Loading...
HomeMy WebLinkAbout05/29/2006 Council Meeting Minutes May 29, 2006 Minutes of a regular meeting of Council held on May 29, 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: Acting Chief Administrative Officer, M. Marano Facilities Manager, Community Services, G. Acorn Director of Engineering Services, T. Cannella Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Emergency Services, G. Weir Municipal Clerk, P. L. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-259-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on May 15, 2006, be approved. “CARRIED” Council Meeting Minutes - 2 - May 29, 2006 PRESENTATIONS Ron Stead, Holburn Biomedical Corporation, was presented with the Corporate Citizen of the Year Award. Holburn Biomedical Corporation, the parent company, was founded in 1995 and, along with the other independent Holburn companies, continues to capitalize on the expanding biomedical science and biotechnology markets. Holburn conducts innovative research and development programs in the fields of diagnostics and therapeutics. Holburn supports community initiatives such as the Bowmanville Hospital Foundation and the Physician Recruitment Committee as well as The Oshawa Cancer Centre and the University of Ontario Institute of Technology. Doug Allingham, Totten Sims Hubicki and Dan Remollino, Ministry of Transportation addressed Council to provide an update on the 407 East Environmental Assessment. They provided a status report, highlighting the purpose of the study, the needs, transportation alternatives (evaluation and results), public consultation process and the project next steps. Resolution #C-260-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the agenda be altered to add Cy Sawyerto the list of delegations and to add By-law 2006-119. “CARRIED” DELEGATIONS Mark Majchrowski, Director of Watershed Management, Kawartha Conservation, provided an update on the 2006 conservation activities, highlighting environmental advisory services, environmental protection and restoration, environmental technical services and capital projects. Dan Carter, Honorary Chair of the “Let Them be Kids Program”, a nationwide program that helps communities build playgrounds in areas of need, while also building community capacity amongst citizens and laying a strong foundation for a brighter tomorrow, advised Council of a three-day program that is being held on June 8, 9 and 10. Mr. Carter requested the support of Clarington in attending the seminars and workshops to send out a positive message that we care about our youth. Linda Gasser thanked Council for holding a public meeting on May 23 to address the Greenbelt Plan, stating that it was democracy at its best. She commended staff for preparing an excellent report on the matter and encouraged Council to adopt the recommendations from the General Purpose and Administration Committee. Council Meeting Minutes - 3 - May 29, 2006 Karen Cox thanked Council for the position taken on the Greenbelt Plan at the General Purpose and Administration Committee on May 23 and asked them to adopt the recommendations. Kerry Meydam requested Council to adopt the recommendations of the General Purpose and Administration Committee with respect to the Greenbelt Plan and complimented staff on an exceptional report. Anna Ouyang requested Council to adopt the recommendations of the General Purpose and Administration Committee with respect to the Greenbelt Plan and requested notification of the decision. Cy and Aleisha Sawyer addressed Council with respect to a fencing issue in Newcastle. Their property abuts the Dunbury commercial block. A privacy fence will be required when the commercial development proceeds, however, Mr. and Mrs. Sawyer would like the fence to be erected now. They also have concerns with the state of the property. COMMUNICATIONS Resolution #C-261-06 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 Items I – 28 and I – 29. “CARRIED” I – 1 Draft Minutes of the Local Architectural Conservation Advisory Committee dated April 18, 2006. I – 2 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 21, 2006. I – 3 Minutes of the Tyrone Community Centre Executive Board dated April 13, 2006. I – 4 Minutes of the Newcastle Hall Board dated April 18, 2006. I – 5 R. A. Fowler, Secretary, Ontario Property and Environmental Rights Alliance (OPERA) highlighting OPERA’s original concerns regarding a proposed Provincial regulation intended to replace existing ‘Fill Line’ regulations to extend Conservation Areas regulatory control and providing OPERA’s view of the imposition of a new generic Regulation. Council Meeting Minutes - 4 - May 29, 2006 I – 6 Allan Hewitt, Library Board Chair, Clarington Public Library, expressing appreciation to Council for support of the Library’s 2006 capital and operating budget request and Council’s continued support of the Clarington Public Library. I – 7 Federation of Canadian Municipalities Members’ Advisory reporting the recent Federal budget delivered good news for Canada’s municipal governments in recognizing the municipal sector as an order of government and committing to resolving the fiscal imbalance and to continue funding for existing infrastructure programs to meet the needs of local communities. I – 8 Caroline Di Cocco, Minister, Ministry of Culture, inviting Council to join in celebrating the first anniversary of the updated Ontario Heritage Act and advising that a copy of the new Ontario Heritage Tool Kit, a guide explaining the different aspects of the Heritage Act, the Planning Act, the Historic Places Initiative and related programs has been forwarded to the Clerk’s Department. I – 9 Association of Ontario Road Supervisors (AORS) extending an invitation to Members of Council and staff to attend the AORS and District 8 Road Supervisors Association Municipal Trade Show to be held June 7 and 8, 2006 in Napanee, which will showcase a broad range of suppliers of products and services for both municipal and construction organizations. I – 10 Durham Region Transit extending an invitation to Members of Council to join in celebrating “Customer Appreciation Day in support of Clean Air Day”, a national initiative that celebrates and builds awareness across the country about clean air and climate change, to take place Wednesday, June 7, 2006, from 6:00 a.m. to 9:00 a.m. at the Pickering GO Station. The event is in celebration of commuters who use public transit, and Regional Councillors are invited to help distribute promotional items to commuters. I – 11 Carolyn Downs, City Clerk, City of Kingston advising Council that the City of Kingston on May 2, 2006, passed the following resolution: “WHEREAS accessible and affordable regulated childcare service options are recognized as both an essential community service for young families and a significant early learning and development experience for preschool children; and WHEREAS the Federal Government’s termination of the Moving Forward on Early Learning and Child Care Funding Agreement with the province will significantly reduce funding available for the expansion of childcare spaces in the City of Kingston and Frontenac County, as proposed by the Kingston Frontenac Best Start Network; Council Meeting Minutes - 5 - May 29, 2006 THEREFORE BE IT RESOLVED that Kingston City Council formally petition the Federal Government to reconsider termination of the Canada-Ontario Agreement so that Kingston and Ontario can implement the expansion of early learning and childcare services envisioned through the Best Start Program; and further THAT a copy of this resolution be forwarded to the Honourable Peter Milliken, MP for Kingston and the Islands; Prime Minister Stephen Harper; Bill Graham, MP, Interim Leader of the Liberal Party; Jack Layton, MP, Leader of the NDP; Gilles Duceppe, MP, Leader of the Bloc Quebecois; the Honourable John Gerretsen, MPP for Kingston and the Islands; and for endorsement to the Association of Municipalities of Ontario; and all Ontario municipalities with populations greater than 50,000.” I – 12 The Honourable Dalton McGuinty, Premier of Ontario, thanking Council for informing him of Council’s decision to support the resolution of the Agricultural Advisory Committee of Clarington pertaining to 2006 farm taxes and forwarding a copy of Council’s April 10, 2006, correspondence to the Honourable Dwight Duncan, Minister of Finance. I – 13 John O’Toole, MPP Durham, forwarding correspondence to the Honourable David Ramsay requesting the Province’s assistance in combating invasive plants in the Orono Crown Lands. I – 14 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk advising Council that the Town of Ajax on May 8, 2006, passed the following resolution: “WHEREAS the Town of Ajax initiated an official plan review of the Ajax District Plan in 1997 which included an extensive public consultation process; and WHEREAS a comprehensive public consultation process is an important component to any official plan review; and WHEREAS the majority of the lands located east of Audley Road in Ajax were and are currently being actively farmed and used for agricultural purposes; and WHEREAS there was public support to preserve the urban separator between Ajax and Whitby as an agricultural and environmental feature in compliance with the policies of the Durham Region Official Plan; and WHEREAS the Town of Ajax adopted a new Official Plan on April 17, 2000, which identified a fixed and ultimate urban boundary and as such, set aside sufficient land to achieve a balance between employment and housing opportunities to ensure that Ajax will be a financially viable, balanced and complete community; and Council Meeting Minutes - 6 - May 29, 2006 WHEREAS the Town of Ajax has designated a Rural Area beyond the fixed and ultimate urban boundary in the new Official Plan to establish a permanent countryside to permit the continued functioning of natural systems, maintain the rural pattern of large land holdings and a landscape dominated by agriculture, open fields and forests; and WHEREAS the Ajax Official Plan was approved by the Region of Durham on November 1, 2000, with modifications and deferrals; and WHEREAS the Ajax Official Plan came into full force and effect on November23, 2000, save and except for portions deferred or appealed to the Ontario Municipal Board; and WHEREAS only one landowner (i.e. Stroud Family) from the Audley-Lake Ridge Landowners Group appealed the Rural Area designation in the Ajax Official Plan as it applied to their lands (southwest corner of Kingston Road and Lake Ridge Road) and did not pursue their appeal; and WHEREAS the Town of Ajax supports the vision of the Greenbelt Plan to provide for a diverse range of rural communities, agriculture, tourism, recreation and resource uses; gives permanent protection to natural systems; and supports agriculture as the predominant land use; and WHEREAS the Greenbelt Plan reinforces the Rural Area designation in the Ajax Official Plan by establishing a permanent countryside; and WHEREAS the Town of Ajax forwarded a staff report dated December 6, 2004, to the Ministry of Municipal Affairs and Housing as the Town’s comments regarding the Greenbelt Draft Plan, October 2004, requesting among other matters, that the Ministry of Municipal Affairs and Housing include all the lands located north of Taunton Road and east of Audley Road in Ajax, that are designated Rural Area in the Ajax Official Plan, as part of the Greenbelt Plan; and WHEREAS Durham Regional Commissioner’s Report 2004-P-89 dated December 7, 2004, regarding the Greenbelt Draft Plan recommended that to maintain the network of open space connections between Lake Ontario and the Moraine, the width of the Greenbelt between Ajax and Whitby, and the inclusion of the Greenbelt between Courtice and Bowmanville should reflect the Major Open Space urban separators established in the Durham Regional Official Plan, for almost 30 years; and WHEREAS Durham Regional Commissioner’s Reports 2000-P-55, 2001-P-79 and 2002-P-58 regarding site specific amendments within the Ajax and Whitby urban separator all indicate that the proposals were contrary to the fundamental Council Meeting Minutes - 7 - May 29, 2006 regional structure by eroding the urban separator that performs vital urban separator and ecological functions linking the Lake Ontario waterfront with the Oak Ridges Moraine; and WHEREAS the Ministry of Municipal Affairs and Housing included all the lands located north of Taunton Road and east of Audley Road in Ajax as part of the Greenbelt Plan as approved on February 28, 2005; NOW THEREFORE BE IT RESOLVED that the Town of Ajax reaffirms and continues to fully support the inclusion of all lands located north of Taunton Road and east of Audley Road in Ajax within the Greenbelt Plan; and That the Ajax Council resolution be forwarded to the Greenbelt Council and the Minister of Municipal Affairs and Housing in opposition to the recommendation in the April 25, 2006 minutes of the Planning Committee of the Regional Municipality of Durham (Commissioner’s Report Item 4E, resolutions 98-103) regarding the removal of the lands located within the area bounded by Taunton Road, Highway 401, Audley Road and Lake Ridge Road from the Greenbelt Plan in the Town of Ajax; and That should the Council of the Region of Durham approve this ecommendation, that Ajax Council direct staff to take any and all appropriate action required to oppose Durham Regional Council Resolution.” I – 15 Jim Hankinson, President and CEO, Ontario Power Generation, providing an update on Ontario Power Generation’s (OPG) performance in 2005, and forwarding a copy of the April 2006, Performance Update on OPG, the first in a series of semi-annual communications containing background information on OPG, information and graphs depicting performance in key areas of business and providing resources to obtain additional information about OPG’s operations. I – 16 Allan Hewitt, Board Chair, Clarington Public Library, forwarding orrespondence to Caroline Di Cocco, Minister of Culture, acknowledging support of the Provincial government’s funding announcement to strengthen the role of Ontario public libraries but expressing concern that the Clarke Branch and the Newcastle Library were not eligible for funding available to other libraries in small communities because of the amalgamated population of Clarington. I – 17 Lorrie McKee, General Manager, Government Affairs, Greater Toronto Airports Authority, forwarding a copy of the Greater Toronto Airports Authority’s 2005 Annual Report. Council Meeting Minutes - 8 - May 29, 2006 I – 18 Kim Siddall, Manager of Corporate Services, the Corporation of the Municipality of Leamington advising Council that the Municipality of Leamington on May 1, 2006, passed the following resolution: “WHEREAS, The Canadian-Ontario Municipal Rural Infrastructure Fund (COMRIF) was established to enhance and renew Ontario’s aging infrastructure; improve the quality of the environment; protect the health and safety of citizens; support long term economic growth and build strong sustainable communities by giving municipalities the tools they need; And whereas most small municipalities go to great lengths and expense to utilize consultants and limited municipal resources in building a strong business case to meet the goals and objectives of COMRIF; And whereas during the first two rounds of COMRIF announcements, the majority of submissions were not supported because of limited funding; And whereas the selection process for COMRIF is to be seamless and non political; And whereas there are some communities who have had their applications approved for round one and round two of COMRIF; And whereas those communities that have met the COMRIF criteria, but whose projects were not approved because of limited funding are at a disadvantage as they will have to fund their projects by raising municipal taxes; And whereas the existing methodology of selecting projects eligible for funding pursuant to the COMRIF program does not provide for sustainability of aging infrastructure for the majority of rural communities in Ontario; And whereas Ontario municipalities through their respective Councils are more than capable of identifying aging infrastructure in their community; And whereas Ontario municipalities could upgrade their aging infrastructure and develop long range plans if a program was developed which provided funding to all municipalities on a yearly basis; Now therefore be it resolved that the Corporation of the Municipality of Leamington request AMO and the Federal and Provincial Governments to develop a program that will support infrastructure sustainability by providing a yearly stream of funding to all rural municipalities without the municipality having to expend funds and exhaust limited resources in developing business cases; Council Meeting Minutes - 9 - May 29, 2006 And further that a copy of this resolution be forwarded to all Ontario municipalities, local MP’s and MPP’s and AMO Board of Directors seeking their support.” I – 19 The Association of Municipalities of Ontario (AMO) forwarding information on the “Connecting Citizens to their City 311 Symposium” to be held in Windsor on June 12 to 14, 2006. Windsor is the first city in Ontario to utilize Motorola’s Customer Service request System technology for its 311 system. The three- day event would be beneficial to all municipalities considering 311. I – 20 Steve Jacobs, P.Eng., Senior Project Manager, URS, forwarding a Notice of Final Public Information Centre for the Highway 35/Highway 7A Connection Study and Highway 35 Four Lane Planning and Preliminary Design Study – Class Environmental Assessment, Group ‘B’ Project, to be held May 31, 2006, in Bethany and Thursday, June 1, 2006, in Lindsay where technically preferred alternatives for mainline Highway 35 and the Highway 35/Highway 7A Connection will be presented. An External Team Meeting has also been st arranged to coincide with the Public Information Centre on June 1 and Members of Council are encouraged to attend to review the display material and provide comments and concerns in order that they can be addressed in the study. I – 21 Dan Remollino P.Eng., MTO Project Manager, Ministry of Transportation and Doug Allingham, P.Eng., Consultant Project Manager, TSH engineers architects planners, forwarding a Notice of Public Information Centre #1 for the 407 East Environmental Assessment (EA) Study and inviting interested parties to attend any one of four Public Information Centres to be held in Bowmanville thstthth on May 30, Oshawa on May 31, Ajax on June 7 and Whitby on June 8 where identified problems and opportunities, evaluation of transportation alternatives, recommended alternative to be carried forward and preliminary study area will be presented. I – 22 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk advising Council that the Town of Ajax on May 8, 2006, passed the following resolution: “That the resolution of the GTA Mayors and Chairs re: Hospital and Health Care Funding be endorsed.” I – 23 Kerry Meydam expressing concern with the process undertaken regarding the proposal to adjust the Greenbelt boundaries to remove two environmentally sensitive areas in North Courtice and urging Council to petition the Region to reconsider its decision to request the Province to remove the two areas from the Greenbelt. Council Meeting Minutes - 10 - May 29, 2006 I – 24 Association of Municipalities of Ontario (AMO) Member Communication Alert highlighting survey results of the Canadian Federation of Independent Business, Ontario (CFIB) on municipal government issues which have been interpreted to suggest that municipal government leaders are not seeking greater autonomy from the Province. AMO will continue to advocate for changes in both governance and new fiscal arrangements to deal with the $3 billion gap. I – 25 Federation of Canadian Municipalities Members’ Advisory advising of the recent Federal budget’s commitment to a long-term infrastructure plan and the Prime Minister’s support to fixing the $60 billion Municipal infrastructure deficit and fiscal crunch and highlighting particulars of the Canada Strategic Infrastructure Fund and the Municipal Rural Infrastructure Fund. The Prime Minister has mandated the Minister of Transport, Infrastructure and Communities to consult with the provinces, territories and municipalities on developing the long-term plan. I – 26 Brian W. Knott, City Solicitor/Clerk, City of Sarnia advising Council that the City of Sarnia on April 10, 2006, passed the following resolution: “THAT Sarnia City Council support Bill 75 (An Act to amend the Assessment Act with respect to homestead) and forward that support to Premier Dalton McGuinty; The Hon. Dwight Duncan, Minister of Finance; Ms. Caroline Di Cocco, MPP for Sarnia-Lambton; Ms. Maria Van Bommel, MPP for Lambton- Kent-Middlesex; and Mr. Tim Hudak, MPP for Erie-Lincoln, and THAT this correspondence be circulated to all Ontario cities with a population over 50,000 and to the Counties and Regions of Ontario for their information and endorsement.” I – 27 John Mickey, National Brownfield Association U.S.A. Canada, forwarding registration information for the Annual International Brownfield Summit to be held June 8 to 10, 2006, in Niagara Falls, Ontario. I – 30 Canada-Ontario-Niagara Region News Release announcing the official completion of $1.3 million affordable housing project in St. Catharines, Ontario under the Canada-Ontario Affordable Housing Program, a partnership between the Government of Canada, Government of Ontario, Niagara Region, City of St. Catharines and sponsored by Meie Management. I – 31 Kerry Meydam thanking Council for holding a public meeting to allow concerned residents to provide input into Durham Regional Council’s decision to request that the Province remove two areas of North Courtice from the Greenbelt and to thank Council for unanimously supporting Clarington Planning’s recommendations against Durham Region’s decision. Council Meeting Minutes - 11 - May 29, 2006 I – 32 Linda Gasser thanking Council for supporting Planning staff’s ecommendations concerning the Greenbelt Plan including the recommendation that the Municipality of Clarington does not support amendments to the boundaries of the Greenbelt at this time. I – 33 Penny Contreras, Project Coordinator and Dan Carter, Honorary Chair, Coordinating Committee – Let Them Be Kids Across Durham Region, requesting to address Council on a Region-wide initiative to provide information and tools to engage the community, promote volunteerism and develop a template for cooperation across varying sectors and extending an invitation to Members of Council to participate in the 3-day event taking place June 8, 9 and 10, 2006. I – 28 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington (AACC) advising Council that on May 11, 2006, the AACC endorsed the following motion of the Township of King: “WHEREAS one of the recommendations of the approved GTA Agricultural Action Plan states as follows: ‘Encourage the Ontario Farmland Trust (OFT) to develop programs, identify securement mechanisms (including financial) and obtain support from the province, municipal Councils and agricultural organizations; AND WHEREAS the Board of Directors of the Ontario Farmland Trust, at its meeting held on Monday, January 30, 2006, resolved ‘that the Ontario Farmland Trust bring to the attention of all levels of Government the need to extend the Eco-Gifts Program to a Farmland Gifts Program, or arrange for the establishment of a similar Farmland Gifts Program’; AND WHEREAS agriculture is an important industry in Ontario earning significant export revenue for the province and providing employment in allied food and support industries; AND WHEREAS an agricultural land base with high quality soils and a conductive climate is essential to maintaining a strong agricultural industry; AND WHEREAS farmland provides ecological services which sustain water and air-quality resources and provide recreational resources; AND WHEREAS the market value of farmland is much lower than the value of land to be developed for residential, commercial or industrial purposes providing powerful economic incentives to convert land away from agricultural uses; Council Meeting Minutes - 12 - May 29, 2006 AND WHEREAS the Ontario Farmland Trust and other charitable trusts have been created with the ability to hold restrictive easements and covenants and other interests in land donated by land owners to ensure that they remain available for agricultural use in perpetuity; AND WHEREAS donors of interests in land which have specified ecological features qualify for significant benefits under the ecological gifts provisions of the Canada and Ontario Income Taxes Act; AND WHEREAS donors of such easements make sacrifices of great value to society, NOW THEREFORE BE AND IT IS HEREBY RESOLVED: 1. THAT the Corporation of the Township of King supports the current efforts of the Ontario Farmland Trust in regards to: ? The federal and provincial governments being urged to amend their Income Tax Acts to provide the same benefits to donors of farmland for which donors of ecologically sensitive lands now qualify; ? The federal and provincial governments being requested to consider other farmland conservation incentives to ensure that farmland remains in agriculture. 2. THAT copies of this resolution be forwarded to all lower and upper tier municipalities across the Province of Ontario urging their support for these initiatives.” Resolution #C-262-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution of the Township of King with respect to the approved GTA Agricultural Action Plan be endorsed. “CARRIED” I – 29 Peter Waring, Area Supervisor, York Durham Area, Aurora District Office, Ministry of Natural Resources, responding to Council’s correspondence requesting support for the purchase of a wood chipper to manage invasive species on the Orono Crown Lands and advising the acquisition of a wood chipper is one of the OCLT’s own ventures and while the MNR supports their interest in taking steps to mitigate the impacts of invasive species, the MNR has taken no position on the proposed acquisition of the wood chipper. Council Meeting Minutes - 13 - May 29, 2006 Resolution #C-263-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Rules of Procedure be suspended to allow for reconsideration of Resolution #C-210-06. “MOTION LOST ON THE FOLLOWING RECORDED VOTE” (3/4 majority required) Declaration of Yes No Pecuniary Interest Council Member Councillor Foster v Councillor MacArthur v Councillor Pingle v Councillor Robinson v Councillor Schell v Councillor Trim v Mayor Mutton v Resolution #C-264-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Orono Crown Lands Trust be offered an interest-free loan from the Municipality to purchase a chipper. “CARRIED ON THE FOLLOWING RECORDED VOTE” Declaration of Yes No Pecuniary Interest Council Member Councillor Foster v Councillor MacArthur v Councillor Pingle v Councillor Robinson v Councillor Schell v Councillor Trim v Mayor Mutton v Council Meeting Minutes - 14 - May 29, 2006 Resolution #C-265-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I –29 be received for information. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-266-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D – 4 to D – 10 inclusive. “CARRIED” D – 1 A. L. Georgieff, M.C.I.P., R.P.P., Commissioner of Planning, Regional Municipality of Durham, forwarding a copy of Part 2 of the proposed amendment to the Regional Official Plan for the Population, Employment and Urban Land component of the Official Plan Review and advising that the public meeting under the Planning Act for Part 2 will be held on June 27, 2006, at 9:30 a.m. at the Durham Regional Headquarters Building. (Correspondence referred to the Director of Planning Services) D – 2 Sandy White, RN, BScN, MScN, Public Health Nurse, Injury Prevention Program, Falls Prevention, Regional Municipality of Durham requesting October 15 to 21, 2006, be proclaimed “Falls Prevention Week”. (Proclaimed) D – 3 Karen Bastas, Newcastle Business Improvement Area requesting road closures on October 7, 2006, for the Annual Fall Fest and on November 26, 2006, for the Santa Claus Parade route. (Approved provided organizers apply for and obtain road occupancy permits) D – 4 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont advising Council that the Township of South Stormont on April 12, 2006, passed the following resolution: “WHEREAS the Minister of Agriculture, Food and Rural Affairs Leona Dombrowsky did announce a $125 million in immediate financial assistance to farmers of this province; Council Meeting Minutes - 15 - May 29, 2006 AND WHEREAS said announcement is a step in the right direction for those farmers that produce fruits and vegetables, it does little to assist the grain and oilseed farmers as it amounts to $0.40 cents on the dollar that they need; AND WHEREAS farmers in Ontario have to contend with highly subsidized farmers in the United States; AND WHEREAS Ontario Farmers have been seeking a long-term financial plan to set their operations accordingly; AND WHEREAS Minister Dombrowsky’s announcement of the $125 million is timely so as to now bring the Federal Government on-side with Ontario’s Road Map strategy for a multi-year plan to strengthen the agriculture sector but cannot do so without the Federal Government’s support; AND WHEREAS the newly Elected Conservative Federal Government will soon be presenting to the people of Canada, its long awaited cost saving budget; BE IT RESOLVED THAT our MPP be requested to solicit the assistance needed from Minister Dombrowsky to request that the Federal budget reflect the necessary funding to finalize in this calendar year, a long-term plan as requested by Ontario Farmers; BE IT FURTHER RESOLVED THAT our MP, Mr. Guy Lauzon, be called on for his intervention in obtaining the needed Federal Funding to secure this long- term plan; BE IT FURTHER RESOLVED THAT this resolution be forwarded to all municipalities in Ontario and the Association of Municipalities for their support, and further that this resolution be sent to the Premier of Ontario, the Ministers of Finance and Minister Dombrowksy.” Resolution #C-267-06 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D – 4 from the Township of South Stormont regarding financial asstance to farmers of this province be referred to the Agricultural Advisory Committee of Clarington. “CARRIED” Council Meeting Minutes - 16 - May 29, 2006 D – 5 Ed Hollinger, Mayor, Municipality of North Perth advising Council that on May 1, 2006, the Municipality of North Perth passed the following resolution: “THAT WHEREAS Part IV of the Municipal Act, 2001, c.25, said Part IV being entitled ‘Licensing and Registration’ sets out the conditions precedent to municipality licensing a business; AND WHEREAS s. 150(2) of the Municipal Act sets out three purposes for which a municipality may license a business, those purposes being health and safety, nuisance or consumer protection or a combination of all three; AND WHEREAS the types of allowable costs for license fees are set out in s. 150(10) of the said Municipal Act, those being the costs associated with the preparation of the by-law, inspections related to the by-law, enforcement of the by-law against the person operating without a licence, prosecuting and court proceedings, and reciprocal licensing arrangements; AND WHEREAS the municipality of North Perth supports its businesses and local economy; AND WHEREAS the Municipality of North Perth deems it appropriate to allow municipalities the flexibility to charge over and above the allowable costs as per Section 150(9) of the Municipal Act, to deter businesses that do not pay property taxes or in other ways contribute to the well being and betterment of North Perth, competing against local businesses; NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of North Perth requests the Minister of Municipal Affairs and Housing that Section 150 of the Municipal Act be amended to allow North Perth and similar municipalities the ability to protect its local economy and small business owners; AND FURTHER that this resolution be sent to AMO for distribution to all Ontario municipalities for endorsement and support and to MP’s and MPP’s.” Resolution #C-268-06 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the resolution of the Municipality of North Perth with respect to licensing and registration be endorsed. “CARRIED” Council Meeting Minutes - 17 - May 29, 2006 D – 6 Mayor David Burns, the Corporation of the Town of Minto advising Council that the Town of Minto, on April 19, 2006, passed the following resolution: “WHEREAS Ontario property owners and particularly ratepayers in the Town of Minto have brought their concerns regarding inconsistent, illogical and unfair levels of assessment to the attention of the Town of Minto Council; AND WHEREAS representatives of the Municipal Property Assessment Corporation (MPAC) have appeared before this Council to explain the operations and activities of MPAC, but assessing problems still remain unsolved; AND WHEREAS the Government of the Province of Ontario, in response to numerous complaints, requested the Ombudsman of Ontario, Andre Marin, to conduct an investigation into the transparency of the property assessment process and the integrity and efficiency of decision-making at MPAC; AND WHEREAS The Ombudsman’s report ‘Getting It Right’ has now been received by the Premier, MPAC and the Minister of Finance; AND WHEREAS this report reached many troubling conclusions including: the assessment process in Ontario is deeply-flawed; MPAC is not imbued adequately with the ethos and attitude of a public servant; MPAC places far too high a reliance on its own mass generated market predictions instead of actual sale prices, without proof that the marked failed other than the simple fact of deviation from its model; complications that exist for taxpayers in getting access to information have created deep mistrust and suspicion; and MPAC has been woefully bad at recording decisions that favour the taxpayer and it has had a history of ignoring those decisions in the very next year and as a result, taxpayers are in a vicious cycle of assessment, appeal, victory, assessment, appeal, victory; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Minto directs the Minister of Finance, the Honourable Dwight Duncan, to take these matters which were so eloquently outlined in the Ombudsman’s Report, ‘Getting It Right’, under serious consideration and to adopt a stance which will positively resolve these issues and ensure that the Report’s recommendations will be implemented with a view to creating a truly fair, transparent and accountable system of Property Assessment to taxpayers and municipalities in the Province of Ontario; AND FURTHER THAT this resolution be forwarded to the Association of Municipalities of Ontario for circulation to its member Councils.” Council Meeting Minutes - 18 - May 29, 2006 Resolution #C-269-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Item D – 6 from the Town of Minto regarding MPAC be received for information. “CARRIED” D – 7 Carol O. Trainer, Clerk/Deputy Treasurer, Township of Essa, advising Council that the Township of Essa on May 3, 2006, passed the following resolution: “WHEREAS Section 69(2) of the Highway Traffic Act states that ‘No vehicle shall be operated or object moved over or upon any highway with any flange, rib, clamp or other device attached to its wheels, or made a part thereof, which will injure the highway’; and WHEREAS during freezing rain or sleet storm events, many narrow and steep low volume roads become extremely slippery making it difficult, if not impossible, for Road Service Vehicles such as graders, sander trucks and combination snowplow/sander units to safely travel over and maintain these roads even when such Road Service Vehicles are equipped with winter type resilient rubber tires; and WHEREAS there have been occasions when the Township of Essa’s sander truck(s) and grader operators have experienced unsafe situations during extremely slippery conditions in keeping proper steering control and traction while carrying out winter maintenance operations with Road Service Vehicles equipped with winter type resilient rubber tires, resulting in the road service vehicle(s) ending up in the roadside ditch or over embankments which could be prevented by attaching tire chains/cables to the wheels; and WHEREAS the Township of Essa’s Health and Safety Policy and Procedures Manual together with Section 25(h) of the Occupational Health and Safety Act states that ‘An employer shall take every precaution reasonable in the circumstances for the protection of a worker’; and WHEREAS the Township of Essa’s Health and Safety Policy and Procedures Manual together with Section 43(3) of the Occupational Health and Safety Act indicates that an employee may refuse to work or do particular work where he/she has reason to believe that: a) any equipment he/she is to use or operate is likely to endanger himself/herself or another employee; and, b) the physical condition of the workplace is likely to endanger himself/herself; and Council Meeting Minutes - 19 - May 29, 2006 WHEREAS the attachment of tire chains/cables to certain steering and drive wheels on Road Service Vehicles during freezing rain and sleet storm events would make it safer for the employees including motorists and, in addition, it would alleviate costly damages being sustained to the said vehicles and/or other parties thereby reducing the Road Authority’s exposure to liability; NOW THEREFORE BE IT RESOLVED that the Minister of Transportation be requested to exempt Road Service Vehicles from Section 69 of the Highway Traffic Act in order that such vehicles may legally attach tire chains or cables to the wheels for increased steering control and traction reasons during severe winter road conditions; and further THAT the Minister of Labour be requested to support such exemption for the safety of the operator (worker) of the Road Service Vehicle and motorists, along with the Association of Municipalities of Ontario, the Association of Ontario Road Supervisors the Ontario Good Roads Association and the Rural Ontario Municipalities Association.” Resolution #C-270-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution of the Township of Essa with respect to the Highway Traffic Act be endorsed. “CARRIED” D – 8 Carol O. Trainer, Clerk/Deputy Treasurer, Township of Essa, advising Council that the Township of Essa on May 3, 2006, passed the following resolution: “WHEREAS the plight of Ontario farmers continues to worsen with insufficient financial support from either the Provincial or Federal Governments; and WHEREAS the Township of Essa believes that Ontario farmers should be supported by all levels of government; NOW THEREFORE BE IT RESOLVED THAT the Township of Essa does hereby pledge one dollar for every resident within the Township to assist farmers; and THAT every municipality in the Province of Ontario be challenged to provide $1 for every resident living within their boundaries; and further THAT these funds be provided to their local County or Regional Agricultural Federation for distribution within their immediate area.” Council Meeting Minutes - 20 - May 29, 2006 Resolution #C-271-06 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Correspondence Item D – 8 from the Township of Essa with respect to financial support for Ontario farmers be received for information. “CARRIED” D – 9 Rich Tindall, P.Eng., Project Manager, Regional Municipality of Durham, advising of the formation of a Stakeholder Advisory Committee (SAC) as a key element of the Master Planning Study to identify a preferred strategy for the design and operation of municipal water and wastewater systems in the Region, forwarding a Terms of Reference for members of the SAC, and copy of the first project newsletter and inviting the municipality to provide one (1) representative to sit on the SAC for the duration of the study. The Region has requested a written reply by May 30, 2006. Resolution #C-272-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Correspondence Item D – 9 from the Regional Municipality of Durham regarding the formation of a Stakeholder Advisory Committee be referred to the Director of Engineering Services. “CARRIED” D – 10 Roger Anderson, Co-Chair, GTAH Mayors and Regional Chairs group advising Council that the GTAH Mayors & Chairs, at a meeting held April 28, 2006, passed the following resolution: "WHEREAS local access to hospital and other health care services is essential for building strong, prosperous and healthy communities; WHEREAS the GTA/905 Regions of Durham, Halton, Peel and York are among the fastest growing regions in Ontario, expanding by over 100,000 residents each year and representing half the annual population growth in Ontario; WHEREAS Provincial funding for Ontario's hospitals fails to take into account the increasing need for local hospital services in high growth regions of Ontario, such as the GTA/905 Regions of Durham, Halton, Peel and York such that there is a large and growing funding gap for hospital services in the GTA/905 compared to the rest of Ontario; Council Meeting Minutes - 21 - May 29, 2006 WHEREAS the GTAH Mayors and Chairs fully support Premier McGuinty’s request for a fairer share of federal transfer payments and that Ontario's argument with the Federal Government parallels the GTA/905's hospital funding situation vis-a-vis other Ontario regions; WHEREAS new or expanded hospitals facilities across the GTA/905 Regions will not result in additional hospital operating funding until construction is completed over the next number of years; WHEREAS the Ontario Ministry of health and Long-Term Care in July 2005 committed to a 'growth and efficiency adjustment' in hospital funding for the 2006/07 fiscal year and this funding has yet to be allocated; AND WHEREAS GTA/905 residents are now contributing more that $570 million to the Province of Ontario by way of the health care tax; BE IT RESOLVED THAT the Greater Toronto and Hamilton Mayors and Chairs ask the Province of Ontario to: 1) Provide immediate growth funding to GTA/905 hospitals so they can meet the hospital care needs of the growing number of residents in GTA/905 communities; 2) Commit to funding new Local Health Integration Networks (LHIN) for hospital and other health care services on the basis of LHIN population size, growth and characteristics; and 3) Begin developing a hospital and health services plan for Ontario's high growth region to help build the 'complete communities' envisioned in Places to Grow. AND THAT this resolution be sent to the Premier of Ontario, the Minister of Health and Long-Term Care, the Minister of Finance and the Councils of the GTA/905 area municipalities for endorsement." Resolution #C-273-06 Moved by Councillor Trim, seconded by Councillor Foster THAT the resolution of the GTAH Mayors and Regional Chairs group regarding local access to hospital and other health care services be endorsed. “CARRIED” Council Meeting Minutes - 22 - May 29, 2006 MOTION REPORTS Report #1 - General Purpose and Administration Committee Report – May 23, 2006 Resolution #C-274-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of May 23, 2006 be approved, with the exception of Item #6. “CARRIED” Item #6 Resolution #C-275-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-061-06 be received; THAT the Municipality of Clarington advise the Minister of Municipal Affairs and Housing, the Greenbelt Council and the Region of Durham that it does not support amendments to the boundaries of the Greenbelt Plan, at this time; THAT the Greenbelt Council be requested to review issues related to rural employment uses in the Greenbelt; THAT a copy of Report PSD-061-06 be forwarded to John Gerretsen, Minister of Municipal Affairs and Housing; the Municipal Affairs and Housing, Greenbelt Group; the Greenbelt Council; the Region of Durham Planning Department and area municipalities; and THAT all interested parties listed in Report PSD-061-06 and any delegations be advised of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE” Council Meeting Minutes - 23 - May 29, 2006 Declaration of Yes No Pecuniary Interest Council Member Councillor Foster v Councillor MacArthur v Councillor Pingle v Councillor Robinson v Councillor Schell v Councillor Trim v Mayor Mutton v Report #2 – Report PSD-064-06 - Review of Condition 34 of Draft Approved Plan of Subdivision 18T-89048, Owner: Veltri and Sons Limited Resolution #C-276-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-064-06 be received; THAT, in consideration of the direction provided by the General Purpose and Administration Committee to staff at their May 23, 2006 meeting, Condition 34 of Draft Approved Plan of Subdivision 18T-89048, as Draft Approved on December 13, 2004 (Report PSD-138-04) be deleted and replaced with a new Condition 34 as contained in Attachment #4 to Report PSD-064-06; and THAT the Region of Durham, Kawartha Pine Ridge District School Board and the interested parties listed in Report PSD-064-06 be advised of Council’s decision. “CARRIED” UNFINISHED BUSINESS Resolution #C-277-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Doug Allingham and Dan Remollino be thanked for their presentation on the 407 East Environmental Assessment. “CARRIED” Council Meeting Minutes - 24 - May 29, 2006 Resolution #C-278-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Mark Majchrowski be thanked for his presentation on 2006 conservation activities. “CARRIED” Resolution #C-279-06 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the delegation of Dan Carter be referred to the Director of Community Services and to all interested Councillors. “CARRIED” Resolution #C-280-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the delegation of Mr. and Mrs. Sawyer be referred to the Director of Engineering Services and to the Municipal Law Enforcement Division. “CARRIED” OTHER BUSINESS Resolution #C-281-06 Moved by Councillor Trim, seconded by Councillor Foster THAT the Rules of Procedure be suspended to allow for the introduction of items of new business at this time. “CARRIED” Resolution #C-282-06 Moved by Councillor Trim, seconded by Councillor Pingle WHEREAS the Regional Municipality of Durham is responsible for the collection, processing and sale of Blue Box recyclables, the disposal of residential garbage waste, composting of food waste as well as leaf and yard waste in the Municipality of Clarington; Council Meeting Minutes - 25 - May 29, 2006 AND WHEREAS the main goals of the Long Term Waste Management Strategy Plan is to divert at least 50% of the residential waste by the year 2007; AND WHEREAS the Wilmot Creek Community is a land lease residential community with approximately 800 homes and has been excluded in the Region’s curbside program and is able to meet the Region’s standards for waste collection: NOW THEREFORE BE IT RESOLVED that the Region of Durham be requested to implement an Integrated Residential Waste Management System for the Wilmot Creek Community as soon as possible. “CARRIED ON THE FOLLOWING RECORDED VOTE” Declaration of Yes No Pecuniary Interest Council Member Councillor Foster v Councillor MacArthur v Councillor Pingle v Councillor Robinson v Councillor Schell v Councillor Trim v Mayor Mutton v Resolution #C-283-06 Moved by Councillor Schell, seconded by Councillor Trim WHEREAS the Region of Durham’s Trail Coordinating Committee has endorsed the Draft Trail Network, as amended and are proceeding to the Implementation Strategy portion of the process; AND WHEREAS the Region of Durham’s Community Strategic Plan sets out the goals of A3 “Supporting the development of alternative methods of transportation including waterfront trails and other trail systems” and B7 “Protecting, enhancing and investing in our waterfronts”; AND WHEREAS the Region’s Official Plan under Section 14.3.9 explicitly indicates that when an environmental impact study is required that the study shall address “opportunities for the appropriate portions of the subject lands to be included in a natural corridor system along the waterfront and creek valleys”; and further “Regional Council shall support the ongoing development of a continuous and coordinated Lake Ontario waterfront trail…”; AND WHEREAS the Proposed Directions of the Regional Official Plan Review further supports land securement for conservation purposes and the implementation of a Regional Trail Network; Council Meeting Minutes - 26 - May 29, 2006 AND WHEREAS the Region’s Environmental Assessment for the Courtice Water Pollution Control Plant included the concept of and a commitment to the waterfront trail along the waterfront, including a pedestrian crossing of the railway tracks; AND WHEREAS the Region’s Environmental Assessment for the Additional Water Supply to Service the Newcastle Urban Area (Newcastle Water Treatment Plant) included the concept of and commitment to the waterfront trail along the waterfront; AND WHEREAS the development of the trail and appropriate natural corridor plantings was not included in the site development plan for the Courtice Water Treatment Plant; NOW THEREFORE BE IT RESOLVED THAT THE MUNICIPALITY OF CLARINGTON request Regional Council to direct staff to make the necessary provisions for funding in the 2007 capital budget for: a) construction of, planting of and provision of amenities for the waterfront trail from Courtice Road to Solina/Osborne Road including provision of a permanent pedestrian crossing of the railway line; b) construction of, planting of and provision of amenities for the waterfront trail across the front of the Port of Newcastle Water Treatment Plant; and c) provision of the necessary access easements to the Municipality of Clarington (at no cost) for Clarington’s maintenance of the trail, AND FURTHER, THAT a copy of this resolution be forwarded to Durham Region Trails Co-ordinating Committee, and the Waterfront Regeneration Trust. “CARRIED” BY-LAWS By-law 2006-119 was distributed as a handout. Mayor Mutton advised that the tax rate by-law included in the agenda recognizes a tax rate increase of 1.33 percent compared to 1.39 percent last year. Resolution #C-284-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-092, and 2006-112 to 2006-119, inclusive, and that the said by-laws be now read a first and second time: 2006-092 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington Council Meeting Minutes - 27 - May 29, 2006 2006-112 Being a by-law to adopt Amendment No. 50 to the Clarington 2006-113 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2006-114 Being a by-law to authorize the entering into a Recreational Purpose Licence Agreement with Her Majesty the Queen, in Right of Ontario, as represented by the Minister of Public Infrastructure Renewal, the owner of the utility corridor located in Part of Lots 1, 2, and 3 in Broken Front concession former Township of Darlington (Stage 1), now in the Municipality of Clarington, Region of Durham 2006-115 Being a by-law to authorize the entering into a Recreational Purpose Licence Agreement with Her Majesty the Queen, in Right of Ontario, as represented by the Minister of Public Infrastructure Renewal, the owner of the utility corridor located in Part of Lots 33,34 and 35 in concession 1 former Township of Clarke (Stage 2), now in the Municipality of Clarington, Region of Durham 2006-116 Being a by-law to license, regulate and govern auctioneers in the Municipality of Clarington 2006-117 Being a by-law to being a by law to authorize the execution of an Amending Boundary Road Agreement with the Corporation of the City of Oshawa 2006-118 Being a by-law to authorize debenturing to assist in construction of Total Hockey 2006-119 Being a by-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for Municipal purposes for the year 2006 “CARRIED” Resolution #C-285-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-092, and 2006-112 to 2006-119, inclusive, be approved. “CARRIED” Council Meeting Minutes - 28- May 29,2006 CONFIRMING BY-LAW Resolution #C-286-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-120 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 29th day of May, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-287 -06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-120 be approved. "CARRIED" ADJOURNMENT Resolution #C-288-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 8:38 p.m. "CARRIED" MAY~ ~~ NIC AL CLERK