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HomeMy WebLinkAbout04/03/2006 qy'[.!.!.!~1 011 Council Meeting Minutes April 3, 2006 Minutes of a regular meeting of Council held on April 3, 2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, A. Cannella Director of Community Services, J. Caruana (attended until 7:33 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 7:33 p.m.) Director of Corporate Services, M. Marano (attended until 7:33 p.m.) Director of Finance/Treasurer, N. Taylor Director of Emergency Services, G. Weir (attended until 7:33 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Pingle indicated that she would be stating a pecuniary interest with respect to Report PSD-030-06 (Item #6 of Report #1). MINUTES Resolution #C-151-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on March 20, 2006, be approved. "CARRI ED" Council Meeting Minutes -2- April 3, 2006 Mayor Mutton advised that he received notice today that the Provincial Government is providing a one-time grant in excess of $10.6 million to Durham Transit to be used to refurbish and replace buses. PRESENTATION Gary Cole and members of the Orange Lodge presented a portrait of Queen Elizabeth II to the Mayor and Members of Council. Mayor Mutton advised that the portrait would be proudly displayed in the Council Chambers. DELEGA TIONS Amie Cooper was called but was not present. John Jaworski addressed Council with respect to a drainage issue. He advised that a Municipal Law Enforcement Officer visited his property and has issued an order to him to redirect his sump pump drainage hose to the ditch in front of his property. He indicated that the drainage was installed approximately 15 years ago in accordance with CLOCA approval. Six neighbouring homes drain into the one swale. Forcing him to reroute his pipe will put him in compliance with the by-law but others will still be draining to the same area, thereby not relieving the flooding problem experienced by his neighbours. He requested an exemption from the Municipality's Drainage By-law. Alan Vaillancourt addressed Council with concerns related to the design of Highway #2 at Solina Road. Since the highway was widened, numerous accidents have occurred at the intersection and Mr. Vallaincourt questions whether the curve in the highway at this location may be designed improperly. COMMUNICA TIONS Resolution #C-152-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda, with the exception of Item 1-15. "CARRIED" I - 1 Minutes of the St. Marys Cement Community Relations Committee Meeting held on March 7, 2006. I - 2 Minutes of the Agricultural Advisory Committee of Clarington Meeting held on February 9, 2006. I - 3 Minutes of the Clarington Older Adult Association Meeting held on March 17, 2006. Council Meeting Minutes -3- April 3, 2006 I - 4 Minutes of the Tyrone Community Centre Meeting held on February 9, 2006. I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting held on February 14, 2006. 1-6 Minutes of the Newcastle Community Hall Board Meeting held on February 21, 2006. I - 7 Minutes of the Clarington Traffic Management Advisory Committee Meeting held on January 19, 2006. I - 8 Minutes of Kawartha Conservation Meeting held on February 14, 2006. 1-9 John O'Toole, MPP, Durham, advising that he has received a letter from the Ministry of Transportation concerning the Town of Whitby resolution seeking an amendment to Bill 169 regarding regulations governing vehicles when they are stopped by a school crossing guard. He has also received a copy of the reply Gerry Chaput, Chief Engineer, sent to the Municipality of Clarington about the control of vehicles when they stop for a crossing guard. Mr. O'Toole offers his assistance with any additional follow-up required. I - 10 Enza Cancilla, Hydro One Networks Inc., advising that Hydro One has applied to the Ontario Energy Board to increase the rates their customers pay to have electricity delivered to their home or business. If approved, the new delivery rates will increase the total bill up to 6 percent for the average customer. It is expected that the Ontario Energy Board will approve the delivery rates sometime this spring. The new rates will be effective on May 1,2006 and will appear under the "Delivery" line item on the bill. 1-11 Wayne Wilson, Conservation Authorities Moraine Coalition providing a brochure detailing their efforts and successes of 2005. 1-12 Elizabeth Moore, Executive Director, Oshawa Senior Citizens Centres, forwarding a copy of their Spring 2006 Activity Guide and the quarterly newsletter produced by volunteers on the Community Relations Committee. I - 13 Federation of Canadian Municipalities (FCM) advising that the Government of Canada has endowed FCM with $550 million to establish the Green Municipal Fund (GMF) to provide a long-term, sustainable source of low interest loans and grants for municipal governments and their partners. Annual funding caps have been set limiting the number of projects that will be supported each year. 1 - 14 Sylvia Terpstra, Director of Education, Kawartha Pine Ridge District School Board advising that the following Trustee Distribution Model for the School Board will be presented at the March 30, 2006 meeting of the Board, for approval: Council Meeting Minutes -4- April 3, 2006 Municipality of Clarington 2 Trustees City of Peterborough 2 Trustees Township of Alnwick/Haldimand Town of Cobourg Township of Hamilton 1 Trustee Township of Asphodel-Norwood Township of Cavan-Millbrook-North Monaghan Township of Otonabee-South Monaghan 1 Trustee Municipality of Brighton City of Quinte West/Murray Ward Township of Cramahe 1 Trustee Township of Douro-Dummer Township of Galway-Cavendish and Harvey Township of North Kawartha Township of Smith-Ennismore-Lakefield 1 Trustee Municipality of Port Hope 1 Trustee Township of Havelock-Belmont-Methuen Municipality of Trent Hills 1 Trustee I - 16 Stephen Bourque, Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association, thanking Council for the $1,500 grant. I - 17 Ontario Good Roads Association (OGRA) advising that during the McGuinty Liberal government release of the 2006/07 Ontario Budget, the Honourable Dwight Duncan, Minister of Finance announced a one-time $1.2 billion investment in transportation. $838 million will be directed toward transit while $400 million will be for municipal roads and bridges primarily outside the GTA with "special emphasis on rural and northern communities for road and bridge repair and upgrading." While the announcement states that this is a one-time investment and therefore falls short of OGRA's goal of securing sustainable funding for municipal infrastructure, it is still good news for OGRA members. I - 18 George Graham, Clerk Administrator, Township of Brock advising that their Council has written to Prime Minister Harper to urge the federal government to preserve the national child care program and the federal provincial child care agreement respecting the Early Learning and Care - Best Start Plan. Council Meeting Minutes -5- April 3, 2006 I - 19 Gordon Lee, Chairman, Newcastle Arena Management Board thanking Council for the 2006 grant. During the last two terms of this committee, the arena has progressed from a winter ice skating arena, which only opened September to April each year, into a 12 month recreational facility, hosting not only winter ice activities but lacrosse, ball hockey, children's dance studio, summer day camp and now is the summer home to the Clarington Farmers' market. I - 20 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington thanking the municipality for providing the agency with a municipal grant in the amount of $2,000. As a charitable organization, they rely heavily on the support of their community and they appreciate both the donation and the well wishes. 1-21 Elizabeth Dowdeswell, President, Nuclear Waste Management Organization forwarding the NWMO Annual Report 2005 - From Dialogue to Decision: Managing Canada's Nuclear Fuel Waste. I - 22 Carol Grylls, Committee Secretary, Regional Municipality of Durham, advising that Regional Council passed the following resolution pertaining to Landscaping Industry Land Uses: "a) THAT policies be integrated into the Durham Regional Official Plan that would further accommodate the landscaping industry, and the rural/agricultural component of the Proposed Amendment for the Regional Official Plan Review be modified; and b) THAT a copy of Report #2006-P-21 of the Commissioner of Planning be forwarded to the area municipalities, Durham's Conservation Authorities, the Ministry of Municipal Affairs and Housing, and Landscape Ontario." I - 23 Andre Marin, Ombudsman, forwarding his report Getting It Right, regarding his investigation into the transparency of the property assessment process and the integrity and efficiency of decision-make at the Municipal Property Assessment Corporation. I - 15 Association of Municipalities of Ontario advising that the 2006 Provincial Budget invests in municipal roads and bridges and public transit systems, but fails to deliver any additional uploading of provincial health and social services costs. While the Budget indicates that the Province is on track to balance its books, it does nothing to reduce the Province's reliance on municipal property tax revenues to subsidize provincial programs and services, or to close the growing Provincial-Municipal fiscal gap. Council Meeting Minutes -6- April 3, 2006 Resolution #C-153-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correpondence Item 1- 15 be received for information. CARRIED CORRESPONDENCE FOR DIRECTION Correspondence Items D - 13, D - 14 and D - 15 were distributed as handouts. Resolution #C-154-06 Moved by Councillor Ping Ie, seconded by Councillor MacArthur THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 7 to D - 14, inclusive. "CARRIED" D - 1 Moe Richards, President, Clarington Older Adult Association, writing further to a Council resolution passed on February 13, 2006, stating that a representative from the Clarington Older Adult Association be appointed to the Heritage Designation Committee. He advises that if the residents of Beech Avenue do not have representation on the Heritage Designation Committee, then the Clarington Older Adult Association does not wish to have a representative on the committee at this time. The Association did not have plans to request additional parking at this time or in the immediate future. However, the Association wanted to ensure that the Heritage Designation would not restrict any plans of future parking. (Correspondence referred to the Director of Planning Services) D - 2 Michelle Gentile, Coordinator, Fundraising Events, Multiple Sclerosis Society of Canada requesting permission to hold the 2006 Super Cities Walk for MS in Bowmanville. The event date is Sunday, April 23, 2006, beginning at 9:30 a.m. She is anticipating between 300 and 350 walkers this year, plus an additional 50 to 75 volunteers. (Request approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes -7- April 3, 2006 D - 3 Pat Madill, Regional Clerk, Regional Municipality of Durham writing with respect to the Provincial commitment to honour the allocations for Best Start Program and National Early Learning and Child Care Program. Regional Council requests the Municipality's endorsement of the following resolutions: "WHEREAS Toronto City Council endorsed the following six-point action plan for building a national Early Learning and Child Care program at its meeting on November 30, December 1 and 2, 2004: (i) moving from the current user pay and subsidy system to publicly funded programs, as in Quebec and other OECD countries; (ii) introducing standards that guarantee quality, universally accessible, developmental, inclusive programming like the Canada Health Act, the principles of child care needs to be enshrined in legislation; (iii) maintaining existing federal commitments (Canada Social Transfer, Early Childhood Initiative and Multilateral Framework Agreement funding); (iv) dedicating a separate adequate designated funding stream for a new, long- term federal transfer to provinces and territories; (v) agreeing that all expansion takes place through public and/or not for profit delivery; existing for-profit programs may be grand-parented; and (vi) including provincial and territorial accountability, tied to five-year plans that include goals and objectives, timelines and targets, review and evaluation as they build new Early Learning and Child Care (ELCC) systems; and WHEREAS the City of Toronto received $46 million for child care in 2005 and will receive $80 million in 2006 from the federal Early Learning and Child Care (ELCC) systems; and WHEREAS under the existing federal programs, the City of Toronto would have received an additional $236 million over the life of the five-year program and added a total of 5,855 licensed and subsidized child care spaces in the City of Toronto; and WHEREAS the cancellation of the federal Early Learning and Child Care program by the new Conservative Government puts the City of Toronto's child care system and those new spaces in jeopardy; and WHEREAS the lost funding will leave many children in the City of Toronto. without quality accessible child care; and WHEREAS the Conservative Government's proposed child care income support for families is a valid policy goal but is not a substitute for public investment in high quality early learning and child care programs; and Council Meeting Minutes -8- April 3, 2006 WHEREAS less than $100.00 a month, after taxes, comes nowhere close to covering the cost of high quality child care, and tax credits for employers will not create sustainable, equitable child care programs; and WHEREAS without a national child care program, there will be no choice in child care for parents; NOW THEREFORE BE IT RESOLVED THAT Mayor Miller, on behalf of Council and the residents of the City of Toronto, work with the federal and provincial governments to preserve the national child care program and the Ontario federal-provincial child care agreement; AND BE IT FURTHER RESOLVED THAT the City of Toronto work with families, child care programs, and child care advocacy groups to ensure that the federal government fulfils its five-year commitment to build a national early learning and child care system in Toronto and Canada; AND BE IT FURTHER RESOLVED THAT this motion be circulated to the other municipalities in Ontario." And "a) THAT Correspondence from R. Williams, President, Ontario Municipal Social Services Association (OMSSA), addressed to Mary Anne Chambers, Minister of Children and Youth Services, dated January 30, 2006 requesting assurance in writing that the Province of Ontario will honour the allocations for Best Start be endorsed; and b) THAT the Premier of Ontario, Prime Minister of Canada, Ministers of Children and Youth Services Community and Social Services, Durham MPPs, Durham MPs, AMO, FCM, OMSSA, members of the Best Start Network and all School Boards in Durham Region be so advised and further that a coy be forwarded to the area municipalities for endorsement." (Advise that Council has previously endorsed this action at the request of the Canadian Union of Public Employees) D - 4 S. Elston, Leader, 3rd Courtice Guides, requesting permission to take part in the Yellow Fish Road Storm drain marking program. In order to commemorate Earth Day, Saturday, April 22, 2006, the guides wish to paint storm drains in the Courtice residential area as part of Trout Unlimited Canada's Yellow Fish Road program. The goal is to educate the public about the impacts of pollution entering urban storm drains. The volunteers will stencil yellow fish symbols Council Meeting Minutes -9- April 3, 2006 (with non-toxic paint) beside storm drains and distribute fish-shaped brochures to homes in the immediate area. They will be following the very strict safety guidelines provided by Trout Unlimited Canada. The project will likely take several hours on the morning of April 22. (Correspondence referred to the Director of Engineering Services) D - 5 Cathrine McKeever submitting her resignation from both the Local Architectural Conservation Advisory Committee and the Samuel Wilmot Nature Area Management Advisory Committee. (Thank Ms. McKeever for her service to these committees and correspondence referred to Municipal Clerk) D - 6 Barbara Stanyar, General Manager, Communications, Canada Post inviting nominations for the 2006 Canada Post Literacy Award. The Literacy Awards are Canada's only national awards dedicated to recognizing grassroots literacy initiatives and to celebrating the achievements of learners, along with those who have helped them learn to read and write. (Correspondence referred to the Municipal Clerk for an advertisement to be placed in the local newspapers) D - 15 G. Glenn Case, P.Eng., Manager, Projects & Facilities Deelopment, AECL, Low-Level Radioactive Waste Management Office advising Council that the Revised Port Granby Project Environmental Assessment Study Report has been issued, and inviting comments from staff and the peer review team by May 3, 2006. The Draft Report is being circulated for comment to many residents, interest groups and other stakeholders. (Correspondence referred the the Director of Planning Services) D - 7 The Honourable Jim Bradley, Minister Responsible for Seniors advising that each year the Government of Ontario designates June as Seniors' Month to celebrate the countless experiences, accomplishments and contributions of seniors. Across the province, community organizations and local governments host special events to recognize seniors and the countless contributions they make to Ontario's way of life. He invites us to participate in the 2006 Senior of the Year Awards. The award was established in 1994 to give each municipality in Ontario the opportunity to honour one outstanding local senior. Recipients are individuals, who after age 65, have enriched the social, cultural or civic life of the community, without thought of personal or financial gain. Council Meeting Minutes -10- April 3, 2006 Resolution #C-155-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Gordon H. Barrie be nominated as the Municipality of Clarington's 2006 Senior of the Year. CARRIED D - 8 Greg Farrant, Government Relations Manager, Ontario Federation of Anglers and Hunters (OFAH) advising that last year, the Ministry of Natural Resource, the OFAH and the Ontario Federation of Agriculture contacted all municipalities in southern Ontario in support of a new initiative to allow for gun hunting on Sundays during regular hunting seasons. At that time, 67 municipalities across southern Ontario voted in favour of Sunday gun hunting, which will take effect September 1, 2006 and be a part of all subsequent regulated hunting seasons. The Municipality of Clarington, at that time, did not support the proposal to allow Sunday gun hunting. The OFAH has recently been receiving calls from municipalities who, like ours, did not initially endorse Sunday gun hunting, but who are now reconsidering their position and asking how they can be included on the list of municipalities who said "yes". Because of this, they are asking Council to revisit this issue and provide an opportunity for public input and discussion. Resolution #C-156-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D - 8 be received for information. CARRIED D - 9 Barbara Kelly, Mayor, City of Kawartha Lakes, advising that on December 13, 2005, their Council passed the following resolution: "WHEREAS, the events of 2000 in Walkerton, Ontario resulted in a reaction from the Government of Ontario; AND WHEREAS the Government of Ontario has introduced very comprehensive legislation over the past 5 years with very costly ramifications for Ontario municipalities and the customers they serve; AND WHEREAS this legislation dictates requirements that Ontario municipalities and the water and wastewater customers they serve are no longer able to afford nor sustain as a direct result of Provincial Legislative requirements; Council Meeting Minutes -11- April 3, 2006 AND WHEREAS duly elected municipal representatives in the City of Kawartha Lakes will no longer pass these Provincially mandated costs onto the customers they are elected to represent; BE IT RESOLVED THAT the Council for the City of Kawartha Lakes direct staff to maintain the municipal water and wastewater rates at the levels approved in 2004 for 2005; 2006 and 2007; THAT correspondence be forwarded to Premier Dalton McGuinty respectfully requesting the creation of a new Water and Wastewater Partnership Funding Program to assist Ontario municipalities and the users they serve; THAT this Water and Wastewater Partnership Funding Program include special circumstances funding for small rural municipal water systems; THAT this correspondence be copied to the Honourable Dwight Duncan, Minister of Finance, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, the Honourable Laurel Broten, Minister of the Environment and all MPPs within the Province of Ontario; and THAT this correspondence be forwarded to the Association of Municipalities of Ontario for circulation to and support from every municipality within the Province of Ontario to petition the Province of Ontario to take immediate action." Resolution #C-157 -06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D - 9 be received for information. CARRIED D - 10 Ron Moran, National President, Customs Excise Union Douanes Accis providing follow-up on the Canadian Border Patrol. He advises that much has happened since they last wrote in April 2005; the newly elected Conservative Government has acknowledged that having no form of Canadian pre-emptive or dissuasive patrols between border points of entry is illogical. He is requesting that Council pass the following resolution: "WHEREAS border security in Canada is very important and not properly ensured; WHEREAS border security was once strictly a responsibility of Customs; WHEREAS responsibility for the border between points of entry was given to the RCMP in the 1930's and Customs retained responsibility at points of entry; Council Meeting Minutes -12- April 3, 2006 WHEREAS the RCMP Commissioner has testified to the House of Commons Justice Committee on December 9, 2004, that the RCMP does not have enough resources to fulfill its mandate along the border, and is exclusively focused on gathering intelligence and investigating major cases; WHEREAS the RCMP cannot possibly be expected to satisfy a border patrol mandate because it also has to provide police response to other crises in communities; WHEREAS Customs is at the border already and has developed expertise on how to provide border security during its more than 100 years at the border; WHEREAS Customs has a border patrol expertise already established in that it operated what were called Flexible Response Teams during the late 1990's until the early 2000 years - time at which the Government of Canada's funding of the Anti-Smuggling Initiative ceased last year; WHEREAS Canada has in excess of 200 unguarded roads that can be used to enter Canada from the US; WHEREAS we know that there are hundreds of vehicles that enter Canada on any given month without reporting to Customs - we don't know who is in those vehicles or what they carry; WHEREAS the Canada Border Services Agency (CBSA) recorded over 1,600 vehicles entering Canada in 2004 and failing to report to a Customs office; WHEREAS there are 139 work locations on record in Canada where Customs Officers work alone and have little hope of receiving timely and adequate backup for assistance; WHEREAS Customs Officers have stopped calling police for backup in many locations across Canada because police response for backup has become next-to-non-existent because of a lack of resources; WHEREAS border security is a federal responsibility; WHEREAS CBSA has an interpretation advising it the applicable rules of continuity for evidence would not stand in a court of law should a Customs Officer working alone arrest someone then proceed to deal with processing additional traffic that would arrive at the port - rules dictate that one must keep an eye on the arrested individual at all times, without exception; WHEREAS meaningful border security is field-driven, hands on, and requires eyes and ears on the ground at the front-line, and is not merely intelligence- driven from large urban centres or Ottawa; Council Meeting Minutes -13- April 3, 2006 WHEREAS the cannabis trade between Canada and the US is becoming a major problem that, unless it is curbed, could significantly threaten our legitimate trading relationship with the US; WHEREAS a border patrol would have the capacity to both intervene as well as gather evidence and facts on the front-line as the eyes and ears on the ground and to then relate that information to proper authorities such as police and our partners in the US; WHEREAS a border patrol would only serve one master, the border, and be able to focus its entire resources at maintaining a secure border, providing rapid assistance to Customs Officers working alone, providing backup for Customs Officers, and guarding unguarded roads; WHEREAS every town, village, parish, county, municipality, and city situated on or in close proximity to the US border has a collective and vested interest to ensure border security is provided in a meaningful and enforceable way; BE IT RESOLVED THAT the (City, Municipality, Village, Parish, County, Town) of supports the Customs Excise Union Douanes Accise in its bid to have the Government of Canada give to the Canada Border Services Agency the first- response mandate to patrol the border between points of entry and working in partnership with the RCMP and other police forces, that latter of whom would act as the second-response partner along the border at and between points of entry; and BE IT FURTHER RESOLVED THAT this first-response mandate must be delivered by way of a border patrol; BE IT FURTHER RESOLVED THAT Parliament amend Bill C-26, which creates the Canada Border Services Agency (CBSA) and establishes its mandate, so as to broaden CBSA's mandate and grant it authority and responsibility to have the first-response mandate between ports of entry." Resolution #C-158-06 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item D - 10 be received for information. CARRIED Council Meeting Minutes -14- April 3, 2006 D - 11 Sandra Kranc, City Clerk, City of Oshawa advising that their Council passed the following resolution with respect to Industrial Tax Class Harmonization: "That whereas Regional Council is on record as supporting the harmonization of all industrial tax classes; and, Whereas the Region expects that the harmonization to one industrial class to be completed by 2009; and, Whereas it is also vitally important that the Region of Durham and its member municipalities send a clear and unequivocal message to the auto sector industries that we will do what it takes to continue to support the retention and growth of the auto sector in Durham; and, Whereas actions that increase the competitive advantage of local auto sector industries, as they compete with regions both within Canada and in the United States, are necessary components of any responsible industrial tax strategy. Be it resolved: 1. That the Council of the City of Oshawa urges the Regional Municipality of Durham to send a clear message of support for the auto sector and other Durham industries by eliminating the Large Industrial Taxation Class and merging its members into a harmonized Industrial Taxation Class effective in 2006. 2. That the Council of the City of Oshawa further supports and urges the use of the Regional Tax Rate Stabilization Fund to provide the offsetting funds necessary to carry out this tax rate harmonization without impacting other non-industrial tax classes, and further that the Region use a portion of its assessment growth revenues in 2007-2009 to return to the Regional Tax Rate Stabilization Fund the monies used to offset. 3. That the Council of the City of Oshawa further urge the Region and its member municipalities to join with area industries to facilitate a meeting with the Provincial government to press for an end to the claw back provisions in the Industrial Tax Class. 4. That the Council send a copy of this resolution to the Regional Municipality of Durham for consideration in the 2006 Regional budget deliberations, and that copies be sent to all member municipalities in Durham requesting that they forward resolutions of support to the Regional Municipality. Council Meeting Minutes -15- April 3, 2006 5. That further copies of this resolution be sent to all Durham MPs and MPPs, members of Durham Regional Council, members of local Councils within Durham Region, all Durham Chambers of Commerce and Boards of Trade, the Durham Manufacturers Association, the Canadian Autoworkers Union Local 222, the Durham District Labour Council, and to the Association of Municipalities of Ontario. Resolution #C-159-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 11 be received for information. CARRIED D - 12 Confidential Property Matter Resolution #C-160-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item 0 - 12 be referred to the end of the agenda to be considered during a "closed" session. CARRI ED D - 13 Dave Sebben, Kinsmen Club of Bowmanville advising that the club will be holding their 18th Annual Home Show and Carnival at the Garnet B. Rickard Recreation Complex on April 21, 22 and 23. The event will feature many local businesses and all proceeds will be helping to support the various Kinsmen service projects in this community. He is seeking Council's permission to place lawn signs at strategic points throughout the community in order to advertise this event. The signs are yellow with black lettering and measure 24 by 18 inches. They would like to put the signs up on Sunday April 16 and remove them by Sunday April 23. Resolution #C-161-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the request of the Kinsmen Club to place lawn signs advertising their Annual Home Show be approved. CARRIED Council Meeting Minutes -16- April 3, 2006 D -14 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington advising that their Committee passed the following motion on March 9, 2006: "WHEREAS the Municipality of Clarington and the Region of Durham have reduced their farmland tax ratio we request the province honour its past practice of matching the Region's tax ratio reductions by reducing the Education taxation for the Agricultural land; AND further, that this resolution be circulated to other local area municipalities, Region of Durham, John O'Toole, MPP and any other local municipalities that have implemented farmland tax ratio reduction for endorsement." Resolution #C-162-06 Moved by Councill Robinson, seconded by Councillor Trim THAT the resolution of the Agricultural Advisory Committee of Clarington regarding a farmland tax ratio reduction be endorsed. CARRIED MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - March 27, 2006 Resol ution #C-163-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of March 27,2006 be approved, with the exception of Item #6. CARRI ED Item #6 Councillor Pingle made a disclosure of pecuniary interest with respect to Item #6 (Report PSD-030-06) and refrained from discussion and voting on the subject matter. Councillor Pingle owns property in close proximity to the subject application. Council Meeting Minutes -17- April 3, 2006 Resolutioin #C-164-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-030-06 be received; THAT the Draft Plan of Condominium application, submitted by Port of Newcastle Reserve Ltd. be approved and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-030-06; THAT a copy of Report PSD-030-06 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-030-06 and any delegations be advised of Council's decision. CARRIED REPORTS Report #2 - Report COD-013-06 - Tender CL2006-7 - Bowmanville Community Park, Scoreboard Construction Resolution #C-165-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report COD-013-06 be received; THAT A-Con Construction Limited, Woodbridge, Ontario with a total bid in the amount of $109,445.87 (excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-7, be awarded the contract for the Bowmanville Community Park, Scoreboard Construction; THAT the total funds required in the amount of $145,000.00 ($109,445.87 tender, plus contingencies & consulting) be drawn from 2006 Capital Budget Account #110-32- 325-83252-7401; and THAT the By-law attached to Report COD-013-06 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. CARRIED Report #3, Confidential Report PSD-033-06 - Property Matter was withdrawn from the agenda. Council Meeting Minutes -18- April 3, 2006 UNFINISHED BUSINESS Resolution #C-166-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Orange Lodge be thanked for the presentation of the portrait of Queen Elizabeth ". "CARRIED" Resolution #C-167 -06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Rules of Procedure be suspended to allow for the introduction of a motion to reconsider a previous action of Council. CARRIED Resolution #C-168-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the actions taken by Council at the meeting held on March 20, 2006 pertaining to a drainage issue in Solina be reconsidered at this time. CARRI ED Resolution #C-169-06 Moved by Councillor Schell, seconded by Councillor Foster THAT the Order of the Municipal Law Enforcement Officer with respect to a drainage concern in Solina be upheld, with a compliance date of August 31, 2006; and THAT Mr. John Jaworski and Mrs. Deanna McDuff be advised of Council's decision. "CARRIED" Council Meeting Minutes -19- April 3, 2006 Resolution #C-170-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the delegation of Alan Vaillancourt with respect to the design of Highway #2 at Solina Road be referred to the Durham Regional Works Committee; and THAT Alan Vaillancourt be advised of Council's decision. "CARRIED" OTHER BUSINESS Committee Appointments Resolution #C-171-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT R. Brian Reid be appointed to the Samuel Wilmot Nature Area Management Advisory Committee; THAT James Franklin Rook be appointed to the Local Architectural Advisory Committee; and THAT the appropriate by-laws be presented to Council. "CARRI ED" Resolution #C-172-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to consider Correspondence Item D - 12 regarding a property matter. "CARRIED" Resolution #C-173-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT the actions taken during the "closed" session of Council be ratified. "CARR I ED" Council Meeting Minutes -20- April 3, 2006 BY -LAWS Resolution #C-174-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-066 to 2006-076, inclusive and that the said by-laws be now read a first and second time: 2006-066 Being a by-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington 2006-067 Being a by-law to amend By-law 2005-145, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors 2006-068 Being a by-law to amend By-law 2004-019, a by-law to appoint Members to the Municipal Heritage Committee (formerly Local Architectural Conservation Advisory Committee) for the Municipality of Clarington 2006-069 Being a by-law to amend By-law 2004-014, a by-law to appoint Members to the Clarington Traffic Management Advisory Committee for the Municipality of Clarington 2006-070 Being a by-law to amend By-law 2004-024, a by-law to appoint Members to the Samuel Wilmot Nature Area Management Advisory Committee for the Municipality of Clarington 2006-071 Being a by-law to amend By-law 2004-026, a by-law to appoint Members to the Clarington Highway 407 Community Advisory Committee for the Municipality of Clarington 2006-072 Being a by-law to amend By-law 2004-025, being a by-law to appoint Members to the Clarington Library Board 2006-073 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and A-Con Construction Limited, Woodbridge, Ontario to enter into agreement for the Bowmanville Community Park, Scoreboard Construction 2006-74 Being a by-law to approve the expropriation of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto on behalf of the Council Meeting Minutes -21- April 3, 2006 Council of the Municipality of Clarington as the approving authority under the Expropriations Act, and to authorize the Mayor and Clerk to execute a Certificate of Approval under the aforesaid Act 2006-075 Being a by-law to expropriate 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto for the purposes of a district park pursuant to the Municipal Act, 2001, S.O. 2001 2006-076 Being a by-law to authorize the Mayor and Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of 46 East Beach Road, Part of Lot 9, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington, in the Regional Municipality of Durham, which land is more particularly described in the parcel register identified by parcel identification number 26646-0019 in the Land Titles Office for the Land Registry Division of Durham (No. 40) as shown on the draft plan of survey contained in Schedule 1 hereto in accordance with Section 9 of the Expropriations Act "CARRIED" Resolution #C-175-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-066 to 2006-076, inclusive be approved. "CARRIED" Councillor Pingle stated a pecuniary interest earlier in the meeting, and refrained from voting on the confirming by-law. Council Meeting Minutes -22- April 3, 2006 CONFIRMING BY-LAW Resolution #C-176-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-077 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 3rd day of April, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-178-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-077 be approved. "CARRIED" ADJOURNMENT Resolution #C-179-06 Moved by Councillor Foster, seconded by Councillor Schell THAT the meeting adjourn at 8:13 p.m. "CARRIED" 9f~ MAYOR ~ / " 'UN< ... ER~