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HomeMy WebLinkAbout05/15/2006 Council Meeting Minutes May 15, 2006 Minutes of a regular meeting of Council held on May 15, 2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering, T. Cannella (attended until 7:40 p.m.) Director of Community Services, J. Caruana (attended until 7:40 p.m.) Director of Planning Services, D. Crome Director of Operations, F. Horvath Solicitor, D. Hefferon Director of Corporate Services, M. Marano (attended until 7:40 p.m.) Director of Finance, N. Taylor (attended until 7:40 p.m.) Director of Emergency Services, G. Weir (attended until 7:40 p.m.) Administrative Assistant to the Clerk, C. Fleming (attended until 7:40 p.m.) Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST Councillor MacArthur indicated that he would be stating a pecuniary interest with respect to Item 10 of Report #1 as he is a resident of Beech Avenue. MINUTES Resolution #C-227-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on May 1, 2006, be approved. “CARRIED” Council Meeting Minutes - 2 - May 15, 2006 Resolution #C-228-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the agenda be altered to add Derrick McKay and Libby Racansky to the list of delegations and to add Correspondence Items D – 17, D – 18, D – 19 and D – 20. “CARRIED” Kevin Tunney was called but was not present. Derrick McKay, resident of Courtice and worker with the John Howard Society addressed Council presenting a plan for a ‘Courtice Kids of Steel Triathlon and Clarington Amateur Sports Fair’, a sporting event that would involve youth raising funds for other sporting clubs and where organizations could promote and advertise participation in their respective clubs. He stated the event, for youth aged 5 to 17, years was scheduled for August 27, 2006, and that proceeds would be in support of the new Total Hockey. Derrick McKay advised he was looking for limited support from the municipality, including use of the Courtice Community Centre and approval for road closures, and from the Courtice business community. Derrick McKay submitted a detailed proposal plan including the Ontario Association of Trathletes Youth Multisport Manual and application for municipal grant. Libby Racansky addressed Council concerning Regional Council’s resolution to request the Province to remove lands in Courtice bounded by Townline Road and Pebblestone Road and lands at the north-east corner of Nash Road and Hancock Road from the Greenbelt, and designate them as future urban areas. She outlined the sensitivity of the two land parcels which are located within the significant groundwater recharge area for the Black, Farewell and Harmony Creeks and noted the lands contain provincially significant wetlands and streams. Libby Racansky highlighted development impacts and provided a brief history of the development pressure on Courtice north and the extension of the urban boundary into the sensitive land area. Libby Racansky summarized her presentation by stating her reasons why the lands should be retained in the Greenbelt. Ms. Racansky submitted a copy of her comments and requested Council to support the recommendations of the Regional staff. COMMUNICATIONS Resolution #C-229-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda, with the exception of Correspondence Item I-22. Council Meeting Minutes - 3 - May 15, 2006 “CARRIED” I – 1 Draft Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated April 11, 2006. 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.durhamyorkwaste.ca. I – 3 Jerry Ouellette, MPP, Oshawa extending an invitation to Mayor Mutton th and Members of Council and staff to participate in the 6 Annual Jerry 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. Council Meeting Minutes - 4 - 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. I – 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, commit to funding new Local Health Integration Networks (LHIN), 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. Council Meeting Minutes - 5 - May 15, 2006 I – 14 Paul Jones, Town Clerk, Town of Whitby, forwarding 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. 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 th 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. Council Meeting Minutes - 6 - May 15, 2006 ~ 1-21 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. 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. '-" 1-22 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 Durham 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." ."'-' Council Meeting Minutes - 7 - May 15, 2006 '-" Resolution #C-230-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT a grant in the amount of $4,000 be provided to COMRA; and that COMRA be requested to make a presentation to Council. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-231-06 Moved by Councillor Ping Ie, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 1, D - 2, D -10 to D-16 and D -18 to D - 20 inclusive. "CARRIED" D - 3 Dominique Lemieux, Director, Public Affairs Communications Branch, Indian and Northern Affairs Canada, requesting June 21, 2006, be ____ proclaimed National Aboriginal Day. (Proclaimed) 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. (Correspondence referred to the Director of Planning Services and the 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. (Correspondence referred 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: Council Meeting Minutes - 8 - May 15, 2006 ........ "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 facilities; 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: 1. 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; '-" 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 Municipalities of Ontario for email circulation." (Correspondence referred to the Accessibility Advisory Committee) ....... Council Meeting Minutes - 9 - May 15, 2006 ........ 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. (Event endorsed and correspondence forwarded 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. (That Ms. Crandall be thanked for her service to this Committee and correspondence be referred to the Municipal Clerk to advertise the vacancy) ........ 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'. (Proclaimed) D - 17 Margaret Foster, Secretary, Cobourg Highland Games, requesting approval to place 18" x 24" lawn signs in various public locations in Clarington to promote the 43rd Annual Cobourg Highland Games to be held on Saturday, June 24th. (Request endorsed and correspondence referred to the Municipal Law Enforcement Division for processing) D - 1 Philip Meagher, Deputy General Manager, Operations, Durham Region Transit responding to Clarington's request for free in town bus service on Saturday, October 14, 2006, for Bowmanville Applefest. '-" Council Meeting Minutes - 10- May 15, 2006 ~ Resolution #C-232-06 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Correspondence Item D - 1 be referred to the Director of Engineering Services and the Treasurer to draw appropriate funds from the Transit Reserve to provide for free bus service in Bowmanville on October 14, 2006, for Applefest. "CARRIED" Resolution #C-233-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT appropriate funds be allocated from the Transit Reserve to provide free bus service for the Newcastle Fall Festival. "CARRIED" 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. Resolution #C-234-06 Moved by Councillor Foster, seconded by Councillor Schell THAT Correspondence Item D - 2, the request from the Driftwood Theatre Group for a municipal grant be referred to the Director of Community Services. "CARRIED" 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. Council Meeting Minutes - 11 - May 15, 2006 ....... Resolution #C-235-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Deanna Jones-Keeshig, Independent First Nations Health Services be advised of the Municipal Grant Policy. "CARRIED" 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 governments 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. "-' Council Meeting Minutes - 12 - 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." Resolution #C-236-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Item D - 11 be referred to the Agricultural Advisory Committee. "CARRIED" 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 annual grant 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 community 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 public 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-government services, and as distribution points for information relating to legislation and government programs and services; ....... Council Meeting Minutes - 13 - May 15, 2006 '-" AND WHEREAS the City of Pickering is vitally interested in its citizens having the widest possible access to the growing number of government programs and services to further community aspirations, improve public safety and ensure equitable access to literacy and the life-long learning 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, with similar reductions in funding for all public libraries across the Province; 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 ....... Council Meeting Minutes - 14 - May 15, 2006 '-" 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." Resolution #C-237 -06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution of the City of Pickering be endorsed and that a copy of this resolution be forwarded to the Clarington Library Board. "CARRIED" 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) ; 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 90th 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; Council Meeting Minutes - 15 - May 15, 2006 '-" 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; 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 the 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." Council Meeting Minutes - 16 - May 15, 2006 ~ Resolution #C-238-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT Correspondence D - 13 be received for information. "CARRIED" 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. "-' 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. Resolution #C-239-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 14 and D - 15 be referred to the Director of Planning Services. "MOTION LOST" Resolution #C-240-06 Moved by Councillor Schell, seconded by Councillor Pingle THAT Correspondence Items D - 14 and D - 15 be received for information. "CARRIED" ....... Council Meeting Minutes - 17 - May 15, 2006 '-" 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); 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 Proqram (Cappinq), 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 ....... Council Meeting Minutes - 18 - May 15, 2006 "-' 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 2007 2008 80% 90% 100% Minimum of CVA Taxes Minimum of CVA Taxes Minimum of CVA Taxes d) THAT the Minister of Finance be advised that the Region of Durham, again, requests that the following chanqes be made to Provincial Leqislation/Requlations relatinq to Current Value Assessment (CVA) Taxation Policy in the property tax and assessment system; i) Provincially Mandated Business Protection Proqram ....... . In light of the need to reduce the complexity and confusion of the current Provincial program and to establish fairness and equity with respect 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 Cycle . The Minister of Finance formally announced the Provincial Government'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 been announced. . 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. ~ Council Meeting Minutes - 19 - May 15, 2006 ~ iii) Assessment Appeals . 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). "-' e) THAT the Towns of Whitby and Ajax be advised that the Region of Durham will not participate in their recently implemented HeritaQe Property Tax Rebate ProQrams (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-profit organizations. g) THAT the requisite by-laws for the 2006 Long Term 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 ....... Council Meeting Minutes - 20- May 15, 2006 "-' 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. Resolution #C-241-06 Moved by Councillor Ping Ie, seconded by Councillor Foster THAT Correspondence Item D - 16 be received for information. "CARRIED" D - 18 Jim Marsh, requesting permission to locate a hot dog cart in the town parking lot at the north east corner of Church Street and Silver Street in Bowmanville from 10:00 a.m. to approximately 2:00 p.m., Monday to Friday until colder weather prevents operation. Resolution #C-242-06 Moved by Councillor Schell, seconded by Councillor Robinson "-'" THAT the request from Jim Marsh to locate a hot dog cart in the town parking lot at the north east corner of Church Street and Silver Street be denied. "CARRIED" D - 19 Sue Sutcliffe, Chair, Tyrone Spirit Day Ad Hoc Committee, requesting an interest-free loan from the Municipality to offset costs required in advance of this year's Spirit Day to be held on June 10, 2006. Resolution #C-243-06 Moved by Councillor Ping Ie, seconded by Councillor MacArthur THAT an interest-free loan in the amount of $2,000 be provided to the Tyrone Spirit Day Ad Hoc Committee. "CARRIED" ~ Council Meeting Minutes - 21 - May 15, 2006 '-" MOTION REPORTS Resolution #C-244-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of May 8, 2006 be approved, with the exception of Items #10 and #16. "CARRIED" Item #10 Councillor MacArthur stated a pecuniary interest with respect to Item #10 (Report PSD-053-06) and refrained from discussion and voting on the subject matter. Councillor MacArthur is a resident of Beech Avenue. Resolution #C-245-06 ......... Moved by Councillor Schell, seconded by Councillor Robinson 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. "CARRIED" ....... Council Meeting Minutes - 22 - May 15, 2006 "-' Item #16 Resolution #C-246-06 Moved by Councillor Schell, seconded by Councillor Foster 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 Information 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. "CARRIED" UNFINISHED BUSINESS Resolution #C-24 7 -06 '-" Moved by Councillor Schell, seconded by Councillor Robinson THAT the presentation by Derrick McKay be referred to the Community Services Department and to Communications and Marketing. "CARRIED" Resolution #C-248-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the presentation by Libby Racansky be referred to the Director of Planning Services. "CARRIED" D - 20 R. J. Radcliffe writing to Andrew Kozak, Chair, Traffic Management Advisory Committee, submitting his resignation from the Traffic Management Advisory Committee due to personal reasons. "-' Council Meeting Minutes - 23- May 15, 2006 ...... Resolution #C-249-06 Moved by Councillor MacArthur, seconded by Councillor Schell THAT R. J. Radcliffe be thanked for his service to this Committee and correspondence be referred to the Municipal Clerk to advertise the vacancy. "CARRIED" OTHER BUSINESS Boards and Committees Update Councillor Pingle thanked 1. Cannella and staff of the Engineering Services Department for the installation of traffic lights at the east end by the Strathaven Nursing Home across from the Bowmanville Mall and for the work that has started at Liberty Street and Baseline Road to make the intersection wheelchair accessible. Councillor Foster congratulated staff of the Engineering Services Department for the quick response regarding speed on Trulls Road. ...... Resolution #C-250-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to consider a property matter. "CARRIED" The meeting resumed in "open" session at 7:53 p.m. Resolution #C-251-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" ....... Council Meeting Minutes - 24- May 15, 2006 ---- BY-LAWS Resolution #C-252-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-100,2006-101 and 2006-103 to 2006-110, inclusive, and that the said by-laws be now read a first and second time: 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. 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. 2006-103 Being a by-law to exempt certain portions of Registered Plan 40M-1864 and 40M-2185. 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. ....... 2006-105 Being a by-law to regulate the construction of driveway entrances upon the highways under the jurisdiction of the Municipality of Clarington. 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. 2006-107 Being a by-law to authorize the use of vote by mail and automated vote counting equipment at Municipal Elections. 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 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. Council Meeting Minutes - 25- May 15, 2006 ~ 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. "CARRI ED" Resolution #C-253-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-100,2006-101 and 2006-103 to 2006-110, inclusive, be approved. "CARRIED" Councillor MacArthur stated a pecuniary interest with respect to By-law 2006-102 (Item #10 of Report #1) and refrained from discussion and voting on the subject matter. Councillor MacArthur is a resident on Beech Avenue. Resolution #C-254-06 ~ Moved by Councillor Robinson, seconded by Councillor Schell THAT leave be granted to introduce By-law 2006-102 being a by-law to designate the Beech Avenue block as a Heritage Conservation District.and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-255-06 Moved by Councillor Robinson, seconded by Councillor Shell THAT the third and final reading of By-law 2006-102 be approved. "CARRI ED" ........ Council Meeting Minutes - 26- May 15, 2006 .~ CONFIRMING BY-LAW Resolution #C-256-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-111 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 15th day of May, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-257 -06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-111 be approved. "CARRIED" ADJOURNMENT ~ Resolution #C-258-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the meeting adjourn at 7:57 p.m. "CARRIED" .~ \ .(... , .......