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HomeMy WebLinkAbout09/13/2004 MUNICIPALITY OF CLARINGTON Council Minutes September 13, 2004 Minutes of a regular meeting of Council held on September 13, 2004, at 7:00 p.m., in the Council Chambers PRAYER 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, T. Cannella (attended until 9:15 p.m.) Director of Community Services, J. Caruana Director of Planning Services, D. Crome (attended until 9:15 p.m.) Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 9:15 p.m.) Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Acting Chief of Emergency & Fire Services, G. Weir (attended until 9:15 p.m.) Administrative Assistant to the Clerk, C. Tennisco (attended until 9:15 p.m.) Deputy Clerk, M. Knight Stanley DISCLOSURES OF PECUNIARY INTEREST Councillor Pingle indicated the she would be disclosing a pecuniary interest with respect to Report PSD-108-04. MINUTES Resolution #C-398-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on June 28, 2004, the minutes of a special meeting of Council held on July 21, 2004 and the minutes of a special meeting of Council held on September 7, 2004, be approved. "CARRIED" c• Council Minutes - 2 - September 13, 2004 • DEVELOPMENT CHARGES HEARING Dominic Vetere, Secretary Treasurer, Dom's Auto Parts Company Limited,1604 Baseline Road West, Courtice, UE 255, appeared before Council with a concern regarding his development charges. Mr. Vetere stated that the calculations of the development charges have been incorrectly applied to his property at 1604 Baseline Road West, Courtice. Mr. Vetere feels that the application of this fee is in error for the following reasons: - development charges have been imposed with respect to the reconstruction of a building that was previously demolished and he has not received credit towards the charges payable for the gross floor area of the structure replaced; - confirmation has been received from the Regional Municipality of Durham and the school board that the developmental charges are not payable with respect to this phase of redevelopment as a structure; - structure is a bunkhouse for the accommodation of seasonal migrant workers; • - definition of the town's "development" includes "redevelopment"; and - the by-law states, " the development of an industrial building, the development of the industrial portion(s) of a mixed use building, or the development of an existing industrial building by the enlargement of the gross floor area thereof, are exempt from development charges imposed by the by-law". Mr. Vetere is requesting the costs be waived as the structure is exempt based. L Council Minutes - 3 - September 13, 2004 PRESENTATIONS Mayor Mutton presented plaques for the "3`d Annual Awards of Awards of Excellence for Fighting Crime to the following individuals recognizing their outstanding contributions to community safety and crime prevention: - Staff Sergeant Bruce Townley - Detective Sergeant Kimberly Bulloch. John O'Toole, MPP, Durham, Kevin McApline - Chief of Police, and Bill Temple - Inspector were in attendance for the presentation. DELEGATIONS a) Kevin Roberts, 4491 Highway #2; Newtonville, L1 B 1 L9 regarding Campfires on Residential Properties — Burning By-law was called but was not present. b) Josip Tomina, 2943 Solina Road, North, Bowmanville, L1 C 3K4 addressed Council with respect to the Zoning By-law. Mr. Tomina stated his address is 2943 Solina Road, t North and the property his concerns are regarding is 2987 Solina Road North, Bowmanville, as follows: - operating a commercial business with approximately 20 employees, workshop, and the property is zoned agricultural; - noise resulting from the crushing of stone commencing at 6:00 a.m. and going through until 8:00 p.m.; and - grading of the neighbour's property has been altered and is affecting Mr. Tomina's property by the planting of spruce trees 10 feet from his property. Mr. Tomina is asking Council to address the above issues by closing the commercial business or having the zoning changed. He states his concerns were submitted to Clarington prior to Bill 27 coming into affect. C) Marcia Tomina, 2943 Solina Road, North, Bowmanville, L1 C 3K4 reiterated Josip Tomina's concern. She stated that they are unable to enjoy their property due to the noise resulting from a commercial business being run at 2987 Solina Road North, Bowmanville. • Council Minutes - 4- September 13, 2004 DELEGATIONS d) Robert Stevens, 33 Stevens Road, Bowmanville, L1 C 4R7 addressed Council in regards to Rezoning Application ZBA 2004-027 and COPA 2004-003. Mr. Stevens is concerned with statements made in the Clarington newspaper stating the project is located on environmentally sensitive land. Mr. Stevens states the application should be permitted for the following reasons: - the land is 30 — 50 feet above creek level; - no concerns of erosion; and - 77 unit development will fit into the existing development in the area. Mr. Stevens is requesting Council to endorse the application so he and his wife may continue to reside in Bowmanville. e) John Bergeron, 2611 Maple Grove Road, Bowmanville, L1 C 3K4 requesting Council to help provide High Speed Internet into the urban areas of Clarington. Mr. Bergeron has been in contact with Rogers Cable and Bell Canada to try to alleviate this situation, but to no avail. Mr. Bergeron • has exhausted his options with Rogers and Bell Canada and is looking for the support of Council. f) Marg Logeman, 7104 Liberty Street North, Bowmanville, L1 C 3K6 addressing Report CLD-26-04 — Order to Restrain in for an incident which occurred on June 16th, 2004. Kevin Logeman spoke on behalf of Marg Logeman. Mr. Logeman stated they are disappointed that the Order to Restrain is being appealed because the comfort of the dog which attacked their daughter seems to take priority over the safety of their child. He requested that the Order to Restrain be upheld for the following reasons: - the Doberman is an aggressive dog -this is the second time; the Doberman has been involved in an incident with a child; and - the leashed dog lunged at their daughter leaving a large bruise created by the dog's teeth and a fear of dogs In closing, Mr. & Mrs. Logeman are requesting Council to uphold the Order to Restrain. Council Minutes - 5 - September 13, 2004 DELEGATIONS g) Jeff Lockwood, 45 Venton Court, Bowmanville, L1C 5E9 addressed Council regarding the recommendations in Report CLD-26-04. Mr. Lockwood is not contesting the Order to Restrain, but requesting that they not be required to cage or fence their dog due to the following: his yard is not fenced; the Doberman, their dog, is only a puppy (13 months old); the Doberman is always on a leash and is micro-chipped; the first incident occurred on the day they moved into their home and their son's friends were playing in the bedroom wrestling with the dog and the dog jumped on the boy named Spencer this second incident occurred, following Mrs. Lockwood having their dog at the park watching a soccer game — the dog, being a puppy, was in a playful mood upon returning home; the dog did not attack the Logeman's daughter, he was trying to get her ball and pulling at her pants. Mr. Lockwood informed Council his dog attends daycare for animals three days a week (Canine Good Neighbors) and frequents their office. He stated the incident was unfortunate and the animal acted this way because it is a puppy. Mr. Lockwood concluded that he believes with this training and maturity, this dog will not be a threat to the residents. h) Eugene Skripkariuk, 122 Edward Street East, Newcastle, L1 B 1 M4 stated his support of Report CLD-25-04 — Order to Restrain. His concerns of the incident which occurred on May 14, 2004 are as follows: - the Dalmatian was leashed and proceeded to attack their dog; - owner's son was injuried by their own dog trying to stop the attack; - Mr. Skripkariuk's Springer Spaniel did not attack Mr. Berezowski's dog or son; - Their Springer Spaniel has taken 2 months to heal and the costs incurred were over $1 ,200.00; i Council Minutes - 6 - September 13, 2004 DELEGATIONS - Mr. Berezowski did not show any concern, refuses to acknowledge the occurrence, and has taken no interest in resolving this matter. Mr. Sripkariuk and his family requested that the Order to Restrain be upheld for the safety of the community. i) Darren Berezowski, 32 Emily Street East, Newcastle, L1 B 1 H3 is opposed the Report CLD-25-04 — Appealed the Order to Restrain on his Dalmatians on the following grounds: - his Dalmatians were leashed at the time of the incident; - Mr. Skripkariuk's Springer Spaniel was not leashed and chased his Dalmatian when his son and himself were rollerblading down the street; and - Mr. Berezowski stated he was unaware the Springer Spaniel was hurt during the unfortunate incident until advised differently by Animal Services when he went to purchase his dog tag. Mr. Berezowski insists that Mr. Skripkariuk's dog should have been leashed and the incident would not have occurred. Resolution #C-399-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Scott Greenfield be added to the list of delegations. "CARRIED" j) Scott Greenfield, 118 Edward Street, East, Newcastle, L1 B 1 M4 stated to Council what he had witnessed the incident of Mr. Skripkariuk and Mr. Berezowski's dogs as noted below: - clarified that both himself and Mr. Skripkariuk have small pieces of property that adjoin neighbours land; - the incident which occurred was very unfortunate; • Council Minutes - 7 - September 13, 2004 DELEGATIONS - he stated he was gathering the garbage in his house and opened the door and noticed Mr. Berezowski's son with his hands on the Dalmatian's mouth to free the Springer Spaniel (Mr. Skripkariuk's dog); and - when the dog was released, Mr. Skripkariuk came running over and Mr. Berezowski continued rollerblading down the street. Mr. Greenfield stated he had not seen Mr. Berezowski's son bite by their own dog but heard the mumbling when he released his dog's mouth from Mr. Skripkariuk's dog. Resolution #C-400-04 Moved by Councillor Schell, seconded by Councillor Foster THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:30 p.m. COMMUNICATIONS Resolution #C-401-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved with the exception of Items I - 1, 1 - 10, 1 - 11 , 1 - 15, 1 - 21, 1 - 26, 1 - 32, 1 - 36, 1 - 46, 1 - 49, 1 - 50, and 1 - 52 . "CARRIED" 1 - 2 Katerina Alexopoulos, Summer Program Co-ordinator, Firehouse M02.GE Youth Centre, thanking the Municipality of Clarington for the donation of Toronto Blue Jays Tickets. 1 - 3 Minutes of the Ganaraska Region Conservation Authority meeting AO1 .GA dated June 17, 2004. Council Minutes - s - September 13, 2004 COMMUNICATIONS 1 - 4 Minutes of the Ganaraska Region Conservation Authority meeting A01.GA dated July 15, 2004. 1 - 5 Minutes of the Clarington Traffic Management Advisory Committee C06.CL meeting dated June 17, 2004. 1 - 6 Minutes of the Clarington Traffic Management Advisory Committee C06.CL meeting dated July 15, 2004. 1 - 7 Minutes of the Central Lake Ontario Conservation Authority C06.CE meeting dated June 15, 2004. 1 - 8 Minutes of the Central Lake Ontario Conservation Authority C06.CE meeting dated July 20, 2004. 1 - 9 Minutes of the Durham Nuclear Health Committee meeting dated C06.DU June 18, 2004. 1 - 12 Minutes of the Kawartha Conservation Authority meeting dated C06.KA June 23, 2004. 1 - 13 Minutes of the Greater Toronto Transit Authority meeting dated T03.G0 June 11, 2004. 1 - 14 Minutes of the Greater Toronto Transit Authority meeting dated T03.G0 July 9, 2004. 1 - 16 Ontario Power Generation Nuclear Report Card, Darlington E06.GE providing Council with the Second Quarter Report 2004. 1 - 17 Ontario Power Generation forwarding the 'Darlington Neighbours' — E06.GE Summer 2004 brochure with news from Darlington Nuclear. 1 - 18 Cheryl MacLeod, Executive Director, Hospice Durham, forwarding S08.GE the 2003 — 2004 Annual Report. 1 - 19 Richard F. Stephenson, Chair, Assessment Review Board, F21.GE submitting to Council the 2000 — 2002 and 2002 — 2003 Annual Reports of the Assessment Review Board. Due to timing issues, related to change in government, there was a delay in releasing this report into the public milieu. i Council Minutes - 9- September 13, 2004 COMMUNICATIONS 1 - 20 Mayor John Gray, City of Oshawa, providing a copy of the City of D02.GE Oshawa's Annual Report to Citizens. 1 - 22 John O'Toole, MPP, Durham, thanking Council for a copy of their E05.GE correspondence regarding global warming and the declaration of "Find Another Way Day" and commending students Julia McGill and Jayne Thompson for bringing forth this idea. 1 - 23 Federation of Canadian Municipalities congratulating Paul Martin C07.GE on his success in the June 28, 2004 election and looking forward to working with his government and all parliamentarians to implement the New Deal for Canada's cities and municipalities. All candidates contributed to the democratic process. The concerted efforts of municipal leaders across the country to make municipal issues part of the campaign reinforced the strong nation consensus that municipal governments need a share of the federal fuel tax, new sources of revenue that grow with the economy, infrastructure, affordable housing, and a role in the decision that affect communities. 1 - 24 Holly MacLean, President and Bev LeMay, Clinical Director, S08.GE S.M.A.R.T. Inc., informing Council that the services offered to abused women through the program are a duplication of services already offered through Northern Lights and META and will not be available in the region as of August 31, 2004. All women with barriers to employment will access a generalized service delivery model for Needs Identification/Case Management. Following this process, dependent upon the income source/status, women will be referred to either Northern Lights Bridges Program or the services offered by META. These programs are not gender specific therefore are not integrating a model cognizant of woman abuse response/protocol. 1 - 25 Rick Cox, Chairperson, Durham Land Stewardship Council, E05.GE submitting the 2003 Durham Land Stewardship Council Annual Report. The 2003 activities set the stage for a period of growth for Durham Land Stewardship Council and they look forward to extending the scope and impact of land stewardship actions in the Region. • ' Council Minutes - io- September 13, 2004 COMMUNICATIONS 1 - 27 Neil Rodgers, President, Urban Development Institute/Ontario, D02.GR forwarding a report entitled "Ensuring Balance: Provincial Land Use Planning Initiative and Economic Growth in Central Ontario". Though supportive of the proposed greenbelt, UDI encourages the government to ensure that the growth management strategy, by the Honourable David Caplan, Minister of Public Infrastructure Renewal, lead the process. 1 - 28 Kim Coates, Clerk, Township of Scugog, advising that at a meeting C10.MO held on June 28, 2004 their Council passed the following resolution regarding the Regional Smoke-Free By-Law 66-2002: "THAT this Council consent to Regional By-law 39-2004, being a By-law to amend the Regional Smoke-Free By-law 66-2002." 1 - 29 Will Akkermans, General Manager, Central Region, Enbridge Gas E06.GE Distribution, advising that the Ontario Energy Board approved a commodity price-related adjustment to natural gas prices and forwarding information regarding price adjustment, backgrounder on Enbridge Gas Distribution's natural gas prices, and natural gas markets. 1 - 30 Minutes of the Clarington Accessibility Advisory Committee meeting C06.CL dated July 8, 2004. 1 - 31 Minutes of the Clarington Animal Advisory Committee meeting C06.AN dated June 9, 2004. 1 - 33 Patti Munce, Minister's Office, Municipal Affairs and Housing, E05.GR advising that the 13-member Greenbelt Task Force was established in February 2004 to oversee stakeholder and public consultations and makes recommendations on the scope, content and implementation of a permanent greenbelt in the Golden Horseshoe region. The members of the Task Force are as follows: - Rob Maclssac, Chair - Michael Bunce - Jim Gaught - Mary Lou Garr - Natalie Helferty - Carol Hochu - Fraser Nelson - Rod Northey - Russ Powell - Deborah Schulte • - David J. Stewart - Alan C. Veale Donald J. P. Ziraldo. Council Minutes tt September 13, 2004 COMMUNICATIONS 1 - 34 Steven Finlay, Executive Director, The Oshawa/Clarington S08.GE Association for Community Living submitting a copy of the Community Living Oshawa/Clarington's "2003/2004" Annual Report. The Association will continue to assist people in achieving their goals and aspirations. 1 - 35 Minister John Gerretsen, Ministry of Municipal Affairs and Housing E05.GR stating the Greenbelt Task Force submitted their recommendations to the Ontario government which will be instrumental in crafting the government's plan for permanent greenbelt protection in the Golden Horseshoe. 1 - 37 David Sterrett, President, The Ontario Aggregate Resources E05.GE Corporation submitting the 2003 Annual Reports of the Aggregate Resources Corporation. The report outlines a detailed account of the Corporation's financial affairs for 2003, as well as various rehabilitation and research initiatives undertaken as part of the Trust purposes. 1 - 38 John O'Toole, MPP, Durham, advising Council of his F21.GE correspondence to The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, in response to the Municipality of Clarington's resolution regarding their support of the City of Vaughan's position on the Municipal Property Assessment Corporation and Current Value Assessment Process. Mr. O'Toole states we need to revisit, but not eliminate the new assessment system. 1 - 39 John O'Toole, MPP, Durham, supplying Council with a copy of F21.GE correspondence from The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, in response to the Municipality of Clarington's resolution regarding Municipal Property Assessment Corporation and Current Value Assessment Process. The Minister has forwarded the resolution to The Honourable Greg Sorbara, Minister of Finance for his consideration. 1 - 40 Liz Dowdeswell, President, Nuclear Waste Management D02.GE Organization, providing a copy of correspondence to the Canadian Association of Nuclear Host Communities regarding peer review funding to assist the municipalities in their review and commentary on the NWMO work and work products. NWMO anticipate the • release of their next discussion document/technical papers late this summer. ' Council Minutes - iz- September 13, 2004 COMMUNICATIONS 1 - 41 The Honourable Dwight Duncan, Minister of Energy, writing to the D02.GE Canadian Association of Nuclear Host Communities regarding nuclear energy and assures Council of the important role they play in Ontario's electricity supply mix. Nevertheless, any discussions concerning change to our nuclear fleet would have to involve careful consideration of a wide range of operating, financial and environmental issues. There is a need to refurbish, rebuild, replace or conserve 25,000 megawatts of generating capacity by 2020. 1 - 42 Glenn Sutton, Chair, Canadian Association of Nuclear Host D02.GE Communities, forwarding a letter from The Honourable Dwight Duncan, Minister of Energy regarding the Canadian Association of Nuclear Host Communities' resolution regarding nuclear Alerting practices. Nuclear safety is a top priority for the government and Ontario's nuclear operators. An important part of Ontario's safety and security planning is the provincial Emergency Response Plan and the Provincial Nuclear Emergency Response Plan developed and maintained by the Ministry of Community Safety and Correctional Services. 1 - 43 The Honourable Chris Bentley, Ministry of Labour advising they will H02.GE hold public consultations on how to end mandatory retirement for employees 65 and over to give Ontario workers the right to choose when to retire based on their lifestyles. Public consultations will be held on: - September 8, 2004 - Toronto September 10, 2004 - Hamilton - September 15, 2004 - Kingston - September 21, 2004 - Thunder Bay - September 22, 2004 - Sudbury - September 23, 2004 - Ottawa - September 28, 2004 - London September 29, 2004 - Windsor - September 30, 2004 - Toronto. 1 - 44 Judith Andrew, Vice President, Ontario Canadian Federation of D02.GE Independent Business providing Council with a copy of a recent study "The Real Deal on Municipalities" based on small/medium size enterprises and the need to change the funding of municipal governments and the nature of their relationship with other orders of government. • Council Minutes - 13 - September 13, 2004 COMMUNICATIONS 1 - 45 J.R. Powell, Chief Administrative Officer, Central Lake Ontario C06.CE Conservation, submitting the 2002 —2003 report on the Durham Region Coastal Wetlands-Baseline Conditions and Study Findings. 1 - 47 Wayne Arthurs, Parliamentary Assistant, Management Board of A04.GE Cabinet, inviting Council and Staff to attend the annual conference "Showcase Ontario" to be held September 13-15, 2004 at the Metro Toronto Convention Centre. Registration and further information is available on the website www.showcaseontario.com. 1 - 48 The Honourable John Gerretsen, Minister of Municipal Affairs and F09.GE Housing, forwarding the new publication, "Making Choices: A Guide to Service Delivery Review for Municipal Councillors and Senior Staff' to aid in improving the efficiency and effectiveness of the services they deliver and find better ways to manage expenditures. This document may be downloaded at the ministry's website at www.mah.gov.on.ca. 1 - 51 Association of Municipalities of Ontario, advising of their support of TO8.GE the expansion of red light cameras throughout Ontario. The government is showing confidence in Ontario municipalities, by giving them the tools needed to serve and protect their citizens. 1 - 53 Carl Isenburg, President & Chief Administrative Officer, Municipal F22.GE Property Assessment Corporation, writing in response to municipalities resolutions regarding Ontario's current value assessment system and the Municipal Property Assessment Corporation's service. The following concerns are under review: - Public relations; - Products and services delivery; - Supplementary assessments; - Severances and consolidations; - Property transfers; - Ontario property assessment system database; - Municipal Enumeration; and - Staffing. Council Minutes - 14 - September 13, 2004 • COMMUNICATIONS 1 - 54 The Honourable John Gerretsen, Minister of Municipal Affairs and E05.GR Housing forwarding a copy of the final recommendations of the Greenbelt Task Force to the Ontario government on achieving permanent greenbelt protection in the Golden Horseshoe. 1 - 55 Janet Georgieff, Executive Director, The Community Foundation of M02.GE Durham Region, submitting the 2003 Annual Report for "The Community Foundation of Durham Region". The Foundation will experience a milestone, as it celebrates its 10th anniversary and is building a legacy for the citizens of Durham Region. 1 - 56 Ernie Roberts, on behalf of seniors and low income residents, F22.GE stating his concern of his tax increase in the amount of $240.00. 1 - 57 Karen Monaghan, Communications, Lakeridge Health, advising of S08.GE plans for the future, as outlined in the "Lakeridge Health Strategic Plan". The plan is both ambitious and necessary. It prepares them for the significant healthcare challenges that lie ahead and renews their commitment to provide high quality, compassionate hospital services Durham residents need now and in the future. 1 - 58 Karen Monaghan, Communications, Lakeridge Health, announcing S08.GE the 12 community members of the Lakeridge Health — North Durham Community Council as follows: - Roberta Coulson, Sunderland - Barbara Dobie, Sunderland - Gary Edgar, Port Perry - Bill Eulf, Port Perry - Kent Farndale, Port Perry - Rodd Foster, Greenbank - David P. Frew, Nestleton - C. Edward Griffen, Port Perry - Howard Hall, Port Perry - Colin L. Kemp, Nestleton - Ian J. MacKinnon, Port Perry - Malcolm J. Reeve, Port Perry. 1 - 59 John O'Toole, MPP, Durham, advising Council of his F21 .GE correspondence to The Honourable Greg Sorbara, Minister of Finance, in response to the Municipality of Clarington's resolution regarding payment for railway rights of way and is requesting an update on railway right of way revenue and taxation from the Minister. • Council Minutes - 15 - September 13, 2004 COMMUNICATIONS 1 - 60 The Honourable Leona Dombrowsky, Minister of Environment, E05.GE advising that an advisory panel has been formed to recommend ways of improving the province's environmental assessment process as part of their commitment to create clean and livable communities. The panel will look at approaches to improving the environmental assessment process for waste management facilities, transit and transportation projects, and clean energy facilities. I - 1 Fred & Sandy Archibald, on behalf of Archibald Orchards & Estate M02.GE Winery Ltd. and Big Brothers/Sisters of Clarington, thanking Council for their support of the 5th Annual Fruit Wine & Food Festival. Resolution #C-402-04 Moved by Councillor Trim, seconded by Schell THAT Correspondence Item I — 1 be received for information. "CARRIED" 1 - 10 Minutes of the Clarington Museums and Archives Board meeting 1 - 11 dated June 9, 2004 and June 22, 2004. C06.CL Resolution #C-403-04 Moved by Councillor Trim, seconded by Schell THAT Correspondence Items I — 10 and I — 11 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" Council Minutes - 16- September 13, 2004 COMMUNICATIONS 1 - 15 Minutes of the Samuel Wilmot Nature Area Management Advisory C06.SA Committee meeting dated August 10, 2004. Resolution #C-404-04 Moved by Councillor Trim, seconded by Schell THAT Correspondence Item I — 15 be received for information. "CARRIED" 1 - 21 Patty A. Finch, Manager of Charitable Giving, PETsMART F11 .GE Charities, advising that PETsMART Charities of Canada Grant Committee is offering the Clarington Animal Shelter a $10,000.00 grant and considers the shelter to be an important partner in mutual efforts to end euthanasia and provide all pets with a lifelong, loving home. Resolution #C-405-04 • Moved by Councillor Trim, seconded by Schell THAT Correspondence Item I — 21 be received for information. "CARRIED" 1 - 26 Spencer Hutchison, Director of Planning Services, Municipality of C10.MO Port Hope advising that the following resolution regarding the Official Plan Amendment No. 9, parts of Lots 31, 32, 33, 34 & 35, Concession 1 and 2, Marydale Park Road/Stacey Road/Webster Road was passed on June 21, 2004: "WHEREAS a Public Meeting was held Monday, June 21, 2004 to consider an Official Plan Amendment (OPA 9) to the Ward 2 Official Plan for Part of Lots 31 through 34 in Concession 1 and part of Lots 32 and 33 in Concession 2, known as the Tucker Creek Application, File No. 2.D.16; • Council Minutes - 17 - September 13, 2004 COMMUNICATIONS WHEREAS the applicant is seeking approval of an Official Plan Amendment to permit a lifestyle community consisting of a golf course, 350 grade related units, a hotel or inn limited to a maximum of 100 guest rooms, as well as limited retail and service commercial uses to serve the residents and golf course development; AND WHEREAS Council have reviewed the Planning Report from Sorensen Gravely Lowes, dated June 21, 2004 and concur with the recommendation of the Planning and Development Committee to support Option 2 of the report; NOW THEREFORE BE IT RESOLVED THAT the proposed Official Plan Amendment Nine (OPA 9) to the Ward 2 be denied as Council for the Municipality of Port Hope is not supportive of this development proposal." Resolution #C-406-04 Moved by Councillor Trim, seconded by Schell • THAT Correspondence Item I — 26 be received for information. "CARRIED" 1 - 32 Minutes of the Clarington Agricultural Advisory Committee meeting C06.CL dated June 10, 2004. Resolution #C-407-04 Moved by Councillor Trim, seconded by Schell THAT Correspondence Item I — 32 be received for information. "CARRIED" ' Council Minutes - is - September 13, 2004 COMMUNICATIONS 1 - 36 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, C10.MO advising that at a meeting held on July 7, 2004 their Council passed the following resolution regarding the Request to the Province to Amend the Development Charges Act, 1997 (2004-F-57): "THAT the Provincial Minister of Municipal Affairs and Housing be requested to undertake the following: a) Amend the Development Charges Act, 1997 to allow: i) municipalities to adopt service levels that have been experienced at any point in the prior 10 years and not the average level of service as required under the current Act; ii) the removal of the statutory 10% deduction required in the Development Charges rate calculation for Emergency Medical Services and Homes for the Aged, consistent with the methodology as allowed for Fire and Police services; iii) the imposition of development charges for hospitals that would not require proportional cost sharing from municipal property taxes, but would provide funding for growth-related capital projects; iv) municipalities to impose development charges for all municipal services (eg. waste management services and administration facilities) and the growth-related capital requirements of Conservation Authorities; and v) municipalities to recover the cost of oversizing municipal infrastructure; b) Involve the municipal sector in these and any subsequent amendments to the Development Charges Act; and c) THAT a copy of this resolution be forwarded to the Premier of Ontario, Durham Region MPPs, the Minister of Municipal Affairs and Housing, the Minister of Finance, AMO and the area municipalities within Durham Region." • Council Minutes - 19- September 13, 2004 • COMMUNICATIONS Resolution #C-408-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Regional Municipality of Durham regarding the request to the Province to Amend the Development Charges Act, 1997 be endorsed by the Council of the Municipality of Clarington. "CARRIED" 1 - 46 Des Steel, Chairman, Reunion Committee, Royal Canadian Naval M04.GE Association, commending the Municipality of Clarington's arena staff, with special mention of Mark Sutherland and his staff, for their very special help in contributing to the success of the 50th Annual Reunion held in May, 2004. All, without exception, were truly magnificent and he extends their most sincere gratitude for a job well done. • Resolution #C-409-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Mark Sutherland, Facilities Supervisor, and the arena staff of the Municipality of Clarington be congratulated on a job well done in the preparations for the Royal Canadian Naval reunion. "CARRIED" 1 - 49 Pat M. Madill, Regional Clerk, Regional Municipality of Durham, C10.M0 advising that at a meeting held on July 7, 2004 their Council passed the following resolution regarding a Policy for the Reimbursement of Employees and Councillors for Legal Expenses incurred in Responding to and Defending Statutory Prosecutions (2004-F-59): "a) THAT the Region of Durham adopt a Legal Expense Indemnity Policy that provides for the reimbursement of legal expenses incurred or fines assessed by/to a Regional Employee or Councillor in defending themselves from a statutory prosecution, provided that the Employee/Councillor acted in good faith, and within • the scope of their responsibilities; • Council Minutes - 20- September 13, 2004 COMMUNICATIONS b) THAT the Legal Expense Indemnity Policy be restricted to expenses incurred or fines payable pursuant to statutory prosecutions as that term is defined herein, or professional disciplinary proceedings by a body that regulates, under statutory authority individuals who provide professional services to the Region, and not apply to proceedings under the Criminal Code or Highway Traffic Act, Civil Litigation proceedings, or Conflict of Interest proceedings; c) THAT employees whose conduct is being investigated by a regulatory agency, or a body that regulates, under statutory authority the activities of individuals who provide professional services to the Region, or who have been charged with a Statutory offence related to their work duties be entitled to be reimbursed up to a maximum of $3,000 for the purpose of seeking independent legal advice in connection therewith; and • d) THAT a copy of Report #2004-F-59 be forwarded to the eight area municipalities for their information." Resolution #C-410-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I —49 be received for information; and THAT the Director of Finance/Treasurer bring information forward in memo form. "CARRIED" 1 - 50 The Honourable Harinder Takhar, Minister of Transportation, T08.GE advising Council that Bill 149, the Red Light Cameras Pilot Projects Extension Act, 2002 was amended on August 1, 2004 to allow permanent use of red light cameras by designated municipalities. The results of the safety evaluation have demonstrated the red light cameras show a significant safety benefit and a tool municipalities can use to address local road safety issues. Municipalities • Council Minutes - 21 - September 13, 2004 • COMMUNICATIONS participating in the red light camera program will sign operational agreements with the province, which include signage at red light camera intersections, municipally-led public awareness campaigns on red light running, on-going data gathering and monitoring and reimbursement of provincial costs. Resolution #C-411-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I — 50 be received for information; and THAT the Director of Engineering report back to Council on other municipalities similar to Clarington for comparison purposes. "CARRIED" 1 - 52 The Honourable Harinder Takhar, Minister of Transportation, T08.GE informing Council that the 2004 Ontario Transit Vehicle Program • (OTVP) is confirming the first component of its 2004 transit capital program for conventional transit and specialized transit service for person with disabilities. The province will provide funding of up to one-third of eligible capital cost incurred by municipalities to renew or refurbish transit vehicles, or purchase vehicles to expand their transit fleets. Municipalities will be advised of the necessary reporting and financial payment process by staff from the MTO's Transit Policy and Programs Office. Resolution #C-412-04 Moved by Councillor Trim, seconded by Councillor Schell THAT pursuant to the Ontario Transit Vehicle Program — Guidelines and Requirements (the "Guidelines and Requirements"), the Council of the Corporation of the Municipality of Clarington, hereby request an allocation of vehicle program funding for the year 2004, for transit vehicles for physically disabled persons in the amount of $27,000.00. Council Minutes - 22- September 13, 2004 • COMMUNICATIONS THAT the Council of the Corporation of the Municipality of Clarington understands and agrees that the said funding shall be expended in accordance with the Guidelines and Regulations. A detailed estimate of how the allocation is proposed to be spent is attached hereto. THAT furthermore, by submitting this request for an allocation of vehicle program funds, the Council of the Municipality of Clarington acknowledges and agrees that the Corporation of the Municipality of Clarington shall be bound by all terms and conditions set out in the Guidelines and Requirements. "CARRIED" Resolution #C-413-04 Moved by Councillor Robinson, seconded by Councillor Foster THAT the foregoing Resolution #C-412-04 be amended by adding . the following wording thereto: "THAT the funds be forwarded to the Director of Finance/Treasurer." The foregoing Resoultion #C-412-04 was then put to a vote and CARRIED AS AMENDED. Resolution #C-414-04 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the Correspondence Items be approved as per the agenda, with the exception of Items D — 5, D — 6, D — 7, D — 10 and D — 20 to D —43, inclusive. "CARRIED" • Council Minutes - 23 - September 13, 2004 • COMMUNICATIONS D - 1 Marolyn Morrison, Mayor, Town of Caledon, submitting a report and E05.GR discussion paper "Towards a Golden Horseshoe Greenbelt" representing the Town of Caledon's recommendations to the Task Force in the Greenbelt legislation. (Correspondence referred to the Director of Planning Services) D - 2 Ian Wheelband, Chair, Light Pollution Abatement Committee and T01 .GE Michael Cox, President, The Durham Region Astronomical Association, requesting Council to: 1 . Produce a guideline, outlining that good outdoor lighting benefits everyone by improving the night time aesthetic quality of neighbourhoods, increasing public safety, and reducing energy waste (costs) and the production of greenhouse gases) for broad circulation and benefit residents and the development industry; 2. Incorporate in its Official Plan, outdoor lighting provisions that would address light pollution; • 3. Enact a by-law pursuant to Section 129 (1) of the Municipal Act that would give the Municipality the necessary powers to regulate outdoor lighting levels and appropriate lighting fixtures; 4. Embark on a program to replace street lights; and 5. Support better street lighting along Regional Roads. (Correspondence referred to the Director of Planning Services) D - 3 G. Glenn Case, Director, Port Hope Area Initiative, Atomic Energy E07.GE of Canada Limited, submitting to municipal, provincial, and federal regulators, a draft of the "Discussion Document on Cleanup Criteria Development for the Port Hope Area Initiative" which presents draft cleanup criteria. Comments are to be submitted by September 22, 2004. Also, is a draft of the "Principles for the Development of Cleanup Criteria for the PHAI" developed by municipal representatives and the Low Level Radioactive Waste Management Office. (Correspondence referred to the Director of Planning Services and the Port Granby Project Peer Review Team) • Council Minutes - 24- September 13, 2004 COMMUNICATIONS D - 4 Michael Patrick, Chairman, CBOT Economic Development D02.GE Committee, Clarington Board of Trade advising Council of the economic development activities they feel should be established as first priority actions based on the surveys, studies and consensus as follows: Priority #1 Lack of Serviced Industrial Areas; Priority #2 Clarington's Economic Identity & Image; and Priority #3 Targeting Energy-Related Generation & Conservation Industries. The Board of Trade recommends a sub-committee consisting of representatives of the CBOT Economic Development Committee and appropriate Municipal management be formed to implement various projects. (Correspondence referred to the Chief Administrative Officer) D - 8 Lorraine Knowles, Vice Principal, Courtice Secondary School, • M02.GE requesting approval to hold a Terry Fox Run on Wednesday, September 29, 2004 from 9:30 a.m. — 11:00 a.m (rain date — Thursday, September 30, 2004). The event is approximately 7.5 kilometres and will commence at the school located on Tooley's Road, and proceed west on Nash Road, Courtice. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 9 Jean Graham, Chairperson, Newcastle Lions Club, requesting M02.GE approval to hold their 10`h Annual Walk on Saturday, October 2, 2004 commencing at 9:00 a.m. at the Community Hall. All money pledged goes to providing Dog Guide Teams to assist the blind, deaf and physically challenged. (Proclaimed and approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) • • Council Minutes - 25 - September 13, 2004 COMMUNICATIONS D - 11 Tricia Dallaway, Durham Region Health Department, on behalf of M02.GE the Injury Prevention Program, requesting the proclamation of the week of November 15 - 21 , 2004 as "Drug Awareness Week" to help raise awareness regarding substance use. (Proclaimed) D - 12 Yvonne Kurz, Public Health Nurse, Injury Prevention Program, Safe M02.GE Homes Safe Play, Regional Municipality of Durham, requesting the proclamation of the week of October 4 - 10, 2004 as "Safe Homes for Children" to ensure every child in Durham Region 0-6 years of age reaches their full developmental potential, injury free. (Proclaimed) D - 13 Susan Shetler, Founder, President, Durham Region Canadians M02.GE Addressing Sexual Exploitation, requesting the proclamation of the week of October 17 - 24, 2004 as "White Ribbon Week" to increase public awareness on the harmful effects of pornography (particularly child pornography) in our society. (Proclaimed) D - 14 Laurie Bray, Public Health Nurse, Regional Municipality of Durham, M02.GE requesting the proclamation of September 2004 as "Invite Us Along!" vegetables and fruit month. Recent statistics indicate that only 34% of Durham Region residents consume the recommended servings of vegetables and fruit per day as outlined by Canada's Food Guide. (Proclaimed) D - 15 Harvey Starkman, Vice President, Toronto Residents in M02.GE Partnership, requesting the proclamation of the month of June 2005 as "Elder Abuse Awareness Month". Toronto Residents In Partnership has taken up the challenge to have municipalities recognize the signs and the consequences of Elder Abuse. (Proclaimed) D - 16 The Honourable Judy Sgro, Minister of Citizenship and M02.GE Immigration, requesting the proclamation of the week of October 18 — 24, 2004 as "Canada's Citizenship Week". This event is a time to explore the nature of Canadian citizenship and the underlying values of respect, freedom and belonging that bring us together and make Canada such a great country to live in. • (Proclaimed) . Council Minutes - 26- September 13, 2004 COMMUNICATIONS D - 17 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of M02.GE Clarington, requesting the proclamation of the month of September, 2004 as "Mentoring Month". Big Brothers & Sisters is Canada's leading child and youth mentoring organization. (Proclaimed) D - 18 Stephanie Miskew, Project Coordinator, Durham's Child Nutrition M02.GE Project, requesting the proclamation of the month of September, 2004 as "Breakfast for Learning Month" to increase awareness of the importance of child nutrition as it relates to learning. (Proclaimed) D - 19 Brad Graham, Assistant Deputy Minister, Smart Growth Secretariat, D02.GR Ministry of Public Infrastructure Renewal, providing the government's discussion paper and CD on the plan for growth and economic expansion in the Greater Golden Horseshoe "Places to Grow: Better Choices. Brighter Future. A growth plan for the Greater Golden Horseshoe". • (Correspondence referred to the Director of Planning Services) D - 5 Barb Hiff, Executive Director, Distress Centre, Durham requesting a F11 .GE municipal grant/contributions to support the Distress Centre Durham "Wish List" to aid in the expansion of crisis and support services to meet the communities needs. Resolution #C-415-04 Moved by Councillor Robinson, seconded by Councillor Foster THAT the Correspondence Item D — 5 be referred to the Director of Community Services. "CARRIED" • Council Minutes - 27 - September 13, 2004 • COMMUNICATIONS D - 6 Detective Craig Greentree, #299, Durham Regional Police Service, F11.GE requesting a municipal grant in the amount of $300.00, to cover rental cost of the 2 ball diamonds, Garnet B. Rickard Recreation Complex, to support the 4th Annual Luke's Place Charity Baseball Tournament. Resolution #C-416-04 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the request of Detective Craig Greentree for a grant to support the 4 h Annual Luke's Place Charity Baseball Tournament be approved in the amount for $300.00. "CARRIED" D - 7 R.T. Parker, Bowmanville, advising Council of their concern of E05.GE noise pollution in regards to the use of train whistles by CP Rail at the Scugog Street crossings and is a particular problem for people • with children or that in are poor health. Resolution #C-417-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Mr. Parker be forwarded a copy of Report WD-033-2001 and advised of the Transport Canada brochures available regarding this matter. "CARRIED" D - 10 Kim Coates, Clerk, Township of Scugog, advising Council that the C10.MO report "Proposal for the Protection of the East Cross Forest" was endorsed by both their Council and Regional Council. They are requesting the Municipality of Clarington endorse the Task Force's • Council Minutes - 28 - September 13, 2004 • COMMUNICATIONS report and appoint a representative to participate as part of a multi- jurisdictional team responsible for implementing their recommendations. Resolution #C-418-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the resolution from the Township of Scugog regarding the "Proposal for the Protection of the East Cross Forest" be endorsed by the Municipality of Clarington; and THAT Councillor Jim Schell and Tony Cannella, Director of Engineering Services be appointed as Representatives on the Task Force. "CARRIED" D - 20 George Vadeboncoeur, President, Ontario Municipal Management • M04.GE Institute, requesting Council to congratulate Fred Horvath, Director of Operations on his designation as a Certified Municipal Manager III. Accredited members include all levels of management from front-line supervisors to Department Heads and CAD's in the local government sector. Resolution #C-419-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D — 20 be received for information and that the Director of Operations be congratulated. "CARRIED" D - 21 Morris O'Reilly, stating a concern regarding garbage and energy. E07.GE He suggests utilizing the oil fired Wesleyville generating site, which has never been used due to the 1't oil shortages in the 1970's, convert the site into a giant incinerator that could handle up to 3,000,000 tons of garbage yearly and generate electricity as by product. The Highway 401-cloverleaf, existing electrical transmission lines, and the railway lines service the site. Smoke • stack scrubbers would remove the pollutants. This would be a better and more ecologically sound method of dealing with garbage rather than sending it to landfills in Michigan, New York or other Ontario sites. Council Minutes - 29 - September 13, 2004 • COMMUNICATIONS Resolution #C-420-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D — 21 be referred to the Works Department of the Regional Municipality of Durham. "CARRIED" D - 22 Ian Macnab, Chief Administrative Officer, Kawartha Conservation, C06.KA advising Council that at a meeting held on July 21, 2004 the Board of Directors of Kawartha Conservation passed the following resolution regarding Provincial Transfer Payments: "Resolved, that, Kawartha Conservation endorses the Conservation Ontario report entitled "Submission to the Minister of Natural Resources; Re-investment in Ontario's Conservation Authorities by the Province of Ontario — Now and In the Future"; and • THAT the report be circulated to watershed municipalities and MPP's for endorsement." Resolution #C-421-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the resolution from Kawartha Conservation regarding Provincial Transfer Payments be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 23 Ian Macnab, Chief Administrative Officer, Kawartha Conservation, C06.KA advising Council that at a meeting held on July 21, 2004 the Board of Directors of Kawartha Conservation passed the following resolution regarding Source Protection Planning Legislation: "RESOLVED THAT the Conservation Ontario reports on source protection planning and legislation be received for information; and, • • ` Council Minutes - 30- September 13, 2004 COMMUNICATIONS THAT Kawartha Conservation supports in principle the proposed source protection legislation and the role proposed for conservation authorities, provided that total and sustained funding is available to fulfill conservation authority responsibilities; and, THAT a copy of this resolution be sent to AMO and ROMA; and, FURTHER THAT Kawartha Conservation seek support from all watershed municipalities for this resolution." Resolution #C-422-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the resolution from Kawartha Conservation regarding Source Protection Planning Legislation be endorsed by the Council of the Municipality of Clarington. • "CARRIED" D - 24 Mary Ellen Greb, Deputy Clerk-Treasurer, Township of South-West C10.M0 Oxford, advising Council that at a meeting held on August 3, 2004 Council passed the following resolution regarding Municipal Outlet Drainage Program (Drainage Act): "WHEREAS municipalities and land owners of rural Ontario have demonstrated confidence in the Municipal Outlet Drainage Program (Drainage Act) by making use of the program for constructing, improving, maintaining and repairing Municipal Drains that improve the quality of land and waterways within the Province of Ontario; AND WHEREAS the Municipal Outlet Drainage Program allows all parties to take a proactive approach to Drainage in the province of Ontario and reduce liability exposure caused by flooding on private lands and roads; AND WHEREAS the Municipal Outlet Drainage Program has encouraged Ontario farmers to become expert managers of • not only the food producing land but also the resources that surround that farmland; • Council Minutes - 31 - September 13, 2004 COMMUNICATIONS AND WHEREAS the drainage of agricultural land is an essential part of our $25 billion food economy; AND WHEREAS the Municipal Outlet Drainage (MOD) and the Tile Loan programs must co-exist, as tile drainage of land can only take place where there is an adequate municipal drain outlet to carry the water away; AND WHEREAS the agricultural drainage systems in Ontario have contributed significantly to providing habitat for fish where that habitat previously did not exist and have also provided societal benefits by enhancing fisheries, wildlife, recreation and water quality; NOW THEREFORE BE IT RESOLVED that the Premier Dalton McGuinty and the Members of Provincial Parliament be called upon to reverse the decision to phase out the grants under the Municipal Outlet Drainage (MOD) program and to reinstate the program effective immediately; • AND FURTHER that this resolution be circulated to Premier Dalton McGuinty, Steve Peters, Minister of Agriculture and Food and all Ontario Municipalities for their consideration." Resolution #C-423-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution from the Township of South-West Oxford regarding the Municipal Outlet Drainage Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 25 Rosaline Graham, Clerk, Municipality of Kincardine, advising C10.MO Council that at a meeting held on August 4, 2004 their Council passed the following resolution regarding Municipal Outlet Drainage Program (Drainage Act): ,WHEREAS the Ministry of Agriculture and Food for the Province of Ontario has determined that it is phasing out • grants under the Municipal Outlet Drainage (MOD) program; • Council Minutes - 32 - September 13, 2004 COMMUNICATIONS AND WHEREAS the MOD program is a key public service; AND WHEREAS insufficient notice was given to all stakeholders by the Province of Ontario in regard to phasing out this key public service; AND WHEREAS the phasing out of the MOD program will result in undue hardship on rural municipalities and the farming community within the Province of Ontario; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Kincardine strongly urges the Provincial Government to reconsider its position to phase out the Municipal Outlet Drainage Program; AND FURTHER THAT this resolution be forwarded to the office of the Premier, the Minister of Agriculture and Food, the County of Bruce, MPP Carol Mitchell, the Association of Municipalities of Ontario, and all rural municipalities in Ontario for support." Resolution #C-424-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution from the Municipality of Kincardine regarding the Municipal Outlet Drainage Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 26 Andrea Rivest, Clerk, Town of Lakeshore, advising that at a C10.MO meeting held on August 9 - 10, 2004 their Council passed the following resolution regarding the Municipal Outlet Drainage Program: "WHEREAS the Governments of Canada and Ontario recently announced the signing of a Letter of Intent to fund municipal rural infrastructure in small urban centers and rural municipalities through the Canada- Ontario Municipal Rural Infrastructure Fund; Council Minutes - 33 - September 13, 2004 • COMMUNICATIONS AND WHEREAS the Minister of Municipal Affairs and Housing recently announced that the Provincial government has introduced legislation to enshrine a Memorandum of Understanding with AMO to amend the Municipal Act to guarantee consultation with municipalities on matters that affect municipal governments and to provide a strong foundation for discussions towards ensuring that municipalities have a face at the table of federal/provincial discussions that will affect our communities. This historic bill is meant to enshrine in legislation the principle of meaningful and informed consultation between the Province and Ontario's municipal governments and minimize or prevent unintended consequences to the taxpayer. Minister of Municipal Affairs and Housing John Gerretsen has stated that "the government is committed to working with municipalities - not against them - to build stronger, more self-reliant communities that offer Ontarians a higher quality of life. This legislation would be the cornerstone of a new partnership between the Province and municipalities. Ontarians depend on municipalities to play a key role in • building strong, safe and livable communities. The memorandum of understanding gives municipalities a say on provincial plans that would affect their ability to get the job done ". AND WHEREAS the proposed amendment to the Municipal Act reads as follows: "The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest, and consistent with this principle, the Province shall consult with municipalities in accordance with a Memorandum of Understanding entered into between the Province and the Association of Municipalities of Ontario ". AND WHEREAS on July 27, 2004 notification was received from the Ministry of Agriculture and Food that the provincial government is phasing out grants under the Municipal Outlet Drainage Program; AND WHEREAS the Province of Ontario has provided grants on agricultural drainage projects under provincial legislation since "The Provincial Aid to Drainage Act" passed in 1937; • Council Minutes - 34- September 13, 2004 • COMMUNICATIONS AND WHEREAS this decision was made without consultation with key stakeholders, input from the public, nor prior warning contrary to previous commitments towards strengthening provincial-municipal partnerships through the Memorandum of Understanding with AMO; AND WHEREAS municipal drainage systems form a key and integral part of rural road infrastructure in the Province of Ontario, and in particular Southwestern Ontario; AND WHEREAS elimination of the MOD grant program is contrary to the Nutrient Management Act for which $20 billion has been budgeted for administration and implementation of regulations that relate to surface and subsurface water quantity, quality control, and monitoring and will result in difficulties in implementing and administering the program; AND WHEREAS elimination of the MOD grant program will be critically detrimental and lead to the deterioration of municipal drainage infrastructure in the Province, is not in • the best interests of the public, and will result in negative environmental impacts; AND WHEREAS elimination of the MOD grant program will result in additional cost for drainage being passed on to the agricultural community which will create a significant cost burden and negatively impact productivity and land management practices; AND WHEREAS the select Committee on Farm Drainage in 1948, the Select Committee on Conservation in 1950, and the Select Committee on Land Drainage in 1974 all recommended that financial assistance was a critical aspect of drainage infrastructure management and should be continued by the Province; AND WHEREAS elimination of the MOD grant program will result in the deterioration of a very extensive infrastructure of open drains, tile drains, dykes, dams, pumps, bridges, reservoirs and associated facilities exactly at a point in time when senior governments are concerned about urban infrastructure reconstruction, and will also have negative impacts on the development community in the establishment of systems which will ultimately outlet to municipal drains; Council Minutes - 35 - September 13, 2004 COMMUNICATIONS AND WHEREAS the Drainage Act has been an effective key piece of legislation that has played an integral role in assisting farmers in sustaining and enhancing drainage schemes and improving crop outputs during difficult and challenging times for the agricultural community; AND WHEREAS the costs associated with funding the MOD grant program are very small and the benefits and effectiveness of provincial, municipal and private sector involvement in the program are very high. NOW THEREFORE BE IT RESOLVED that the Corporation of the Town of Lakeshore hereby petitions the Province of Ontario to immediately reinstate the Municipal Outlet Drainage grant program and to uphold its prior commitments to rural municipalities of Ontario; AND BE IT FURTHER RESOLVED that a copy of this resolution be circulated to the Minister of Agriculture and • Food, the Minister of Municipal Affairs and Housing, members of Provincial parliament, the Association of Municipalities of Ontario, the Rural Ontario Municipal Association, the Canadian Federation of Agriculture, the Ontario Federation of Agriculture and to all municipalities in Ontario for their endorsement and support." Resolution #C-425-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution from the Town of Lakeshore regarding the Municipal Outlet Drainage Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" Council Minutes - 36- September 13, 2004 COMMUNICATIONS D - 27 Kriss Snell, Clerk, Town of North Perth, advising that at a meeting C10.1V0 held on August 9, 2004 their Council passed the following resolution regarding the Municipal Outlet Drainage Program: "WHEREAS without consultation or any advance warning the Ontario Ministry of Agriculture and Food (OMAF) announced its intention "to phase out grants under the Municipal Outlet Drainage program (MOD);" AND WHEREAS municipal drains are a critical part of the rural infrastructure; AND WHEREAS municipalities have been able to use the MOD program funding to respond to farmer's requests for a new drain, improvements or maintenance to an existing drain; AND WHEREAS the entire costs of municipal drain projects will now be absorbed by the farmers, many of whom are already experiencing financial hardship from circumstances beyond their control; THEREFORE BE IT RESOLVED THAT the Council of the Town of North Perth hereby request the Minister of Agriculture and Food, Hon. Steve Peters to reinstate the Municipal Outlet Drainage program; AND FURTHER THAT a copy of this resolution be forwarded for action to John Wilkinson, M.P.P. Perth-Middlesex; and for information to Ontario Federation of Agriculture, Perth County Federation of Agriculture; National Farmers Union, Christian Farmers Federation of Ontario and for endorsement to the Rural Ontario Municipal Association (ROMA), Association of Municipalities of Ontario (AMO), and all municipalities in Ontario." Resolution #C-426-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution from the Town of North Perth regarding the Municipal Outlet Drainage Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" Council Minutes - 37 - September 13, 2004 COMMUNICATIONS D - 28 Linda Burling, Clerk, Town of Kingsville, advising that at a meeting C10.MO held on August 9, 2004 their Council passed the following resolution regarding Municipal Outlet Drainage Program: "WHEREAS, the Provincial Government announced on July 27, 2004 the elimination of agricultural grants previously available by way of the Municipal Outlet Drainage Program, effective July 28, 2004; AND WHEREAS, the Municipal Outlet Drainage Program has played an integral role in assisting the farming community in ensuring efficient and effective drainage throughout the Province of Ontario; AND WHEREAS, the elimination of the Municipal Outlet Drainage Program will adversely affect the agricultural industry, in light of the difficult and challenging times facing the agricultural community; AND WHEREAS, the construction, improvement, maintenance and repair of municipal drains may be delayed or ended, due to lack of financial assistance, and which may ultimately result in flooding and poor productivity. NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE TOWN OF KINGSVILLE requests the Provincial Government, in consultation with The Minister of Agriculture and Food, to reconsider this decision and reinstate the Municipal Outlet Drainage Program; AND FURTHER THAT this resolution be circulated to The Honourable Dalton McGuinty, Premier of the Province of Ontario, Local Members of Provincial Parliament, Mr. Charles Lalonde, Director, Ministry of Agriculture and Food, All Municipalities in the Province of Ontario, Rural Ontario Municipal Association and Association of Municipalities of Ontario stressing the importance of and need for the continuation of Grant Programs offered by the Municipal Outlet Drainage Program. " Council Minutes - ss - September 13, 2004 COMMUNICATIONS Resolution #C-427-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution from the Town of Kingsville regarding the Municipal Outlet Drainage Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 29 Kriss Snell, Clerk, Town of Perth, advising that at a meeting held C10.MO on August 9, 2004 their Council passed the following resolution regarding Bovine Spongiform Encephalopathy: "WHEREAS the Bovine Spongiform Encephalopathy (BSE) Crisis in Canada is still ongoing for the frontline producers in the red meat industry; AND WHEREAS there is no indication that the United States' border will be open to Canadian red meat in the foreseeable future; AND WHEREAS the red meat producers have experienced devastating financial losses to the point where the production of red meat in Canada is in jeopardy; AND WHEREAS rural communities across Canada are suffering the synergistic effects of the red meat industry's destruction; NOW THEREFORE the Council of the Town of North Perth petition the Association of the Municipalities of Ontario (AMO) to appeal to both provincial and federal levels of government to: 1. Provide financial support directly to the red meat producers who are experiencing unbearable financial losses in order to sustain the red meat industry in Canada. 2. Continue to negotiate with the United States and other countries for the export of Canadian red meat. AND FURTHER THAT this resolution be circulated to the • Federal and Provincial Ministers of Agriculture, local MP and MPP, County of Perth, other Perth County municipalities, OFA, CFFO, NFU, ROMA and OSUM." Council Minutes - 39- September 13, 2004 COMMUNICATIONS Resolution #C-428-04 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D — 29 be referred to the Clarington Agricultural Advisory Committee. "CARRIED" D - 30 Michel Morrissette, Clerk Administrator, Town of Iroquois Falls, C10.MO advising that at a meeting held on May 31, 2004 their Council passed the following resolution regarding the Provincial Gas Tax: "WHEREAS the McGuinty Government introduced its first Budget on Tuesday, May 18, 2004, and; WHEREAS in this budget, the government will dedicate 1 .0 cent per litre of provincial gas tax for public transit beginning October 2004 and increasing to 2.0 cents per litre • in October 2006, and WHEREAS this new money will only be available to those municipalities that operate a public transit system, and; WHEREAS for decades, Ontario municipalities have been requesting the upper levels of Government to provide them with alternate sources of revenue to help them cope with deteriorating infrastructure and newly downloaded services, and; WHEREAS access to gas tax revenue, from both levels of government, would go a long way in providing local governments with the revenue it so desperately needs to start moving forward rather than backwards. NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Iroquois Falls hereby petitions the McGuinty Government to make the gas tax available to all Ontario municipalities and that funds be dispersed on a system such as equalized assessment to ensure fair distribution, and; Council Minutes - 40- September 13, 2004 COMMUNICATIONS BE IT FURTHER RESOLVED that this resolution be circulated to NEOMA, FONOM, AMO and all Ontario municipalities for support." Resolution #C-429-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT Correspondence Item D — 30 be received for information. "CARRIED" D - 31 W. Henry Sander, Director of Corporate Services, Township of C10.MO Severn, advising that at a meeting held on July 8, 2004 their Council passed the following resolution regarding the request for Provincial Funding Emergency Management Act: ,WHEREAS the Emergency Management Act has enacted the mandatory implementation of Emergency Management Programs for municipalities; AND WHEREAS the essential programs will incur additional expenses for municipalities in order to meet the requirements of the Act; NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Township of Severn hereby requests that the Fire Chief Don Warden, Sector Representative, petition the Provincial government on behalf of the municipalities of the Province of Ontario for funding with respect to this mandatory program; AND FURTHER THAT the Municipalities of Ontario be requested to support the recommendations submitted by the Provincial Advisory Committee to Emergency Management Ontario and the Provincial Government for funding of municipal emergency planning; AND FURTHER THAT this resolution of Council be circulated to all municipalities in the Province through the Association of Municipalities of Ontario for their consideration and endorsement." Council Minutes - 41 - September 13, 2004 • COMMUNICATIONS Resolution #C-430-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the resolution from the Township of Severn regarding the Provincial Funding Emergency Management Act be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 32 Debbie Shields, Supervisor of Administrative Services, Corporation C10.MO of the Town of Whitby, providing Council with the Planning Director's Report, Item 129-04, regarding the Establishment of Provincial Standards or Templates for Barrier Free Access. The report recommends Council support the Accessibility Advisory Committee by passing a resolution requesting the Province develop appropriate standards/templates so municipalities can define barrier free access in a manner consistent with the Ontarians with Disabilities Act. Resolution #C-431-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the resolution from the Town of Whitby regarding the Establishment of Provincial Standards or Templates for Barrier Free Access be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 33 Denise Labelle-Gelinas, City Clerk, Corporation of the Town of C10.MO Cornwall, advising that at a meeting held on July 12, 2004 their Council passed the following resolution regarding Ontarians with Disabilities Act — Special Funding: "WHEREAS the Ontarians with Disabilities Act was introduced in 2001 and all municipalities were required to prepare on an annual basis Accessibility Plan which Plan addresses, identifies and where possible remove all barriers to people with disabilities; and Council Minutes - 42- September 13, 2004 COMMUNICATIONS WHEREAS the Act also legislates municipalities to appoint Committees which may include municipal staff as resource personnel to help with the Plan process; and WHEREAS the legislation does not include any standard or guideline to be followed yet enforces municipalities to conduct whatever work is required to address all barriers within its municipal Assets; and WHEREAS due to the diverse disabilities of Committee Members, it has been recognized due to the amount of work involved, that there is a need for the municipality to identify a municipal coordinator who's specific task is to help and coordinate our requirements under the legislation; and where there presently is no provision of any funding to municipalities in order to accomplish its task. NOW THEREFORE BE IT RESOLVED THAT The Corporation of the City of Cornwall lobby the Province of Ontario (Ministry of Citizenship and Immigration) and the Association of Municipalities of Ontario to provide for Special Funding that will help municipalities to employ the staff needed to coordinate our requirement under the legislation and to set, as soon as possible, reasonable standards and guidelines for the advancement of the Ontarians with Disabilities Act; and NOW THEREFORE BE IT FURTHER RESOLVED THAT these standards and guidelines be consistent throughout the Province; and NOW THEREFORE BE IT FURTHER RESOLVED THAT a copy of this special resolution be sent to our Local M.P. MPP and all municipalities throughout Ontario for their assistance in petitioning our Provincial Government in obtaining funding and that they set consistent standards and guidelines across Ontario." • ' Council Minutes - 43 - September 13, 2004 COMMUNICATIONS Resolution #C-432-04 Moved by Councillor Trim, seconded by Councillor Foster THAT the resolution from the Corporation of the Town of Cornwall regarding the Ontarians with Disabilities Act be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 34 Catherine Axford, Executive Assistant to The Honourable Lincoln R01 .GE M. Alexander, Chairman, Ontario Heritage Foundation, inviting Council to participate in the Ontario Heritage Foundation's "Heritage Community Recognition Program 2004" to recognize individuals and small project groups who have made significant contributions to local heritage preservation. Recipients are individuals/groups who have made exception contributions to heritage preservation in their local areas. The deadline for nominations is Tuesday, October 12, 2004. Resolution #C-433-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Jeff Wills be nominated for the Heritage Community Recognition Program 2004 for his involvement in the Bowmanville Heritage Designation. "SEE FOLLOWING MOTION" Resolution #C-434-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT Jack Wordon be nominated for the Heritage Community Recognition Program 2004 for his involvement in the Massey Historical Society. "SEE FOLLOWING MOTION" . ' Council Minutes - 44- September 13, 2004 COMMUNICATIONS Resolution #C-435-04 Moved by Councillor Schell, seconded by Councillor Foster THAT Bill Humber be nominated for the Heritage Community Recognition Program 2004 for his involvement in the Old Bowmanville Neighbourhood Association. "SEE FOLLOWING MOTION " Resolution #C-436-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Newcastle Historical Society be nominated for the Heritage Community Recognition Program 2004 for their involvement in the Heritage programs.. "SEE FOLLOWING MOTION " Resolution #C-437-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT the nominations of Jeff Wills, Jack Worden, Bill Humber and the Newcastle Historical Society be referred to the Director of Planning Services to determine their eligibility. "CARRIED" D - 35 Carol 0. Trainor, Clerk/Deputy Treasurer, Town of Essa, advising C10.MO that at a meeting their Council passed the following resolution regarding Employment Rights of Fire Fighters: "WHEREAS municipalities that have both volunteer and composite fire departments rely on the skills and expertise of "double hatter firefighters" to provide fire protection services; • ` Council Minutes - 45 - September 13, 2004 COMMUNICATIONS AND WHEREAS there has been considerable pressure from the Fire Unions on double hatters to resign their volunteer positions; NOW THEREFORE BE IT RESOLVED THAT the Township of Essa strongly urges the Provincial Government to enact legislation which will protect the employment rights of double hatter fire fighters; AND THAT this Resolution be forwarded to all County of Simcoe municipalities; the Ministry of Community Safety and Public Services; Minister Arnott; MPP Jim Wilson, and the Association of Municipalities of Ontario for support." Resolution #C-438-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Town of Essa regarding the Employment Rights of Fire Fighters be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 36 Pat Kemp, Clerk/CAO, Township of Galway-Cavendish & Harvey, C10.M0 advising Council that at a meeting held on July 20, 2004, Council passed the following resolution regarding Employment Rights of Fire Fighters: "WHEREAS our Community relies on Volunteer Fire Fighters to provide a valuable cost effective service in protecting our community; AND WHEREAS we have developed a mutually beneficial high level of cooperation in the municipal fire service where we train Volunteer Fire Fighters some of whom end up working for other communities as full time fire fighters but wish to continue to help their home communities, and similarly Career Fire Fighters from other municipalities who chose to become Volunteer Fire Fighters in their off duty time so that they can apply their skills, knowledge and leadership to help protect their home communities; i Council Minutes - 46- September 13, 2004 COMMUNICATIONS AND WHEREAS Two Hatters are now being forced against their will by the Ontario Professional Fire Fighters Association to resign their volunteer duties as Volunteer Fire Fighters, emergency response providers or police auxiliary members or they will be charged by their Union and face losing their full time position; AND WHEREAS we feel that this action by the Union is not only a violation of the individuals rights but the resulting loss of Two Hatters will have a negative impact on the safety of our community and others across the province and will lead to a reduction in the quality of protection service and an increase in the costs at the local level; AND WHEREAS other provinces across Canada and in the United States have legislation in place to prevent this kind of union pressure but there is a gap in the Ontario labour legislation that leaves Fire Fighters rights unprotected; NOW THEREFORE BE IT RESOLVED THAT the Premier be implored to take immediate action to do what is right for the citizens of this province, to do what is best for community safety and to protect the rights of individuals by enacting legislation to protect emergency volunteer workers before more damage is done. AND FURTHER that our local MPP be invited to attend Council to explain what he/she is doing to defend our Volunteer Emergency Workers and to help protect our community; AND FURTHER that a copy of this resolution be forwarded to all municipalities throughout Ontario." Resolution #C-439-04 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Township of Galway-Cavendish & Harvey regarding the Employment Rights of Fire Fighters be endorsed by the Council of the Municipality of Clarington. "CARRIED" Council Minutes - 47 - September 13, 2004 COMMUNICATIONS D - 37 Cindy Fleming, Acting City Clerk, City of Oshawa advising that at a E07.GE meeting held on June 30, 2004 the City passed the following resolution regarding Littering Problems, Litter Control Programs and Possible Anti-Littering Strategies: 1. THAT the City of Oshawa support the development of a Region-wide comprehensive anti-litter strategy to address the problem of urban littering; 2. THAT a copy of Report OS-04-242 dated June 4, 2004, from the Acting Commissioner of Operational Services be forwarded to the Region and to other area municipalities within the Region, and that they be requested to respond to this initiative by September 1 , 2004; and 3. THAT the Province of Ontario be encouraged, through the Association of Municipalities of Ontario, to become more active in the promotion of anti-littering . messaging." Resolution #C-440-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution from the City of Oshawa regarding the Littering Problems, Litter Control Programs and Possible Anti-Littering Strategies be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 38 P.M. Madill, Regional Clerk, Regional Municipality of Durham, C10.MO advising that at a meeting held on July 7, 2004 Regional Council passed By-law #51-2004 to amend the Region's Smoke-Free By- law #66-2002. In accordance with the Municipal Act the by-law shall not come into force unless: a) a majority of all votes on the council of the upper-tier municipality are cast in its favour; ' Council Minutes - 48 - September 13, 2004 COMMUNICATIONS b) after the by-law is passed, a majority of the councils of all its lower-tier municipalities have passed resolutions giving their consent to the by-law; and c) the total number of electors in the lower-tier municipalities that pass resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. Resolution #C-441-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution from the Regional Municipality of Durham regarding the amendment of the Region's Smoke-Free By-law #66-2002 be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 39 P.M. Madill, Regional Clerk, Regional Municipality of Durham, • C10.MO advising the The Honourable Tony Valeri, Minister of Transport, that at a meeting held on July 7, 2004 Regional Council endorsed the following resolution of the City of Oshawa regarding the relocation of VIA Rail: "THAT as the City of Oshawa is the major metropolitan area anchoring the eastern edge of Toronto, VIA Rail, CN, and the Minister of Transport be advised the Via Rail Station is very important to the City of Oshawa and as such it be retained in our community; and further, that copies of the correspondence be forwarded to Durham Region MPs and MPPs, the Regional Municipality of Durham, and area municipalities." Resolution #C-442-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT the resolution from the Regional Municipality of Durham regarding the relocation of VIA Rail be endorsed by the Council of the Municipality of Clarington. "CARRIED" • ' Council Minutes - 49- September 13, 2004 COMMUNICATIONS D - 40 Roger Anderson, Regional Chair, Regional Municipality of Durham, C10.MO advising The Honourable Dalton McGuinty, Premier of Ontario that at a meeting held on July 7, 2004 Regional Council endorsed the following resolution advising that the Region supports this initiative, but have concerns of the bonus provisions — "Priority Zones" and the "Timing Provisions". The provisions discriminate against Durham Region, which does have the required infrastructure to participate in this RFP: "WHEREAS the Province of Ontario, through the Ministry of Energy, has recently released a Request for Information/Request for Qualifications 2500 MW of new Clean Generation and Demand Side Projects; AND WHEREAS Durham Region provides excellent locational qualities and infrastructure such as available raw water, efficient high power transmission lines to serve the GTA and beyond, lower land costs and labour rates; AND WHEREAS the RFI/RFQ provides 'Priority Zones' which would penalize any projects that were proposed within Durham Region whether it be 'New Clean Generation' or 'Demand Side Projects'; BE IT RESOLVED THAT the province of Ontario, Ministry of Energy revise the RFP to exclude Priority Zones or, falling that, include all sites within the GTA to be included in the said 'Priority Zone'; AND THAT local municipalities within Durham Region pass similar resolutions to be forwarded to the Province of Ontario, Ministry of Energy; AND THAT our business associations, businesses and manufacturers, be made aware of the Province's proposed discrimination toward demand side projects in Durham Region and, in particular, the major energy users such as General Motors, PPG, Gerdau Ameristeel, St. Marys ' Council Minutes - so- September 13, 2004 COMMUNICATIONS Cement, AND THAT these businesses and associations be urged to submit comments requesting the deletion or modification of the proposed 'Priority Zone' locational evaluation bonus; AND THAT a copy of this resolution be forwarded to: i) All MPPs east of Victoria Park Avenue, Toronto, including: Wayne Arthurs (Pickering/Ajax/Uxbridge) Jim Flaherty (Whitby/Ajax) John O'Toole (Durham) Jerry Ouellette ( Oshawa) Laurie Scott (Hal i b u rton/Victoria/B rock) Brad Duquid (Scarborough Centre) The Honourable Mary Anne Chambers (Scarborough East) Lorenzo Berardinetti (Scarborough South West) The Honourable Alvin Curling (Scarborough Rouge River) The Honourable Gerry Phillips (Scarborough Agincourt) and Chair of the Management Board ii) The Regional Municipality of York; and iii) Premier Dalton McGuinty." Resolution #C-443-04 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the resolution from the Regional Municipality of Durham regarding the Request for Information/Request for Qualifications 2500 MW of new Clean Generation and Demand Side Projects be endorsed by the Council of the Municipality of Clarington. "CARRIED" Council Minutes - si - September 13, 2004 • COMMUNICATIONS D - 41 Laura Moy, Clerk, Town of Tecumseh, advising that at a meeting C10.MO held on June 25, 2004 their Council passed the following resolution regarding Municipal Water Service — Request for Funding: "WHEREAS the cost of bringing municipal water services to rural areas is cost restrictive to both municipalities and residents; WHEREAS the Provincial Government has, in the past, provided financial assistance for water and wastewater servicing projects in communities and rural areas throughout Ontario where health and environment problems were identified; AND WHEREAS the Provincial Government enacted the Safe Drinking Act 2002 recognizing that the people of Ontario are entitled to expect their drinking water to be safe and to provide for the protection of human health and the prevention of drinking-water health hazards through the . control and regulation of drinking-water systems and drinking-water testing; AND WHEREAS both the Federal and Provincial government have recently signed a letter of intent agreeing to distribute $900 million to fix crumbling roads, bridges and water pipes over a five-year period to communities with fewer than 250,000 people; AND WHEREAS the Town of Tecumseh supports all provincial and/or Federal funding initiatives aimed at improving the quality of infrastructure in Ontario's small and medium-sized communities and rural areas such that all residents have affordable access to "Safe Water" which fully complies with new drinking water standards; NOW THEREFORE BE IT RESOLVED THAT the County of the Town of Tecumseh requests funding assistance from the Provincial Government to assist municipalities in providing water servicing infrastructure in rural areas; AND FURTHER THAT this resolution be forwarded to each Municipality in the Province for support and to the Association of Municipalities of Ontario and Bruce Crozier, MPP and Dwight Duncan, MPP." • ' Council Minutes - 52 - September 13, 2004 COMMUNICATIONS Resolution #C-444-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the resolution from the Town of Tecumseh regarding Municipal Water Service — Request for Funding be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 42 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, C10.1VI0 advising that at a meeting held on July 7, 2004 their Council passed the following resolution regarding the Request for Additional Justices of the Peace (2004-A-37): "a) THAT the Attorney General of Ontario be provided with a copy of Report #2004-A-37 of the Regional Solicitor and be requested to fast track additional Justice of the Peace appointments in Central East Region, in particular appointments relevant to Durham Region; b) THAT a copy of Report #2004-A-37 of the Regional Solicitor and Council's resolution be forwarded to all Durham MPP's, all municipalities in the judicial area known as Central East Region, the Association of Municipalities of Ontario (AMO), the Ontario Association of Chiefs of Police, the Municipal Court Manager's Association and the Prosecutor's Association with a request that they endorse the resolution; and c) THAT a copy of Report 42004-A-37 of the Regional Solicitor be forwarded to the Associate Chief Justice/Coordinator of Justices of the Peace, Ontario Court of Justice, The Honourable Justice Donald Ebbs." Resolution #C-445-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the resolution from the Regional Municipality of Durham regarding the Request for Additional Justices of the Peace be • endorsed by the Council of the Municipality of Clarington. "CARRIED" Council Minutes - 53 - September 13, 2004 COMMUNICATIONS D - 43 Jim Pine, Chief Administrative Officer - Clerk, County of Hastings, C10.MO advising that a meeting held in May 2004 their Council passed the following resolution regarding the standardization of the legislation of the Ontarians with Disabilities Act: "WHEREAS the Ontarians with Disabilities Act was introduced in 2001 and all municipalities are required to prepare annual Accessibility Plans; AND WHEREAS barriers to people with disabilities are to be identified, addressed and resolved; AND WHEREAS the legislation includes no standards or guidelines to be followed; NOW THEREFORE BE IT RESOLVED that Hastings County lobby the Province of Ontario [Ministry of Citizenship and Immigration] through A.M.O. and the municipalities of Ontario to set, as soon as possible, reasonable standards and guidelines for the advancement of the Ontarians with Disabilities Act. Further, that these standards and guidelines be consistent throughout the Province. Further, that a copy of this special resolution be sent to our local MPs and MPPs for their assistance in obtaining these consistent standards and guidelines. " Resolution #C-446-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the resolution from the County of Hastings regarding the standardization of the legislation of the Ontarians with Disabilities Act be endorsed by the Council of the Municipality of Clarington. "CARRIED" i Council Minutes - 54- September 13, 2004 NOTICE OF MOTION Resolution #C-447-04 Moved by Councillor Trim, seconded by Councillor Schell WHEREAS the residents of the Hamlet of Leskard and the Village of Tyrone have been experiencing vehicle traffic speeding along Concession Road 8; WHEREAS many residents of both communities have requested that stop signs be erected as one means of slowing traffic along Concession Road 8; WHEREAS Concession Road 8 is used by cottagers and others and is not therefore limited to just local traffic; WHEREAS the ClaringtonTraffic Advisory Committee and staff have reviewed the situation and do not recommend such stop signs as the traffic volume counts do not meet the set Provincial standards; NOW THEREFORE BE IT RESOLVED THAT Council approve a a- way stop at the intersection of Concession Road 8 and Leskard Road, and a 4-way stop at the intersection of Concession Road 8 and Clement Road in Tyrone. Resolution #C-448-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the Notice of Motion regarding the request for stop signs by the residents of Hamlet be tabled until the Council meeting of October 12, 2004. "CARRIED" • Council Minutes - 55 - September 13, 2004 REPORTS Report #1 Resolution #C-449-04 G.P.A. Report Moved by Councillor Schell, seconded by Councillor Trim September 7, 2004 THAT the General Purpose and Administration Committee Report of September 7, 2004, be approved with the exception of Items 9 and 21. "CARRIED" Resolution #C-450-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Item #9 (Report PSD-104-04) of Report #1 be tabled. "CARRIED" Councillor Pingle stated a pecuniary interest with respect to Report • PSD-108-04, vacated her chair and refrained from discussion and voting; Councillor Pingle indicated that the subject sites are in close proximity to her residence. Resolution #C-451-04 Moved by Councillor Schell, seconded by Councillor Trim THAT the recommendations contained in Confidential Report PSD-108-04 be approved. "CARRIED" Report #2 Resolution #C-452-04 Order to Moved by Councillor Robinson, seconded by Councillor Schell Restrain Berezowski THAT Report CLD-25-04 be received; THAT the Order to Restrain served on Darren Berezowski be upheld; and • Council Minutes - 56- September 13, 2004 REPORTS Report #2 THAT Darren Berezowski, Eugene Skripkariuk and Scott Greenfield be advised of Council's decision. "CARRIED" Report #3 Resolution #C-453-04 Order to Moved by Councillor MacArthur, seconded by Councillor Foster Restrain - Lockwood THAT Report CLD-26-04 be received; THAT the Order to Restrain served on Jeff Lockwood be upheld for a four month probation period; and THAT Jeff Lockwood and Marg Logeman be advised of Council's decision. "SEE FOLLOWING MOTION" • Resolution #C-454-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the foregoing Resolution #C-453-04 be amended by replacing the words "four month" with "six month". "CARRIED " The foregoing resolution was then put to a vote and CARRIED AS AMENDED. Report #5 Resolution #C-455-04 Confidential Moved by Councillor Robinson, seconded by Councillor Pingle Report CLD-27-04 THAT Confidential Report CLD-27-04 be received; and THAT the request be approved as per Council's usual practice. "CARRIED" • • Council Minutes - 57 - September 13, 2004 REPORTS Report #4 Resolution #C-456-04 Tender Moved by Councillor MacArthur, seconded by Councillor Foster CL2004-34 Asphalt THAT Report COD-26-04 be received; Resurfacing THAT Harden & King Construction Inc., Ajax, Ontario with a total bid in the amount of $633,599.97 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specification of Tender CL2004-34, be awarded the contract for asphalt resurfacing, various streets as required by the Engineering Department; THAT the total funds required in the amount of $751,500.00 ($698,067.97 less G.S.T., less Item F4, plus design, contract administration and contingencies) be drawn from the 2004 Capital Budget accounts as specified in the body of this report; and THAT the by-law marked Schedule "A" to Report COD-26-04 • authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Resolution #C-457-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Report COD-026-04 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" UNFINISHED BUSINESS Resolution #C-458-04 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of Mr. Vetere regarding the Development Charges be referred to staff. "CARRIED" Council Minutes - 58- September 13, 2004 • UNFINISHED BUSINESS Resolution #C-459-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the delegations of Josip Tomina and Marcia Tomina be referred to staff. "CARRIED" Resolution #C-460-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the delegation of John Bergeron regarding High Speed Itnernet be referred to the Chief Administrative Officer. "CARRIED" BY-LAWS • Councillor Pingle disclosed a pecuniary interest earlier in the meeting and refrained from discussion and voting on the by-laws. Resolution #C-461-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2004-193 to 2004-205 inclusive, and that the said by-laws be now read a first and second time: 2004-193 being a by-law to amend By-law 99-90, a by-law to license, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington or defined areas therein and to repeal various by-laws 2004-194 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (2001544 Ontario Limited) • Y � Council Minutes - 59- September 13, 2004 • BY-LAWS 2004-195 being a by-law to amend By-law 2004-092, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors 2004-196 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Aloia Bros. Construction Contractors Limited, Toronto, Ontario, to enter into an agreement for the Enniskillen Sidewalk Construction, Old Scugog Road 2004-197 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and 614128 Ontario Ltd. o/a Trisan Construction, Schomberg, Ontario, to enter into an agreement for the Sidewalk Construction, various locations 2004-198 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Atlas • Paving Company Inc., Etobicoke, Ontario, to enter into an agreement for the Bowmanville Creek Recreational Trail, Phase II 2004-199 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Ltd., Bowmanville, Ontario, to enter into an agreement for the Bowmanville Downtown Streetscape Revitalization 2004-200 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into an agreement for the Storm Sewer Construction, various locations 2004-201 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hemson Consulting Ltd., Toronto, Ontario, to enter into an agreement for the Development Charges and Official Plan Growth Management Study • r Council Minutes - 60- September 13, 2004 • BY-LAWS 2004-202 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hamden & King Construction Inc., Ajax, Ontario, to enter into an agreement for the asphalt resurfacing, various streets 2004-203 being a by-law to establish a Reserve Fund for Rate Stabilization 2004-204 being a by-law to authorize the transfer of lands from Schickedanz Bros. Limited to the Corporation of the Municipality of Clarington, for nominal consideration, the lands more particularly described as Part 3 on Plan 40R-19115, Part Lots 23 and 24, Plan H-50077, Bradshaw Street, Part Lot 9, Concession 2, former Town of Bowmanville, Municipality of Clarington 2004-205 being a by-law to declare Part X on Reference Plan 40R-XXXXX to be surplus • "CARRIED" Resolution #C-462-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2004-193 to 2004-205 inclusive, be approved. "CARRIED" OTHER BUSINESS Clarington Resolution #C-463-04 Accessibility Advisory Moved by Councillor Foster, seconded by Councillor MacArthur Committee THAT the following individuals be appointed to the Clarington Accessibility Advisory Committee: - Darlene Matthews - Sandra Darlene Crandall. • "CARRIED" .s Council Minutes - 61 - September 13, 2004 • OTHER BUSINESS Councillor Robinson announced that the 152nd Orono Fair was a success and he thanked members of Staff for their efforts. Orono Resolution #C-464-04 Chili Cook-off Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS the Orono Chili Cook Off is scheduled for Saturday, September 25, 2004 between 10:00 a.m. and 4:00 p.m.; AND WHEREAS road closure permits have been applied for and granted; THEREFORE BE IT RESOLVED THAT Council grant permission for the closure of Regional Road 17 between Centreview Street and Park Street, from the hour of 10:00 a.m. until 4:00 p.m. on September 25, 2004. "CARRIED" • Downtown Resolution #C-465-04 Applefest Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Director of Engineering Services provide a transit incentive for residents of the Municipality of Clarington for the downtown Applefest. Resolution #C-466-04 Moved by Councillor Schell, seconded by Councillor Foster THAT the meeting be "closed" to consider Confidential Correspondence Items I — 10 and Item I — 11 regarding legal matters. "CARRIED" Resolution #C-467-04 Moved by Councillor Schell, seconded by Councillor Foster • THAT the actions taken at the "closed" meeting, be approved. "CARRIED" Council Minutes - 62- September 13, 2004 CONFIRMING BY-LAW Councillor Pingle disclosed a pecuniary interest earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-468-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2004-206 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 13th day of September 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-469-04 Moved by Councillor MacArthur, seconded by Councillor Foster • THAT the third and final reading of By-law 2004-206 be approved. "CARRIED" ADJOURNMENT Resolution #C-470-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting adjourn at 9:40 p.m. "CARRIE " MAYO D .. TY CLERK