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HomeMy WebLinkAbout05/15/2006Leading the Way DATE: MONDAY, MAY 15, 2006 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes. of a meeting of Council held on May 1, 2006 DELEGATIONS a) Kevin Tunney -Proposed Greenbelt Boundary Adjustments COMMUNICATIONS Receive for Information I - 1 Draft Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 11, 2006 I - 2 Ministry of the Environment -Notice of Approval of the Durham/York Residual Waste Study Environmental Assessment Terms of Reference I - 3 Jerry Ouellette, MPP, Oshawa -Kids Fishing Day I - 4 Ministry of Natural Resources -Annual Wildlife Rabies Control Operations for 2006 I - 5 Municipal Property Assessment Corporation -Annual Report and Financial Statements for the year ended December 31, 2005 I - 6 Laura Macleod, Co-Chair and Mark McConkey, Ride Captain, Durham Chapter - The Motorcycle Ride for DAD CORPORATION OF THE MUNICIPALITY 'OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C3A8 T (905) 623-3379 Council Agenda - 2 - May 15, 2006 I - 7 Ministry of Transportation -Amendments to the Highway Traffic Act making it an offence to disobey a traffic control person's STOP AND SLOW sign I - 8 Ministry of Municipal Affairs and Housing -Long-Standing Service Awards I - 9 Sandra Kranc, City Clerk, City of Oshawa -Endorsement of Region of Durham's resolution supporting the Best Start Program and the National Early Leaming'and Child Care Program I -10 Durham Region Local Training Board -'Dufiam Divas' sing a song of trades article -Toronto Star I - 11 Association of Municipalities of Ontario -Highlights of the 2006 Federal Budget I - 12 GTA/905 Healthcare Alliance -Resolution of the Greater Toronto and Hamilton (GTAH) Mayors and Chairs Committee requesting funding for GTA7905 Hospitals, Local Health Integration Networks (CHIN) and development of a hospital and health service plan for Ontario's high growth regions I - 13 David Kingston, Chair, OMERS Board, - 2005 OMERS Annual Report I - 14 Paul Jones, Town Clerk, Town of Whitby -Comments on the Proposed ..Amendment to the Durham Regional Official Plan -Commercial, Rural, Environmental and Transportation components I -15 John R. O'Toole, MPP, Durham.- Need for improvements at the two. Highway 401.. interchanges in Bowmanville I -16 John R. O'Toole, MPP, Durham - 2006 farm taxes I -17 Margaret Craw, Executive Director, Frontenac Youth Services - International Childn;n's Mental Health Week I -18 Fred and Sandy Archibald, Archibald Orchards & Estate Winery and Big Brothers/Sisters of Clarington -Invitation to 7"' Annual Fruit Wine & Food Festival I - 19 The Regional Muhicipalities of Durham/York -Joint Waste Management Group Draft Report on the Consultant's Conclusion for a Preferred Alternative System I - 20 Port Granby Project Discussion Group -Draft Meeting Agenda for Wednesday, May 17, 2006 I - 21 Association of Municipalities of Ontario (AMO) -Association of Municipal Recycling Coordinators (AMRC) Consultation Sessions on Best Practices I - 22 D. Bowen, Deputy Clerk, Regional Municipality of Durham - Comra Search and Rescue Service Council Agenda - 3 - May 15, 2006 I - 23 Ministry of Municipal Affairs and Housing -Residential Tenancies Act, 2006 Receive for Direction D -1 Philip Meagher, Deputy General Manager, Operations, Durham Region Transit - Clarington's Request for Free in town bus service for Applefest D - 2 Yvonne J. Williams, Director of Marketing and Development, Driftwood Theatre Group -Request for Municipal Grant D - 3 Dominique Lemieux, Director, Public Affairs Communications Branch, Indian and Northern Affairs Canada- Proclamation of National Aboriginal Day D - 4 Gloria Kovach, President, Federation of Canadian Municipalities -Green Municipal Fund D - 5 Residents of Cedar Park Road North -Proposed Bridge on Cedar Park Road North D - 6 Anita Moore, Town Clerk, Town of Newmarket -Accessibility to Gas Station Service D - 7 Charlene Janes, -'Walk Around The Block For.Brock' Fundraising Event D - 8 Sandra Crandall -Resignation from the Clarington Accessibility Advisory Committee D - 9 Alice Huynh, on behalf of Falun Dafa Association of Canada Proclamation of 'Falun Dafa Month, May 2006, Honouring Truthfulness, Compassion and Forbearance' D - 10 Deanna Jones-Keeshig, Independent First Nations Health Services -The Mother Earth Water Walk 2006 D -11 P. M. Madill, Regional Clerk, Region of Durham -Income Crisis on Ontario's Farms D -12 Debi A. Bentley, City Clerk, City of Pickering -Increased Provincial Funding for Public Libraries D -13 K. Elizabeth Fulton, CAO/Clerk, County of Frontenac -Request to amend Employment Standards Act 2000 D -14 John Stephenson, Hon. Sec. South East Clarington Ratepayers Association - Request for funding for an independent review of the 'Qualified Concept Report' and the 'Environmental Assessment Study Report' -Port Granby issues Council Agenda - 4 - May 15,.2006 D - 15 John Stephenson, Hon. Sec. South East Clarington Ratepayers Association - Long term storage of radioactive waste at Port Granby D - 16 P. M. Madill, Regional Clerk, Regional Municipality of Durham -The Region's Long Term Strategic Property Tax Plan MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of May 8, 2006 UNFINISHED BUSINESS OTHER BUSINESS BY-LAW S BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT. ~•, ~ Council Meeting Minutes May 1, 2006 Minutes of a regular meeting of Council held on May 1, 2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Manager, Transportation.and Design, L. Benson (attended until 8:04 p.m.) Director of Community Services, J. Caruana (attended until 8:04 p.m.) Director of Planning Services, D. Crome (attended until 8:04 p.m.) Supervisor, Hampton Operations Centre, P. Broome (attended until 8:04 p.m.) Solicitor, D. Hefferon Director of Corporate Services, M. Marano (attended unti1.8:04 p.m.) Deputy Treasurer, L. Gordon (attended until 8;04 p.m.) Director of Emergency Services, G. Weir (attended until 8:04 p.m.) Administrative Assistant to the Clerk, C. Fleming (attended until 8:04 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-205-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on April 18, 2006, be approved. "CARRIED" Council Meeting Minutes - 2 - May 1, 2006 PUBLIC MEETING A public meeting is being held to consider the passage of a by-law to declare a portion of a road allowance (former Scugog Street) situated in Lot 14, Concession 2, being part of a traveled road known locally as West Scugog Lane, (formerly Old Scugog Road) (Geographic Township of Darlington) and part of Block 29, Registered Plan 40M-2265 now all in the Municipality of Clarington and further identified as Parts 1-4 on Reference Plan 40R-23134 to be stopped up and closed and to be declared surplus. No one spoke in opposition to or in support of this matter. ~:7~9~:~~_iriid: On January 6, 2006 Gord Sharp, Sharp Acres Holsteins realized his dream in becoming a Master Breeder and was awarded the 2005 Master Breeders' Award of Excellence from Holstein Canada. Mayor Mutton presented Gord Sharp. with a certificate from the Municipality in recognition of the award and congratulated him on his exceptional accomplishment. Gregory Smith, Senior Vice President, Darlington Nuclear provided an annual update to Council stating the Ontario Power Generation and Darlington Nuclear were proud to be a part of the Clarington Community and would welcome any suggestions. Gregory Smfth highlighted the following: • Increased focus on the industry and awareness by consumers • Ontario Power Generation improved financial and production results in 2005 • Ontario Power Generation 2005 Accomplishments including the return to service of the Pickering Unit 1 and the decision on Pickering Units 2/3, the Niagara Tunnel project, significant improvements in performance and expansion of hydroelectric facilities • Memorandum of Agreement between the Ontario Government and Ontario Power Generation and mandate to operate with a commercial focus, improve performance, benchmark against the best of industry and expand generating hydroelectric capac'dy • Update from Darlington Nuclearincluding human performance and employee safety, station reliability progress in 2005, leadership behaviours including 2005 Environmental accomplishments and community initiatives • New nuclear in Ontario • Nuclear waste • New electricity pricing structure • Coal closure Council Meeting Minutes - 3 - ! May 1, 2006 Gregory Smith summarized his presentation noting Darlington Nuclearwa§ Canada's best performing nuclear station in 2004 and 2005 and confirming their ongoing commitment to operate Darlington in a safe, reliable and cost-conscious manner and to communicate openly and transparently through the Neighbours Newsletter, the Community Advisory Committee, the public information centre and family programs. Glenda Gies and Richard Fink, Co-Chairs, St. Marys Cement Community Relations Committee presented their Annual Report. Glenda Gies provided an overview of the Committee's mandate and scope of work stating four meetings were held in 2005 to review and discuss the following: • Progress on the Westside Marsh Reconfiguration Plan • St. Marys' proposal to deepen the quarry • Progress on and design challenges with the dock expansion project • Air quality monitoring • Efforts to reduce off-site dust and off-site effects of blasting • Work to address the visible plume from the stacks • Community Outreach efforts • Potential future use of alternative fuels at St. Marys Cement • Community concerns and response processes and measures • Green Space Strategy Plan process Glenda Gies summarized by stating St. Marys efforts to address concerns and their community outreach is gradually resulting in improved community relations noting issues raised by residents and Committee members are being addressed through studies and pilot projects. She noted that a representative of Atomio Energy of Canada Ltd. attended one of their meetings as an observer and plans to mimic the Committee in their community. She advised the Community Relations Committee recommends that the Committee continue its work. Richard Fink provided the following highlights: • Success of last year's Open House and planning for 2006 event • Important strides in environmental stewardship • Reductions in emissions • Improvements to air quality • Habitat Works and ongoing monitoring Jonathon Hill, Quarry Manager provided an update on blasting operations highlighting: • Changes in the last twelve months • New blasting contractor Dyno Nobel Canada Inc. specializing in new electronic blasting techniques • Charity Auction -Blaster for a Day Council Meeting Minutes - 4 - May 1,2006 • Open House 2005. Newspaper listings of weekly blasting schedules • Donations • Fossil Hunters • Recorded complaints Jonathon Hill summarized by stating St. Marys continues to work towards reducing emissions/impact generated by their blasting operations by working with their new contractor to understand and utilize new technology available despite the added financial cost to the company. COMMUNICATIONS Resolution #C-206-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved asper the agenda. "CARRIED" I -'1 Minutes of the Local Architectural Conservation Advisory Committee meeting dated March 21, 2006 I - 2 Minutes of the Clarington Traffic Management Advisory Committee meeting dated March 16, 2006 I - 3 Charlie Trim, Chair, Newcastle Sesquicentennial Steering Committee - Thanking the Municipality I - 4 Chris Conti, Executive Director, Friends of Second Marsh -Wetlands & Wildlife 1 - 5 P. Madill, Regional Clerk, Regional Municipality of Dufiam -Annual Subdivision/Condominium Activity Report CORRESPONDENCE FOR DIRECTION Resolution #C-207-06 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 4 to D - 6 inclusive and Items to D - 8 to D - 9, inclusive. "CARRIED" Council Meeting Minutes - 5 - May 1, 2006 D - 1 Ann-marie Harley, Chair, Newcastle Sesquicentennial Marketing, Promotions & Media Relations, advising as part of the 150"' Anniversary of iewcastle, a fireworks display is planned for the July 15~ weekend from the Kaitlin Marina in the Bond Head Parkette and requesting assistance with the closure of the Parkette and other necessary permits. (Requests approved) D - 2 Mike Colle, Minister, Ministry of Citizenship and Immigration forwarding a nomination form and information outlining details of the selection process for the Lincoln M. Alexander Award, an award to honour young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination. (Correspondence refen'ed to the Municipal Clerk to place a notice in the local newspapers) D - 3 Councillor Gord Robinson, Council Liaison, Orono BIA, requesting the closure of Main Street between Centreview and Park Street in Orono on Saturday, September 23, 2006 from 9:00 a.m. until 4:00 p.m. for the Orono Chili Cook Off. (Approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 7 Derryn Gill, Chair, Board of Directors,-Spina Bifida & Hydrocephalus Association of Ontario, requesting the proclamation of June as Spina Bifida and Hydrocephalus Awareness Month. (Proclaimed) D - 4 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax on April 10, 2006, passed the following resolution: "Whereas the 0.8 F. T .E. position for the Associate Medical Officer of Health (AMOH) as proposed in the 2006 Health Department budget was to be funded by 100% Provincial dollars and therefore has. no impact on the Regional tax levy; Whereas additional support at the AMOH level was requested and approved by the Health and Social Services Committee during the 2005 budget process and subsequently denied by Regional Council; Whereas the 2005 Annual Compliance Report indicates a number of areas where standards of the Mandatory Health Programs and Standards Guidelines are not met; Council Meeting Minutes - 6 - May 1, 2006 Whereas the province's Chief Medical Officer of Health, Dr. Sheela Basrur, in her 2005 Annual Report to the Legislature articulated her concern- regarding longstanding vacancies in Medical Officer of Health positions due to unsustainable call schedules and limited human and other resources as being major deterrents to attracting new entrants to the field; Whereas the increases in workload and areas of responsibility have increased since 1994 when the first AMOH position was approved in Durham Region; for example, by 2004, the population of Durham Region had increased by 23.8% • # of publicly funded vaccines has increased by 45.5% # of children aged 0-19 years has increased by 14.3% • # of reportable diseases investigated has increased by 46.1 • #of designated reportable diseases has increased by 13 to 85 or 18.1%; Whereas a number of Durham municipalities are designated underserviced by physicians and the 0.8 FTE AMOH could provide the opportunity for the incumbent to provide some clinical services within the community; Whereas the AMOH provides medical consultation and authority with regards to infectious diseases for public health staff, hospitals, long term care facilities and the community in Durham Region; Whereas pandemic influenza planning and a consolidated community response led by Durham Region Health Department will provide protection in order to reduce morbidity and hospitalizations, and minimize societal disruption and economic losses; Whereas the recent examples of emerging infectious diseases such as West Nile virus, multi-drug resistant tuberculosis, the Walkerton water disaster, outbreaks of new antibiotic resistant microbes, avian influenza and SARS, has required a strong public health system with effective adequately resourced medical leadership; Therefore be it resolved that the Council of the Town of Ajax recommends that the 0,8 FTE Associate Medical Officer of Health position as proposed in the original submission of the 2006 Health Department budget be approved in the 2006 Regional budget." Council Meeting Minutes - 7 - May 1, 2006 Resolution #C-208-06 ,, Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 4 be received for information. "CARRIED" D - 5 Harold Luckasavitch, Clerk, Township of South Algonquin, advising Council that the Township of South Algonquin on April 6, 2006, passed the following resolution: "WHEREAS the Ontario Ombudsman has completed his extensive review of MPAC's administration of Current Value Assessment (CVA) and has issued a scathing 94-page Report admonishing MPAC for mishandling the administration of assessment in Ontario and has included numerous recommendations in his report for immediate change. WHEREAS the ombudsman states at page 64 of his-Report that his mandate was limited to the administration of propertyassessment, not the system itself, however he states that he cannot overlook the wave of concern directed at the existing assessment legislation and therefore sets out some compelling arguments for the Provincial Government to introduce urgent reform to CVA, such as a 5% cap on the maximum allowable annual increase in property assessment. WHEREAS the 5% cap on property assessment increases has existed since 1999 in Ontario for all industrial and commercial property owners and by applying the cap to residential properties it would create a level playing field for assessment relating to all classes of properties. WHEREAS M.P .P .Tim Hudak has recently introduced a Private Members Bill in the Legislature that; if passed, would: (a) establish a 5% cap on increases for residential property owners (b) allow homeowners to make $25,000.00 in home repairs, alterations, or additions to their properties without triggering increases in property assessments (c) allow seniors and disabled property owners to be exempted from paying taxes on the first $10,000.00 of assessed value on a principal residence- WHEREAS Health Units, Nursing Homes and District Social Services Administration Boards establish their levies to member municipalities using "weighted assessment" that creates outrageous increases in levies due to spikes in municipalities levels of assessment which, if capped at 5% would not occur. Council Meeting Minutes - 8 - May 1; 2006 BE IT RESOLVED THEREFORE that the Township of South Algonquin requests the Provincial Government to immediately introduce-the changes described above to the Current Value Assessment system as reflected in the Ombudsman's Report (para. 178, 179, and 180 at page 64), as well as the preceding changes contained in M.P .P .Tim Hudak's Private Members Bill so as to provide immediate relief to the countless ratepayers in all parts of Ontario who are being unfairly served by a punitive, unstable and volatile Current Value Assessment system. BE IT ALSO RESOLVED that all 445 municipalities in Ontario as well as A.M.O.-and R.O.M.A. receive this resolution and be asked to support this resolution by sending a copy of their endorsement to Premier McGuinty at their earliest convenience." Resolution #C-209-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 5 be received for information. "CARRIED" D - 6 John Slater, Chair, Orono Crown Lands Trust, advising the Orono Crown Lands Trust, a registered non profit charitable organization, is responsible for day-to- day management activities of 633 acres of the Orono Crown Forest through a 20 year Management Plan. The forest has one of the worst infestations of dog- - strangling vine in the Region, a potential invasive species. He is requesting a Municipal grant in the amount of $5,000 to purchase a chipper, an essential component of the invasive species program. Resolution #C-210-06 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS the Orono Crown Forest, mahaged by the Orono Crown Lands Trust, is a provincially-owned property and one of the largest provincial tree nurseries; and WHEREAS the forest has one of the worst cases of dog-strangling vine infestations in the Region and Orono Crown Lands Trust deems it necessary to purchase a chipper to assist with mitigation of potential spread of invasive species; and WHEREAS the Orono Crown Lands Trust is not eligible for a grant under our grant process. criteria, Council Meeting Minutes - 9 - NOW THEREFORE BE IT RESOLVED May 1, 2006 THAT the Municipality's grant process criteria be waived in this instance; and THAT the Orono Crown Lands Trust request fora $5000 grant be approved for the purchase of a chipper and that this grant be funded through the grant fund. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Petunia Interest Councillor Foster Councillor MacArthur Councillor Pin le Councillor Robinson Councillor Schell Councillor Trim Ma or Mutton Resolution #C-211-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT the correspondence from the Orono Crown Lands Trust requesting a grant in the amount of $5,000 for the purchase of a chipper be referred to the Operations Department for further discussion; and further that as the matter is of Provincial jurisdiction, correspondence be sent to the Ministry of Natural Resources requesting funding for the purchase. "CARRIED" D - 8 Kathryn J. Vout, Town Clerk, Town of Grimsby advising Council that the Town of Grimsby on April 3, 2006, passed the following resolution: "Whereas if is a goal of the Greenbelt Plan to provide permanent agricultural protection together with a vibrant and evolving agricultural and rural economy; and Whereas R is a goal of the Greenbelt Plan to support the Niagara Peninsula Specialty crop area as a destination and centre of agriculture, focused or the agri-food sector and agri-tourism industries related to grape and tender fruit production; and Whereas a goal of the Greenbelt Plan is to provide the appropriate flexibility to allow for agriculture, agriculture-related and secondary uses, normal farm practices and an evolving agricultural/rural economy; and Council Meeting Minutes - 10 - May 1, 2006 Whereas it is a goal of the Greenbelt Ptan to increase certairiiy for the agricultural sector to foster long-term investment in, improvement to, and management of the land; and Whereas providing a positive climate for farmers is a critical aspect in sustaining the viability of the farming; and Whereas the Greenbelt Plan (Section 4.6 Lot Creation) and the Provincial Policy Statement do not permit retiring farmers to create lots on land to which they have had alife-long financial and emotional tie; and Whereas the Greenbelt Plah fails to recognize the rights of farmers to retire with the financial and social stability provided by the traditional retirement lot; and Whereas the Greenbelt Plan fails to acknovrledge the important life-long service provided by farmers to the people of Ontario; and Whereas the famters of Ontario face numerous natural and economic hardships throughout their careers, without the additional interterence of provincial legislation; and Whereas the current Greenbelt Plan acts as a deterrent for existing farmers wishing to continue a career in agriculture; and Whereas the current Greenbelt Plan acts as a disincentive for future farmers hoping to begin careers as farmers. Now therefore be it resolved that the Town of Grimsby implores the government of the Province of Ontario to amend the Greenbelt Plan and the Provincial Policy Statement to permit the creation of retirement lots for a farmer of retirement age who is retiring from active working I'rfe, and has owned and operated the farm operation for a substantial number of years; and that a copy of this resolution be forv+rarded to the Honourable Dalton McGuinty, Premier of Ontario; the Honourable John Gerretson, Minister of Municipal Affairs and Housing; Jennifer Mossop, M.P.P. Stoney Creek Riding; the Regional Municipality of Niagara, and to the Association of Municipalities of Ontario for circulation to all municipalities in the Greenbelt for their support." Council Meeting Minutes - 11 - May 1, 2006 Resolution #C-212-06 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 8 be received for information. "CARRIED" D - 9 Linda Gasser commenting on Regional Report 2006-P-33 -Consideration of issues related to the implementation of the Greenbelt Act, 2005 and the Greenbelt Plan and Regional Report P-39 -Durham Region Official Plan Review -Consideration of the Recommended Directions and Authorization to Release the Supplemental Attachment to the Proposed Amendment and requesting Council make their Greenbelt boundary/urban expansion positions known at a public meeting in Clarington and provide residents with the opportunity to respond to a staff report and to make their views on the matter known to Council Resolution #C-213-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 9 be referred to the Director of Planning Services. "CARRIED" MOTION REPORTS Report #1 -General Purpose and Administration Committee Report -April 24, 2006 Resolution #C-214-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of April 24, 2006 be approved. "CARRIED" Council Meeting Minutes - 12 - May 1, 2006 Report #2 -Confidential Property Matter Resolution #C-215-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the recommendations contained in Confidential Report EGD-025-06 be approved. "CARRIED" UNFINISHED BUSINESS Resolution #C-216-06 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Gregory Smith, Senior Vice President, .Ontario Power Generation be thanked for his presentation to Council "CARRIED" Resolution #C-217-06 Moved liy Councillor Robinson, seconded by Councillor Pingle THAT Glenda Gies, Richard Fink, Co-Chairs, St. Marys Cement Community Relations Committee and Jonathon Hill, St. Marys Cement be thanked for their presentation to Council "CARRIED" OTHER BUSINESS Resolution #C-218-06 Moved by Councillor Foster, seconded by Councillor Schell THAT the Rules of Procedure be suspended to allow for the introduction of an item of new business at this time. "CARRIED" Council Meeting Minutes - 13 - May 1, 2006 Resolution #C-219-06 Moved by Councillor Foster, seconded by Councillor MacArthur Whereas the Experts Panel on Paper Fibre Bio-Solids recommended a number of initiatives to the Minister of Environment in February 2005 and action on these recommendations have yet to be taken, and Whereas Clarington Council supported the recommendations of the Experts Panel through Resolution #GPA-208-05; and Whereas the Region, local municipalities and environmental groups have been pressing the MOE to keep waste destined for further processing or blending into products such as Sound-Sorb, Nitro-Sorb, etc. under the regulatory umbrella of the MOE throughout the transportation, processing, storage/stock piling and final resting site under a Certificate of Approval (C of A) and under the provisions of the Nutrient Management Act (NMA) in the case of agricultural applications, and Whereas the Region must lead by example and take a "cradle to grave" approach to the compost processing contract, Now therefore be it resolved that the Municipality of Clarington does not support the concept of mixing paper-fibre biosolids with compost as contemplated in the contract with Waste Management of Canada Corp. until the recommendations of the Experts Panel are implemented by MOE and further that the Region of Durham and Ministry of Environment be informed of this resolution and it be circulated to all other local municipalities in Durham Region for endorsement. "CARRIED" Resolution #C-220-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting be "closed" to consider a personnel matter. "CARRIED" Resolution #C-221-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Council Meeting Minutes - 14 - May 1, 2006 . BY-LAWS By-law 2006-099 was withdrawn from the agenda. Resolution #C-222-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-095 to 2006-098, inclusive and that the said by-laws be now read a first and second time: 2006-095 Being a by-law to authorize entering into an agreement with the Owners of lands subject to Part Lot Control Application ZBA 2006-0005 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of Part Lot Control Application -ZBA 2006-005 2006-096 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation. of the Municipality of Clarington 2006-097 Being a by-law to declare a portion of a road allowance (former Scugog Street) situated in Lot 14, Concession 2, being part of a traveled road known locally as West Scugog Lane, (formerly Old Scugog Road) (Geographic Township of Darlington) and part of Block 29, Registered Plan 40M-2265 now all in the Municipality of Clarington and further identified as Parts 1-4 on Reference Plan 40R= 23134 to be stopped up and closed and to be declared surplus 2006-098 Bing a by-law to authorize the conveyance of Part 1 and Part 3 on Reference Plan 40R-241.34 to Gerald and Lorraine Lynch and to authorize the conveyance of Part 2 and Part 4 on Reference Plan 40R-24134 to Paul and Kimberly Eyers Resolution #C-223-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws. 2006-095 to 2006-098 inclusive be approved. "CARRIED" Council Meeting Minutes - 15 - May 1, 2006 CONFIRMING BY-LAW Resolution #C-224-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-099 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 1st day of May, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-225-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-099 be approved. "CARRIED" ADJOURNMENT Resolution #C-226-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 8:22 p.m. "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE MAY 15, 2006 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Draft Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 11, 2006 (Copy attached) I - 2 Samantha Kassel, Project Officer, Environmental Assessment & Approvals Branch, Ministry of the Environment, forwarding a copy of the Notice of Approval of the Durham/York Residual Waste Study Environmental Assessment Terms of Reference including a copy of the Minor Modifications to the Proposed EA Terms of Reference in " Support of Agency Comments and requesting the Terms of Reference, copy to be forwarded in the near future, be made available for public viewing in the municipal office. Copies of the approved Terms of Reference and related documentation on the EA study are also available online at the Durham/York Residual Waste Study Website at www.d urhamvorkwaste.ca. I - 3 Jerry Ouellette, MPP, Oshawa extending an invitation to Mayor Mutton and Members of Council and staff to participate in the 6~' Annual Jeny Ouellette Kids Fishing Day at Devil's Den Pond at Heber Down Conservation Area in Whitby on Saturday, May 27, 2006, and forwarding a promotional flyer and directions to Heber Down Conservation Area I - 4 Beverly Stevenson, Rabies Research and Development Unit, Ministry of Natural Resources, advising that the province has started its annual wildlife rabies control operations for 2006. The ministry is committed to the research, control and eradication of rabies in Ontario, thereby protecting the health and safety of the public, their pets and the wildlife of this province. I - 5 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) forwarding MPAC's Annual Report and Financial Statements for the year ended December 31, 2005. I - 6 Laura Macleod, Co-Chair and Mark McConkey, Ride Captain, Durham Chapter, The Motorcycle Ride for DAD, advising of the inaugural 'Ride for DAD', an organized charity event in support of prostate cancer, that will pass through Clarington on June 11, 2006. The organizers are expecting up 250 riders to participate through rural Durham noting the riders will be in small groups and that the Durham Police Association are involved in this family. charitable event. Summary of Correspondence - 2 - May 15, 2006 I - 7 Ontario Good Roads Association, Municipal Advisory, Ministry of .Transportation, forwarding a Heads UP Alert advising of amendments to the Highway Traffic Act effective March 31, 2006, making it an offence to disobey a traffic control person's STOP AND SLOW sign, with fines on conviction between $60 and $500 and penalties of 3 demerit points for this offence. I - 8 Ministry of Municipal Affairs and Housing, News Release advising of the introduction of the Long-Standing Service Awards, a program to recognize municipally elected officials with at least 25 years of service for their contributions and dedication to helping shape Ontario communities. I - 9 Sandra Kranc, City Clerk, City of Oshawa, writing to the Region of Durham advising that the City of Oshawa on April 10, 2006, endorsed the Region of Durham's resolution supporting the Best Start Program and the National Early Learning and Child Care Program. I -10 Rick Lea, Executive Director, Durham Region Local Training Board, advising of the 'Durham Divas' sing a song of trades article which appeared in the March 30, 2006, edition of the Toronto Star as part of a campaign undertaken by the Local Training Board to promote women in the trades and to facilitate development of a skilled, relevant, inclusive and adaptive labour force in Durham Region. I -11 Association of Municipalities of Ontario providing highlights of the 2006 Federal Budget that will help Ontario Municipalities. The government has committed to restoring the fiscal imbalance for the Canadian Federation as a priority. - 12 Tariq Asmi, Executive Director, GTA/905 Healthcare Alliance advising of a resolution passed by the Greater Toronto and Hamilton (GTAH) Mayors and Chairs Committee calling on the Province to provide immediate growth funding to GTA/905 hospitals, wmmft to funding new Local Healthlntegration Networks (CHIN), and develop a hospital and health service plan for Ontario's high growth regions. Information shared by the GTA/905 Healthcare Alliance showed hospital operating funding for GTA/905 residents' hospital care continues to fall behind that of other Ontarians. I - 13 David Kingston, Chair, OMERS Board, forwarding a copy of the 2005 OMERS Annual Report. -14 Paul Jones, Town Clerk, Town of W hitby, fowarding a copy of Report 13-06, Joint Planning and Public Works Directors' Addendum Report outlining the Town of Whitby's comments and concerns on the Proposed Amendment to the Durham Regional Official Plan - Commercial, Rural, Environmental and Transportation components. Summary of Correspondence - 3 - May 15, 2006 I - 15 John R. O'Toole, MPP, Durham, forwarding a copy of his correspondence to the Honourable Harinder Takhar, Minister of Transport, highlighting the need for improvements at the two Highway 401 interchanges in Bowmanville to address safety of motorists and smooth flow of traffic in response to rapid growth in the community. I -16 John R. O'Toole, MPP, Durham, forwarding a copy of his: correspondence to the Honourable Dwight Duncan, Minister of Finance, forwarding a copy of the municipality's resolution and report concerning ways to reduce the 2006 farm taxes and requesting the Province to match the tax ratio reductions that municipalities may approve for farm properties. I -17 Margaret Craw, Executive Director, Frontenac Youth Services,. thanking Council for their ongoing support of Frontenac Youth Services' work in the local community and advising that May 8 to 12, 2006, is recognized as International Children's Mental Health Week and inviting the municipality to join their efforts through work in a community leadership capacity. I - 18 Fred and Sandy Archibald, Archibald Orchards & Estate Winery extending an invitation to Council on behalf of the Big Brothers/Sisters of Clarington and Archibald Orchards Estate Winery to the 7"' Annual Fruit Wine & Food Festival on Saturday, May 27, 2006. I - 19 The Regional Municipality of Durham/The Regional Municipality of York Joint Waste Management Group, forwarding a Public Notice on the Durham/York Residual Waste Study advising the Draft Report on the Consultant's Conclusion for a Preferred Alternative System has been issued for review and that public information sessions have been organized at locations in Durham and York to obtain input on the Consultant's conclusion on the preferred system. A public delegation session will take place at Regional Headquarters on May 17, 2006, and interested parties are requested to register to speak prior to May 12, 2006. I - 20 Port Granby Project Discussion Group Draft Meeting Agenda for Wednesday, May 17, 2006. I - 21 Association of Municipalities of Ontario (AMO) advising of changes to the funding model for Ontario's Blue Box Program and advising on June 2, 2006, the Association of Municipal Recycling Coordinators (AMRC) will be conducting the first of four consultation sessions on Best Practices and how they will be applied. In 2008 funding for the blue box program will be linked to a municipality's implementation of recognized 'Best Practices' and AMO is encouraging all practitioners to attend to learn what approaches are being considered as the basis for determining best practices and payment levels and how performance indicators and Best Practice activities might affect the outcome. Summary of Correspondence - 4 - May 15, 2006 I - 22 D. Bowen, Deputy Clerk, Regional Municipality of Durham advising Council that the Finance and Administration Committee of Regional Council on April 11, 2006, passed the following resolution-and that part a) was subsequently incorporated into the final budget,adopted by Council on April 19, 2006: "a) THAT $23,000 be added to the 2006 Police Services Board Business Plans and Budget to operate the Comra search and rescue service, provided that the City of Oshawa, Town of Whitby and Municipality of Clarington each provide $5,000 to Comra for the year 2006; and that Comra Marine Rescue Association be requested to discuss with the Police Services Board operational rules and procedures and provide them and Finance staff with their audited financial statements; b) THAT the Dufiam Regional Police Services Board be requested to consider long-term funding and operational agreement with Comra for future years; and c) THAT a copy of this resolution be forwarded to the City of Oshawa, Town of Whitby and Municipality of Clarington " I - 23 Ministry of Municipal Affairs and Housing News Release advising of the introduction of the Residential Tenancies Act, 2006, legislation proposed to reform the rental housing system and promote a healthy investment climate for Ontario's rental housing market, by providing better protection for tenants and landlords; ensuring fairer rent increases and promoting investment in rental housing. CORRESPONDENCE. FOR DIRECTION D - 1 Philip Meagher, Deputy General Manager, Operations, Dufiam Region Transit responding to Clarington's request for free in town bus service on Saturday, October 14, 2006, forBowmanville Applefest. (Motion to refer correspondence to the Bowmanville BIA) D - 2 Yvonne J. Williams, Director of Marketing and Development, Driftwood Theatre Group, submitting an application for a municipal grant in the amount of $500 to assist with the group's performance in Bowmanville on August 3, 2006, as part of the Outdoor Summer Theatre tour production of Shakespeare. (Motion to advise of Municipal Grant Policy) Summary of Correspondence - 5 - May 15, 2006 D - 3 Dominique Lemieux, Director, Public Affairs Communications Branch, Indian and Northern Affairs Canada, requesting June 21, 2006,. be proclaimed National Aboriginal Day. (Motion to Proclaim) D - 4 Gloria Kovach, President, Federation of Canadian Municipalities, advising of the establishment of the Green Municipal Fund (GMF), a new funding opportunity for Municipal governments to apply for low interest loans through the Brownfield Remediation RFP process for the remediation and redevelopment of municipally owned brownfields as well as brownfields owned by private developers and advising of the timelines and details of the RFP requirements and process. (Motion to'refer correspondence to Director of Planning Services and Director of Finance) D - 5 Residents of Cedar Park Road North, expressing concern with the size and weight allowance of the proposed bridge on Cedar Park Road North noting the 12.5 foot wide bridge as proposed will not allow for proper access by farmland equipment, large deliver trucks or proper snow removal and requesting an immediate solution for access to their properties during the two week work period. (Motion to refer correspondence to the Director of Engineering) D - 6 Anita Moore, Town Clerk, Town of Newmarket advising Council that. the Town of Newmarket on April 24, 2006, adopted the following resolution: "WHEREAS it is in the public interest to ensure accessibility to a full range of services and facilities for all members of the public; AND WHEREAS the elderly and persons with physical disabilities or limitations require access to full service gas stations; AND WHEREAS there are fewer gas stations in the Town of Newmarket and elsewhere in the vicinity, offering full service faci-ities; AND WHEREAS the Accessibility Advisory Committee and the Council of the Town of Newmarket endorse the Town of Markham's resolution with respect to this matter; THEREFORE BE IT RESOLVED by the Municipal Council of the Corporation of the Town of Newmarket as follows: THAT the Canadian Petroleum Products Institute be requested to review with its members the need to ensure that all gas stations make provision for full service to patrons having special needs; Summary of Correspondence - 6 - May 15, 2006 2. AND THAT the Province of Ontario be requested to address the issue of accessibility to gas station service in Provincial policies and guidelines pertaining to the accessibility needs of Ontarians; 3. AND THAT the Town of Newmarket Council and staff use all available tools to ensure the provision of a full service component for all future gas station-facilities in the Town of Newmarket; 4. AND THAT a letter be sent to all gas station operators in the Town of Newmarket requesting them to review their current operations to see what can be done to accommodate patrons with special needs; 5. AND THAT a copy of this resolution be forwarded to the Canadian Petroleum Products Institute, the Province of Ontario, the Town of Markham and other York Region municipalities, the Newmarket Accessibility Advisory Committee and to the Association of Municipalfties of Ontario for email circulation." (Motion to refer correspondence to the Accessibility Advisory Committee) D - 7 Charlene Janes, requesting approval for the 'Walk Around The Block For Brock', a 33 kilometre fundraising walk in support of Duchenne Muscular Dystrophy to be held on June 3, 2006. The walk will commence at 7:00 a.m. in Oshawa with participants walking along Highway 2 to King and George Street in Bowmanville and back. The event organizer has advised there will be approximately 60 to 80 participants including walkers and volunteers and a police escort at the front and back of the group. (Motion to endorse. the event and forward the correspondence to the Director of Engineering) D - 8 Sandra Crandall writing to David Kelly, Committee Chair, Clarington Accessibility Advisory Committee, submitting her resignation from the Clarington Accessibility Advisory Committee due to personal reasons. (Motion thank Ms. Crandall for her service to this Committee and correspondence be referred to the Municipal Clerk) D - 9 Alice Huynh, on behalf of Falun Dafa Association of Canada, providing information on the Falun Dafa practice and requesting a proclamation or congratulatory letter to the Falun Dafa Association of Canada acknowledging `Falun Dafa Month, May 2006, Honouring Truthfulness, Compassion and Forbearance'. (Motion to Proclaim) Summary of Correspondence - 7 - May 15, 2006 D - 10 Deanna Jones-Keeshig, Independent First Nations Health Services, forwarding the Mother Earth Water Walk Communication Package 2006, highlighting the Mother Earth Water Walk, a four year spiritual .journey initiated by Josephine Mandamin, an Anishinawbe grandmother who organized walks around the. perimeter of the Great Lakes to promote awareness about the significance of water in our lives. In the past three years, walks have been completed around three of the five Great Lakes and the year 2006 brings a finale to the vision of the Mother Earth Water Walk with Lake Erie and Lake Ontario being walked simultaneously beginning on Saturday, April 29, 2006 and continuing through the month of May. Deanna Jones Keesig extended an invitation to engage the municipality's participation and to request support through financial or in-kind donations. (Motion for Direction) D - 11 P. M. Madill, Regional Clerk, Region of Durham writing to the Right Honourable Stephen Harper advising of Regional Council's endorsement of the following resolution of the Town of Caledon: . "WHEREAS there is an income crisis on Ontario's farms; AND WHEREAS the Ontario Federation of Agriculture has called upon the Provincial and Federal Governments to act in order to solve the problem of negative incomes on Ontario farms; AND WHEREAS the farmers of our municipality support the local and provincial economy and jobs; THEREFORE BE IT RESOLVED THAT the Town of Caledon recognizes the real threat to the long term financial viability of Ontario farmers and their communities and request that the govemments of Ontario and Canada commit to: • Immediate and sufficient funding for long term programs and delivery of funding over the next three years, until the next Agricultural Policy Framework can be designed and implemented to provide a satisfactory standard of living for Ontario farmers and their families; • Flexibility in the delivery of assistance to farmers that works for farmers and, as such, will preserve programs like supply management systems that have already proven to work for farmers, consumers, Federal and Provincial Governments; A commitment to build on and improve the five Agricultural Policy Framework (APF) pillars for long term growth and development. Summary of Correspondence - 8 - May 15, 2006 AND FURTHER THAT Council for the Corporation of the Town of Caledon circulate this resolution to the Prime Minister of Canada, the Federal Minister of Agriculture, members of Parliament in Ontario, the Premier of Ontario, the Ontario Minister of Agriculture, Food and Rural Affairs, the Ontario government caucus and all municipalities in Ontario." (Motion for Direction) D -12 Debi A. Bentley, City Clerk, City of Pickering advising Council that-the City of Pickering on April 18, 2006, adopted the following resolution: "WHEREAS public libraries in Ontario receive an annualgrant from the Province of Ontario to support resource-sharing between libraries and the direct delivery of public library service; AND WHEREAS the City of Pickering recognizes that the public library is the best place in the community to access information in a variety of formats, with the support and. expertise of trained staff, AND supports the public library in its endeavours to manage AND share information AND build commuhity capacity in the knowledge-based economy; AND WHEREAS the City of Pickering believes in the importance of the flow of information and collaboration across borders and among municipalities, and supports partnerships between public libraries to achieve a strong publio library service to all communities; AND WHEREAS the City of Pickering and its citizens share the Province of Ontario's understanding about the importance to the future of the province of a healthy, educated and motivated work force, and the key role of public libraries in delivering this mandate; AND WHEREAS the Province of Ontario is increasingly regarding libraries as public access points for e-govemment services, and as distribution points for information relating to legislation and government programs and services; AND WHEREAS the City of Pickering is vitally interested in its citizens having the widest possible access to the growing number of govemment programs and services to further community aspirations, improve public safety and ensure equitable access to literacy and the life-long teaming opportunities that are central to a growing, vibrant community, and which are the cornerstone of a literate and democratic society; AND WHEREAS between 1992 and 2005 the Provincial grant for Pickering Public Library declined 30%from $151,500 to the current $106,425, wfth similar reductions in funding for all public libraries across the Province; Summary of Correspondence - 9 - May 15, 2006 AND WHEREAS the Provincial base funding to all public libraries in the Province of Ontario has not increased since 1999 in spite of significant increases in service, population and operating costs; AND WHEREAS the annual Provincial grant for libraries is based on 1997 statistics from the Ministry of Municipal Affairs and Housing for the number of households in a community, calculated using the 1998 rate of $4.08 per household; BE IT RESOLVED THAT: 1) The Council of the Corporation of the City of Pickering understands the value and significance of the public library, and its role in creating a dynamic, connected community, and calls on the Premier of Ontario, the Minister of Municipal Affairs and Housing and the Minister of Culture to: a) recognize the impact of public libraries across Ontario as a vital resource that works across sectors to meet the demands of the new knowledge-based economy, AND supports the future growth and prosperity of Ontario; b) provide increased provincial funding for public libraries, and base the Provincial library grant on an updated and sustainable indexing model; 2) A copy of this resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the Minister of Culture, the Association of Municipalities of Ontario, and the Regional Municipality of Durham and all area municipalities and local members of the Provincial Legislature; and 3) The Pickering Public Library Board be requested to circulate this resolution to the Ontario Library Association and Federation of Ontario Public Libraries, requesting support for this resolution:' (Motion for Direction) D - 13 K. Elizabeth Fulton, CAO/Clerk, County of Frontenac advising Council that the County of Frontenac on April 19, 2006, passed the following resolution: "WHEREAS all employers within the Province of Ontario must comply with the Employment Standards Act 2000, as amended (ESA); AND WHEREAS Section 20 of the ESA requires all employers to provide their employees with `an eating period of at least 30 minutes at intervals that will result in the employee working no more than five consecutive hours without an eating period' (eating period requirement); Summary of Correspondence - 10 - May 15, 2006 AND WHEREAS Section 17 (1) of the ESA limits the number of hours an employer can require an employee to work during a day; AND WHEREAS Section 17 (1) of the ESA further limits the number of hours an employer can require an employee to work in a work week; AND WHEREAS Section 18 (1) of the ESA requires all employers to ensure their employees have at least 11 consecutive hours free from performing work in each day; AND WHEREAS the County of Frontenac has invested over $450,000 in 2005 for additional ambulance coverage; AND WHEREAS despite that investment the 90"' percentile for the County of Frontenac has increased by 24 seconds during 2005 due to the requirements to meet the ESA; AND WHEREAS paramedics are part of the health care system in the Province of Ontario; AND WHEREAS many other health care disciplines are exempt for many sections of the ESA; AND WHEREAS the industry itself agrees with the proposal put forward that these issues should be negotiated into local agreements; AND WHEREAS an exemption applied to many services prior to the downloading of Land Ambulance to the Upper Tiers; AND WHEREAS all Land Ambulance services across the Province of Ontario are emergency services where employees respond to emergencies as directed by Central Ambulance Communications Centres, which, in most areas of Ontario, are under the direction of the Ministry of Health and Long Term Care; AND WHEREAS there are times during the shifts of the employees of a Land Ambulance service when taking a break may place patients at mortal risk; AND WHEREAS there are times during the shifts of the employees of a Land Ambulance service when these same employees cannot leave their immediate assignment in order to limit. the number of consecutive hours of work without placing a patient at potential mortal risk; AND WHEREAS there are times when employees are required to work longer than the restricted period during a day or per work week, as a result of overtime demands resulting from situations when these same employees could not leave a shift without placing a patient at potential mortal risk; Summary of Correspondence - 11 - May 15, 2006 AND WHEREAS there are times when the period of time between scheduled shifts may be less than required, as a result of the additional time an employee was required to work to avoid placing patients at mortal risk; NOW THEREFORE the Council of the Corporation of t(te County of Frontenac continues to petition the Province of Ontario, through the Minister of Labour, to amend Ontario Regulation 285/01 to include a full exemption from Part VII of the Employment Standards Act, 2000, as amended, for paramedics in the employment of municipalities, other service delivery agents or delegates across the Province of Ontario; AND FURTHER the Council of the Corporation of the County of Frontenac petitions the Province of Ontario, through the Minister of Labour, to require local agreements regarding meal breaks and hours of work to be negotiated and must form part of each collective agreement for said agreement to be valid between the parties.° (Motion for Direction) D - 14 John Stephenson, Hon. Sec. South East Clarington Ratepayers Association (SECRA) advising that SECRA has no confidence in the technical judgment of staff or the peer review team in relation to Port Grandby issues and requesting Council to provide funding for an independent review of both the 'Qualified Concept Report' and the 'Environmental Assessment Study Report', prepared by the Low Level Radioactive Waste Management Office (LLRWMO) in relation to the long term storage of the radioactive and chemically toxic wastes, currently located at Port Grandby. (Motion for Direction) D - 15 John Stephenson, Hon. Sec. South East Clarington Ratepayers Association (SECRA) forwarding copies of correspondence to the Ministry of Natural Resources concerning the base liner and non- confidence in the Low Level Radioactive Waste Management Office pertaining to the long term storage of radioactive waste at Port Granby. (Motion for Direction) D -16 P. M. Madill, Regional Clerk, Regional Municipality of Durham writing to the Honourable Dwight Duncan advising Regional Council on April 19, 2006, adopted the following resolution: a) THAT for 2006 Property Tax Purposes, the following property tax policy changes be approved in order to phase-in the objectives of the Region's Long Term Strategic Property Tax Plan: i) The Large Industrial Tax Ratio be reduced to 2.5112 times the Residential Tax Ratio (2.5950 in 2005); ii) The Multi-Residential Tax Ratio be reduced to 1.9188 times the Residential Tax Ratio (2.0750 in 2005); Summary of Correspondence - 12 - May 15, 2006 iii) The Farmland Tax Ratio be reduced to 02167 times the Residential Tax Ratio (0.2333 in 2005); and b) THAT the Region of Durham request that the Province honour its past practice of matching the Region's tax ratio reductions by reducing the Education Taxation for the Industrial property tax classes in proportion to the Region's municipal tax ratio reduction as proposed in Recommendation #a)i) and further, the Province also match the municipal tax reduction for the Farmland property tax class as proposed in recommendation #a)iii). c) THAT for the 2006 Mandated Provincial Business Protection Program (Capaing), the. new options made available to municipalities by the Province in 2005 and chosen by Regional Council for the Multi-Residential, Commercial and Industrial property tax classes, as outlined below, be continued: i) The maximum percentage increase or cap in property taxation due to reassessment in any given year be maintained at 10% of the previous year's taxes; ii) A minimum annual threshold increase of 5% of total CVA property taxation be continued for properties that are provided protection; iii) The 'billing' thresholds be maintained such that any property whose taxation burden under the mandated Provincial Business Protection program is within $250 of its CVA based taxation be required to pay its full CVA level property taxation amount and the clawback percentage be adjusted accordingly; and iv) The preferential tax treatment afforded to New Construction properties continue to be phased out as indicated below and New Construction properties be taxed at the full rates by 2008. 2006 80% Minimum of CVA Taxes 2007 90% Minimum of CVA Taxes 2008 100% Minimum of CVA Taxes d) THAT the Minister of Finance be advised that the Region of Durham, again, requests that the following chances be made to in the property tax and assessment system; Summary of Correspondence - 13 - May 15, 2006 i) Provincially Mandated Business Protection Program In light of the need to reduce the complexity and confusion of the current Provincial program and to establish fairness and equity with respec: to taxation in the Non-Residential sector, the Province should permanently exclude all properties that reach their full CVA level taxation from all future capping programs (i.e. once removed, a property would no longer be eligible for protection or clawback resulting from future reassessments). ii) Assessment Cvcle • The Minister of Finance formally announced the Provincial Governfient's intentions with respect to on- going annual reassessments since the three-year assessment averaging originally intended in the initial 1998 Current Value Assessment reforms was postponed by the Province but no formal replacement plans have beenannounced. Further, as recommended in 2005, the Province conduct province-wide reassessments on a three year rather than an annual basis in an effort to provide a degree of stability and predictability for taxpayers with respect to their property taxation and eliminate some of the complexity and confusion resulting from annual reassessments. iii) Assessment Aoaeals In light of numerous and continuous large property. assessment appeals that have and continue to have the potential to negatively impact the Regional assessment base which in turn affects all taxpayers in Durham, and in keeping with the Region's responsibilities for setting Region-wide tax policy, the Province grant upper tier municipalities status in the assessment appeal process, including the following: the right to complain to the Assessment Review Board on individual assessments; the right to be a party at the assessment appeal hearings; and the right to be notified of appeals and settlements by the Municipal Property Assessment Corporation (MPAC). Summary of Correspondence - 14 - May 15, 2006 e) THAT the Towns of Whitby and Ajax be advised that the Region of Durham will not participate in their recently implemented Heritaoe Property Tax Rebate Proorams (SC#94), but will reconsider this issue at such time as all Local Area Municipalities implement similar programs, and, as a result, a Region-wide Heritage Property Tax Rebate Programs could be adopted, f) .THAT the following correspondence concerning property taxation and assessment issues be received for information: CC#005 Township of Severn requesting the Province to create an appropriate tax class for Canadian Heritage Museums and other similar non-profd organizations. g) THAT the requisite by-laws for the 2006 Long Tenn Strategic Property Tax Plan be prepared by the Regional Solicitor in conjunction with the requisite By-laws for the Region's 2006 Business Plans and Budgets.. h) i) THAT in order for General Motors to incorporate into its Business Case for new product in Oshawa and as a signal of support to the auto Sector, Finance Staff be directed to set the municipal tax ratio for the large industrial property tax class at the same level as the industrial residual property tax class in 2007 and that no effort be made to use Regional funds to offset the resulting tax shifts that will occur among the property tax classes as a result; and - ii) THAT the Region and its member municipalities 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 and the Education Tax. (Motion for Direction) I - 1 Draft minutes -Not vet aouroved by Committee NOTES OF MEETING OF SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE HELD ON TUESDAY APRIL 11, 2006 AT 7:00 P.M. Present: Allan Hewitt, Chair (Voting) David Best Jim Cleland John Stoner Karin Murphy Arthur Burrows Joe McKenna Leanne Sobol Also Present: Peter Windolf, Staff (Non-Voting) Councillor Don MacArthur Dianne Graham, Secretary Regrets: Absent: Peter Waring, MNR Warren May, MNR Greg Wells, GRCA 1. Agenda Additions Introduction of John Stoner, new member of SWNAC Temporary measures of the bridge Acceptance of Agenda MOVED by Joe McKenna ,seconded by Karin Murphy THAT the agenda for be accepted for April 11, 2006 CARRIED 2. Minutes of March 21, 2006 ~9~:'t"Rl~i3T'1$33~ AGt4. BY . OR`t~~A! Tll:~ ~ i C(h~tES Tfl: I Corrections Joe's name to be corrected on page #2 to read Joe McKenna Approval of Minutes MOVED by Jim Cleland, seconded by Karin Murphy THAT the minutes of Mazch 21, 2006 be approved. CARRIED 3. Issues arising from the Minutes There were no issues arising from the minutes. 4. Introduction of New Member John Stoner was appointed to the SWNAMAC by Council for the remainder of this teen. John is a Newcastle resident retired from the Tomato Zoo. John described his background in working with animals and his interest in the environment. He is also a member of Earth Rangers... 5. Updates Shelter Construction. Viewing Machine and Benches The shelter has been completed by Kraco Carpentry & Contracting. The two benches and theroiewing machine have also been installed. There will be the Ribbon Cutting Ceremony on the new shelter on Earth Day. Installing waste receptacles at the shelter was discussed. The committee agreed to maintain the position that SWNA users bring their garbage out with them when leaving the SWNA. Wamin¢ Sins Some of the "Warning Steep BIutI" signs are leaning. Operations Department will be asked to straighten the signs and move one closer to the shelter area. Cars on Trail A resident reported that cars where travelling from Toronto Street along the waterfront trail. Operations have since placed 3 large rocks at the entrance so no vehicles can gain access to the trail. Garbaee The garbage dumped south of the railway line on the west side of Toronto Street is on Municipal property. Operations have been asked to clean it up. Newcastle Memorial Forest The Newcastle Lion's Club aze preparing to plant an additiona130 trees in the Newcastle Memorial Forest this spring. They aze also going to finish off the entrance feature prior to Earth Day. A grand opening and dedication ceremony is scheduled for Sunday May 14a'. Catherine McKeever Resienation Allen read letter from Catherine on her resignation. Letter to be sent to Catherine for appreciation on her dedication to the Samuel Wilmot Nature Area Advisory Committee.. DEAC Awazds Ceremonv The awards ceremony from the Durham Environmental Advisory Committee is on April 20"', 2006 for the Environmental Achievement Awards. Leanne Sobol and Joe McKerma aze interested on attending these awards. 2004 and 2005 Capital Proiect Expenditures A spreadsheet of capital expenditures for the 2004 8c 2005 was reviewed. The capital budget projects for 2006 were listed on the second page. We aze waiting for a response from the Ministry of Resources if any funding for the bridge abutment repairs is available. Trees Several dozen small white spruce trees have been planted along both sides of the waterfront trail and no one knows who planted them. Some trees will conflict with the Memorial Forest trees and must be removed. The trees will•be moved on Earth Day and planted in the Lake Meadow. Trail Erosion and Drainage Jim volunteered to divert water from the trail at a couple of locations where erosion is occurring due to overland flow. Earth Day Draft A ends The committee reviewed the draft agenda for Earth Day. The only suggest change was to reverse the order of speakers for our fish presentation. Don MacArthur indicated that he cannot attend due to another commitment. He will contact another Councillor to attend. Posters have been distributed to the Clarington Libraries, Community Services Facilities. Earth Day will be posted internally within Town Hall and an ad will be printed in The Canadian Statesman. 6. Other Business Arthur advised that GRCA has still not made a decision on which creeks would be stocked with Atlantic salmon. Toe suggested updating the copy of the S WNA newsletter that, appeazs on the Clarington Web site. He will send a digital copy. The committee was reminded to bring shovel on Earth day as we will be planting approximately 50 trees. Adjournment: 8:15 P.M. Next Meeting: Tuesday May 9, 2006 7:00 p.m. Meeting Room lA Notes prepared by D. Graham. J Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF MAY 15, 2006 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MAY 8, 2006 RECOMMENDATIONS: 1. FORTHWITH RECOMMENDATIONS (a) PSD-056-06 -Application for Removal of Holding Owner: 941807 Ontario Limited (b) COD-019-06 -Tender CL2006-12, Harvey Jackson Ball Diamond Lighting 2. RECEIVE FOR INFORMATION (a) Addendum to CLD-005-06 and CLD-005-06 -Hours of Operation for Gasoline Stations (b) ,ADM-002-06 -Newcastle Library Branch -Project Planning Status 3. 2006 MUNICIPAL ELECTIONS -VOTE COUNTING EQUIPMENT THAT Report CLD-011-06 be received; THAT the municipal elections within the Municipality of Clarington be conducted using vote by mail and for the ballots to be counted using automated vote counting equipment; and THAT the by-law attached to Report CLD-011-06, be forwarded to Council for enactment 4. BILL 8 - AN ACT TO AMEND THE CHILDREN'S LAW REFORM ACT THAT Report CLD-012-06 be received; CORPORATION OF THE MUNICIPALITY OF GLARINGTON ~ 40 TEMPERANCESTREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3378 Report #1 - 2 - May 15, 2006 THAT a letter of support for Bill 8, Children's Law Reform Amendment Act, 2005 be forwarded to the Honourable Mary Anne Chambers, Minister of Children and Youth Services, Kim Craitor, MPP, Niagara Falls and to John O'Toole, MPP, Durham; and THAT Zena Burns be advised of Council's decision. 5. PROPOSED AUCTIONEER'S LICENCING BY-LAW THAT Report CLD-013-06 be referred back to staff to consider increasing the one day licensing fee. 6. CANADA DAY IN CLARINGTON THAT Report CLD-014-06 be received; and THAT the Rotary Club of Courtice be approved fora $3,000.00 grant in support of their "Canada-Day In Clarington" event. 7. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW BY BOWMANVILLE CREEK DEVELOPMENTS INC. (TORGAN GROUP) TO PERMIT A WIDER RANGE OF COMMERCIAL USES THAT Report PSD-050-06 be received; THAT the application submitted by Bowmanville Creek Developments Ina be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding information and agency comments, THAT a copy of Report PSD-050-06 and Council's decision be forwarded to the Regional Municipality of Durham Planning Department; and, THAT all interested parties listed in Report PSD-050-06 and any delegations be advised of Council's decision. 8. .REZONING TO PERMIT A CONVENIENCE STORE ACCESSORY TO A MOTOR VEHICLE SERVICE STATION APPLICANT: SHELL CANADA PRODUCTS LIMITED THAT Report PSD-051-06 be received; THAT the rezoning application submitted on behalf of Shell Canada Products be approved and that the attached zoning by-law amendment be adopted by Council; Report #1 - 3 - May 15, 2006 THAT the Holding symbol be lifted at such time as the Municipality receives written assurance from the TSSA and/or a qualified person under the Environmental Protection Act that any on-site contamination is cleaned up to accepted standards per the provisions of the Environmental Protection Act and that there is no off-site contamination from the historic operation of the gas station or that any off-site contamination has been cleaned up to acceptable standards per the provisions of the Environmental Protection Act; and THAT all interested parties listed in Report PSD-051-06 and any delegations be advised of Council's decision. 9. REZONING AND PROPOSED DRAFT PLAN OF SUBDIVISION TO PERMIT THE DEVELOPMENT OF 48 RESIDENTIAL UNITS APPLICANT: BLACK CREEK DEVELOPMENTS LTD. THAT Report PSD-052-06 be received; THAT the proposed Draft Plan of Subdivision and Zoning By-law Amendment, submitted by Black Creek Developments Ltd. to permit the development of 48 residential units be referred back for further processing and the preparation of a subsequent report; and THAT the applicant, Region of Durham, all interested parties listed in Report PSD-052-06 and any delegations be advised. of Council's decision. 10. BEECH AVENUE, BOWMANVILLE -HERITAGE CONSERVATION DISTRICT DESIGNATION AND HERITAGE CONSERVATION DISTRICT PLAN THAT Report PSD-053-06 be received; THAT a Beech Avenue Heritage Conservation District Plan, Attachment 1 to Report PSD-053-06, be adopted under Part V of the Ontario Heritage Act; THAT the Beech Avenue Heritage Conservation District By-law be adopted; THAT the Beech Avenue Heritage Conservation District be reviewed with input from the residents three years after it comes into force; and THAT any interested parties or delegation in Report PSD-053-06 be advised of Council's decision. 11. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT:. THE KAITLIN GROUP THAT Report PSD-054-06 be received; Report #1 - 4 - May 15, 2006 THAT the request for Removal of Part Lot Control with respect to block 22 on Registered Plan 40M-1864, and blocks 85 and 86 on Registered Plan 40M-2185, be approved and that the Part Lot Control By-law, attached to Report PSD-054-06, be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-054-06, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. 12. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 20, 2006 THAT Report PSD-055-06 be received; and THAT Council concurs with the decision of the Committee of Adjustment made on April 20, 2006 for applications.A2006-0009, to A2006-0013 inclusive, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 13. SALE OF SURPLUS PROPERTY AND ROAD ALLOWANCE ON BRADSHAW STREET, BOWMANVILLE TO DEVON DOWNS DEVELOPMENT LIMITED (THE FOLEY GROUP) THAT Report PSD-057-06 be received; THAT the by-law attached to Report PSD-057-06 be passed to authorize.the -Mayor and the Clerk, on behalf of the Municipality, to execute the agreement for the sale of the portions identified on Attachment 1, to Report PSD-057-06, to Devon Downs Development Limited {the Foley Group) for $67,000; THAT the proceeds from the sale of the surplus property be deposited into the Municipal Acquisition of Reat Property Reserve Account; and THAT staff and the Municipal solicitor be authorized to take all necessary actions to complete the transactions. 14. BY-LAW TO REGULATE CONSTRUCTION OF DRIVEWAY ENTRANCES UPON THE HIGHWAYS UNDER THE JURISDICTION OF THE MUNICIPALITY OF CLARINGTON THAT Report EGD-018-06 be received; THAT Council pass By-law No. 2006-XX, attached to Report EGD-018-06, to regulate the construction of driveway entrances upon highways under the jurisdiction of the Municipality of Clarington; and THAT Council repeal By-law No. 81-37 and By-law 96-43. Report #1 - 5 - May 15, 2006 15. INTERSECTION OF LONGWORTH AVENUE AND REGIONAL ROAD 57, BOWMANVILLE THAT. Report EGD-026-06 be received; and THAT the installation of traffic signals at the intersection of Longworth Avenue and Regional Road 57 be added to the 2006 Capital Budget and in accordance with a 50/50 cost sharing arrangement with the Region, the Municipality's share of the project, estimated at approximately $87,500, is to be financed through the Roads and Related Development Charges Reserve Fund. 16. 20 KING STREET EAST TRANSIT SHELTER CONSTRUCTION ~ KING STREET BRIDGE REHABILITATION -PUBLIC INFORMATION CENTRE THAT Report EGD-027-06 be received; That the King Street Transit Shelter be referred back to staff for further processing through an additional Public Ihformation Centre; THAT the Bridge Rehabilitation be constructed as per modified Option 2; and. THAT all those who attended the Public Information Centre and who have contacted the Municipality as interested parties be informed of Report EGD-027-06. 17. INTERSECTION OF BASELINE ROAD AND HOLT ROAD THAT Report EGD-028-O6 be received; THAT the intersection of Baseline Road and Holt Road become an all-way stop; and THAT the proposed by-law, attached to Report EGD-028-06, be approved by Council 18. FAMILY AND YOUTH FITNESS THAT Report CSD-006-06 be received; and THAT Council authorize staff to develop arevenue-neutral youth fitness programs outlined in Report CSD-006-06, to be introduced during the fall of 2006. 19. PUBLIC ACCESS DEFIBRILLATOR -PROGRAM ASSISTANCE THAT Report CSD-008-06 be received; Report #1 - 6 - May 15, 2006 THAT Council direct staff to coordinate the initial program support and certification for defibrillators located at the Newcastle Arena, Orono Arena, Newcastle. Community Hall and Garnet Rickard Complex; THAT staff be authorized to over expend the 2006 operating budget for the initial Support and certification cost of $8,400.00 and the alarm installation and first year of monitoring cost of $3,200.00; THAT staff include ongoing costs of the annual program support and certification as well as the annual monitoring costs as part of the operating budget process for 2007; and THAT the Orono Arena Board, Newcastle Arena Board and the Newcastle Community Hall Board be advised of action taken. 20. SUPPLEMENTAL RATES AND FEES THAT Report CSD-009-06 be received; THAT Council approve the Supplemental Rates and Fees Schedule, attached to Report CSD-009-06, for the period May 1•, 2006 to August 31, 2007 with the following amendments; THAT the Total Hockey fee of $2.00 for a child (1 - 5) be waived. when the child is accompanied by a parent or guardian; and THAT the parking lot fees of $500.00 and $250.00 be waived for events conducted by charitable ornot-for-profit organizations. 21. LIONS CLUB OFFER TO LEASE, CLARINGTON BEECH CENTRE THAT Report COD-018-06 be received; THAT the offer from the Lions Club for the lease of space in the Clarington Beech Centre in the amount of $929.86 /month for the term of September 1, 2006 to June 30, 2007 be approved; and THAT the By-law attached to Report COD-018-O6, marked Schedule "A", authorizing the Mayor and the Clerk to execute the lease agreement with the Lions Club be forwarded to Council for approval 22. FAIR WAGE SCHEDULE THAT Report COD-020-06 be received; THAT the Fair Wage Policy for the Municipality of Clarington be extended for one additional year; and Report #1 - 7 - May 15, 2006 THAT staff report back to Council in June, 2007. 23. REQUEST FOR PROPOSAL RFP2006-5, CONSULTING SERVICES, COMMUNITY SERVICES DEPARTMENT -STRATEGIC PLAN THAT Report COD-021-06 be received; THAT the proposal received from Monteith Brown Planning Consultants, London, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2006-5 be awarded the contract for the provision of the Consulting Services for the Community Services Department, Strategic Plan with an amended bid of $107,375.56, ($93,433.75 + $13,491.81) including approximate disbursements, (excluding GST); THAT the funds required be drawn from the Community Services Administration 2006 Consulting Account #100-42-130-10085-7160; THAT the prior years accumulation of funds for the Community Services Strategic Plan, in the amount of $82,375.56, in the Professional Fees Reserve be used to offset the 2006 Community Services consulting budget; and THAT the attached By-law attached to Report COD-021-06, marked Schedule "A' authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 24. TENDER CL2006-6, 2006 CRACK SEALING PROGRAMS, VARIOUS LOCATIONS THAT Report COD-022-06 be received; THAT A-1 Asphalt Maintenance Ltd., Burlington, Ontario with a total revised bid in the amount of $40,286.76 (excluding G.S.T.), being the lowest responsible bidder meeting all terms; conditions and specifications of Tender CL2006-6, be awarded the contract to provide crack sealing at various locations as required by the Municipality of Clarington; and THAT the funds required be provided from the Operations Department 2006 Budget -Account #100-36-381-10250-7163. 25. DELEGATION OF WILMA PAUL -ACCESSIBILITY ISSUES IN CLARINGTON THAT the delegation of Wilma Paul be referred to the Clarington Accessibility Advisory Committee. Report #1 _ g _ 26. DEBRA FARMER -BUD'S FIREWORKS May 15, 2006 THAT Debra Farmer's request to sell fireworks at the Garnet B. Rickard Centre over the Victoria Day weekend be approved provided the orgy ;~izers apply for all necessary permits and submit all necessary fees grid supporting documentation including insurance certificates. 27. VILLAGE OF NEWCASTLE -SESQUICENTENNIAL IN 2006 -FREE. SWIMMING WHEREAS the Village of Newcastle is celebrating its sesquicentennial in 2006; AND WHEREAS a program of various activities is being planned for the July 1 weekend in celebration of the event; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington authorize the Community Services Department to provide public swimming at the Newcastle Lions Pool free of charge on Friday, June 30, Saturday, July 1 and Sunday, July 2, 2006. 28. RATIFY ACTIONS THAT the actions taken at the closed meeting be ratified. SUMMARY OF BY-LAWS MAY 15, 2006 BY-LAWS 2006-100 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item 5 of Report #1 -May 10, 2004) 2006-101 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item #8 of Report #1) 2006-102 Being a by-law to designate the Beech Avenue block as a Heritage Conservation District (Item #10 of Report #1) 2006-103 Being a by-law to exempt certain portions of Registered Plan 40M-1864 and 40M-2185 (Item #11 of Report #1) 2006-104 Being a by-law to authorize the sale and transfer to Devon Downs Development Limited the adjacent property owner of Part 3 on Plan 40R-19115 and Part 23 Plan 40R-23873, Bradshaw Street, Part Lot 9, Concession 2, former Town of Bowmanville, as shown on Schedule 1 (Item #13 of Report #1) 2006-105 Being a by-law to regulate the construction of driveway entrances upon the highways under the jurisdiction of the Municipality of Clarington (Item #14 of Report #1) 2006-106 Being a by-law to amend By-law 91-58, as amended, being a By- law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington (Item #17 of Report #1) 2006-107 Being a by-law to authorize the use of vote by mail and automated vote counting equipment at Municipal Elections (Item #3 of Report #1) 2006-108 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Lions Club, Bowmanville, Ontario, to enter into agreement for the lease of Clarington Beech Centre, 26 Beech Street, Bowmanville, Ontario (Item #21 of Report #1) 2006-109 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Wayne Electric Co. Limited, Carlisle, Ontario, to enter into agreement for the Harvey Jackson Ball Diamond Lighting. (Item #1 of Report #1) 2006-110 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Monteith Brown Planning Consultants, London, Ontario, to enter into agreement for the Consulting Services, Community Services Department -Strategic Plan. (Item #23 of Report #1) Handouts May 15,2006 Subject: Request by the Durham Regional Council to remove lands in Courtice from the Greenbelt and designate these lands as future urban areas Subject Lands: Lands bounded by Townline and Pebblestone (former R # S) and north-east corner of Nash and Hancock Rd. (former R # 20) Sensitivity of these two land parcels: - Lands are located on high but very shallow aquifer that is underlain by clay - Lands were identified with two highest degrees of sensitivity -Lands are located within the significant groundwater recharge area for Black, Farewell and Harmony Creeks -Lands contain provincially significant wetlands and streams (Environmental Mapping „ Project for CLOCA and MNR mapping) Sensitivity of and development impacts on lands in former urban boundary: "Over two-third of the study area (meaning the area within the urban boundary, excluding `~ Special Study) was ranked as environmentally sensitive " (EIS 1994, page 7, Ecological Services). "The conflict between the designated land use and the environmental sensitivity of the North ~• Courtice Urban Area has been a source of continual concern of Authority (MNR and Municipal Affairs) since 1970's. The neighbourhood plans did not attempt to mitigate all the development-related, environmental impacts, but rather proposed to retrofit some of the i~r environmental considerations ". (CLOCA's comments on EA designation, page 2 and 3, April 18, 1995) Marshes were drained, forested swamps were cleared, and burial of many streams was observed (by Ecological Services, as per their statement in EIS 1994, page 7) and these were replaced by impermeable surfaces. Reduction of recharge could approach the percentage of the area covered by these surfaces. Clearing and redirection of groundwater into ditches is now causing surface runoff and bank erosion. Because of higher temperatures, most of the surface water evaporates. (References in EIS 1994, Ecological Services). What a waste of the cool clean groundwater that used to be stored in this aquifer! "Even with storm water management, the hydrological regime of creeks was altered due to the development ". (Storm Water Management for Black-Farewell and 1994 EIS, page 64, Ecological Services). Groundwater flow was diverted from the normal point of discharge. Each development application required, and will require, dewatering. Is it still acceptable in this day and time to dewater groundwater recharge areas? %. Brief history of constant pressure on developing Courtice North groundwater recharge area: During the 1990's, not only north Courtice was under development pressure, but also east and west side of this watershed, just like today. Because of development pressure on this sensitive area, the Minister designated Courtice North area as Deferral # 6. (Courtice North EA Designation Request, MNR comments, 1995). Many landowners referred their lands to the OMB. In spite of local, regional and provincial staff recommendations, urban boundary was extended deeper into this sensitive land in 1993. Both northern Referrals # 1 and # 391ands were designated as Special Study Areas within the urban boundary but without underlying living designation. Referral # 1 was approved by MMAH in January 11, 1996 and Referral # 36 was approved by MMAH in April 17, 1996 Eastern Referral # 20 (now known as Nash Rd. Development or Submission 89-2) was withdrawn and approved by MMAH as an MOS on April 10, 1995. Municipal staff has not supported any northerly or north-easterly urban expansion. Staff recommended urban expansions to south Courtice. It should also be noted that this site might be subject to the 407 Hwy extension. Western Referral # 5 (now known as lands located along the Townline, Submission 93-2) was withdrawn for the same environmental concerns as other referrals and the lands were designated as an MOS by the MMAH on June 3, 1994. Sad thing is, that the development concept of lands designated for 20 or 30-year development, in case of whole Durham Region, not only Courtice, is typical and costly low-density sprawl. No wonder, that some municipalities will run out of the lands suitable for development very soon, if this kind of development will continue! Issues of the Planning Committee meeting, April 4'", 2006: During the last Planning Committee meeting, the Draft of the Greenbelt and the final mapping_were questioned. Changes to each draft in general are necessary in order to improve the final document. Province at that point organized many meetings throughout Ontario. I have attended all of them. Not only ordinary residents like myself were expressing their concerns or support of the boundaries at these meetings, but also mayors, councillors, developers and farmers. In not one of these meetings have I seen any of you, or the residents speaking to the Planning Committee, who don't like the Greenbelt boundaries. Why not? You have had your chance to speak and to explain your requests a long time ago. The difference in mapping of Draft and final Greenbelt in case of Nash Rd. development in Courtice: Maybe, just maybe, the Province has made a joke on the last Regional decision on Courtice in 1993. With not enough information on subject land, Regional Council included this sensitive area, in spite of staff recommendations, into the urban boundary as living area. Of course, this situation was partially overturned and the living designation was changed into Special Study, providing that the comprehensive watershed will identify lands which can or cannot be developed. These lands are called "finger" because of their shape that is sticking out of the urban boundary. Province included even more peculiar, thumb-like shape, into the Nash Rd. development in their Draft Greenbelt, just to see your reaction on this. Nothing is known on Nash Rd. or Townline site. MMAH knows very well that Black- Farewell watershed was pushed to the limit when the lands in the original boundary were developed. They also know that the required watershed planning for the whole watershed not only Special Study area was not prepared yet, CLOCA says that it maybe finished by 2008. Carrying capacity of this watershed must be determined in order to find out how much more development, if any, can occur here. Without watershed planning, not even the EIS would be able to assess the appropriateness of development; therefore, the urban boundary expansion would be inappropriate. The farmer in the past straightened the tributary that is now running through the middle of this site, redirected the groundwater flow into many ditches; one of them is running on the east side of Hancock Rd. Water ponding at many places of these ditches now is creating mosquito breeding ground sites. This site is located immediately below the Lake Iroquois bluff (our major aquifer, according to Watershed Inventory for CLOCA, 1979, 3-9). That is why there are many underground springs and seepage zones found throughout this site. In spite of groundwater diversion, these seepages and springs will persist here. People are encroaching on wildlife's natural habitat and this way they are creating for themselves serious, sometimes unexpected threats. West Nile virus is just one of them. What a good choice for residential development! Reasons why these lands should be retained in the Greenbelt: 1. There was never need of these lands to be included within the urban boundary; both, Regional and Municipal Council supported MOS designation of these lands. (Please, see the decisions of MMAH on these sights.) 2. Regional Planning staff is recommending that, if there will be need to expand urban boundary in Courtice, Courtice South should be a suitable candidate. (Please, see the Report 2006-P-39 and Map A5.) 3. It would be premature to include another area into the Courtice North urban boundary without knowing cumulative impact on water table lowering in this groundwater recharge area; high water table level supports the baseflow of local streams. (Please, see the OP requirements and settlement agreements.) 4. Dewatering of Black-Farewell-Harmony aquifer should stop until the total impact to farm wells, streams, wetlands, and fish and wildlife habitat is known. The lowering of the water table level in this "natural reservoir" (Gartner Lee Environmental Analysis, 1981) is unknown. 5. There was never any request in any report on the Draft or final Greenbelt to exclude these lands out of the Greenbelt. Staff and our Council supported comments of the Report # PSD-160-04, Section 4.2, page 6, stating that "The Greenbelt should be more tightly aligned around existing urban centers': 6. The Greenbelt boundary along Townline should be permanent for two reasons: a) To protect the remaining groundwater recharge area and provincially significant wetlands (see the MNR Map -there is no physical room for development unless you would feel comfortable to drain these wetlands and delete Harmony and Farewell Creeks) and b) To distinguish identity of agricultural Clarington from the industrialized City of Oshawa All the other municipalities were built along Highways # 2 and 401 and that is why they have GO train service unlike Courtice and Bowmanville. That is why submission 77-2 that is located in not sensitive area of Courtice South next to the employment centers, major highways, the existing services and railways was considered for the extension of urban boundary by Regional staff, in case that the extension of urban boundary will be needed. 7. The recommended Directions on Population, Employment and Urban Land report of recent Official Plan Review stated that Clarington would not need more urban lands unti12026-2031. What is the justification for expansion of urban boundaries? 8. The Greenbelt Plan does not allow for settlement areas outside of the Greenbelt to expand into the Greenbelt according to the Section 3, Legal interpretation, Regional Report No. 2006-P-38, pg. 4 to 5. 8. Regional staff is recommending that the urban boundaries may only be amended through a comprehensive review. Clarington staff agrees with this recommendation in their Re # PSD-049-06 dated Apri124, 2006. No such review anywhere within the Region was conducted. One meeting in Clarington on this subject should not substitute comprehensive review. I trust that you will support the advice of Regional Legal and Planning staff professionals not to remove these areas from the Greenbelt. The Greenbelt became law on February 24, 2005 and both applications must conform to the Plan. Libby Racansky • - R Courtice Kids of Steel Triathlon. And the Clarington Amateur Sports Fair. Plan for August, 2006 In support of the Brian McFarlane Hockey Museum Oa~PR~p ASSQ~~gT'O~ ~-R-T AT ~-~I Prepared by: Derrick McKay derrickmckay(a~ro~ers.com 905-434-8004(h) 1. Misson and project summary. . . 1SSlon - to provide a safe and fun event for youth in the sport of triathlon, while providing other amateur sport organizations in Clarington a chance to showcase their clubs/organizations. Project -Conception, summary. In the late winter of 2005 I began to think about a sporting event that would involve youth, raising funds for another non-profit through their participation in sport. I was not sure what sport, and or for whom we could assist. Lacrosse, hockey, soccer, figure skating, speed skating and swimming all hold their own tournaments or competitions for themselves. These organizations provide incredible opportunities for 1,000's of youth in Clarington to stay fit and lead healthy lifestyles. They are for the most part very grass root operations which also rely heavily on volunteers and naturally some wonderful support from the municipality. All of whom would more than welcome any outside financial support or additional fund raising and community awareness for their respective clubs. I began to think about an event that could bring together a number of these organizations and create an "amateur sport fair", where they could promote/advertise their participation and membership. While thinking about how this event could look, where it would be held and who could benefit, I thought that maybe a sport would be needed to be showcased. This is when I thought about triathlon for kids. In choosing anon-profit organization that could benefit from participation I considered the sport of hockey and the new Clarington Hockey Hall of Fame. "Sport, raising money for sport, through sport". Triathlon, the sport which combines swimming, biking and running back to back would really be a metaphor for all the different sport groups coming together all for a common cause. Stay fit and healthy and assist our own Municipality with creating our own Hockey Hall of Fame. This event could involve participants from all three sport clubs in Clarington, including an incredible opportunity for hockey, lacrosse and ice sport organizations to encourage cross training and staying fit through their off season. It would also provide an opportunity for our local High School youth who require 40 hours of community work and give them that opportunity in their own backyard.