particularly described as 66 East Beach Road, Lots 1 8 2, Block "A", Plan H-50073, 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 ident~ed by parcel identification number 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 hereto. BY-LAW read a first time this 18"' day of April 2006 BY-LAW read a second time this 18"' day of April 2006 BY-LAW read a third time and finally passed this 18~' day of April 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Schedule 1 3, ~ ~ s ~a - r~~d~ -- ~. --~ ~ ~ r' ~ 1~re ~ 3 ~ ~ i' o fc~~' ~ ~ j i i ~gg aa~#i ~~ ~~~~~~1~ ~'~ a~ -~~ ; '~ , ~ ~ l x f a ~ ~ ti y 1 0 7 ~~~~~4~~~~~ ~ ,~ ~ . ~ ~~ ~ ~ I ~6f~ ~~ ~ ~ Yt y • ~. .~ ~ r` ~ G a 1 _ ~ tf ~ 6~~ ~ ~ ' ~~~ r 107 .~ O • O b Z l 107 ~ ~ ~ « fri s i ~ e v ~~ ~ E ~~ ~ '~' : • ~a~ g . `g ~~ , _ s O t t Z O ~R;; r (~ ~ ~y Y ~_~ _ ' a ~~~ , s r~~ ~ ~ ~ ~ ~ I a~~ ~ r ~ g ~~i ~ a ~~ s~~ r~ { O r:' ti #g ~ ~~ ,i ~ .~ ij[ j ~ ?l _ ~~~ ~ .~~ }:f ~ f~; i ~:~ 1 ~t v o • VI I o ~ ~ •~ h ` ` . d ~ ~ Y ~ t ~ V L '~ r . o i . 1 j'~j ~ ~~ y w ~ ~ ;~3 ~~ ~ ~ , ,i ~ ~ YY ~ ~ ~ ~ ~ J ~ j ~ i ~~ ~ = a W ~~ « ~ ~k ~ ~ ~~ ~ .,~ ~ i~ ~ ~i r ~~ IL:. ~ :: ~ ~ . ,. ~, ~ r~ ~ a7iM ~XY~/r ~.~ fM}~ stto-s-~x ~u N!! df7l NYl! ' ! 1dNf! T si W R ~~ ~2_ '; ~ ~~~ i MOB f9~~~~~~ ~~ ~ ~` Attachment To Report PSD-042-OE CERTIFICATE OF APPROVAL IN THE MATTER OF an application by The Corporation of the Municipality of Clarington for approval to expropriate 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 hereto. The Council of The Corporation of the Municipality of Clarington hereby certifies that approval was given to The Corporation of the Municipality of Clarington on the 18~' of April, 2006 to expropriate, for the purposes of a district park, the lands more particularly described as 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 attached to and forming part of this Certificate, being the land described in the application DATED at Bowmanville, Ontario this 18~' day of April 2006 The Council of the Corporation of the Municipality of Clarington John Mutton, Mayor Patti L. Barrie, Municipal Clerk Schedule 1 ~ : 1- - I ! ~.. -- s ~Y{~ ~~ e ~ t t ~~ ~ E R ~~ ~ ~' ~,~ ~~ ~g ~~ , 3 o~ N i~# G ;i7~ ~~ C~ t~~ ' ~ ~ilf j ' ~~ ~ ~ 6 O ~ W Y ~'s ~ ~ ' ~ ~~~ ~~ R 3 ~ ~~ ~~ ~ d ~ 3y ~ 8 i b ~ 1d'Y~ ry _ ~~a 3 ~.~ 1bY~ ~~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ 1 I~ ~ ~~l~~~~~~~t~~~ ~~ ti ~ ~~~ a a 1 O 7 ~ ~ ~ ~ j ~~~~~~~~.~~~ ~ ~ ~ I ~~~~ ~ ~ I ~6~~ ~ a ~~~ ~ a ' ~~~ Y~= • 1 1 O 7 ~ h a 0 ti r !o~ ciao-a.9x wa ~ ~ ~ v L Y~.1 l~Tl ~ easa~. a at_aat M ~ :. Io ~, ~ t o ,~ M .• ` I ~r~ ~~ ~ o V ~ ~ ~ ! ~ ` ~ I a i 0 t e 0 ~ ~ v ~ i ~ .3 , ~E~ ~ .~~ s `~i 2 ~; Ie . _ s~~ ~ . ~ ~~~ ~ ~: . ~ i,; ~ ~.~ 1 ~ ,., aaaw • act s~ r (YT/ 1d MC! bGl NYd! ' / Id74~ T ~ _,~ (F 1e9E+ ~ ' m I ~ W R. ~~ s ~~_ 3 ~~ ~g~= •~g~~: J ~~~'~~ ~~ .v Attachment To Report PSD-042-C THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2006- being a By-law to expropriate 66 East Beach Road, Lots 1 & 2, Block "A", Plan H- 50073, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Dufiam, which land is more particularly described in the parcel register identified by parcel identification number 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 hereto, for the purposes of a district park pursuant to the Municipal Act, 2001, S.O.200'I WHEREAS at its meeting on April 18t'' 2006, the Council of The Corporation of the Municipality of Clarington, passed By-law 2006- approving the expropriation of 66 East Beach Road, Lots 1 t~ 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 hereto; NOW THEREFORE the Council of The Corporation of the Municipality of Clarington enacts as follows: 1. THAT the land more particularly described as 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Dufiam, which land is more particularly described in the parcel register identified by parcel identification number 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 attached to and forming part of this By-law, is hereby expropriated for the purposes of a district park pursuant to the Municipal Act, 2001, S.O. 2001, c.25, as amended. BY-LAW read a first time this 18~' day of April 2006 BY-LAW read a second time this 18~' day of April 2006 BY-LAW read a third time and finally passed this 18"' day of April 2006 John Mutton, Mayor Patti L. Barrie, Municipal Clerk Schedule 1 { 3B a~ , ~ a ~ z ears ti ~~i ~ ~~~ t tare ~ . a f~~~~e e~ ~ }+ r I ' [i ~ t ~ i~~~~~~~t~3~i ~~ s $ ~~~ a 9 ~' 9 1 0 7 E ~~~~~~~~~~~~~ ~ ~ ~ I ~~~ ~ ~ I Y ~ s=~ ~ ~ ~ ~~ ~ s ~ ~ a 5g a - ~~~ ~ Y ~ ~~Y ~ ~ ~ ! ' ~ ~~ r3~ 1 ~ ' r 107 e .~ 0 • o s P 1O7 ~ ~ A , ' ' k e quo-~r~ ~[a ~ ~ e ~~ E 4 S ~ ~~~ `~ a ~a ' ~ ~~ es ¢ ~## ~ • ~ ' .J M ~ ~ ~ ~ ., O ~{~ ~ ~~ LL , W 3 ~ ~ ' ~ ;~ tea. sw . s„~,. o W t O r~ ~ ~` N ~ . d W. .r ~'r t ~ ~ V ~. I~ a ~ ' ~ I 0 t 0 L~ #g ~~ ,; ~ :~~ ~~ _ ~~~ :~~ ~ . i~f >; ' _ ~~; ~~ z ~ a. ..~ ~ (~r~ lY 1 J~~ ~Ap i A . >LY/ btll NYTd ~ / lalf! _ ug~v ; ~~ J I J~m I£~~ ~~ ~ s Attachment To Report PSD-042-( CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2006- being a By-law to authorize the Mayor and Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 ident~cation number 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 hereto, in accordance with Section 9 of the Expropriations Act WHEREAS at its meeting on April 18, 2006, the Council of the Corporation of the Municipality of Clarington, approved the recommendations contained in Report PSD-042-06, and approved the expropriation of the lands more particularly described as 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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- 0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40), shown on the draft plan of survey contained in Schedule 1 hereto; AND WHEREAS at its meeting on April 18, 2006, Council passed By-law No. 2006- approving the aforesaid expropriation; AND WHEREAS at its meeting on April 18, 2006, Council also passed By-law No. 2006- pursuant to subsection 6 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended to expropriate the aforesaid lands; NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the Municipality of Clarington enacts as follows: THAT the Mayor and Clerk are hereby authorized on behalf of the Corporation of the Municipality of Clarington to execute an expropriation plan of 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 ident~cation number 26646-0026 in.the Land Titles Office for the Land Registry Division of Durham (No. 40). 2. THAT the Mayor and Clerk are authorized on behalf of the Corporation of the Municipality of Clarington to cause the aforesaid expropriation plan to be registered in the proper land registry office pursuant to subsection 9 (~) of the Expropriations Act. BY-LAW read a first time this 18~n day of April 2006 BY-LAW read a second time this 18~' day of April 2006 BY-LAW read a third time and finally passed this 18~n day of April 2006 John Mutton, Mayor ' Patti L. Barrie, Municipal Clerk Schedule 1 ~ ie :~ I ~ a ~ ~ ~~ I ~ J.-~ I 1bY! ti -~- ~ ; ~ 3 ~ ~ ( . a it ! ldd'd ~ ~ ~ I ~ ~ 2 ~ ~ ~ s t ~ ~~ rI ~~ ~~f~f~ { 2~~~~ # ~ ~ a ~ ~~~ yF a f ~ 9 1 0 7 ~~ 3~ ~~ ~ ~~.l~ ~ ~ ~ ~~ F 1 I ~ ~~~ ~ ~ ' I a ~ ~ a ~,w ~ ~ ~t ~ a a ~'g ~5 ~ s ~ i 6 ~e6 ~ Y ~ a Viiii: ~ i i r~$ *~ ~ !07 ,~ 0 o w 1 r 1 O ~ ~ < « «b s : ~ e g ` V ~ 73f t P ~~ ..~~ ~: ~~t ~'~ }• Ni Z~w ,~; f o s~ ~. «~ 3 ~~~ ~~ is: a fM>•1 Iw>•1 ~ ~~ ~ . >r aw v T~ , v W ~ t o ~ h •• ` I ` v ~ t~ ~ V - J Ya ! ~ ~ , . i O t 0 II ~ ~ ~ i ~ . , ~jj i[~ ~ .ad i,~ f ~t _ if~ T 1 ~i ~;i = F.~ . ,. W ~w~ r Q IM..1 ~~r r.~l ~~ ~n~ uoo-sr»x w 3~~~~s~ ~. S Z J ~~ s~ ,,~ ~r.~~.~m SUMMARY OF BY-LAWS APRIL 18, 2006 BY-LAWS 2006-078 Being a by-law to authorize entering into an amending agreement with the Owners of Plan of Subdivision 40M-2225, any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 40M-2225 (Item #7 of Report #1) 2006-079 Being a by-law to govern the Clarington Heritage Committee (LACAC) and for the appointment of members thereto (Item #8 of Report #1) 2006-080 Being a by-law to establish, layout and dedicate certain lands as public highway in the Municipality of Clarington (Item #13 of Report #1) . 2006-081 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Crozier Mechanical Inc., Orono, Ontario, to enter into agreement for the HVAC Upgrades at Garnet B. Rickard Recreation Complex (Item #17 of Report #1) 2006-082 Being a to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-90036 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T-90036 (Approved by Council June 27, 2005) 2006-083 Confidential Property Matter (Report #2) 2006-084 Confidential Property Matter (Report #2) 2006-085 Confidential Property Matter (Report #3) 2006-086 Being a by-law to authorize the execution by the Mayor and Clerk of an Agreement between the Municipality of Clarington and Darul Uloom for the use of their sports fields (Report #5) 2006-087 Being a by-law to amend By-law 2004-024, a by-law to appoint Members to the Samuel Wilmot Nature Area Management Advisory Committee (Approved by Council April 3, 2006) Summary of By-laws - 2 - April 18, 2006 2006-088 Being a by-law to amend By-law 2004-019, a by-law to appoint Members to the Clarington Heritage Committee (formerly Local Architectural Conservation Advisory Committee) (Approved by Council April 3, 2006) 2006-089 Being a by-law to approve the expropriation of 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the .Land Titles Office for the Land Registry Division of Durham (No. 40) 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 (Report #6) 2006-090 Being a By-law to expropriate 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is rriore particularly described in the parcel register identified by parcel identification number 26646- 0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 hereto, for the purposes. of a district park pursuant to the Municipal Act, 2001, S.O. 2001 (Report #6) 2006-091 Being a By-law to authorize the Mayor and Clerk on behalf of the .Municipality of Clarington to execute an expropriation plan of 66 East Beach Road, Lots 1 & 2, Block "A", Plan H-50073, 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 26646-0026 in the Land Titles Office for the Land Registry Division of Durham (No. 40) shown on the draft plan of survey contained in Schedule 1 hereto, in accordance with Section 9 of the Expropriations Act (Report #6) 2006-092 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle, and to Repeal By-law 2006-024 (Approved by Council February 13, 2006) Summary of By-laws - 3 - April 18, 2006 2006-093 Being a by-law to authorize entering into an Amending Agreement with the Owners of Subdivision 18T-88051 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T-88051 (Approved by Council February 16, 2006) April 18, 2006. ~- ti C,C~O~ ~ a o O ~ Good Evening Mayor Mutton, Members of Council, ladies and gentlemen: The current 407 East Environmental Assessment process began in 2002. It is not well understood, but very important to note, that this study is a transportation corridor planning study. According to the Project Team, no implementation decisions have been taken, nor has funding been allocated to implement any transportation solution(s) within new transportation corridors that may be identified by study completion. As a result of a court decision in 2003 and the subsequent reinterpretation of the legislation by the government, the Project Team modified their study approach to include assessment of alternatives. The reinterpretation ensured that for the first time, alternatives to a highway corridor would be examined as part of the enviromnental assessment study itself. The EA study is currently at the stage where the Project Team is finalizing an earlier December 2005 draft document -an assessment of Transportation Problems and Opportunities -, which was not released to the general public but to select stakeholders only. The Team has identified a preliminary list of alternatives they intend to assess and have set out 4 combinations from which they will select a Preferred Alternative. Also released is a list of factors, criteria and measures the team will use to assess the alternatives at a strategic, rather than detailed level. Their stated intention is to bring forward all these documents, including the maps, charts and displays, along with their recommended Preferred Alternative to the Public Information Centres (PICs) in late May and early June. They have chosen a "drop-in" format for these PICS, with no structured presentation to put any of this material, nor their decision, into context. There is no scheduled Question and Answer session that would allow the public to get responses to their questions in a public forum that same evening. I camlot imagine how overwhelmed the average individual would be when faced with this volume of incredibly complex and detailed material. ~ It is my view that Drop-in formats for the PICS effectively isolate stakeholders and put the onus on individuals to identify issues or concerns. It is very daunting for the average person to digest a huge amount of technical material in a short time, then have to hunt down and approach Project Team staff, and hope that he or she could understand and respond to less than perfectly formulated questions. While the Project Team talks and writes a lot about stakeholc 'r e~nga~e Went an~uible approaches to consultation, they have, in my view, failed to t ~. ie act is that people aren't likely to participate in processes they don't understand. This could mean individuals may be less likely either to provide helpful suggestions, or to challenge the Project Team assumptions and findings. Lack of meaningful public involvement early in the EA study will inevitably result in confiision and resentment later as the study moves to the phases when lines start being drawn on maps -lines that may be going right ~. through peoples' yards, houses, and farms. Some of that resentment and confusion may ~"" be directed at local and regional councils as these concerns hit closer to home. There is the public expectation that you, the local and regional decision-makers and public servants, have an obligation to ensure that proponents manage projects and consult stakeholders in a way that serves the public interest. I hope you have had the opportunity to review my letter of April 5`~', and the letter from Clarington's 407 Community Advisory Committee to the Project Team dated April 7`~' I won't repeat the details set out in these letters, but ask you to keep these in mind when writing to the Project Team as soon as possible to request the following: • Request a structured presentation to Council at an evening meeting, prior to the May 30`x' PIC. In an election year, you must be on top of the issues and the concerns. Please post the presentation date clearly on the relevant agenda so that the public could also attend. • Please request that the format for the May 30th and future Clarington PICs be amended to include a structured presentation and Question and Answer session in addition to the Drop-in option for those who are not interested in a presentation, ~,,,, or Q & A session. Any decisions arising out the 407 East 1/A are likely to have huge impacts across Clarington and the Region. The foregoing requests to the Project Team would demonstrate that you are willing to do your part to ensure that Clarington residents are provided with real opportunities to understand the Project Team recommendations at this critically important phase of the study. Thank you for your attention. Linda Gasser fir. 2