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Home My WebLink About12/13/2004 . . . , ;/' '" Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON December 13, 2004 Minutes of a regular meeting of Council held on December 13,2004, 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 Director of Engineering Services, T. Cannella (attended until 8:43 p.m.) Director of Community Services, J. Carauna (attended until 8:43 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 8:43 p.m.) Director of Corporate Services, M. Marano Deputy Treasurer, L. Gordon (attended until 8:43 p.m.) Acting Chief of Emergency & Fire Services, G. Weir (attended until 8:43 p.m.) Administrative Assistant to the Clerk, C. Tennisco (attended until 8:43 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES There were no disclosures of pecuniary interest stated for this meeting. Resolution #C-595-04 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on November 22, 2004, be approved. "CARRIED" . . . , , Council Minutes PRESENTATION - 2- December 13, 2004 Resolution #C-596-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the following Presentations be added to the Agenda: 1) Ruben Plaza, St. Marys Cement, Bowmanville Plant; and 2) Brian Ritchie, Detox Environmental Ltd. "CARRIED" Ruben Plaza and Martin Vroe, St. Marys Cement, Bowmanville Plant addressed Council regarding the article printed by The Toronto Star. Mr. Plaza spoke on the issue of Principal Air Emissions quality survey of the Ministry of Environment with the following points: . Air Emission Monitoring Sulphur dioxide, carbon monoxide, ozone, nitrogen dioxide were below the MOE standard; . Dust Monitoring PM 10 results showed an average of 21.77 ug/m3 (<1/2 of the limit of 50 ug/m3); and . Gas Emission Monitoring Opacity average of 5.14 %. Mr. Plaza stated St. Marys Cement continues to reduce/control emission levels by: -96 dust collectors in the plant -Spraying water for handling material -Dust suppressants on roads; -Water truck for dust control on roads; -Stock piles covered; -Tree planting program; and -Evaluation of technologies for reducing the emissions of SOz and NOx. Brian Ritchie, Detox Environmental Ltd., addressed Council regarding an article printed by The Toronto Star on Wednesday, December 8, 2004 which stated negative facts regarding recycling/detoxing process of Detox. Mr. Ritchie stated since the release of the article they have received numerous inquires from customers, including the Municipality of Clarington. Mr. Ritchie advised the article was incorrect and The Toronto Star based their facts on the web site of www.pollution.orq. A retraction was issued by The Toronto Star on Friday, December 10, 2004. , . . . Council Minutes PRESENTATIONS DELEGATIONS - 3 - December 13, 2004 In closing, Brian Ritchie stated Detox will continue to serve the municipality in the disposal of hazardous waste and advised they are in the process of legal action against The Toronto Star. Mayor Mutton introduced Edith Hopkins, Library Director and welcomed her to the Municipality of Clarington. Resolution #C-597 -04 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT a delegation of Keith Isnor, Clarington Museums and Archives Board regarding Correspondence Item 0-7 be added to the list of delegations. "CARRIED" David Kelly, Accessibility Advisory Committee, regarding Report CLD-40-04 - 2005 Accessibility Plan in Accordance with the Ontarians With Disabilities Act, was called but was not present. Suzanne Elston, Durham Environmental Advisory Committee, appeared before Council requesting nominees for the upcoming Environmental Achievement Awards for Durham Region. Awards will be presented for the following five categories: . Stewardship Project - maintain, protect and preserve the environment; . Restoration Award - restoration of degraded natural environments . Communication Award - leadership in aiding the public about the environment . Innovation Award - "out of the box" thinking to positive change to the environment . Partnership Award - enhancement of the environment through relations with the public. Ms. Elston advised nominations will close January 31,2005 and awards will be presented in April 2005. . . . Council Minutes DELEGATIONS -4- December 13, 2004 Mario Veltri stated the following concerns in regards to Report PSD-138-04 - Rezoning and Plan of Subdivision (Veltri and Son Limited): - property zoning being changed from Agricultural to EP7 will not be a benefit; - property has been zoned Agricultural and was used as such; - Mr. Veltri has invested numerous dollars into the property; - originally the subdivision consisted of 93 residential lots and due to changes implemented by the Provincial Government the numbers are reduced to 43 units; and - the project will not affect the nitrate loading. In closing, Mr. Veltri stated he is in agreement with the municipality on the subdivision being limited to 39 lots, but not the conditions set out. Roslyn Houser, Goodmans Law Firm addressed Council regarding PSD-163-04 - Brookhill Secondary Plan Study. Ms. Houser stated concerns over the time frames involved with the process for the Brookhill Neighbourhood Secondary Plan. She is requesting: - Council not approve the Recommendations in the staff Report; - the municipality not to view the process as a confrontation; and - no further time delays (not comfortable with the one year projection). In closing, Ms. Houser is requesting that the Municipality allow the development group to look at the new urbanism and that the final phase come back to the municipality for approval. Tom and Chigi Cauchon regarding Report PSD-155-04 - Port Darlington Neighbourhood Secondary Plan COPA 2004-005, were called but were not present Kevin Taylor addressed Council with regard to Report PSD-155-04 -Port Darlington Neighbourhood Secondary Plan COPA 2004-005. Mr. Taylor stated, should the Official Plan Amendment be passed, the traffic flow will increase in his neighbourhood and possibly cause damage to the front of his property. Scott Lumley regarding Report PSD-155-04 Port Darlington Neighbourhood Secondary Plan COPA 2004-005, was called but was not present. . . . Council Minutes DELEGATIONS COMMUNICATIONS COMMUNICATIONS I - 1 M04.GE - 5 - December 13, 2004 Resolution #C-598-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council convene in "closed" session to hear the delegation of Keith Isnor, Clarington Museum and Archive Board regarding Confidential Correspondence Item 0 - 7. "CARRIED" Resolution #C-599-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:15 p.m. Resolution #C-600-04 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information, including the handout item, be approved with the exception of Items I - 6 and 1-20. "CARRIED" John O'Toole, MPP, Durham, commending Clarington Emergency and Fire Services for it professionalism in responding to the explosion and fire near Port Darlington November 9, 2004. The loss of property is always regrettable and our thoughts are with the business and property owners affected by the incident. However, the community is indeed fortunate the fire was brought under control promptly, and without loss of life or injury. Clarington Council is to be congratulated for its leadership in having outstanding firefighters and emergency response personnel, along with emergency preparedness plans to address incidents such as this. . . . Council Minutes COMMUNICATIONS 1-2 P03.GE 1-3 P14.GE 1-4 M04.GE 1-5 M04.GE 1-7 C06.AG 1-8 C06.CE 1-9 C06.CL I - 10 E05.0N I - 11 D11.GE -6- December 13, 2004 John O'Toole, MPP, Durham, submitting an excerpted copy of Hansard for November 15, 2004. He is pleased to have had the opportunity to pay tribute to those who responded to the recent propane explosion in Clarington and kept the community safe. John O'Toole, MPP, Durham, thanking Council for the copy of the resolution regarding the amendments to the Ontario Society for the Prevention of Cruelty to the Animals Act. He agrees Ontario's farmers should not be faced with the added pressure of unwarranted complaints to the society for the Prevention of Cruelty to Animals regarding the care of livestock and has written the Honourable Steve Peters, Minister of Agriculture and Food to ensure Clarington's position is on record. Douglas Stevens, Pastor (Captain), The Salvation Army, Bowmanville Community Church Ministries, thanking Mayor Mutton and Council for the 'On Street Parking Permit'. Nicole Parsons, National Project Coordinator, Waste Reduction Week in Canada, Recycling Council of Ontario, extending their appreciation for the Municipality of Clarington's participation and support in "Waste Reduction Week" in promoting waste reduction and the 3R's. Minutes of the Clarington Agricultural Advisory Committee meeting dated October 14, 2004. Minutes of the Central Lake Ontario Conservation Authority meeting dated November 16, 2004. Minutes of the Clarington Traffic Management Advisory Committee meeting dated October 21,2004. Ontario Power Generation Nuclear Report Card, Darlington providing Council with the Third Quarter Report 2004. Deb Shewfelt, Mayor, Town of Goderich, Chair, OMWA Board of Directors, providing a copy of the OMWA Councillors Handbook 2004 - Statutory Standard of Care. The handbook is intended to provide a basic understanding of public water processes and administration practices. . . . Council Minutes COMMUNICATIONS 1-12 E07.GE I - 13 TOO.GE 1-14 C10.MO I - 15 SOO.GE I - 16 E05.GR -7- December 13, 2004 Stephen Laird, Operations Technician II, The Regional Municipality of Durham, submitting a copy of a memo regarding Bulky Goods Collection Schedule Change - Clarington. Bulky collection is a 'call-in service'. Reporting will be completed on Friday, prior to collection week. The schedule is a follows: - Data Collection Start Date November 18, 2004 - First Deadline Date November 26, 2004 - New Collection Start Date November 30 - December 3, 2004 Collection will run on a weekly basis going forward on regular collection days. Steve Shaw, Vice-President, Corporate Affairs & Communications, Greater Toronto Airports Authority, submitting a copy of the Pickering Airport Draft Plan Report regarding a potential airport on the Pickering lands. M. Bredeson, Executive Correspondence Officer, Office of the Prime Minister, acknowledging the municipality's correspondence regarding the Municipality of Clarington's endorsement of the City of Oshawa's resolution 'Project Beacon - General Motors of Canada Ltd.'. The views expressed in the resolution have been carefully reviewed. Bev Billings, PHN, Member of Durham Lives! Food Wellness working group, providing a copy of the first edition of the 'Food Wellness - Your Community Newsletter'. The newsletter has been forwarded to agencies across the region that service clientele who have difficulty accessing sufficient, nutritious food. Ontario Property and Environmental Rights Alliance, submitting a copy of the Greenbelt Background Discussion Paper outlining the following issues and concerns: - dedicated Greenbelt supporters have no personal financial investment or legal title; - owners or rural lands targeted are seldom mentioned and rights never acknowledged; - legislation denies landowner compensation for entire or partial "takings" of private property; . . . Council Minutes COMMUNICATIONS 1-17 E05.GR 1- 18 SOOGE 1-19 SOO.GE 1-21 E05.GR 1-22 L07.GE - 8 - December 13, 2004 - manipulation of property values represents a massive re- distribution of wealth and shrinks the tax base of rural municipalities in the area; and - legislation provides no cosUbenefit analysis. Tim Hudak, M.P.P., Erie-Lincoln, addressing Council regarding the December 16, 2004 upcoming vote on the legislation in regards to the proposed Greenbelt Act. Mr. Hudak is requesting the deadline to be extended to allow for consultations and to send the Greenbelt legislation to an all-party Legislative Committee in 2005 for a proper and thorough review of the Greenbelt. Brian Lemon, CEO of Lakeridge Health Corporation, announcing a parking fee increase adding $450,000 to the Parking Revenue and Corporate Planning and Administrative reductions - creating $450,000 reduction to continue to lower the deficit. Hume Martin, President & CEO, Rouge Valley Health System, and Brian Lemon, CEO of Lakeridge Health Corporation, advising that on November 18, 2004 CEOs from all the hospital were provided with the results of information gathered in regards to the Business Office Transformation Project - a project involving 18 east GT A and downtown hospitals looking at the feasibility of consolidating non- clinical support services. As a result, 16 of the hospitals have agreed to form a not-for-profit shared services company - Hospital Business Services to determine how to transition hospitals from their current set-up to the new company. August and Joanne Geisberger, submitting a copy of correspondence to the Ministry of Municipal Affairs and Housing stating their concerns in regards to the Greenbelt Act. Frank Hoar, Newcastle-Bond Head Ratepayers Association, advising that at a meeting held on November 15, 2004 a motion was passed opposing the use of expropriation of any lakefront lands in the Village of Newcastle, for parkland purposes. As suggested in prior years, a viable alternative would be the current vacant lands on the west side of Graham Creek which is uninhabited, without structure and already owned by the Municipality. . . . Council Minutes COMMUNICATIONS 1-23 C10.MO 1-24 C10.MO 1-25 E07.GE -9- December 13, 2004 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on December 1, 2004 their Council passed the following resolution regarding the 2004 Building Permit Activity Review (2004-P-88): "a) THAT Report #2004-P-88 of the Commissioner of Planning be received for information; and b ) THAT a copy of Report #2004-P-88 of the Commissioner of Planning be forwarded to the area municipalities." P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on December 1, 2004 their Council passed the following resolution regarding the Brownfield Regulation and Revisions to the Region's Framework for Assessing Site Contamination (2004-P-84): "a) THAT the revised 'Framework for Assessing the Potential for Site Contamination and Requirements for Remediation in Site-Specific Planning Applications' shown as Attachment 1 to Report #2004-P-84 of the Commissioner of Planning be endorsed; and b) THAT a copy of Report #2004-P-84 of the Commissioner of Planning be forwarded to the area municipalities, the Urban Development Institute - Durham Chapter, the Durham Environmental Advisory Committee (DEAC) and the Ministry of the Environment." Mirka Januszkiewicz, Director of Waste Management Services, Regional Municipality of Durham, advising that the Region has initiated a Planning Study to conduct an Ontario Environmental Assessment (EA) to evaluate alternative technologies for processing and disposal of residential residual waste to maximize the recovery of recyclables and energy, while minimizing the amount of material requiring landfill disposal. . . . Council Minutes COMMUNICATIONS 1-26 D02.0A 1- 27 C10.MO - 10- December 13, 2004 Ian D. Macnab, CAMC Chair 2003/04, Conservation Authorities Moraine Coalition, submitting a copy of a brochure detailing the efforts and successes of 2003. The mission of CAMC is to advance the science for understanding the Oak Ridges Moraine, leading to broad support for the conservation and protection of the form, function and linkages of the moraine. Martin de Rond, Director of Legislative & Information Services/Clerk, Town of Ajax, writing to the Cpl. Fred Topham VC Fundraising Project, advising that at a meeting held on November 22, 2004, their Council passed the following resolution regarding the Victoria Cross: "WHEREAS the Victoria Cross, Canada's highest military decoration, was awarded to Corporal Fred Topham for valour who ran into enemy fire to save the lives of dozens of wounded soldiers in Germany on March 24,1945 during the Second World War; and WHEREAS Fred Topham died in 1974 and his widow died in 2001; and WHEREAS the estate put the medal on the market and received an offer of $319,000 from a collector in England; and WHEREAS the estate has agreed to sell the medal to the 1st Canadian Parachute Battalion Association if it can raise $275,000 by December 31, 2004; and WHEREAS the 1st Canadian Parachute Battalion Association plans to donate the medal to the Canadian War Museum that now holds 26 of the 94 Victoria Crosses awarded to Canadians; NOW THEREFORE the Council of the Corporation of the Town of Ajax hereby authorizes a grant in the amount of $1,000.00 to be made to the 1st Canadian Parachute Battalion Museum Trust for the sole purpose of acquiring the Fred Topham Victoria Cross." . . . Council Minutes COMMUNICATIONS 1-28 C10.MO - 11 - December 13, 2004 Association of Municipalities of Ontario, advising that at a meeting held on November 26, 2004, their Board of Directors passed the following resolution regarding Community Reinvestment Fund (CRF) Reconciliation: 'WHEREAS on December 19, 2003, Finance Minister Greg Sorbara and Municipal Affairs and Housing Minister John Gerretsen wrote to Heads of Council regarding the Community Reinvestment Fund (CRF) providing information about 2004 allocations and signaling potential constraint for 2005; and WHEREAS subsequently, on December 22, 2003, their Deputy Ministers signed a joint letter to municipal Treasurers providing additional details and stating, that the government "cannot commit in advance to a Fall reconciliation" (for the 2003 CRF); and WHEREAS current provincial/municipal cost sharing arrangements and service responsibilities have undermined the financial sustainability of Ontario's municipalities; and WHEREAS requirements for municipalities to subsidize provincial income redistribution and provincial health care programs have contributed to Ontario's property tax payers paying the highest property taxes in Canada; and WHEREAS the Community Reinvestment Fund (CRF) was established in 1998 to partially mitigate the negative effects of the government's Local Services Realignment (LSR) initiative; and WHEREAS 403 municipalities receiving the CRF have not yet been informed whether or not there will be a reconciliation of CRF funding for the year 2003 in 2004; and WHEREAS municipalities are finalizing their budgets for the year 2005; and . . . Council Minutes COMMUNICATIONS 1- 29 C10.MO - 12- December 13, 2004 WHEREAS the government of Ontario is committed to building strong communities; THEREFORE BE IT RESOLVED THAT the Minister of Finance be requested to work with AMO to undertake a thorough review of provincial-municipal cost sharing and service responsibility arrangements in 2005 with a view to addressing the fundamental problems of the current provincial-municipal LSR-based system; and FURTHER BE IT RESOLVED THAT CRF funding should be provided at 2004 levels for 2005 with reconciliation at the end of 2005; and FURTHER THAT AMO write to the Minister of Finance requesting confirmation that the there will be a reconciliation of the 2003 CRF before the end of 2004 and that 2004 CRF funding be reconciled in Fall 2005. Kimberley Kitteringham, Deputy City Clerk, City of Oshawa, advising P.M. Madill, Regional Clerk, Regional Municipality of Durham, that at a meeting held on December 9, 2004, their Council passed the following resolution regarding the Business Case Analysis for the Potential Transfer of Lower-Tire Municipal Transit Services to the Regional Municipality of Durham: "a) That the City of Oshawa prefers that the cost of Transit be paid for by allocating 15% of the total net operating costs in an equal and general levy across all municipalities and that the remaining 85% of costs be apportioned in a special levy to the Regional taxpayers of each municipality in accordance with their percentage of the overall service provided by the Transit Operations. b) That the funding of transit operations, at the request of the current operating authorities be assumed by the Region of Durham on January I, 2005, and be apportioned through a special levy to the Regional taxpayers of each participating municipality to pay for services managed and operated by the local authority. . . . Council Minutes COMMUNICATIONS 1-6 E05.GR - 13 - December 13, 2004 c) That any unfunded liabilities be assumed by the Region of Durham as a condition of the transfer to Regional Operations. d) That the "Cumming Principal", as defined in the Regional report, apply to all properties surplus to Regional Transit needs. e) That the Region maintain in the existing level of Provincial (GO) funding to the local municipalities for 2005 to ensure the viability of the existing local transit operations until the transfer to the Region. f) That the City appoint the Mayor, the Chair of the Oshawa Transit Commission, the City Manager, and the General Manager of the Oshawa Transit Commission to be its negotiating team in discussions with representatives of the Region regarding transfer of transit to the Region of Durham." W. Donald Cousens, Mayor, Town of Markham, inviting the Municipality of Clarington to join forces in kicking off the Mayors' Green Building Challenge - an environmental initiative aimed at developing exceptional, high performance and sustainable municipal facilities; building on the success of the Mayors' Megawatt Challenge. The challenge will be coordinated through The Living City program of Toronto and Region Conservation Authority. Resolution #C-601-04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item I - 6 be referred to the Director of Operations. "CARRIED" . . . Council Minutes COMMUNICATIONS 1-20 E05.GE - 14- December 13, 2004 Luc Bourdon, Director General, Rail Safety, addressing a request submitted by the Municipal Clerk in regards to the speed of trains. Mr. Bourdon advises that the Canadian Transport Commission Order No. R-31780 Section 3, dated January 23,1981, states: "If a train transporting any commodity regulated under the Red Book: a) passes through a centre or population containing 500 or more people in proximity to the track, and b) the track through such centre of population does not have hot box and dragging equipment detectors installed at least every 20 miles, the train shall not exceed twenty-five miles per hour while passing through the centre of population." The CN Kingston Subdivision has hot box and dragging equipment detectors at mile 278.5 and 290.5 between Port Hope and Oshawa. The freight train speed varies from 40 to 60 miles per hour and passenger train speed varies from 90 - 95 miles per hour. The CP Belleville Subdivision has hot box and dragging equipment detectors at mile 147 and 164.5 between Port Hope and Oshawa. The freight train speed varies from 45 - 60 miles per hour and the passenger train speed is 60 miles per hour. Since hot box detectors have been installed on both CN and CP tracks in accordance with Order No. R-31789, speed restrictions are not requ ired. Resolution #C-602-04 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 20 be referred to the Municipal Clerk. "CARRIED" . . . Council Minutes COMMUNICATIONS 0-1 D19.GE 0-2 F11.GE 0-3 M02.GE - 15 - December 13, 2004 Resolution #C-603-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Correspondence Items be approved as per the agenda, including the handout item, with the exception of Items 0 - 4 to 0- 7, inclusive. "CARRIED" John Greenfield, Bowmanville Branch 178, Royal Canadian Legion, stating the following concerns with the street signs named for veterans of a World War: - street sign is erected by the developer and though named for a veteran the poppy is left off the sign. - families of war veterans are pleased with the recognition of their veterans, but when some signs are not correct, it is hard to explain why this happens in the same community. Mr. Greenfield thanks Bob Russell, Planning Services Department, for his assistance in this program. (Correspondence referred to the Director of Planning Services) Shari Rowan, Treasurer, Tyrone Community Centre, requesting an interest-free loan in the amount of $2,000.00 to be repaid by December 31,2005. The funds will be used to expand "Tyrone Spirit Day". (Correspondence referred to the Director of Finance/Treasurer) Rhonda Barkley, Liaison, Ontario Family Fishing Weekend Steering Committee, requesting the weekend of Friday, July 8 through Sunday, July 10, 2005 be proclaimed "Ontario Family Fishing Weekend". The Province of Ontario has proclaimed this weekend a licence-free fishing weekend, in conjunction with National Fishing Week which includes fish festivals, clinics, or conservation and educational activities. (Proclaimed) . . . Council Minutes COMMUNICATIONS 0-4 C06.MU 0-7 0-5 C10.MO - 16- December 13, 2004 Jane Rowe, Clarington Museums & Archives Board, submitting her resignation from the Clarington Museums and Archives Board due to moving from the Municipality of Clarington. Although she has enjoyed the past year on the Board, she has relocated and is no longer a resident of the Municipality of Clarington. Resolution #C-604-04 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Municipal Clerk forward a letter to Ms. Rowe to thank and congratulate her for her participation on the Clarington Museum and Archives Board. "CARRIED" Confidential personnel matter. Resolution #C-605-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item 0 - 7 be referred to the end of the agenda to be considered during a "closed" session. "CARRIED" J.D. Leach, City Clerk, City of Vaughan, advising that at a meeting held on November 22,2004, their Council passed the following resolution regarding the Ontario Health Premium: "WHEREAS the provincial government introduced the Ontario Health Premium ("OHP") effective July 1, 2004 WHEREAS the Premier and the Minister of Finance have openly expressed their view that the provincial government did not intend that employers would be required to pay the OHP on behalf of employees WHEREAS the City of Vaughan may be financially impacted by an interpretation in the legislation resulting in employers being responsible for the cost. . . . Council Minutes COMMUNICATIONS 0-6 C10.MO - 17 - December 13, 2004 NOW THEREFORE, the Council of the City of Vaughan hereby request that the provincial government take the necessary steps to enact an amendment to the legislation which clarifies the position of the government that the introduction of the Ontario Health Premium is intended as an increase to individual provincial income tax And that a copy of this resolution be forwarded to Premier Dalton McGuinty, Minister of Finance Greg Sorbara, local Provincial Members of Parliament and municipalities over 50,000. Resolution #C-606-04 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the resolution of the City of Vaughan regarding the Ontario Health Premium be endorsed by the Municipality of Clarington. "CARRIED" Bruce Taylor, City Clerk, City of Pickering, advising that at a meeting held on November 15, 2004, their Council passed the following resolution regarding the Agreement for Annex 2001: "WHEREAS the Council of Great Lakes Governors, a body that is comprised of the Premiers of Ontario and Quebec and the Governors of New York, Pennsylvania, Ohio, Indiana, Michigan, Illinois, Wisconsin and Minnesota, have as their Mission Statement that through the Council, Governors work collectively to ensure that the entire Great Lakes region is both economically sound and environmentally conscious in addressing today's problems and tomorrow's challenges; and WHEREAS the Council of Great Lakes Governors has produced a draft report entitles "Agreement for Annex 2001" which has the goal of protecting and restoring the Great Lakes; and WHEREAS many experts, including environmentalists, Native Leaders and elected people who believe that this Agreement will not protect the Great Lakes; and . . . Council Minutes COMMUNICATIONS - 18- December 13, 2004 WHEREAS there has been a significant decrease in water levels that have impacted on commercial and recreational boat traffic and the ecological system of the Great Lakes which impacts on the lives of 40 million people; and WHEREAS any diversion of water from the Great lakes basin will have a continued negative effect on the Great Lakes; and WHEREAS the Agreement for Annex 2001 is structured so that the power to make decisions over water withdrawals to the United States will lie with the Governors of the States only and not with the inclusion of the Premiers of the two Provinces; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby resolves that: 1. The Prime Minister of Canada and the Premier of Ontario be requested to advocate that diversion of Great Lakes' waters not be allowed under the Agreement for Annex 2001 2. That the Council of Great Lakes Governors be requested to strengthen the Agreement for Annex 2001 on the ability to divert any water from the Great Lakes. 3. The present provision which allows the American States to overrule the Provinces of Ontario and Quebec be rejected and that a consensus of all parties on the Council of Great Lakes Governors be required before any water is allowed to be diverted. AND FURTHER THAT copies of this resolution be forwarded to: . The Honourable Stephane Dion, Federal Minister of the Environment . The Honourable Ruben John Efford, Federal Minister of Natural Resources . The Honourable Geoff Regan, Federal Minister of Fisheries and Oceans . The Honourable Leona Dombrowsky, Provincial Minister of the Environment . Council Minutes - 19- December 13, 2004 COMMUNICATIONS . The Honourable David Ramsey, Provincial Minister of Natural Resources . Mark Holland, MP, Ajax-Pickering . Dan McTeague, MP, Pickering-Scarborough East . Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge International Joint Commission . Mayor Mike Bradley, City of Sarnia . Ontario lakeshore municipalities . Association of Municipalities of Ontario" Resolution #C-607 -04 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution of the City of Pickering regarding the Agreement for Annex 2001 be endorsed by the Municipality of Clarington. "CARRIED" . NOTICE OF MOTION REPORTS Report #1 Resolution #C-60B-04 G.PA Report Moved by Councillor Schell, seconded by Councillor Robinson December 6, 2004 THAT the General Purpose and Administration Committee Report of December 6, 2004, be approved with the exception of Item #2(c) and Item #26. "CARRIED" Item #2(c) Resolution #C-609-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Item #2(c) of Report #1 be referred to the end of the agenda to be considered at a "closed" session. "CARRIED" . . . . Council Minutes REPORTS Item #26 - 20- December 13, 2004 Resoultion #C-61 0-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report PSD-138-04 be lifted from the table; THAT Report PSD-138-04 and Addendum to Report PSD-138-04 be received; THAT the application for proposed Draft Plan of Subdivision 18T-89048, as amended and submitted by Sernas Associates on behalf of Veltri and Son Limited (Newtonville Estates) be approved and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD-138-04; THAT the application to amend Zoning By-law 84-63, be approved and that the amending by-law, as per Attachment 3 to the Addendum to PSD-138-04 be forwarded to Council for approval; THAT a by-law to remove the "Holding (H)" symbol be forwarded to Council at such time that all the conditions for the related plan of subdivision have been fulfilled; THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington and at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering Services and Planning Services; THAT a copy of this Report and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties and any delegations be advised of Council's decision. "CARRIED" . . . Council Minutes REPORTS Report #2 Corporate Policy A1 Report #3 - 21 - December 13, 2004 Resolution #C-611-04 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report COD-070-04 be received; THAT the Staffing and Recruiting policy, marked Attachment #1 to Report COD-070-04, be adopted; and THAT the by-law attached to Report COD-070-04, marked Attachment #2, be approved. "CARRIED" Resolution #C-612-04 2005 Moved by Councillor Foster, seconded by Councillor MacArthur Accessibilty Plan Report #4 Durham Region Business Case Analysis Transit Service THAT Report CLD-40-04 be received; THAT the 2005 Accessibility Plan attached as Schedule A to Report CLD-40-04 be adopted in accordance with the Ontarians With Disabilities Act; and THAT the Accessibility Advisory Committee be thanked for their ongoing commitment and work. "CARRIED" Resolution #C-613-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Staff Report EGD-60-04 be received; THAT the Municipality supports, in principle, the recommendations outlined in the Durham Region Business Case Analysis for the Potential Transfer of Lower Tier Municipal Transit Services to the Regional Municipality of Durham prepared by Totten Sims Hubicki (October 2004); . . . Council Minutes - 22- December 13, 2004 REPORTS THAT the property tax allocation issue be referred back to the Regional Transit Implementation Committee for a detailed review and a recommended property tax allocation strategy; THAT the recommended strategy for property tax allocation be referred to the local Councils for endorsement; and THAT the Municipality inform the Region of its support for the Business Case Analysis. "CARRIED" Report #5 Resolution #C-614-04 Canada/Ontario Moved by Councillor Pingle, seconded by Councillor Robinson Municipal Funding THAT Report EGD-61-04 be received by Council; THAT the Municipality submit an application for funding to the Canada-Ontario Municipal Rural Infrastructure Fund; THAT the works listed in the Structures Rehabilitation Project contained in Report EGD-61-04 be endorsed as the Municipality's highest priority project and included in the application; THAT this report be forwarded to the Canada-Ontario Municipal Rural Infrastructure Fund Joint Secretariat; THAT the detailed structure inspections required for submission with the Canada-Ontario Municipal Rural Infrastructure Fund application be undertaken immediately; and THAT the Engineering Services Department proceed with the preparation and submission of the Canada-Ontario Rural Infrastructure Fund application, including all supporting documentation. "CARRIED" Report #6 Staff Report PSD-165-04 was withdrawn from the agenda. . . . Council Minutes REPORTS Confidential Reports Report #7 Report #8 Report #9 Report #10 Report #11 - 23 - December 13, 2004 Resolution #C-615-04 Moved by Councillor Schell, seconded by Councillor Foster THAT Confidential Report ADM-1 0-04, Confidential Report ADM-11-04, CLD-41-04, Confidential Report PSD-164-04 and the Confidential Verbal Report of the Solicitor be referred to the end of the agenda to be heard during "closed" session. "CARRIED" UNFINISHED BUSINESS Resolution #C-616-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report PSD-155-04 be received; THAT Amendment No. 39 to the Clarington Official Plan to amend the Port Darlington Secondary Plan as contained in Attachment 2 to Report PSD-155-04 be approved and that the necessary By-law be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-155-04 and Council's decision; and, THAT all interested parties listed for Report PSD-155-04 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-617 -04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the reading of the By-laws be considered following the "closed" session of Council. "CARRIED" . . . Council Minutes - 24- December 13, 2004 UNFINISHED BUSINESS OTHER BUSINESS Resolution #C-618-04 Moved by Councillor Robinson, seconded by Councillor Foster THAT the delegation of Suzanne Elston be referred to the Director of Planning Services. "CARRIED" Resolution #C-619-04 Moved by Councillor Schell, seconded by Councillor Ping Ie THAT Martin Vroe and Ruben Plaza, St. Marys Cement- Bowmanville Plant and David Ritchie, Detox, be thanked for their presentations. "CARRIED" Resolution #C-620-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Dave Werheid be appointed to the Newcastle Arena Board for a term concurrent with the term of Council. "CARRIED" Mayor Mutton announced that the Longworth Road and Bridge construction has been completed to the first stage and will be ready to be used by the public commencing early on Wednesday, December 15, 2004. Councillor Pingle stated that the travelling exhibit on Egypt - Gift to the Nile at the Clarington Museums and Archives is graciously being sponsored by Ontario Power Generation in the amount of $1,200.00. . . . " Council Minutes OTHER BUSINESS BY-LAWS - 25 - December 13, 2004 Resolution #C-621-04 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the meeting be "closed" to consider personnel and property matters. "CARRIED" Resolution #C-622-04 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" meeting be ratified. "CARRIED" Resolution #C-623-04 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2004-248 to 2004-265 inclusive, and that the said by-laws be now read a first and second time: 2004-248 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Applicant: Veltri and Son Ltd.) 2004-249 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Applicant: Doug Farrow) 2004-250 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Applicant: Aspen Springs Limited) 2004-251 being a by-law to authorize the execution of the New Memorandum of Understanding between the Corporation of the Municipality of Clarington and the Valleys 2000 (Bowmanville) Inc. . . . . Council Minutes BY-LAWS 2004-252 2004-253 2004-254 2004-255 2004-256 2004-257 2004-258 2004-259 2004-260 - 26- December 13, 2004 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Mu nicipality of Clarington (Applicant: 1419345 Ontario Ltd.) being a by-law to provide for Civil Marriage Services to be Offered by the Municipality of Clarington being a by-law to licence, regulate and govern taxi and limousine business in the Municipality of Clarington and to repeal By-law 74-72 and its amendments being a by-law to authorize the execution of a contract between the Corporation of the Municipality of Clarington and the Region of Durham for the provision of services under an agreement for Single Stream Remuneration for Regional Council duties, for the Mayor and Members of Regional Council being a by-law to authorize the execution of a contract between the Corporation of the Municipality of Clarington and the Monteith Brown Planning Consultants Ltd., London, Ontario, to enter into an agreement for the Outdoor Recreation Facilities Study being a by-law to recognize and adopt as policy for the Municipality of Clarington Corporate Policy A 1, Staffing and Recruiting, and to adhere to its conditions and precepts as set out when hiring employees for the Municipality being a by-law to adopt Amendment No. 39 to the Clarington Official Plan being a by-law to amend By-law 2001-125, a by-law to appoint Department Heads being a by-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington . . . . ., Council Minutes BY-LAWS 2004-261 2004-262 2004-263 2004-264 2004-265 - 27- December 13, 2004 being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Howard John Edmondson and Patricia Ann Edmondson, in respect to the purchase of part of 120 Baseline Road, Bowmanville being a by-law to authorize the execution of a Collective Agreement between the corporation of the Municipality of Clarington and the Canadian Union of Public Employees, Local 74 for a three (3) year term being a by-law to amend By-law 2003-179, respecting the annual allowances paid to the Mayor and Members of Council being a by-law to amend By-law 2004-032, respecting severance remuneration for the Mayor and Member of Council being a by-law to authorize the execution of minutes of settlement between Arthur Robinson, 1587212 Ontario Inc. and the Municipality of Clarington to resolve certain legal issues arising out of the tax sale of 173 Baseline Road, Bowmanville "CARRIED" Resolution #C-624-04 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the third and final reading of By-laws 2004-248 to 2004-265 inclusive, be approved. "CARRIED" . . . ~" " Council Minutes - 28 - December 13, 2004 CONFIRMING BY-LAW . ADJOURNMENT . Resolution #C-625-04 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2004-266 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 13th day of December 2004, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-626-04 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the third and final reading of By-law 2004-266 be approved. "CARRIED" Resolution #C-627-04 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the meeting adjourn at 9:51 p.m. "CARRIED" .' r /( ~'{ IJt-- i MAYOR ,