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HomeMy WebLinkAbout09/25/2006 Council Meeting Minutes September 25, 2006 Minutes of a regular meeting of Council held on September 25,2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: 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 Director of Community Services, J. Caruana Manager of Communications and Marketing, J. Cooke (attended until 7:20 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Fire Chief, G. Weir Administrative Assistant to the Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-383-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on September 11, 2006, be approved. "CARRIED" Council Meeting Minutes - 2 - September 25, 2006 Mayor Mutton advised that Ontario Power Generation (OPG) has begun the approval process for a New Nuclear Build and that the Municipality of Clarington has been chosen as the preferred site. He thanked Members of Council and staff for their efforts in this regard. PRESENTATIONS Mayor Mutton presented Gordon Barrie with the 2006 Senior of the Year Award. Mr. Barrie's achievements include the following: . Chairperson of Congregational Council, Trinity United Church - 1981-1982 . Durham County Milk Committee . Director Achievement Long-Term Service Award, United Cooperatives of Ontario . Ontario Federation of Agriculture . Agricultural Service Diploma Durham Central Agricultural Society . Recognition of 21 Years dedicated service as Director of Durham Farms' County Co-op . Durham East Soil & Crop Improvement Association - 1987 to 2000 . Director, Durham County Seniors Complex . Chairman of Abandoned Cemeteries Board - 1974 to Present . Town of Newcastle (Municipality of Clarington) Committee of Adjustment- 1986 to 1994 Suzanne McCrimmon, Clarington Board of Trade, addressed Council stating 2007 will be an exciting year for the Municipality and as Business Development Manager she looks forward to the opportunities and challenges to be undertaken in the coming year. Ms. McCrimmon advised that in June 2006, she presented an Economic Development Activity update to Council and was here this evening to present an overview of the Economic Development Plan, to draw attention to specific projects for 2007, and to highlight the goals and objectives of existing and new initiatives and projects. Suzanne McCrimmon outlined the goals and objectives of the following plans and projects: . Clarington's Green Business Community Initiative . Economic Development Website . Marketing of the Clarington Energy Park and Hepburn Science Park . Clarington's 'existing' Business Inventory . Directory of Commercial and Industrial Lands Council Meeting Minutes - 3 - September 25, 2006 Paula Jesty, Deloitte & Touche LLP, provided a brief overview of the audit process and conclusions regarding the consolidated financial statements of the Corporation of the Municipality of Clarington as at December 31,2005. She noted financial statements are the responsibility of the Municipality's management and it is the responsibility of the auditor to express an opinion on the statements based on their audit. Paula Jesty noted the audit was conducted in accordance with generally accepted auditing standards and advised it was the opinion of Deloitte & Touche that the financial statements present fairly the financial position of the Municipality as at December 31,2005, in accordance with these principles. DELEGATIONS Resolution #C-384-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the agenda be altered to add Steve Lawrence to the list of delegations. "CARRIED" George A. Daniels, Fund Development Coordinator, The Canadian Red Cross Society, addressed Council requesting financial assistance for the Red Cross Disaster Management Program. He provided a brief overview of disaster management including issues, deliverables and objectives noting the Society partners with the Emergency Management Office, the Department of Social Services, Police and Fire Departments to respond, as required, to emergencies or disasters within the communities it serves. George Daniels stated the Society was undertaking an expansion to increase the volunteer base to serve the Durham Region to 140 trained responders by 2008. He noted the cost to recruit, train, maintain and deploy a responder was approximately $1 ,000 per volunteer. Mr. Daniels stated in July 2006, funding from the United Way of Oshawa/Brock/Whitby/Clarington/Scugog was terminated resulting in a $75,000 loss in support. He urged Council to provide financial support to the Durham Branch of the Canadian Red Cross to enable the Society to continue to meet the needs of the community. In response to a question concerning the termination of United Way Funding, Mr. Daniels replied that the Society no longer fits the funding priorities of the United Way. Council Meeting Minutes - 4 - September 25, 2006 James Tosswill addressed Council concerning Report PSD-097-06 (Item 3 of Report #1) regarding his application to rezone property at 7254 Langstaff Road to permit the keeping of horses. Through use of a power point presentation, Mr. Tosswill responded to ccncerns raised at the September 18th General Purpose and Administration meeting regarding the increase in flies, manure management, housing, water and feed for his horses, contamination of local well water and inadequate fencing. He also submitted the findings of an investigation conducted by the Ontario Society for the Prevention of Cruelty to Animals (SPCA) indicating there were no grounds for any type of action or order concerning his horses. Mr. Tosswill summarized his presentation by stating his application conforms to Provincial policy and the Regional Official Plan and urged Council to support it. Dr. Kellie Gilson, Millbrook Equine Clinic, addressed Council concerning Report PSD-097 -06 (Item 3 of Report #1) stating the Clinic has provided veterinary services to the Tosswill horses for more than five years and the horses have always been well cared for. She stated there are currently seven horses on the property, they are being supplemented with additional feed, they have adequate water supply and she has no concerns with the keeping of the horses on the property. In response to a question, Dr. Gilson replied that the SPCA recommends that horses have protection for inclement weather and she was of the opinion that they be provided with shelter for the winter months. Dennis Wilson was called but was not present. Richard Ward addressed Council concerning Election Campaign Contributions, specifically corporate sponsorship, as set out in the Municipal Elections Act. He stated he has difficulty interpreting what constitutes a violation with respect to shareholder ownership and felt the issue required clarification. Resolution #C-385-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the agenda be altered to hear Steve Lawrence prior to hearing the delegation of Wanda Joyce. "CARRIED" Council Meeting Minutes - 5 - September 25, 2006 Steve Lawrence and Heather Pereira, The Running Maniacs, addressed Council concerning the Running Maniacs, a group of individuals based out of the Newcastle Fire Hall, who get together to train for individual goals. Steve Lawrence stated the group is a not-for-profit organization that has grown from its inception of 2 members to more than 100 members who are dedicated to getting people in the community to become more active and to encourage individuals of all ages to achieve their level of success. Mr. Lawrence reminded Council of the upcoming Fall5km and 10km Run taking place on October 7th as part of the Newcastle Sesquicentennial celebration and in conjunction with the Lion's Walk for Guide Dogs event. He encouraged members of the community to take part and requested Council to support the event with a financial contribution. Steve Lawrence presented Mayor Mutton with a Sesquicentennial Medal. In response to a question concerning expenses, Steve Lawrence stated the group depends on community support to offset expenses. Wanda Joyce was called but was not present. COMMUNICATIONS Resolution #C-386-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the communications to be received for information be approved as per the agenda, with the exception of Correspondence Items I - 5 and I - 6. "CARRIED" I - 1 Minutes of the Tyrone Community Centre Board dated June 8, 2006. I - 2 Minutes of the Clarington Museums and Archives Board dated July 5, 2006. I - 3 Minutes of the Clarington Highway 407 Community Advisory Committee dated September 6, 2006. I - 4 Minutes of the Kawartha Conservation dated July 26, 2006. I - 7 Lorraine Chiasson, Regulatory Coordinator, Enbridge Gas Distribution Inc., forwarding copies of the Notice of Application to the Ontario Energy Board for rates for 2007. Council Meeting Minutes - 6 - September 25, 2006 I - 8 Durham Family YMCA advising they are accepting nominations for the 2006 Peace Medallion Award, an award to recognize individuals who have demonstrated a commitment to peace through personal contribution; forwarding eligibility and selection criteria, and requesting nominations be submitted by October 6, 2006. The award is to acknowledge time and effort contributed on a 'voluntary' basis. Self-nominations or YMCA staff will not be considered. I - 5 Harold Hammond thanking Mayor Mutton for responding to the petition from residents of Waverley Road expressing concern with the speed and volume of traffic on Waverley Road, and providing contact information should a meeting be required to address the issue. Resolution #C-387 -06 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT Correspondence Item I - 5 be received for information. "CARRIED" I - 6 Residents of Flett Street thanking Council for the new sidewalks on Flett Street and expressing appreciation to the contractors for the superb job done. Resolution #C-388-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Item I - 6 be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-389-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 5 to D -16, inclusive. "CARRIED" Council Meeting Minutes - 7 - September 25, 2006 D -1 Michael Lynch, Advanced Arrangements Officer, Canadian Health Measures Survey, Physical Health Measures Division, Statistics Canada informing Council that they will be conducting the Canadian Health Measures Survey (CHMS) in the Municipality of Clarington, beginning in early 2007 to collect information about the general health and lifestyle characteristics of approximately 5,000 Canadians. They would like to install trailers at the Garnet B. Rickard Recreation Complex for this purpose. Discussions of the logistics have taken place with the Community Services Department. A letter of agreement will be forthcoming for the use of the space by the Canadian Health Measures Survey. (Correspondence referred to the Director of Community Services to finalize details) D - 2 Don Johnston, President, Canada World Youth, acknowledging the partnership the organization has enjoyed with the Municipality in taking part in Canada World Youth programs and hosting young participants over the years, advising of the Organization's 35th Anniversary on October 19, 2006, and requesting October 15 to 21, 2006 be proclaimed as "Canada World Youth Week". (Proclaimed) D - 3 Michael A. Losee, Lions Club of Bowmanville requesting permission to occupy the bridge on King Street West for their Annual Rubber Duck Derby Race scheduled for Saturday, June 16, 2007. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Allan Hewitt, Chair, Clarington Public Library Board advising the Canadian Library Association (CLA) has designated October as Canadian Library Month in an effort to raise public awareness of the valuable role libraries play in the lives of Canadians and requesting October be proclaimed as "Canadian Library Month" in Clarington. (Proclaimed) D - 5 Bruce A. Rutherford, Clarington Central Secondary School advising of their first Annual Terry Fox Run/Walk to be held on September 28, 2006, from 8:30 a.m. until 11 :30 a.m., forwarding a copy of the proposed route, insurance policy and road occupancy permit application and requesting Council's support in processing the application for this special community event. Council Meeting Minutes - 8 - September 25, 2006 Resolution #C-390-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the request from the Clarington Central Secondary School concerning their first Annual Terry Fox Run/Walk be approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department. "CARRIED" D - 6 Mayor Harold Grier, Township of Leeds and the Thousand Islands, advising Council that the Township of Leeds and the Thousand Islands, at a meeting held May 29, 2006, passed the following resolution: "WHEREAS the recommendations included in Watertight Report will create an additional infrastructure, which is not needed and that will be financed by water and wastewater users; AND WHEREAS the recommendations included in Watertight Report may cause water users in one municipality to finance water systems in another municipality; AND WHEREAS the recommendations of the Watertight Report will take away municipal control over water and wastewater; AND WHEREAS the model recommended in the Watertight Report will lead to conflicts between municipalities competing for development as the corporation's agenda for system improvements may be different from that of the various municipalities; AND WHEREAS the model recommended in the Watertight Report will reduce MOE's role in the delivery of safe drinking water; AND WHEREAS water and wastewater servicing is the most costly of all urban infrastructure combined and control of it must remain with the elected officials answerable to the public; NOW THEREFORE the Council of the Township of Leeds and the Thousand Islands requests that the Provincial Government not implement the recommendation of the Watertight Report to create an Ontario Water Board or transfer jurisdiction of water and wastewater to Regional Municipalities. Council Meeting Minutes -9- September 25, 2006 AND FURTHERMORE THAT the following resolution be forwarded to the Honorable David Caplan, Minister of Public Infrastructure Renewal and to all Ontario municipalities for their support." Resolution #C-391-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the resolution from the Township of Leeds and the Thousand Islands concerning the Watertight Report be endorsed. "CARRIED" D - 7 The Corporation of the Municipality of Brockton advising Council that the Corporation of the Municipality of Brockton, at a meeting held May 8, 2006, passed the following resolution: "WHEREAS the Conservative government has identified child care as one of the nation's top five priorities; AND WHEREAS Statistics Canada reports that 54 percent of children aged 6 months to 5 years are currently in some form of care, and parents throughout our nation have recognized the need for governments to address the need to strengthen child care and create viable new models for service delivery; AND WHEREAS a recent YWCA Canada survey conducted in Halifax, Vancouver, Martensville, Sask., and Cambridge ON, states that Canadian families, irrespective of where they live or the size of their communities, want their child-care needs met by a nationally funded public system and not a federal cash payout; AND WHEREAS there appears to be growing public consternation especially in rural areas over the Conservative government's decision to discontinue the Best Start program aimed at supporting children in their early development and improving school readiness through the improvement of existing limited resources; NOW THEREFORE BE IT RESOLVED THAT the government listen to the voices of concerned the Child Care Action Committee, Canadian parents, daycare providers, opposition members, and municipal authorities and thereby replace or reinforce this new taxable $1200 supplement with immediate and stable financing for new and existing 'quality' daycare facilities. Council Meeting Minutes - 10- September 25, 2006 AND FURTHER THAT this resolution be forwarded to Diane Finlay, Minister of Social Development and Jim Flaherty, Minister of Finance. AND FURTHER THAT this resolution be forwarded to all municipalities in Ontario and the Association of Municipalities of Ontario for their support." Resolution #C-392-06 Moved by Councillor Trim, seconded by Councillor Pingle THAT the resolution from the Municipality of Brockton concerning Funding for Child Care be received for information. "CARRIED" D - 8 J. D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan, at a meeting held June 26, 2006, passed the following resolution: "Whereas the last update of the Development Charges Act 1997 was nine (9) years ago; Whereas the current Development Charges Act does not permit the collection of development charges to fund growth related capital costs for the following services which were previously eligible under the old Act; . Hospitals; . Headquarters for municipal administration; . Computer equipment; . Cultural facilities such as museums, theatres and art galleries; and Waste management services. Whereas the current Development Charges Act requires a mandatory 10% reduction in the charge for growth related 'soft services' such as community centres, libraries and parks; Whereas the requirement in the current Development Charges Act to collect based on the average service level over the previous 10 years is too restrictive and creates practical calculation and implementation issues; Whereas the current Development Charges Act doesn't adequately provide for solutions to meet the challenges of growth that evolve over time (Le. Transportation through subways and forms of higher order transit); Council Meeting Minutes - 11 - September 25, 2006 Whereas the Province indicated to the Municipal Finance Officers' Association of Ontario (MFOA) in August 2005 that a review of the Development Charges Act would begin in the near future; and Whereas the growth related capital costs are significant, growth continues to occur and growth should pay for growth; NOW THEREFORE BE IT RESOLVED that the Council of the City of Vaughan requests the Province of Ontario to immediately commence a consultative process with the municipal and development sectors to revise the Development Charges Act to address the issues noted above and other concerns that may be raised by the municipal sector; AND THAT this resolution be forwarded to the Honourable Dalton McGuinty, the Premier of Ontario, the Honourable Greg Sorbara, Minister of Finance, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, Mario G. Racco, MPP, Mr. Dan Cowin, Executive Director of the MFOA and to all municipalities within Ontario with a population greater than 50,000." Resolution #C-393-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the resolution from the City of Vaughan concerning revision of the Development Charges Act, 1997 be endorsed. "CARRIED" D - 9 Martha A. Pettit, Manager of Legislative ServiceslDeputy Clerk, Town of Ajax, advising Council that the Town of Ajax, at a meeting held June 26, 2006, passed the following resolution: "1. That Council request the Sierra Legal Defence Fund to add the Town of Ajax to the list of signatories to the legal petition entitled "Petition under s. 115, United States Clean Air Act, 42 U.S.C. s. 7415(a) to the United States Environmental Protection Agency for relief from certain emissions from large electric generating units in the States of Illinois, Indiana, Pennsylvania, Michigan, Ohio, West Virginia, and Kentucky"; and Council Meeting Minutes - 12- September 25, 2006 2. That a copy of this report be sent to the Sierra Legal Defence Fund, the Federal Minister of the Environment, the Ontario Minister of the Environment, the International Joint Commission, the Great Lakes and St. Lawrence Cities Initiative, the Federation of Canadian Municipalities, the Association of Local Public Health Agencies, the Greater Toronto Air Clean Air Council, the Region of Durham and the area municipalities within Durham Region." Resolution #C-394-06 Moved by Councillor Trim, seconded by Councillor Pingle THAT the resolution from the Town of Ajax concerning the Sierra Legal Defence Fund be received for information. "CARRIED" D - 10 Carolyn Downs, City Clerk, City of Kingston, advising Council that the City of Kingston, at a meeting held July 18, 2006, passed the following resolution: "THAT Council take the appropriate steps to petition the Provincial Government for changes to the regulations under the Liquor License Act to curb the sale of large quantities of alcoholic beverages e.g. beer kegs, to persons other than those licensed to dispense alcohol; and further, THAT staff be directed to distribute this resolution to municipalities in Ontario with a population of more than 50,000 with a request that they pass a similar motion." Resolution #C-395-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the resolution from the City of Kingston concerning changes to regulations under the Liquor License Act be received for information. "CARRIED" D - 11 Carolyn Downs, City Clerk, City of Kingston, advising Council that the City of Kingston, at a meeting held July 18, 2006, passed the following resolution: "THAT Council take the appropriate steps to petition the Provincial Government for changes to the Municipal Act to permit licensing of multi-tenant housing; and further Council Meeting Minutes - 13 - September 25, 2006 THAT staff be directed to distribute this resolution to municipalities in Ontario with a population of more than 50,000 with a request that they pass a similar motion." Resolution #C-396-06 Moved by Councillor Foster, seconded by Councillor Trim THAT the resolution from the City of Kingston concerning changes to the Municipal Act to permit licensing of multi-tenant housing be received for information. "CARRIED" D - 12 Nicky Kunkel, Deputy Clerk, Municipality of Powassan, advising Council that the Municipality of Powassan, at a meeting held August 1,2006, passed the following resolution: 'WHEREAS section 207(1) subsection A of the Criminal Code states notwithstanding any of the provision of this Part relating to gaming and betting, it is lawful for the government of a province, either alone or in conjunction with the government of another province, to conduct and manage a lottery scheme in that province, or in that and that other province, in accordance with any law enacted by the legislature of that province; and WHEREAS the Province of Ontario Order in Council 2688/93 Section 2 s. 1 grants authority to licence to a municipal council; and WHEREAS the Province of Ontario Order in Council 2688/93 Section 2 s. 2 states a municipal council may where it deems it to be in the best interest of the inhabitants of the municipality, issue a licence authorizing an eligible charitable organization to conduct and manage the following types of lottery schemes, if the proceeds from the lottery scheme are used for a charitable or religious object providing a direct benefit to the residents of Ontario; and WHEREAS the Province of Ontario Order in Council 2688/93 Section 11 s. 1 states that in addition to such terms and conditions as may be imposed by the Director or Municipal council, a licence shall be subject to the following terms and conditions, (a) the licensee shall comply with all the terms and provisions set out in the application for licence; Council Meeting Minutes - 14 - September 25, 2006 (b) the gross proceeds from the lottery shall be used for the charitable or religious objects or purposes providing a direct benefit to the residents of Ontario as set out by the licensee in the application for a licence, less the cost of the prizes awarded and such reasonable and necessary expenses actually incurred in the management and conduct of the lottery, and such expenses shall be restricted to those set out in the terms and conditions of the licence; (c) the licensee shall provide to the Director or municipal council and all peace officers, direct and unencumbered access to all books and records of the licensee pertaining to the nature, management, and conduct of the event for which the licence has been granted at any time, including prior to, during or after the conclusion of the event, and shall deliver to the Director or municipal council such books and records upon request; and WHEREAS the Council of the Corporation of the Municipality of Powassan feel, that the current regulations governing lottery schernes are too restrictive and prohibit local groups and organizations from raising much needed funding through lottery schemes to carry out community programs and events; and THEREFORE the Council of the Corporation of the Municipality of Powassan requests a review of the Province of Ontario Order in Council 2688/93 to allow for the following changes; (a) That each individual municipal council within the province of Ontario be responsible for the development of terms and conditions governing the use of proceeds for the lottery schemes held within their respective municipality to allow municipalities and government agencies to receive lottery proceed funds, and (b) That the Association of Municipal Clerks and Treasurers Lottery sub-committee receive a copy of this resolution; and THAT this resolution be circulated to all municipalities within the province of Ontario, MP, and MPP." Council Meeting Minutes - 15- September 25. 2006 Resolution #C-397-06 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the resolution from the Municipality of Powassan concerning current regulations governing lottery schemes be endorsed. "CARRIED" D - 13 Brenda J. Hamilton. CMO. Township Clerk, Loyalist Township advising Council that the Loyalist Township, at a meeting held August 8, 2006. passed the following resolution: "WHEREAS Loyalist Township considers environmental protection paramount; AND WHEREAS there is great public concern over the use of waste derived fuel in cement kilns; AND WHEREAS Loyalist Township supports a level playing field across the Province in assessing applications for using waste derived fuel in cement kilns; NOW THEREFORE BE IT RESOLVED that the Council of The Corporation of Loyalist Township requests the Province of Ontario to pass a regulation placing a moratorium on the burning of waste derived fuel in all cement kilns until such time that a full environmental assessment as to suitability of using waste derived fuel in cement kilns has been completed; and. if the Province rejects the moratorium on burning of waste derived fuel in cement kilns, then the application of Lafarge North America, Cement Division, Bath plant shall be assessed under the provisions of the Environmental Protection Act, with a public hearing; AND FURTHER that a copy of this resolution be forwarded to all municipalities in the Province of Ontario. Premier Dalton McGuinty. Leona Dombrowsky. MPP Hastings. Frontenac Lennox & Addington and Laurel C. Broten, Minister of Environment." Council Meeting Minutes - 16- September 25, 2006 Resolution #C-398-06 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution from Loyalist Township concerning placing a moratorium on the burning of waste derived fuel in all cement kilns be received for information. "CARRIED" D - 14 Mayor Ralph Kreutzwiser, Municipality of South Bruce, advising of the formation of the "Fair Funding for Small Communities of Ontario" group, a group of Mayors, Councillors and senior staff from several municipalities whose aim is to make the upper tier level of government aware that current programs do not address the infrastructure needs of small centres and to work to secure sustainable long term infrastructure funding for water and waste water projects in small communities and requesting adoption of the following motion: 'WHEREAS the infrastructure funding available through the COMRIF program has been insufficient to meet the needs in Ontario; and, WHEREAS the population cap within COMRIF of 250,000 persons includes three of the largest twenty-two municipalities in Canada and does not reflect rural communities in Ontario, and; WHEREAS rural communities should reflect rural values and contain less than 10,000 population or 150 persons per square kilometre; and, WHEREAS rural communities cannot afford one-third contribution let alone the entire cost of large scale water and waste water infrastructure projects; and, WHEREAS funding of infrastructure projects used to be based on a municipality's ability to pay and their population; and WHEREAS the advocacy group "Fair Funding for Small Communities of Ontario" is comprised of concerned municipalities representing small communities in Ontario; and, WHEREAS the aim of this group is to secure sustainable long term funding for water and waste-water infrastructure projects in small communities across Ontario; and WHEREAS this group recognizes that a rural municipality may have several communities within its corporate boundaries; and, Council Meeting Minutes - 17 - September 25, 2006 WHEREAS Provincially mandated amalgamations consolidated smaller communities into municipalities with a substantial population; THEREFORE, the Corporation of the Municipality of South Bruce supports the efforts of the advocacy group "Fair Funding for Small Communities in Ontario" in their work to secure sustainable long term infrastructure funding for water and waste water projects in small communities, and humbly petitions both the Provincial and Federal governments to create special funding in perpetuity to recognize this shortfall." Resolution #C-399-06 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the resolution from the Municipality of South Bruce concerning fair funding for small communities in Ontario be endorsed. "CARRIED" D - 15 Arlene Cox, Clerk Administrator, Corporation of the Township of Carlow/Mayo advising Council that the Council of the Township of Carlow/Mayo, at a meeting held June 6, 2006, passed the following resolution: "WHEREAS the Province regulates licensing of all vehicles operating on roadways; AND WHEREAS the municipality feels that all municipalities in Ontario should be exempt from plating their owned vehicles due to the cost of maintaining the roadways within their boundaries; AND WHEREAS the Province regulates that coloured diesel fuel must not be used in any licensed vehicles, only off-road vehicles; AND WHEREAS the municipality feels due to the variance in the price per litre between diesel fuel and coloured diesel fuel it warrants consideration by the Province of Ontario to permit the use of coloured diesel fuel in all municipally owned vehicles; THEREFORE BE IT RESOLVED that the Council of the Township of Carlow/Mayo requests the Province of Ontario to permit all vehicles owned by municipalities in Ontario to operate without license plates and be allowed to use coloured diesel fuel in all vehicles not just off- road vehicles; Council Meeting Minutes - 18- September 25, 2006 AND FURTHER THAT this resolution be forwarded to the Premier of the Province of Ontario, the Minister of the Ministry of Transportation, the M.P.P. for Hastings-Frontenac, Lennox & Addington, Leona Dombrowsky and the Association of Municipalities of Ontario for circulation to all municipalities in Ontario." Resolution #C-400-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Township of Carlow/Mayo concerning the requirement to license and operate municipally-owned vehicles be endorsed. "CARRIED" D - 16 Shawn Boggs, Clerk-Treasurer, Township of McKellar, advising Council that the Council of the Township of McKellar, at a meeting held September 5, 2006, passed the following resolution: 'WHEREAS on August 6,2006 at 3: 12 a.m. the Township of McKellar Fire Department was dispatched to the scene of a structural fire; AND WHEREAS the McKellar Fire Dispatch was immediately directed to contact Hydro One Networks for a disconnect; AND WHEREAS Fire Dispatch was put on hold by Hydro One for eighty seven (87) minutes; AND WHEREAS this lack of direct communication with Hydro One put the personal safety of the Firefighters at the scene in jeopardy; AND WHEREAS at no point did Hydro One attend the scene; NOW THEREFORE BE IT RESOLVED that the Council of the Township of McKellar request Hydro One Networks to immediately implement an improved system of communicating with emergency service providers by placing a higher priority on Emergency Service calls; AND THAT a copy of this resolution be circulated to the Honourable Dwight Duncan, Minister of Energy, Tom Parkinson, President, Hydro One Networks and all Ontario municipalities." Council Meeting Minutes - 19 - September 25, 2006 Resolution #C-401-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the resolution from the Township of McKellar concerning emergency response by Hydro One Networks be endorsed. "CARRIED" MOTION REPORTS Report #1 - General Purpose and Administration Committee Report- September 18, 2006 Resolution #C-402-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of September 18, 2006 be approved. "CARRIED" Report #2 - Report CSD-12-06 - Grant Request - The Volunteer Resource Centre for Durham Region Resolution #C-403-06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report CSD-12-06 be received; THAT $1,000 be provided to The Volunteer Resource Centre for Durham Region, under the Municipal Grant Program; and THAT the applicant be advised of Council's decision. "CARRIED" Council Meeting Minutes - 20- September 25, 2006 Report #3 - Report COD-055-06 - Letter of Understanding, the Radiation Protection Service of the Ontario Ministry of Labour Resolution #C-404-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report COD-055-06 be received; THAT the letter of understanding with The Radiation Protection Service of The Ontario Ministry of Labour be approved, and THAT the By-law attached to Report COD-055-06 as Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Report #4 - Report COD-056-06 - CL-2006-44, Newcastle Recreation Facility Resolution #C-405-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Report COD-056-06 be received; THAT Aquicon Construction Company Ltd., Brampton, Ontario with a total revised bid in the amount of $15,065,884.00 (Excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2006-44, be awarded the contract for the Newcastle Recreation Facility as required by the Community Services Department; THAT the Newcastle Recreation Facility total budget be approved at $17,155,000.00 including consulting, utility connections, equipment/furnishings, project contingency and disbursements; THAT Council express its intent to fund this project including debenture repayments and financing to the extent allowable from future development charges; THAT the Director of Finance/Treasurer be authorized to make application to the Region of Durham for a debenture in the amount of $17,155,000.00 plus debenture costs to finance the total cost of the Newcastle Recreation Facility; and THAT the By-law attached to Report COD-056-06 as Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Council Meeting Minutes - 21 - September 25, 2006 Report #5 - Report FND-015-06 - Municipal Performance Measures Program - 2005 Resolution #C-406-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report FND-015-06 be received for information. "CARRIED" Report #6 - Report FND-016-06 - 2005 Audited Financial Statements Resolution #C-407-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Report FND-016-06 be received; THAT Deloitle & Touche be thanked for their presentation; and THAT the 2005 Audited Financial Statements be approved. "CARRIED" Report #7 - Report ADM-04-06 - Clarington Board of Trade - Agreement Resolution #C-408-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report ADM-04-06 be received for information; THAT the Board of Trade's request to extend the current agreement to end on December 31,2007 be approved; THAT the Clarington Board of Trade be advised of Council's decision. "CARRIED" Wanda Joyce was called and was now present. Council Meeting Minutes - 22- September 25, 2006 Resolution #C-409-06 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to consider Report #8 - Report CLD-020-06- Confidential Personnel Matter and to receive a confidential delegation. "CARRIED" The meeting resumed in open session at 8:18 p.m. Resolution #C-41 0-06 Moved by Councillor Pingle, seconded by Councillor Foster THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Report #9 - Consulting Engineering Services and Reconstruction of Baseline Road West-Widening And Traffic Signals Report EGD-48-06 was received as a handout. Resolution #C-411-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Report EGD-48-06 be received; THAT the Municipality enter into an agreement for the provision of engineering services, satisfactory to the Director of Engineering Services, with D.G. Biddle & Associates for the contract administration and inspection of the Baseline Road West re-construction and Baseline Road/Spry Avenue traffic signal installation; THAT Purchasing By-law 2006-127 Section 15.14 be waived for this project; THAT the Municipality enter into a contract with Ron Robinson Limited for the construction of the road re-construction works subject to the approval of Director of Engineering Services of a satisfactory price; THAT Purchasing By-Law 2006-127 Section 15.07 be waived for this project; and Council Meeting Minutes - 23- September 25, 2006 THAT the installation of traffic signals at the intersection of Baseline Road West and Spry Avenue be added to the 2006 Capital Budget with an estimated cost of $200,000 (including design, installation, contract administration and inspection) to be financed through the Roads and Related Development Charges Reserve Fund. "CARRIED" UNFINISHED BUSINESS Resolution #C-412-06 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT $1,000 be provided to the Canadian Red Cross Society - Durham Region and that $1 ,000 be provided to the Running Maniacs, under the Municipal Grant Program; and THAT the applicants be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-413-06 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the foregoing Resolution #C-412-06 be amended by replacing the $1,000 amount provided to the Canadian Red Cross Society with the amount of $4,300." "CARRIED" The foregoing Resolution #C-412-06 was then put to a vote and CARRIED AS AMENDED. Resolution #C-414-06 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Richard Ward be received. "CARRIED" Council Meeting Minutes - 24- September 25, 2006 OTHER BUSINESS Resolution #C-415-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Rules to Procedure be waived to allow for the introduction of New Business at this time. "CARRIED" NEW BUSINESS Resolution #C-416-06 Moved by Councillor Schell, seconded by Councillor Foster WHEREAS the Municipality of Clarington supports efforts to improve the environment for its citizens and society as a whole; and WHEREAS the Municipality of Clarington is experiencing difficulty with the spread of weeds that are not designated as noxious weeds in accordance with the Weed Control Act; and WHEREAS the Municipality is unable to effect the destruction of these weeds without proper legislation to do so: NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON THAT the Minister of Agriculture and Food be requested to add Common Reed (Phragmites australis), Swallow-wort, also known as Dog-Strangling Vine (Vincetoxicum rossicum, Cynanchum rossicum) and Garlic Mustard (Alliaria petiolata) to the list of noxious weeds included in the Weed Control Act; and THAT this resolution be forwarded to Bev Oda, MP, John O'Toole, MPP and the area municipalities within the Regional Municipality of Durham for endorsement. "CARRIED" Resolution #C-417 -06 Moved by Councillor Schell, seconded by Councillor Trim WHEREAS the term of the existing Veridian promissory notes mature in November 2006 and their renewal is a Shareholder decision requiring Council approval; Council Meeting Minutes - 25- September 25, 2006 WHEREAS the renewal interest rate is at the existing advantageous rate of 7.6% representing a positive investment for Clarington residents as Shareholders; WHEREAS the renewal term is consistent with the prior renewal term; WHEREAS the Ontario Energy Board's Affiliate Relationship Code requires that the business of the affiliated company, Veridian Connections Inc. be referenced separately; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington hereby authorize the execution of the appropriate By-law to effect the renewal of the original Veridian promissory notes for a 3 year term maturing November 1, 2009, at an interest rate of 7.6% with appropriate references to Veridian Connections Inc., Veridian Energy Inc. and Veridian Corporation; and THAT Veridian Corporation be advised of Council's decision. "CARRIED" Resolution #C-418-06 Moved by Councillor Trim, seconded by Councillor Pingle THAT, in order to allow sufficient safe crossing time for residents of Strathaven Lifecare Centre and members of the general public, the Region of Durham be requested to increase the pedestrian signal countdown currently set at 20 seconds to 25 seconds; and this time increase be applied to the traffic lights at King Street and Simpson Avenue as well as at King Street and the Bowmanville Mall entrance/exit. "MOTION CARRIED ON THE FOllOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniarv Interest Councillor Foster oJ Councillor MacArthur oJ Councillor Pinqle oJ Councillor Robinson oJ Councillor Schell oJ Councillor Trim oJ Mavor Mutton oJ Councillor Robinson requested an update on the traffic study conducted on the intersection of Edward Street East and Glass Court as the result of potential traffic increases since the introduction of Tim Horton's. The Director of Engineering Services was requested to investigate and report back. Council Meeting Minutes - 26- September 25, 2006 BY-LAWS Resolution #C-419-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-180 to 2006-193, inclusive, and that the said by-laws be now read a first and second time: "CARRIED" 2006-180 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Bob Hendrickson Construction Limited, Port Perry, Ontario, to enter into agreement for the COMRIF Structures - Contract 2, Replacement of the Vannest Road Bridge, Rehabilitation of Colwill Bridge and Concession Road 8 Bridge 2006-181 Being a by-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington 2006-182 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Highmark Homes) 2006-183 Being a by-law to exempt a certain portion of Registered Plan 40M-2316 from Part Lot Control (2044356 Ontario Limited) 2006-184 Being a by-law to declare the lands more particularly described as 3289 Trulls Road, Part Lot 30, Concession 3, former Township of Darlington, to be surplus 2006-185 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd., Gormley, Ontario, to enter into agreement for the Port of Newcastle Waterfront Trail 2006-186 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Miller Paving Limited, Whitby, Ontario, to enter into agreement for the Asphalt Resurfacing, Various Streets, Contract 2 Council Meeting Minutes - 27- September 25, 2006 2006-187 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Access Construction, Strathaven Lifecare and 280 King Street East Driveway Improvements, Bowmanville, Ontario 2006-188 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and The Radiation Protection Service of the Ontario Ministry of Labour, to enter into an agreement for an air monitoring site 2006-189 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Aquicon Construction Company Ltd., Brampton, Ontario, to enter into an agreement for the Newcastle Recreation Facility 2006-190 Being a by-law to authorize the debenturing of $17,155,000 to assist in the construction of Newcastle Recreation Facility located at Con 1 pt Lot 31 Plan DR302420 Part 1 in the Municipality of Clarington 2006-191 Being a by-law to approve and authorize the execution of a note amending agreement made as of the 1 st day of October, 2006 in respect of promissory notes dated September 28, 2001 issued by Veridian Corporation and Veridian Connections Inc. in favour of The Corporation of the Town of Ajax, The Corporation of the City of Belleville, The Corporation of the Municipality of Clarington and The Corporation of the City of Pickering, and to approve the issue of seconded amended and restated promissory notes dated as of the 1 st day of October, 2006 2006-192 Being a by-law to Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Ltd., to enter into an agreement for the construction of Baseline Rd. W., road works including road widening and associated works. 2006-193 Being a by-law to authorize a oontract between the Corporation of the Municipality of Clarington and D. G. Biddle & Associates, to enter into an agreement for the provision of engineering services for the inspection and contract administration for the Baseline Rd. W., widening and traffic signal installation project Council Meeting Minutes - 28- September 25, 2006 Resolution #C-420-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-180 to 2006-193, inclusive, be approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-421-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-194 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 25th day of September, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-422-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-194 be approved. "CARRIED" ADJOURNMENT Resolution #C-423-06 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 8:35 p.m. "CARRIED" MA~