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HomeMy WebLinkAbout11/22/2004 . . . ~. .~ Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON November 22, 2004 Minutes of a regular meeting of Council held on November 22,2004, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Supervisor of Operations, P. Broome (attended until 7:45 p.m.) Director of Engineering Services, T. Cannella (attended until 7:45 p.m.) Director of Community Services, J. Carauna (attended until 7:45 p.m.) Director of Planning Services, D. Crome (attended until 7:45 p.m.) Solicitor, D. Hefferon Director of Corporate Services, M. Marano (attended until 7:45 p.m.) Director of Finance/Treasurer, N. Taylor Acting Chief of Emergency & Fire Services, G. Weir (attended until 7:45 p.m.) Administrative Assistant to the Clerk, C. Tennisco (attended until 7:45 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES There were no disclosures of pecuniary interest stated for this meeting. Resolution #C-570-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on November 8,2004, be approved. "CARRIED" . . . -e '! Council Minutes DELEGATIONS -2- November 22, 2004 Tom and Chigi Cauchon regarding the expropriation of 50 East Beach Road, Bowmanville, were called but were not present. Gerry Sumara with respect to Report EGD-56-04 - Proposed Fencing for Auburn Lane - Storybook Home was called but was not present. Gary Hammett and Nevin Grant addressed Council in opposition to the proposed fence installation for the Storybook Homes Development on Auburn Lane, Courtice. Mr. Hammett stated Gerry Sumara was a member of the delegations four years ago regarding the fencing issue and it was a safety issue. Mr. Hammett referred to a fence schematic showing that 12% of the total linear length should have gone in originally; open ended on each side. He thanked: - the Councillors for coming out to the property and their quick response to emails and phone calls; - Tony Cannella, Director of Engineering Services and Peter Windolf for their time to walk the area and their discussions; even though they would recommend the fence be installed; and - the person who had taken photos; assume they were from the town; possibly for encroachment purposes. Gary Hammett spoke to Durham Regional Police and stated they felt open access to the green space allows for quick access in an emergency. In closing, he stated the developer is willing to make a donation in lieu of the installation of the fence. Nevin Grant addressed Council with respect to Report EGD-56-04 - Proposed Fencing for Auburn Lane - Storybook Home. He commented as follows: 1) Report EGD-56-04 is in defence of previous reports; 2) Background of the report states the concerns of citizens wanting fencing; the opposition was to developers building on lands; 3) misconception of the backyards extending into the open space with no visible delineation discourages public usage; for over one year a stream of youngsters, people walking dogs, family groups and joggers have used the path with no hazard to residents; 4) residents would be expected to police encroachment; if this was so no one would enter into agreements; . . . "= + Council Minutes DELEGATIONS - 3 - November 22, 2004 5) past inspections have discovered encroachment on the open space; there is a natural fence line of trees (no large open space); and 6) environmental concern to the valley; fences will not allow residents to oversee the events going on in the valleys. Stand alone fencing will achieve little. In closing Mr. Grant stated the residents have thought "outside the box" to bring positive ideas and asked Council to extend trust to them. Libby Racansky advised prior to the meeting she would not be addressing Council. Glenda Gies, President, Port Darlington Community Association (PDCA), addressed Council in regards to the Caledon Propane Fire; the worst in Ontario in over 40 years. Ms. Gies stated the fire created an immediate risk to area residents; forcing evacuation from their homes was terrifying and very stressful. Ms. Gies thanked Divisional Chief Hesson and the Clarington Emergency Services for their swift and resourceful response. Glenda Gies is requesting the following: - the cause of the fire, upon completion of the investigation by the Fire Marshal's Office and Durham Regional Police; Council to confirm the amendment to the zoning by-law for general use of industrial areas (propane storage sites); Caledon to relocate rather than resume operations at Port Darlington Road; Clarington to establish a Task Group comprised of representatives from the Municipality of Clarington, Emergency Services, and PDCA to review the Fire Marshal's report and the technical standards for propane storage; and - the Municipality of Clarington organize a debriefing session with representatives from Emergency Services, Durham Regional Police, Red Cross, residents of Port Darlington area, and PDCA. . . . -~ + Council Minutes COMMUNICATIONS I - 1 M04.GE 1-2 E05.GE 1-3 E05.GE 1-4 A01.KA 1-5 C06.TR - 4 - November 22, 2004 Resolution #C-571-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved with the exception of Item I - 19. "CARRIED" Brian Chamberlain, MRAIC, President, Chamberlain Architect Services Limited, congratulating and thanking the Mayor and Members of Council for their support of the Juno Beach Centre. He encloses an actual photograph of the Municipality of Clarington's plaque from the donor kiosks and a copy of a book to commemorate the occasion. Veridian Corporation, News Release, announcing that the achievements of Veridian Corporation were recognized at the annual Ajax-Pickering Board of Trade Business Excellence Awards luncheon. Veridian received the Board's Business Excellence Award in the large industry category. Marolyn Morrison, Mayor, Town of Caledon, submitting a copy of correspondence to the Honourable John Gerretsen, Minister of Municipal Affair & Housing, thanking him for the meeting with the Greater Toronto Countryside Mayor's Alliance held on October 6, 2004 to discuss the proposed Greenbelt Legislation. Ian D. Macnab, Chief Administrative Officer, Kawartha Conservation, submitting to Council the 2004 Annual Report. In 2003 a new vision statement was developed - "Leading the way to abundant clean water within a healthy landscape". They are striving to realize this vision through every area of their programming. Minutes of the Clarington Traffic Management Advisory Committee meeting dated September 16, 2004. . . . ~ . Council Minutes COMMUNICATIONS 1- 6 D02.0A 1-7 F27.GE 1-8 M04.GE 1-9 E05.GR -5- November 22, 2004 Ian Macnab, Chair 2003/04, Conservation Authorities Moraine Coalition (CAMC), forwarding a brochure detailing their efforts and successes of 2003 and extending thanks to all partners for their contributions to CAMC's work in protecting and enhancing the Oak Ridges Moraine. Greg Martino, Account Manager, Municipal Relations, Municipal Property Assessment Corporation, advising that the annual assessment update of all properties in Ontario has been cancelled for the 2004 year. Only owners whose property has undergone a change since the last assessment update in 2003 will be sent a Property Assessment Notice in the fall, which will reflect assessed values as of June 30, 2003. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, announcing a special recognition program for Long Standing Service by Municipal Politicians with 25 years or more of service. Municipalities will have a critical role in identifying the individuals to be recognized. The criteria for nominees are as follows: i) Municipal councillors/politicians currently serving on council ii) Twenty-five years or more of service on municipal councils, as of January 1, 2004 (years of service do not have to be consecutive/the same municipality). In the near future, the request for nominees' forms will be sent to the CAO/Clerk of each municipality and the awards will be presented at the ministry's regional conferences starting in Spring 2005, and annually thereafter. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, inviting Council and Staff to participate in the following meetings to discuss the Government of Ontario's draft Greenbelt Plan for the Golden Horseshoe: - November 23 St. Catharines Quality Hotel & Convention Centre YWCA Durham Caledon Community Centre - November 25 Oshawa - November 29 Caledon The public meetings will run from 7:00 p.m. - 10:00 p.m. . . . " . Council Minutes COMMUNICATIONS 1- 10 D02.GE I - 11 D03.GE 1-12 E08.GE I - 13 F11.GE 1- 14 H04.GE I - 15 E05.GE 1- 16 P13.GE -6- November 22, 2004 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, forwarding a copy of Ontario's new rural plan: Strong Rural Communities: Working Together for Success. The plan reflects the challenges rural communities are facing. Rich Tindall, P.Eng., Works Department, The Regional Municipality of Durham, submitting a copy of the Public Notice for the Biosolids Master Plan and Septage Management Strategy Notice of Study Completion and a copy of Project Newsletter NO.4. Association of Municipalities of Ontario, advising municipalities that the Minister of the Environment has extended the treatment deadlines for a number of categories under Regulation 170/03- installing treatment systems on its wells and drinking water systems. The Governments of Canada and Ontario announcing an agreement with Home Ownership Alternatives, a trust and non- profit corporation, to provide up to $2.3 million in funding to build 382 affordable condominium units in three developments in Scarborough, Pickering and Markham for modest income families. The Canada-Ontario Affordable Housing Agreement is a five-year commitment to creating affordable housing units. Veridian Corporation, News Release, announcing that their 150 employees celebrated 750,000 hours worked without a lost time accident. Representatives from the Electrical & Utilities Safety Association, the International Brotherhood of Electrical Workers and Veridian's municipal shareholders were on hand to recognize the company's safety achievement. John O'Toole, MPP, Durham, thanking Council for the copy of the resolution regarding the request for Information/Request for Qualifications for 2500 MWS of new Clean Generation and Demand Side Projects. Mr. O'Toole has brought this matter to the attention of the Minister of Energy. John O'Toole, MPP, Durham, thanking Council for the copy of the resolution regarding Regional Council's request for additional justices of the peace. The Attorney General advised the appointment process is currently under review to ensure the best candidates with the best qualifications are appointed in a fair and transparent manner. . . . , Council Minutes COMMUNICATIONS 1-17 F22.GE I - 18 M06.ED 1-20 SOO.GE 1 - 21 R05.GE 1-22 C10.MO - 7 - November 22, 2004 Bev Oda, MP, Durham, Official Opposition Heritage Critic, thanking Council for the copy of correspondence to the Minister of Agriculture and Agri-Food. The correspondence has been forwarded to Diane Finley, MP, Official Opposition Agriculture Critic. Kawartha Pine Ridge District School Board inviting all members of the community to a presentation by Rev. Dale Lang, a father whose son was fatally wounded in the Taber, Alberta, high school shooting. Rev. Lang, the author of the book "Jason Has Been Shof', will speak to students during the school day. He will be sending a message of courage and forgiveness. The presentation will be held on Wednesday, November 24, 2004 at 7:00 p.m. at Bowmanville High School. Brian Lemon, CEO of Lakeridge Health Corporation, announcing reductions in Facilities management staff and security - continuing deep cuts in the administrative costs as part of the hospital's $6 million reduction announced on September 10, 2004 to continue to lower the deficit. Shelly Elliott voicing concerns with the Hampton Hall booking system. Last August, she requested use of the hall for a Hampton soccer team. She received different prices ranging from $0 to $75.00 for a two-hour allotment. At the next hall meeting, her request was addressed for approximately 20 minutes, with varying opinions on how much should be paid. In the end, they agreed on $25.00, but a few days later, the booking agent called and advised of a $5.00 booking fee. Martin de Rond, Director of Legislative & Information Services/Clerk, Town of Ajax, writing to Pat Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on November 8, 2004, their Council passed the following resolution regarding the Region Transit Study: "THAT the Regional Transit Business Case be circulated to all Durham Municipalities for review and comment prior to Regional Council voting on this matter." . . . - Council Minutes COMMUNICATIONS 1-23 E05.GR 1- 24 E05.GE 1- 25 T03.GO I - 19 P03.GE -8- November 22, 2004 Douglas E. Speers, President and CEO, EMCO Corporation forwarding the Canadian Industry Program for Energy Conservation's (CIPEC's) 2002/2003 Annual Report entitled Energy Ideas At Work. Joan Andrew, Assistant Deputy Minister, Ministry of the Environment advising that a draft regulation has been posted to the Environmental Bill of Rights Registry to amend the Drinking Water Systems Regulation at will, if passed, extend the deadlines for some regulatory requirements. GO Transit Board Minutes of Meeting held October 8, 2004. Neil McKerrell, Chief, Ministry of Community Safety and Correctional Services, Emergency Management Ontario, advising that the Minister went to Cabinet with Regulations pursuant to the Emergency Management Act and received approval to promulgate the Regulations which will provide greater detail for the following elements of Essential Level community emergency management programs: - Appointment of a Community Emergency Management Coordinator; Establishment of an Emergency Management Program Committee; Establishment of a Municipal Emergency Control Group; Establishment of an Emergency Operations Centre; Appointment of an Emergency Information Officer; and Formulation of an Emergency Response Plan. The implementation date for the Essential Level remains December 31,2004. Resolution #C-572-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 19 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS 0-1 E05.GE 0-2 M02.GE 0-3 F11.GE -9- November 22, 2004 Resolution #C-573-04 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the Correspondence Items be approved as per the agenda, with the exception of Items 0 - 3 to 0 - 11, inclusive. "CARRIED" Linda Jansma, requesting Council to create a by-law banning the use of pesticidal sprays on residential lawns and gardens in Clarington. Ms. Jansma states chemical sprays are most harmful to children and studies have linked pesticide exposure to increased risks of leukemia, brain tumors and asthma, as well as non-life threatening diseases as learning disabilities and behavioral disorders. (Correspondence referred to the Director of Operations) Ann Dreslinski, Chair, Orono Town Hall Board requesting permission to close Park Street between Main and Church Streets on Saturday, December 4,2004 for the Town Hall Board's Breakfast with Santa. They will be offering, along with the pancakes, camel rides for the children. Bowmanville Zoo will be providing the livestock. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Amanda Wills, a grade 9 student, requesting contributions for Courtice Secondary School's fundraising auction. The money raised will support her trip to Hong Kong and China to honor the Canadian Veterans of the "Battle of Hong Kong" in November 2005. Resolution #C-574-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Correspondence Item 0 - 3 be referred to Marketing and Communications. "CARRIED" . . . Council Minutes COMMUNICATIONS 0-4 F11.GE 0-5 P14.GE 0-6 D14.GE - 10- November 22, 2004 Bill Calver, requesting Council's assistance in raising funds to place a permanent Memorial Marker in memory of F/O. Observer H.F. Longworth and a written request to the "Crown" for permission to place this marker within the confines of Snowdonian National Park. Resolution #C-575-04 Moved by Councillor Schell, seconded by Councillor Pingle THAT Correspondence Item 0 - 4 be referred to the Director of Operations to work in conjunction with Bill Calver. "CARRIED" Andrea Maenza, expressing her concern regarding a resolution Council endorsed in regards to the Clarington Agricultural Advisory Committee for the SPCA to schedule visits to farms to investigate allegations of animal abuse. Ms Maenza is requesting Council to reconsider the endorsement. The SPCA has no ability to lay charges or seize animals for normal farming practices - they can only intervene if there is abuse. Resolution #C-576-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Item 0 - 5 be received for information. "CARRIED" Dan Strike, Strike, Salmers & Furlong, Barristers & Solicitors, writing with respect to the Bowmanville Professional Building. The construction of the building is critical for the municipality, which has been recognized provincially as an area "under serviced". Mr. Strike is requesting that Council requesting Council waive the municipal portion of the Developmental Charges ($45,000) and the Parkland Dedication ($6,000) on the expansion. He understands that Council has waived the charges in the past, in order to encourage an outcome that is for the betterment of the community as a whole. . . . . Council Minutes COMMUNICATIONS 0-7 C10.MO - 11 - November 22, 2004 Resolution #C-577-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item 0 - 6 be referred to the Director of Finance/Treasurer; and THAT a report addressing this matter be presented to Council. "CARRIED" Wellesley Township, advising that at a meeting held on October 19, 2004, their Council passed the following resolution regarding the Fuel Gas Tax: "WHEREAS the Corporation of the Township of Wellesley passed a motion on March 6, 2000 which stated as follows: "WHEREAS the Provincial Government collected $592 Million in Fuel Tax, $2.068 Billion in Gas Tax and $890 Million in license and registration tax for a total of $3.55 Billion in 1998/1999; and WHEREAS the Provincial Government has budgeted to collect $592 Million in Fuel taxes, $2.153 Billion in Gas Tax and another $883 Million in license and registration tax for a total of $3.628 Billion; and WHEREAS the Provincial Government to date has downloaded 5166 km of roads to the lower tier (Cities, Counties, Regions, etc); and WHEREAS Municipalities do not have the funds to maintain these downloaded roads without increasing property taxes; and WHEREAS taxpayers feel they are already paying for the maintenance of these roads through the above mentioned taxes; and . . . Council Minutes COMMUNICATIONS - 12- November 22, 2004 THEREFORE be it resolved that the Provincial Government turn a percentage of the above taxes collected over to the lower tier Governments;" and WHEREAS The above stated resolution was forwarded to the attention of the Premier of Ontario, the Minister of Finance, our Local Member of Parliament and AMO to be circulated to all municipalities in the Province of Ontario; and WHEREAS the Corporation of the Township of Wellesley has repeatedly expressed its support for similar resolutions forwarded by other local municipalities; and WHEREAS on January 5, 2004 a motion was passed by the Council of the Township of Wellesley which stated: "That the Township of Wellesley forward a letter of congratulation to Mr. Paul Martin for his recent appointment and that we request a NEW DEAL for Rural Municipalities to assist in strengthening road maintenance due to geography, low assessment and tax distribution ratios; and further that the letter be forwarded to other Regional Rural Municipalities for support with copies being forwarded to our Federal and Provincial representatives and the Minister of Transportation."; and WHEREAS on March 1, 2004 the Council of the Township of Wellesley passed the following motion: "That the Council of the Township of Wellesley support the request that the Province of Ontario consider establishing a fair and equitable distribution of the gas tax to Municipalities to the benefit of all the residents in the Province of Ontario and not base the distribution solely on the volume of gasoline sold within the geographic boundaries of individual municipalities and that this motion be distributed to area municipalities with the Region of Waterloo and our neighbouring municipalities."; and WHEREAS the Council of the Township of Wellesley has been and continues to be, a strong, rural advocate for the fair and equitable distribution of the gas tax at both the Federal and the Provincial levels; and . . . Council Minutes COMMUNICATIONS - 13 - November 22, 2004 WHEREAS Mr. Paul Martin has promised that Federal plans to divert gas taxes to municipalities including a guarantee that ALL municipalities, urban and rural, will benefit from the distribution of these funds; and WHEREAS the cost of maintaining road and bridge infrastructure in small rural communities is disproportionate to their operating budgets in comparison to larger urban centers; and WHEREAS the advisory committee of "Big City Mayors" has been selected to consult with the Federal Government on the distribution formula; and WHEREAS there is a legitimate fear on the part of smaller rural municipalities that this committee may be unduly influenced by the following statement attributed to Mayor David Miller, Toronto that "The Canadian economy is in the cities. We are not a rural agrarian country any more." which may result in recommendations that the bulk of the gas tax be directed to the larger municipalities leaving little of the revenue to be distributed to the rural municipalities; and WHEREAS the "Big City Mayors Caucus" has adopted certain principles concerning the treatment of funding from the gas tax which should be supported including: · Enhanced Local Autonomy concerning the municipal use of fuel tax; · Demand - Based allocation of the fuel tax with 25% of the tax being allocated to public transit infrastructure, where it is identified as a municipal priority: . Equity; and · Representation from different-sized communities and regions to determine if any changes to this allocation formula are appropriate; and WHEREAS it is important that the distribution of the gas tax from both the Federal and the Provincial levels be fair and equitable as has been stated to be the objective of Mr. John Godfrey, Minister of State for Infrastructure and Communities; and . . . Council Minutes COMMUNICATIONS - 14- November 22, 2004 WHEREAS for the Township of Wellesley, the Region of Waterloo has through the implementation of a Regional Growth Management Strategy delineated ultimate growth limits around existing small settlement areas which will limit growth for the next forty years which will reduce the local ability to increase assessment and keep pace with the increasing costs of infrastructure renewal; BE IT HEREBY RESOLVED that rural Ontario and Canada demands their fair share of the gas tax revenues as promised by Mr. Paul Martin, Mr. John Godfrey and others and that the formula for sharing the revenues recognize the special needs of the small municipality - rural Canada, and the infrastructure affordability issues that they face as being on a par with the needs of the urban centers across the province and country; and FURTHER that this resolution be forwarded to Mr. Paul Martin, Prime Minister of Canada, Mr. Stephen Harper, Leader of the Opposition, Mr. John Godfrey, Minister of State for Infrastructure and Communities; Mr. Dalton McGuinty, Premier of the Province of Ontario; Mr. Lynn Meyers, MP; Mr. Ted Arnott, MPP; the Federation of Canadian Municipalities; the Association of Municipalities of Ontario; Rural Ontario Municipal Association; the Regional Municipality of Waterloo; the area municipalities in the Region of Waterloo; and Further that the Township of Wellesley forward this resolution to other municipalities across the Province of Ontario and Canada for their consideration and support. " Resolution #C-578-04 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item 0 - 7 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS 0-8 C10.MO - 15 - November 22, 2004 Brenda Colquhoun, Clerk, Township of Adjala-Tosorontio advising that their council passed the following resolution regarding Dairy Herd Improvement (DHI) Funding: "WHEREAS DHI is a non-profit organization that provides profitable dairy management solutions to dairy producers and has partnered with the Ontario Ministry of Agriculture and Food that last year provided a $1.4454 million grant to DHI in support of dairy herd management and animal improvement activities making up approximately 12% of the operating budget of the non-profit organization; AND WHEREAS the Bovine Spongiform Encephalopathy Crisis (Mad Cow Disease) has already created a crisis in the agricultural industry including the inability of dairy farmers to get rid of cull cows; RESOLVED THAT the Ontario Government be requested to support the dairy farmers and rural community in general and reinstate DHI funding immediately; AND THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, the Honourable Steve Peters, Minister of Agriculture and Food and Jim Wilson, MPP for Simcoe Grey; AND FURTHER THAT a request be made to all Municipalities in Ontario to support this resolution." Resolution #C-579-04 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Township of Adjala-Tosorontio regarding the Dairy Herd Improvement (DHI) Funding be referred to the Agricultural Advisory Committee. "CARRIED" . . . , . ~. Council Minutes COMMUNICATIONS 0-9 C10.MO - 16- November 22, 2004 Township of Augusta forwarding the following resolution passed by their Council: "WHEREAS the Minister of Finance has recently announced that the previous plan to have one cent a litre of gas tax going to municipal governments have now been earmarked for those municipalities with Public Transportation only AND WHEREAS in the year 2003 there were some six million, nine hundred and fifty seven thousand, one hundred and seventy four vehicles in the Province of Ontario according to Statistics Canada AND WHEREAS out of those vehicles registered, many are locate in rural areas that do not have the availability of any type of public transportation AND WHEREAS many rural communities may purchase more gasoline per capita than those in an urban setting with public transportation AND WHEREAS the public highways in the rural areas have an increase in traffic flows which could cause repair work to be warranted at a much faster rate than those in the urban areas with public transportation AND WHEREAS the Eastern Ontario Wardens Caucus did request that a fair funding formula be determined on a Gas Tax Fund in order to allow those municipalities without public transportation benefit as well AND WHEREAS the Council of the Corporation of the Township of Augusta agrees with the idea of Public Transportation NOW THEREFORE the Council of the Corporation of the Township of Augusta urges the Minister of Finance and the Province of Ontario to re-examine the access to the gas tax fund allocation to be distributed so that municipalities that are without public transportation would also be assisted AND FURTHER THAT a copy of this resolution be forwarded to the Association of Municipalities of Ontario to be distributed to all municipalities for support AND THAT a copy of this resolution also be forwarded to our local MPP, the Minister of Finance, the Premier of Ontario and our MP." . . . ~ ~ Council Minutes COMMUNICATIONS 0-10 C10.MO - 17- November 22, 2004 Resolution #C-580-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 0 - 9 be received for information. "CARRIED" Township of Augusta forwarding the following resolution passed by their Council: "WHEREAS the Province of Ontario is currently in consultation with the Association of Municipality of Ontario along with members of various Municipal organizations regarding the Community Reinvestment Fund (CRF) AND WHEREAS the CRF was implemented in 1998 due to various grant money being eliminated to Municipalities from the Province as well as to help with the "downloading" that was occurring AND WHEREAS the CRF is attached to specific activities such as; offsetting costs for Policing with the first $90.00 per household being borne by the municipality AND WHEREAS the CRF is also attached to specific activities such as social assistance, transportation costs associated with highways that were "Downloaded" during the 1998 "Amalgamation blitz" in Ontario and the farm tax rebate to name but a few AND WHEREAS section 9 of the Municipal Act notes that the authority to govern their affairs as they consider appropriate and enhance their ability to respond to municipal issues may be hindered if the CRF was eliminated AND WHEREAS there are spheres of jurisdiction that fall only under the municipal level of government AND WHEREAS the ratepayers expect a certain level of service for the tax dollars that they are paying . . . " ., .~ Council Minutes COMMUNICATIONS 0-11 - 18 - November 22,2004 AND WHEREAS if the CRF were to be eliminated, it will undoubtedly cause a financial hardship to the ratepayers as the tax rate will have no choice but to rise in order to meet the dollars that will be eliminated AND WHEREAS for the Township of Augusta this would mean a 38% tax rate increase to maintain the same levels service they are now providing without any consumer price index being taken into consideration NOW THEREFORE the Council of the Corporation of the Township of Augusta urges that the Province of Ontario to either leave the CRF allocation as it is currently with somewhat the same funding formula OR to replace the CRF with some other form of funding that will be comparable in the dollars received AND FURTHER THAT a copy of this resolution be forwarded to the Association of Municipalities of Ontario to be distributed to all municipalities for support AND THAT each municipality forward a copy of this resolution to their local MPP, the Minister of Municipal Affairs, the Minister of Finance and the Premier of Ontario." Resolution #C-581-04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the resolution from the Township of Augusta regarding the Community Reinvestment Fund be endorsed by the Municipality of Clarington. "CARRIED" Confidential legal matter. Resolution #C-582-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item 0 - 11 be referred to the end of the agenda to be considered at a "closed" meeting. "CARRIED" .. . . . " .- Council Minutes November 22, 2004 - 19- NOTICE OF MOTION REPORTS Report #1 Resolution #C-583-04 G.PA Report Moved by Councillor Schell, seconded by Councillor Trim November 15, 2004 THAT the General Purpose and Administration Committee Report of November 15, 2004, be approved. "CARRIED" Report #2 Resolution #C-584-04 Fencing Auburn Lane Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report EGD-56-04 be received; THAT the fencing behind addresses 70 to 106 Auburn Lane and along the public access between 90 and 94 Auburn Lane be installed in accordance with the sub-division agreement; and THAT all interested parties and any delegations be advised of Council's decision. "SEE FOLLOWING AMENDING MOTION" Resolution #C-585-04 Moved by Councillor Pingle, seconded by Councillor Trim THAT the foregoing Resolution #C-584-04 be amended by adding the following new third paragraph: "THAT the residents be allowed to install gates in the fence, at their expense, to gain access to the green space." "MOTION LOST" The foregoing Resolution #C-584-04 was then put to a vote and CARRIED. " . . . '"" r Council Minutes REPORTS Report #3 Confidential Verbal Report - 20- November 22, 2004 Resolution #C-586-04 Moved by Councillor Schell, seconded by Councillor Foster THAT the Confidential Verbal Report of the Solicitor be referred to the end of the agenda to be considered at a "closed" meeting. UNFINISHED BUSINESS "CARRIED" CLD-035-04 Taxi By-law BY-LAWS Resolution #C-587-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Addendum to Report CLD-35-04 be received; THAT a further report be presented to the General Purpose and Administration Committee of December 6, 2004 addressing the issue of the installation of emergency lights in taxi cabs; and THAT the taxi by-law be presented to Council on December 13, 2004. "CARRIED" Resolution #C-588-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-laws 2004-245 to 2004-246 inclusive, and that the said by-laws be now read a first and second time: 2004-245 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Frank Forrest) 2004-246 being a by-law to authorize the transfer of an easement shown as Part 1 of Registered Reference Plan 40R- 19269, for the purpose of constructing and maintaining a switchgear (Veridian Connection Inc.) "CARRIED" ., . . . +i r Council Minutes BY-LAWS OTHER BUSINESS Regional Updates Boards and Committees - 21 - November 22, 2004 Resolution #C-589-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2004-245 to 2004-246 inclusive, be approved. "CARRIED" Mayor Mutton announced that on Wednesday, November 25, 2005 the yearly release on tax rate target from staff at the Durham Region along with the five year forecast will be presented. They are looking at a 6.75% target which is mainly comprised of contract negotiations (salaries). A target is set for external agencies to follow, which usually comes in at 1 %. Councillor Schell stated the old Test Hill Task Force has restructured and their first meeting has been held. A tour has been scheduled for the new year and they look forward to moving ahead. Councillor Trim was discouraged when it was stated at the Health & Social Safety last week that a Ministry of Environment delegation, was unable to access to the Oshawa Gun Club to take tests of their Soundsorb. He is requesting bi monthly reports to ensure progress is being made. Councillor Foster commented on the wonderful job the staff of Animal Services did in tending to the animals at the shelter during the Caledon Propane Fire and hosting the Animal Advisory Meeting the following day. Councillor MacArthur presented a plaque to the municipality which was received from Kawartha Conservation in commemoration and appreciation of the ongoing support for the past 25 years of conservation management. I#' . . . ~ r Council Minutes OTHER BUSINESS - 22- November 22, 2004 Councillor Pingle announced that the Museum has an excellent display on the history of Durham. Commencing January through to March 2005 there will be a traveling exhibit on Egypt - Gift to the Nile from the Royal Ontario Museum. Councillor Schell invited everyone out to the Bowmanville BIA Tree Lighting Ceremony on Friday, December 3, 2004. The stores in downtown Bowmanville will begin their extended hours for Christmas shopping. Councillor Trim commended the organizers on an excellent Santa Claus Parade. He requested proper signage on Waverley Road, from Highway 401, heading north towards Highway 57. Many residents are confused and turn right before getting to Highway 2 and Highway 57. He also requested that yellow lines be painted on our northern roads as they experience for hazards. Resolution #C-590-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Council recess for 10 minutes after which time they convene in "closed" session to consider a Confidential Verbal Report from the Solicitor and Correspondence Item 0 - 11. "CARRIED" Resolution #C-591-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken at the "closed" meeting be ratified. "CARRIED" ~ . . . it ". Council Minutes - 23 - November 22, 2004 CONFIRMING BY-LAW ADJOURNMENT Resolution #C-592-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2004-247 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 22nd day of November 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-593-04 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2004-247 be approved. "CARRIED" Resolution #C-594-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting adjourn at 8:22 p.m. "CARRIED"