Loading...
HomeMy WebLinkAbout04/07/2008 ~1~iJJ.gron DATE: MONDAY, APRIL 7, 2008 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held March 25, 2008 PRESENTATIONS a) Jim Richards - Ontario Medal for Good Citizenship b) Roger Anderson, Chair, Regional Municipality of Durham - Annual Address c) Kevin Anyan, Co-Chair, Bowmanville Sesquicentennial Committee - Update on the Bowmanville 150th Celebrations DELEGATIONS (List as of time of Publication) a) Colin McLachlan, Baysong Developments Inc. - Zoning By-Law Amendment and Draft Plan of Subdivision to Permit the Development of 1300 Residential Units (Correspondence Item D - 14) COMMUNICATIONS Receive for Information I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated February 21,2008 I - 2 Minutes of the Clarington Compost Facility Community Relations Committee dated October 25, 2007 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - April 7, 2008 I - 3 Minutes of the Clarington Museums and Archives Board dated March 19, 2008 1-4 Minutes of the Central Lake Ontario Conservation Authority dated March 18, 2008 I - 5 Gerry Johnston and Mike Patrick, Co-Chairs, Clarington Physician Recruitment - Physician Recruitment Update I - 6 Wayne Robbins, Senior Vice President, Darlington Nuclear - Ontario Power Generation's Power Reactor Licence 1-7 Barrie and Lisa Collins and Colleen Knight - Energy-From-Waste I - 8 Sheila White, Executive Assistant to Hamilton Centre M.P.P. Andrea Horwath - State of Municipal Finances 1-9 The Honourable Stockwell Day, P.C., M.P., Minister of Public Safety- Provincial Disaster Assistance Program I - 10 Louise Elborn, Auxiliary Unit Inspector and Eva Reti, Inspector, Auxiliary Unit Liaison, Durham Regional Police Service - 2007 Annual Report of the Durham Regional Police Service Auxiliary I - 11 Jacquie Mcinnes, Director, Nuclear Public Affairs, Ontario Power Generation (OPG) - Tritium Studies I - 12 Rob Macisaac, Chair, Metrolinx - Regional Transportation Plan (RTP) and Investment Strategy for the Greater Toronto and Hamilton Area I - 13 Gord Steeves, President, Federation of Canadian Municipalities (FCM) - Green Municipal Fund (GMF) I - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham - New Regional Tree By-law I - 15 Doug Allingham, Consultant Project Manager, TSH, and Dan Remollino, MTO Project Manager, Ministry of Transportation - 407 East Environmental Assessment Newsletter 1-16 P. M. Madill, Regional Clerk, Regional Municipality of Durham - Greater Toronto Transportation Authority (Metrolinx) Regional Transportation Plan Council Agenda - 3 - April 7, 2008 Receive for Direction 0-1 0-2 0-3 0-4 0-5 0-6 0-7 0-8 0-9 0-10 0- 11 0-12 0-13 0-14 Jack Oegema, Kinsmen Club of Bowmanville - Request to Hang Bowmanville Homeshow Banner Paul Chung and David Edney - Request for New Skateboard Park Walter Stapleton - Petition for the Safety of the Residents of Orono Bob Waite, Senior Vice-President, Corporate Social Responsibility, Canada Post - 2008 Canada Post Community Literacy Award M. de Rond, Director, Legislative & Information Services/Town Clerk, Town of Ajax - Acceptance of Durham Region Approved Disabled Riders M. Aileen Carroll, Minister Responsible for Seniors - 2008 Senior of the Year Awards Hazel McCallion, Mayor, City of Mississauga - Sale of Birds and Animals in a Flea Market and Farmers Market Hazel McCallion, Mayor, City of Mississauga - Retail Business Holidavs Act James and Cathrine McKeever - Durham and York Energy-From- Waste Facility Tom Barrie, Chair, Agricultural Advisory Committee of Clarington - Clarification of Green Energy Sources Within the Assessment Act The Honourable David Caplan, Minister of Public Infrastructure Renewal - Municipal Infrastructure Investment Initiative Louis Bertrand - Earth Hour Michael Melling, Davies Howe Partners - Applications to Amend the Clarington Official Plan and Zoning By-law for Increase in Outdoor Storage for an Industrial Use Colin McLachlan, Director of Development, Baysong Developments Inc. - Zoning By-Law Amendment and Draft Plan of Subdivision to Permit the Development of 1300 Residential Units Council Agenda - 4 - April 7, 2008 COMMITTEE REPORT 1. General Purpose and Administration Committee Report of March 31,2008 STAFF REPORT 1. Report COD-019-08 - CL2008-7 - Newcastle Branch Library BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT Clggton Council Meeting Minutes MARCH 25, 2008 Minutes of a regular meeting of Council held on March 25, 2008, at 7:00 p.m., in the Council Chambers. Councillor Foster led the meeting in prayer. ROLL CALL Present Were: Absent: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Councillor R. Hooper Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella, attended until 8:16 p.m. Director of Community Services, J. Caruana, attended until 8:16 p.m. Director of Planning Services, D. Crame, attended until 9:32 p.m. Solicitor, D. Hefferan Director of Corporate Services and Human Resources, M. Marano, attended until 8:16 p.m. Roads Supervisor, L. Postill, attended until 8:16 p.m. Director of Finance/Treasurer, N. Taylor, attended until 8:16 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 8:16 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 8:16 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. ANNOUNCEMENTS Councillor Novak advised she attended the Canadian Nuclear Association's 2008 Convention - "Going the Distance - Nuclear Energy in the New Age" on February 27 to 29,2008. She noted the conference was very informative and appreciated the opportunity to sit in on a meeting with a host community. Councillor Novak stated April is Home Builders' Month and extended appreciation to the Durham Home Builders' Association. She noted Police Chief Mike Ewles attended a recent meeting and made a presentation on the Special Olympics. Council Meeting Minutes - 2 - March 25, 2008 Councillor Robinson advised he and Mayor Abernethy participated in the Newcastle BIA Easter Bunny Breakfast at the Town Hall in Newcastle on Saturday helping to serve over 700 pancake breakfasts. Mayor Abernethy advised the Rose Volunteers (Rays of Sunshine Everywhere), a group that started a campaign to raise money to pay for coffee for Canadian Armed Forces Troops stationed in Kandahar, have raised $6,000 to date to purchase Tim Horton's gift certificates and expect to reach $10,000 in the near future. He stated this initiative exemplifies the work of volunteerism in the community. MINUTES Resolution #C-128-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on March 3, 2008, be approved. "CARRIED" PRESENTATIONS Mayor Abernethy presented the Veridian Corporation 2008 Dividend cheque in the amount of $142,800.00 to Nancy Taylor, Director of FinancefTreasurer. Mark Canning addressed Council on behalf of the Tyrone Community Centre, stating the Centre has had a long-standing presence in the Tyrone Community supporting community and youth initiatives and fund raising events. Mr. Canning stated key to the Centre's sustainability is the ability to rent the facility. He noted new furniture has recently been purchased and that he is before Council this evening to request a loan in the amount of $7,500 in order to have the centre painted. Mr. Canning stated they have received an attractive quote for the job and were hoping that Council would approve a loan to the Community Centre to have the painting completed. In response to questions, Mr. Canning stated the Centre applied for and received $15,000 in Trillium Funding to purchase the tables and chairs. In response to a further question, Mr. Canning stated the Centre feels confident it would be able to repay the loan to the Municipality within three years. Mr. Canning confirmed that other fundraising events and activities are planned for the Centre this year including a Rib Fest and the Annual Tyrone Spirit Day. Council Meeting Minutes - 3- March 25, 2008 DELEGATIONS Peter Evans, President, Clarington Older Adult Centre Board, addressed Council concerning Item 11 of Report #1 - Report COD-016-08 - Bowmanville Tennis Club Lease Renewal. Mr. Evans stated he is before Council this evening to further clarify the parking issue and to request that the matter be factored into the negotiations regarding a potential new lease for the tennis club. Mr. Evans advised the Municipality has invested significantly in the Centre and the Association has responded by becoming a dynamic and successful facility for Clarington's Older Adults - a win/win situation. Mr. Evans stated the Beech Centre's capacity can accommodate 400 plus visitors at one time but that there are only 59 parking spaces for members, volunteers, instructors, the nursery school, etc. He stated the Centre has experienced very impressive attendance at events and programs resulting in significant parking problems. Mr. Evans noted that due to the lack of available parking, some members were unable to attend the Winter Rose Tea and had to return home instead. He noted as membership continues to grow, the parking situation will worsen. Mr. Evans stated concern with the tennis club lease is one of timing as he feels that an ongoing or lengthy lease will limit engineered options and requested Council to authorize the negotiation of a short-term lease only to cover 2008 at this time in order to allow time to develop options. In response to questions, Mr. Evans confirmed that they do encourage carpooling as much as possible; however, he noted with numbers in excess of 100 for each event and with only 60 parking spots, the space is filled up with current registrations, without regard to increased membership. Mr. Evans also stated that an article regarding the parking situation will be printed in their upcoming newsletter. COMMUNICATIONS Resolution #C-129-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved, with the exception of Items I - 11, I - 13, and I - 15. "CARRIED" I - 1 Minutes of the Clarington Museum and Archives Board dated February 13, 2008. I - 2 Minutes of the Clarington Living Green Community Advisory Committee dated February 26, 2008. I - 3 Minutes of the Central Lake Ontario Conservation Authority dated February 20, 2008. Council Meeting Minutes - 4 - March 25, 2008 I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 19, 2008. I - 5 Minutes of the Newcastle Memorial Arena Management Board dated February 12, 2008. I - 6 Minutes of the Clarington Heritage Committee dated February 19, 2008. 1-7 Linda J. Laliberte, CGA, CAO/Secretary-Treasurer, Ganaraska Region Conservation Authority forwarding a copy of the Authority's 2007 Annual Report and financial statements. I - 8 Correspondence has been received from individuals/groups listed below in opposition to the proposed Energy-From-Waste facility. (Copies of all correspondence are on file in the Municipal Clerk's Department) a) Elisha Gennara b) Julia Potocnik c) Greg and Lisa Rodd d) Kristin D. McKinnon-Rutherford forwarding correspondence from Donna Beck e) Kristin D. McKinnon-Rutherford forwarding copies of Metroland Letters to the Editor from Louis Bertrand, Pat Gostlin and Anne Mitchell, Executive Director, Canadian Institute for Environmental Law and Policy f) Kristin D. McKinnon-Rutherford forwarding her response from Jack Layton, MP, Leader, Canada's New Democrats on the NDP's Tackling of Climate Change g) Russ Aitchison h) Gail Wensink I - 9 Jennifer Allan, Administrative Assistant, City Clerk Services, City of Oshawa, thanking Council for the resolution concerning "Earth Hour" and advising that all Members of Oshawa City Council will be advised of Clarington Council's request for support of "Earth Hour" and that any Member of Council may request to place the correspondence on the Agenda for discussion and consideration. Council Meeting Minutes - 5 - March 25, 2008 1-10 David Caplan, Minister, Ministry of Public Infrastructure Renewal, expressing concerns about the recent Federal decisions that impact the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) in which the Federal Government chose to ignore an agreement in principle between federal, provincial and municipal partners regarding a fourth intake of COMRIF, and decided on its own to allocate its $64 million share of the COMRIF top-up; advising the Province is moving ahead with the Municipal Infrastructure Investment Initiative (Mill) to support construction and renewal of local infrastructure projects with grant announcements to be made by March 31,2008; and, advising the Province will continue to work with the Federal Government on the terms and conditions of the Framework Agreement for the Building Canada Plan that will be transparent, equitable and will address the pressing infrastructure challenges facing Ontario communities. I - 12 Gord Steeves, President, Federation of Canadian Municipalities (FCM) expressing concern with the impact of climate change on local infrastructure and communities and forwarding a copy of "Stepping Up to the Climate Change Challenge: Perspectives on Local Government Leadership, Policy and Practice in Canada" which provides local governments with the opportunity to take advantage of the experiences of other communities that are working for a more sustainable future. I - 14 George S. Graham, AMCT, CMC, Township of Brock, advising Council that on March 3, 2008, the Township of Brock passed the following resolution pertaining to proposed Provincial action to limit phosphorus loading from sewage treatment plants in the Lake Simcoe Basin: "Resolved that Brock Township Council advise the Provincial Ministry of the Environment that there is a concern that the proposed Provincial actions to limit phosphorus loading from sewage treatment plants into Lake Simcoe will place a prohibition on any development in the Municipality and constrain the ability to maintain sustainable communities located in the Greenbelt. THAT copies be forwarded to all municipalities in Durham Region, Durham Region, Opposition Critics and MPP Laurie Scott." Council Meeting Minutes - 6- March 25. 2008 1-16 P. M. Madill, Regional Clerk. Regional Municipality of Durham. advising Council that on March 5,2008, the Region of Durham passed the following resolution pertaining to the Long Term Strategic Property Tax Plan for the Region of Durham: 2008 Update: "a) THAT for the 2008 Mandated Provincial Business Protection Proqram (Cappinq). the options made available to municipalities by the Province in 2005. and implemented by Regional Council in 2005. 2006 and 2007, for the Multi-Residential, Commercial and Industrial property tax classes, as outlined below. be continued: i) The maximum percentage increase or cap in property taxation due to reassessment in any given year be maintained at 10% of the previous year's taxes; ii) A minimum annual threshold increase of 5% of total Current Value Assessment (CV A) property taxation be continued for properties that are provided protection; Hi) The 'billing' threshold be maintained such that any property whose taxation burden under the mandated Provincial Business Protection program is within $250 of its CV A based taxation be required to pay its full CV A level property taxation amount and the clawback percentage be adjusted accordingly; and iv) The preferential tax treatment afforded to New Construction properties under the capping program be fully phased out and New Construction properties be taxed at the full rates in 2008. b) THAT the Minister of Finance be requested to make the following changes to Provincial Legislation/Regulations relating to Current Value Assessment (CVA) Taxation Policy in order to achieve greater fairness and equity in the Property tax and assessment system: i) Provincial Farmland Education Property Tax Rate The Region of Durham once again request that the Province match the municipal tax ratio reductions (20%) on the Farmland property tax class by reducing the Provincial Education Taxation Rate for this property tax class as a means to assist the farming community. Council Meeting Minutes - 7 - March 25, 2008 ii) Reassessment Impact Mitiqation Whereas, the Province has announced its intention to 'phase-in' reassessment increases over the new four-year reassessment cycle; and Whereas, The Municipal Property Assessment Corporation is currently conducing a 2008 reassessment for the 2009 property tax year; and Whereas, the Region of Durham is not necessarily opposed to a comprehensive and fair phase-in program to smooth the impact of reassessment on all properties over the new cycle; and Whereas, the Province has not yet provided details with respect to the implementation of this substantial alteration to the current CVA system; Therefore, it is recommended that the Province undertake a full review of the CV A system currently in Ontario, including the mandated Business Protection Program ('capping'), in consultation with the municipal sector and any recommendations, which are supported by the municipal sector, be implemented prior to the 2009 taxation year when taxpayers will experience the impacts resulting from the scheduled 2008 Municipal Property Assessment Corporation reassessment. Furthermore, . The Province not legislate any changes to the current property taxation policy or assessment regimes until such time that a complete Province-wide property-by-property impact analysis on any proposed changes is completed and the Municipal Sector is both advised of the potential impacts and consulted on implementation and mitigation strategies; . Any proposed changes include a plan to phase-out the current Provincially mandated Business Protection program ('Capping') which results in distorted taxation for the Multi- Residential, Commercial and Industrial property tax classes; and Council Meeting Minutes - 8 - March 25, 2008 . Any proposed changes to the current regimes be done over a reasonable time-frame to ensure that municipalities and taxpayers are both consulted and prepared to implement the changes and mitigation tools in a well-informed and proactive manner. iii) Provincially Mandated Business Protection Proqram . In light of the need to reduce the complexity and confusion of the current Provincial program and to establish fairness and equity with respect to taxation in the non-residential sector, the Province should permanently exclude all properties that reach their full CV A level taxation from all future capping programs (i.e. once removed, a property would no longer be eligible for protection or c1awback resulting from future reassessments). iv) Assessment Appeals . In light of numerous and continuous large property assessment appeals that have and continue to have the potential to negatively impact the Regional assessment base which in turn affects all Regional taxpayers, and in keeping with the Region's responsibilities for setting Region-wide property tax policy, the Province grant upper tier municipalities status in the assessment appeal process, including the following: the right to complain to the Assessment Review Board on individual assessments; the right to be a party at assessment appeal hearings; and the right to be notified of appeals and settlements by MPAC. c) THAT Regional Finance staff investigate, in consultation with the Local Area Municipalities, the creation of common Region-wide programs in the following areas: a. Seniors Low Income Tax Reduction Proqram, with financing from both Upper and Lower tiers and with the objective of defining and recommending a joint program to be implemented in 2009 to coincide with the 2008 reassessment impacts; and b. Region-wide Heritaqe Property Tax Rebate Proqram to determine if a mutually agreeable program can be implemented in the future. Council Meeting Minutes - 9 - March 25, 2008 d) THAT the correspondence received from Martin de Rond. Town of Aiax (SC#99), requesting that the Region of Durham revisit the issue of matching the Town of Ajax's Heritage Property Tax Rebate program be received for information; and e) THAT the requisite by-laws for the 2008 Long Term Strategic Property Tax Plan be prepared by the Regional Solicitor in conjunction with the requisite By-laws for the Region's 2008 Business Plans and Budgets. I - 17 Sally Barrie, Administrator, Community Care Durham, thanking Council for approving their 2008 Municipal Grant Request. I - 18 Roger Anderson, Regional Chair, Regional Municipality of Durham, writing to the Honourable James Flaherty, Minister of Finance extending appreciation for the recent announcement in the 2008 Federal Budget regarding the re-establishment of the commuter rail link between the City of Peterborough and Toronto's Union Station; and, urging the Minister to advance the initiative to accelerate its implementation in view of its benefits to Durham residents and businesses. I - 19 Janice Willett, MD, FRCSC, President, Ontario Medical Association, commending Council for supporting the ban on smoking in cars carrying children which was instrumental in leading to the Premier's recent announcement to support legislation prohibiting the practice; and, thanking Council for their continued commitment to improving the health of Ontarians. I - 20 Allan Hewitt, Library Board Chair, Clarington Public Library expressing appreciation to Council for supporting the library's 2008 capital and operating budget requests which will permit the library to move forward with its plans including the ongoing development of its technological services for library users and the construction of the Newcastle branch. . I - 21 Jim Watson, Minister, Ministry of Municipal Affairs and Housing, advising of the Province's intention to introduce the Investinq in Ontario Act next week that would, if passed, designate a portion of the provincial surplus to municipalities to assist them in investing in key infrastructure projects such as roads, bridges, transit, social housing or other capital priorities; and, advising that the Province is continuing important joint discussions at the Provincial-Municipal Fiscal and Service Delivery review to design a future provincial- municipal relationship that is sustainable for both orders of government. Council Meeting Minutes - 10- March 25, 2008 1-22 Sheila Carson, President, Teachers of English as a Second Language Association of Ontario, thanking Council for proclaiming November 9 to 15, 2008, as English as a Second Language Week and inviting Members of Council to visit their website at www.teslontario.orq for a listing of local events and activities planned for the week. I - 23 Rob Macisaac, Chair, Metrolinx, writing further to his letter of December 2007, in which he advised of the consultation process for the development and promotion of a Regional Transportation Plan (RTP) for an effective transportation system across the metropolitan region of the Greater Toronto and Hamilton Area (GTHA); forwarding copies of the second and third papers in the Green Paper Series: "Mobility Hubs" focusing on making it easier for the public to move from one mode of transportation to another through seamless, convenient connections across the region, and "Active Transportation" discussing people-powered movement as an alternate way in which to get around; requesting copies of the papers be made available to Members of Council, staff and the public; and, advising that white papers to formulate RTP options will be presented in April 2008, followed by a draft RTP to be introduced in June 2008 with the final plan due for Board adoption and release in the fall of 2008. I - 24 The Honourable Dwight Duncan, Minister of Finance and The Honourable Jim Watson, Minister of Municipal Affairs and Housing announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2008 providing $870 million to 393 municipalities in Ontario with an estimated $900 million in reduced costs to municipalities annually by the time it is fully implemented in 2011; advising further details on the 2008 OMPF grant parameters will be provided to Municipal Treasurers shortly and that further information will be posted on the Ministry of Finance website in both english and french at http://www.fin.qov.on.ca/enqlish/budqet/ompf/ or http://www.fin.qov.on.ca/french/budqetlompf/. I - 25 The Honourable Steve Peters, Speaker of the Legislative Assembly of Ontario, advising the Province will be ringing the Legislative bells on Thursday, July 3, 2008, at 11 :00 a.m., in recognition of the 400th Anniversary of Quebec City; and forwarding a registration form for participation in the "Commemorative Bells Project". Council Meeting Minutes - 11 - March 25, 2008 I - 26 Mayor Pat Perkins, Mayor, Town of Whitby, writing to the Honourable James Flaherty, MP, Minister of Finance congratulating the Minister on the Provincial Budget and expressing appreciation for the provision for reinstatement of the northern rail line through Myrtle Station to Peterborough and the combined extension of the 407 to Highway 35/115 which will provide a major economic boost to the 905 and 705 areas east of Toronto and will assist in easing the gridlock, reducing the impact on the road infrastructure and help reduce vehicle emissions. I - 27 Rae Horst, Conservation Authorities Moraine Coalition (CAMC), CAMC Chair 2007, General Manager, Credit Valley Conservation, forwarding CAMC's Accomplishments 2007 brochure summarizing the highlights of various projects undertaken on the moraine in 2007 by CAMC and its partners in support of the conservation and protection of the form, function and linkages of the moraine. I - 28 The Honourable Jim Watson, Minister, Ministry of Municipal Affairs and Housing, advising the Provincial government is committed to fighting climate change and is proud to be participating in "Earth Hour", the global initiative where businesses and households are asked to turn off their lights for one hour on Saturday, March 29, 2008, from 8:00 p.m. until 9:00 p.m.; encouraging participation in the event; and sending a reminder that we can all make small changes in our lives to promote energy conservation. 1-11 Fred and Sandy Archibald, Archibald Orchards and Estate Winery, thanking Council for bringing the "Donald Cooper's Boot Camp" customer service workshop to the community, and for publishing the "Clarington.net" newsletter which provides residents with timely information about events happening in the community. Resolution #C-130-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I - 11 from Fred and Sandy Archibald, Archibald Orchards and Estate Winery, concerning the "Donald Cooper's Boot Camp" customer service workshop and the "Clarington.net" newsletter be received for information. "CARRIED" Council Meeting Minutes - 12 - March 25, 2008 I - 13 Shawn and Angie Lumsden questioning what steps will be taken to ensure the Oshawa/Durham/Ontario air quality will be cleaned up in the future; what Council's position is on the construction of a new incineration plant on Courtice Road; and what initiatives will be undertaken to protect surrounding farmlands and waterways from being contaminated from this additional pollution. Resolution #C-131-08 Moved by Councillor Foster, seconded by Councillor Woo THAT Shawn and Angie Lumsden be advised of Council's resolution of January 28, 2008, in declaring Clarington an "Unwilling Host" Community to the proposed DurhamlYork garbage incinerator. "CARRIED" 1-15 P. M. Madill, Regional Clerk, Regional Municipality of Durham,. advising Council that on March 5, 2008, the Region of Durham passed the following resolution pertaining to the Annual Solid Waste Management Servicing and Financing Study and the Proposed 2008 Business Plans, Budgets and Related Financing Report: "Solid Waste Manaqement 2008 Business Plans and Budqet a) THAT the Joint Works and Finance and Administration Committee recommend the following for inclusion in the recommendations to Regional Council regarding the final 2008 Regional Business Plans Budgets for all Property Tax Purposes: i) The proposed 2008 Regional Solid Waste Management Busine! Plan and Budget, with a net operating expenditure of $30,828,51 as outlined in Attachment #1 to Report # 2008-J-04 and the detailed 2008 Solid Waste Management Bus Plans and Budget be approved; Council Meeting Minutes - 13 - March 25, 2008 ii) The 2008 Regional Capital Expenditures Program for Solid Waste Management in the gross amount of $4,247,500, with related financing from 2008 Regional Solid Waste Management Property Taxes, be approved: Capital 2008 1.$OOOs ) 200 179 2,418 1 .450 4.247; and Facilities E ui ment Ener From Waste Pro"ect Landfill Remediation Program Hi) The requisite by-laws for the 2008 Solid Waste Management Business Plans and Budget and the 2008 Solid Waste Management Property Tax Rates be approved. Reqional Solid Waste ManaQement Fees and Charqes b) THAT the Regional Fees and Charges schedule for Solid Waste Management Operations (Attachment #2 to Report #2008-J-04) for part of the annual Regional listing of Fees and Charges made avail. to the public. Uniform Solid Waste Manaqement Property Tax Rate c) THAT Regional Finance staff prepare a report for the first joint mee of the Finance and Administration and Works Committees in Septel 2008 with respect to the implications of a uniform solid waste management property tax rate for the Region of Durham. Requests for Provincial Action and Funding for Diversion Programs in the Institutional. Commercial and Industrial (IC&I) Sector d) THAT the Region pursue additional funding and action from the Provincial Government to support the following: i) Provision within Provincial funding allocations provided to schools, hospitals, and others of sufficient monies dedicated to support waste reduction and recycling programs, including the over 250 elementary and secondary schools and learning centres, recreational and administrative facilities, and Durham College and UOIT facilities; Council Meeting Minutes - 14 - March 25, 2008 ii) Greater enforcement of existing Institutional, Commercial and Industrial (ICI) regulations on waste reduction and packaging reduction, and additional measures to monitor and enforce wa reduction and reduction of packaging by manufacturers and distributors of goods; and iii) Continuation of programs to expand recycling and reuse progr with industry funding through Waste Diversion Ontario (WOO) including implementation of future funding programs for electn waste, plastic film, household hazardous waste (HHW) and organics diversion. Rescheduling of City of Oshawa and Town of Whitby Monday Holiday Blue Box Collection e) Regional staff be authorized to negotiate with National Waste Servi to amend the existing contract "Article 1.05 - Designated Holidays" through a mutually agreed upon addendum, to add service on designated holidays, synchronize waste collection schedules with tl Town of Whitby and the City of Oshawa, and improve service to residents impacted by the rescheduled collection service (the curre contract cancels recycling collections, and affects a disproportionat number of residents in the Monday collection areas). See Attachme to Report #2008-J-4 for draft proposed 2008 holiday collection schedules. Recvclinq Processinq Efficiencies and Revenue Maximization f) THAT Works and Finance staff be authorized to explore, in part thn negotiations with neighbouring municipalities and the existing MRF operating contractor, the possibility of increasing Regional revenue: through the short-term sale of existing excess processing capacity i Durham Region MRF and report back to Joint Works and Finance Committee and Regional Council on options and financialimplicatic g) THAT Works staff be authorized to initiate and hold discussions wit Liquor Control Board of Ontario (LCBO), Brewers Retail and Metro Municipal Recycling Services Inc., to recover and divert additional L and Beer containers from the Blue Box stream at the MRF, with the of lowering the net cost of mixed broken glass processing and incre recycling revenues; and h) THAT Works and Finance staff be authorized to explore processin~ costs and the potential for an end market opportunity, to expand thE Blue Box materials in 2008, to include spiral wound cans. Council Meeting Minutes - 15 - March 25, 2008 Orqanics Processinq i) THAT Works and Finance staff confirm new source separated organic capacity requirements and, in conjunction with the requirement for new garbage, recycling and organics collection contracts in the Townships of Brock, Scugog and Uxbridge and the Municipality of Clarington (set to commence April 1, 2009) be authorized to issue three simultaneous Requests for Proposals: 1) whereby the collection contract RFP's contain a separate cost provision for the processing of associated collected organics tonnage; and, 2) a short-term organics processing RFP, for up to 2 years, with no 'put-or-pay' provision; and, 3) a long term organics processing RFP, up to 10 years, with ramped-up tonnage increments; and Other j) THAT the Regional Solicitor be authorized to prepare requisite agreements, contracts and By-laws, in consultation with the Commissioners of Works and Finance and the Regional Clerk and Regional Chair be authorized to execute subject by-laws; and k) THAT copies of Report #2008-J-04 of C. Curtis, Commissioner of Works, and R.J. Clapp, Commissioner of Finance, be forwarded to all eight local area municipalities." Resolution #C-132-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item 1-15 from P. Madill, Regional Clerk, Regional Municipality of Durham, concerning the Annual Solid Waste Management Servicing and Financing Study and the Proposed 2008 Business Plans, Budgets and Related Financing Report be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-133-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 11 to D - 22, inclusive. "CARRIED" Council Meeting Minutes - 16 - March 25, 2008 D - 1 Paul Pressick advising of a situation where a school mini bus parked in his neighbourhood routinely idles for 20 to 30 minutes prior to the driver leaving on her route and requesting Council to consider imposing a limit of ten minutes on vehicle idling and to impose a ban on parking of school buses in residential areas in response to his concerns and to address health issues and the impact on the environment. (Correspondence referred to the Municipal Clerk) D - 2 Durham Region Labour Council advising that National Day of Mourning is officially recognized as April 28th each year in recognition of working people who have died at the workplace, or suffered injuries on the job; and, requesting Council to proclaim Monday, April 28, 2008, as "Day of Mourning" and that the flags be lowered on Municipal Buildings in honour and remembrance of those killed at the workplace. (Proclaimed and the request to lower flags on Municipal Buildings approved) D - 3 Shelley Burns, ND, Chair, Board of Directors, Ontario Association of Naturopathic Doctors (OAND) requesting Council to proclaim May 4 to May 11,2008, as "Naturopathic Medicine Week", to assist in raising the profile of the naturopathic profession in promoting health and healing using natural therapies. (Proclaimed) D - 4 Paul Siemon, Hands In Motion, Massage Therapy and Sports Injury Clinic requesting permission to stage the 2008 Terry Fox Run on Sunday, September 14, 2008; advising the five and ten kilometer routes, and insurance and police coverage will not differ from 2007; and that the only road closure will be Liberty Street South of Memorial Park to Baseline Road and Baseline Road at Liberty Street East until Lambs Road and from there until Highway #2. An application for road occupancy for special events will be submitledin the near future. (Approved, provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) Council Meeting Minutes - 17 - March 25, 2008 D - 5 Michael Chan, Minister, Ministry of Citizenship and Immigration, advising nomination forms and information outlining details of the selection process for the Lincoln M. Alexander Award 2008, an annual award to recognize young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination, are available on the Ministry's website at www.citizenship.qov.on.ca/enqlish/honours/. The deadline for submission is May 31,2008. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 6 Garth Gilpin, Secretary-Treasurer, Historic Downtown Bowmanville Business Centre, thanking Council for their ongoing support concerning parking issues in the downtown; advising that when the meters were replaced during the downtown revitalization, the new meters did not include the message that parking was free on Saturday and Sunday; suggesting that if and when this message is put on the new meters that the printing be larger than in the past; and requesting that Council consider bagging the parking meters in the BIA for last week each month to allow for free parking so that local businesses can remain competitive with the big box stores who have an abundance of free parking. (Correspondence referred to the Municipal Clerk) D - 7 Garth Gilpin, Secretary-Treasurer, Historic Downtown Bowmanville Business Centre, requesting that Council pass a temporary by-law prohibiting the sign projected onto the wall at the west end of the downtown as it is not in keeping with the unique heritage design of the downtown as recognized in the CAUSE Study. (Correspondence referred to the Director of Planning Services) D - 8 Dave Sebben, Kinsmen Club of Bowmanville, requestin'g permission to place lawn signs at strategic points throughout the community to advertise the 20th Annual Home Show and Carnival at the Garnet Rickard Recreation Centre to be held on April 18, 19 and 20, 2008. If approved, the signs would be put up on April 13th and removed on April 20, 2008. (Request to install lawn signs from April 13 to 20, 2008, approved) Council Meeting Minutes - 18- March 25, 2008 D - 9 Mad River Institute for Political Studies expressing concern with the vote-by-mail system used by municipalities to conduct municipal elections due to the potential for fraud; advising it is their position that mail-in ballots do not permit a sufficient level of security to assure individual voters that their ballots cannot be tampered with as there is a loss of secrecy regarding voter intention and there is no guarantee the person to whom the ballot is mailed is the same person casting the vote; and requesting Council to reconsider its use of vote-by-mail to conduct municipal elections. (Correspondence referred to the Municipal Clerk) D - 10 Steve Shanks and Murray Walton, Lions Club of Courtice, requesting permission to host a Lions Foundation of Canada Purina Walk for Guide Dogs on Sunday, June 1, 2008 from 9:00 a.m. starting and ending at Holy Trinity Catholic School, 2260 Courtice Road; outlining the proposed 4.5 km route; and advising the Lions Club will provide an insurance certificate for $2 million liability coverage. The walk is anticipated to take 1 hour and the route offers sidewalk access for the 40 walkers and 10 volunteers. (Approved, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 11 Cyndi Di Pietro, CURE Foundation, a national foundation providing funding for basic and clinical research of breast cancer, inviting the municipality to be a part of "National Denim Day" on Tuesday, May 13, 2008, by permiting employees to wear denim and receive CURE's "pink flower" ribbon in exchange for a suggested $5 donation to the CURE Foundation. Resolution #C-134-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the request from Cyndi Di Pietro, CURE Foundation inviting the municipality to be a part of "National Denim Day" on Tuesday, May 13, 2008, be endorsed. "CARRIED" Council Meeting Minutes - 19 - March 25, 2008 D - 12 Jim Richards requesting a written response as to why Mayor Abernethy and Regional Councillors Novak and Trim did not uphold the official position of the Municipality of Clarington at the Regional Council meeting of January 23, 2008, concerning Council's resolution to request the final site selection for a proposed Energy-From-Waste Facility be delayed, suggesting that the Mayor has failed to represent the public and to consider the well-being and interests of the municipality by showing a lack of wisdom and leadership; and, that Mayor Abernethy and Councillors Trim and Novak are in conflict with the intent of sections of the Municipal Act. Mr. Richards has requested to be provided with copies of the sections of the Municipal Act Mayor Abernethy was relying on in defense of his position at Regional Council. Resolution #C-135-08 Moved by "councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 12 from Jim Richards with respect to Council's Rules and Procedures be received for information. "CARRIED" D - 13 Shelly van Empel, Corporation of the Town of Milton, advising Council that the Town of Milton passed the following resolution pertaining to security deposits for the rehabilitation of aggregate pits and quarries: 'WHEREAS in 1997-1998 the security deposits that were to guarantee rehabilitation of aggregate pits and quarries were liquidated; AND WHEREAS the bulk of these funds, $48 million, was handed back to the operators of these pits and quarries; AND WHEREAS this liquidation removed much of the incentive for pits/quarries to be rehabilitated; AND WHEREAS although progressive and final rehabilitation is required by the Aqqreqate Resources Act, only about half of disturbed lands in pits and quarries is being rehabilitated; AND WHEREAS this liquidation was done by The Ontario Aggregate Resources Corporation (TOARC) at the order of the Ministry of Natural Resources; AND WHEREAS that Corporation TOARC is completely owned by the Ontario Stone, Sand and Gravel Association (OSSGA); Council Meeting Minutes - 20- March 25, 2008 AND WHEREAS Ontario Stone, Sand and Gravel Association is registered as a lobbyist with the Integrity Commissioner of Ontario; AND WHEREAS in July 2006, MNR promised to examine in detail, within 2 years, the merits of a rehabilitation incentive system, including the re-introduction of the former rehabilitation security deposit system; BE IT RESOLVED THAT the Council of the Town of Milton recommend the following to the Ontario Minister of Natural Resources with the goal of improving the status of rehabilitation in the Town of Milton and across the Province: (a) A review of the role of security deposits for pit/quarry rehabilitation (b) Re-instatement of those security deposits (c) A review of the role of OSSGA and TOARC in regard to rehabilitation and security deposits toward determining if this role has been in the public good and has been effective for promoting rehabilitation." Resolution #C-136-08 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Town of Milton with respect to security deposits for the rehabilitation of aggregate pits and quarries be endorsed. "CARRIED" D - 14 Pam Gilroy, Regional Clerk, Regional Municipality of Niagara, advising Council that on December 20, 2007, the Regional Municipality of Niagara passed the following resolution pertaining to fair and equitable representation in the House of Commons: 'WHEREAS one of the founding principles of Confederation is the fair and equitable representation in the House of Commons; WHEREAS the formula proposed by the Federal Government in Bill C-22 will add seats to the House of Commons, in an inequitable manner; WHEREAS under the proposed legislation Members of Parliament from Ontario will continue to represent a greater number of constituents than Members of Parliament in other provinces, effectively reducing the representation of Ontarians; Council Meeting Minutes - 21 - March 25, 2008 BE IT RESOLVED THAT the Regional Municipality of Niagara recognizes that despite the Federal Government's efforts to improve the representation of growing provinces in the House of Commons, the proposed formula is unfair to Ontario and calls on the Federal Government to amend Bill C-22 to provide Ontarians with their fair share of seats in the House of Commons while maintaining the constitutionally protected seat guarantees of smaller provinces; BE IT FURTHER RESOLVED that this resolution be forwarded to Prime Minister Stephen Harper, Ontario Premier Dalton McGuinty and all Niagara MPs and MPPs; BE IT FURTHER RESOLVED that is resolution be forwarded to all municipalities in Ontario for their endorsement." Resolution #C-137-08 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Regional Municipality of Niagara with respect to fair and equitable representation in the House of Commons be received for information. "MOTION LOST" Resolution #C-138-07 Moved by Councillor Foster, seconded by Councillor Novak THAT the resolution from the Regional Municipality of Niagara with respect to fair and equitable representation in the House of Commons be endorsed. "CARRIED" D - 15 Brian Fallis, Chair, Ganaraska Region Conservation Authority, advising of the Authority's fund raising efforts in support of the redevelopment of the Ganaraska Forest Centre; advising the Authority is applying for funding through the Ontario Ministry of Agriculture, Food and Rural Affairs, Rural Economic Development (RED) Program; and, requesting municipalities within the Ganaraska watershed, and the Counties of Northumberland and Peterborough to assist with the funding application by writing letters of support endorsing the redevelopment of the Ganaraska Forest Centre. Council Meeting Minutes - 22- March 25, 2008 Resolution #C-139-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the request from the Ganaraska Region Conservation Authority for support of the Ganaraska Forest Centre's funding proposal to the Ontario Power Generation be endorsed. "CARRIED" D - 16 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on March 5, 2008, Regional Council adopted the following resolution pertaining to retirement homes: 'WHEREAS the health and well~belng of residents of retirement homes need to be protected; and WHEREAS from January to March 2007, the Ontario Senior's Secretariat led a public consultation on improving the standards of care in Ontario's retirement homes; and WHEREAS the consultation suggested that the Ontario Government: . Establish mandatory province-wide standards; . Establish a new agency, independent from government, to enforce these standards; . Build on the existing voluntary standards on the Ontario Retirement Communities Association over the past 13 years; and . Provide education and training for all retirement home staff so they can understand and meet the standards, and WHEREAS on September 7,2007, the Minister Responsible for Seniors announced that the Ontario Government intends to establish consumer protection legislation by: . Conducting a survey to determine the level of care and services being purchased by residents of Ontario's> 700 retirement homes; and . Consulting stakeholders on what should be included in a standard, plain-language contract between retirement homes and residents; Council Meeting Minutes - 23- March 25, 2008 NOW THEREFORE BE IT RESOLVED THAT the Ontario Government is urged to make the establishment of consumer protection legislation for residents of retirement homes a top government priority, and thus such legislation is introduced in the Ontario Legislature no later than in 2008; and BE IT FURTHER RESOLVED THAT such legislation requires retirement homes to register with their local boards of health and municipalities so that medical officers of health and municipal officials can ensure that their respective statutory duties (i.e. health protection, fire prevention, etc) can be carried out; and BE IT FURTHER RESOLVED THAT the Premier of Ontario, Ministers Responsible for Seniors, Health and Long-Term Care, and Health Promotion, Municipal Affairs and Housing, Durham's MPPs and municipalities, alPHa, ORCA, AMO, OMSSA, ONPHA, OANHSS and all Ontario boards of health be so advised." Resolution #C-140-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the Regional Municipality of Durham with respect to retirement homes be endorsed. "CARRIED" D -17 Bob Sweet, Mayor, Town of Petawawa, advising Council that on March 3, 2008, the Town of Petawawa passed the following resolution pertaining to support for Canadian Troops: "WHEREAS the Council of the Town of Petawawa supports the efforts of our Canadian Troops; AND WHEREAS support for the Troops is support for the work carried out by the Troops themselves and not necessarily any specific mission; AND WHEREAS the Council of the Town of Petawawa wishes to see a rousing show of public support to the Canadian Troops from municipalities in Ontario; Council Meeting Minutes - 24- March 25, 2008 THEREFORE BE IT RESOLVED THAT the Town of Petawawa is calling upon all municipalities in Ontario to show their support for Canadian Troops by supporting this resolution to recognize the tremendous and exemplary work and efforts carried out by Canadian Troops in all their missions; AND THEREFORE BE IT FURTHER RESOLVED THAT a copy of this resolution be forwarded to all municipalities in Ontario, General Rick Hillier and the Prime Minister of Canada." Resolution #C-141-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution from the Town of Petawawa with respect to support for Canadian Troops be received for information. "MOTION LOST" Resolution #C-142-08 Moved by Councillor Foster, seconded by Councillor Novak THAT the resolution from the Town of Petawawa with respect to support for Canadian Troops be endorsed. "CARRIED" D - 18 Leigh McSwan advising she has been selected to compete in the Miss Universe Canada 2008 pageant this spring in Toronto and requesting Council to consider providing sponsorship support to assist her in participating in this energetic and fun-filled event. If approved, the municipality will be acknowledged on the Beauties of Canada website and in their 2008 magazine. Resolution #C-143-08 Moved by Councillor Trim, seconded by Councillor Woo THAT the request from Leigh McSwan for sponsorship support for the Miss Universe Canada 2008 pageant be referred to the Director of Community Services for preparation of a report addressing whether this application meets the requirements of the Municipal Grant Policy. "CARRIED" Council Meeting Minutes - 25- March 25, 2008 D - 19 Laura Moy, Director Staff Services/Clerk, the Corporation of the Town of Tecumseh advising Council that on February 27,2008, the Town of Tecumseh passed the following resolution pertaining to the Canada- Ontario Municipal Rural Infrastructure Fund (COMRIF) Agreement: 'WHEREAS on November 15, 2004, the Government of Canada and the Ontario Government entered into a five (5) year partnership under the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Agreement committing the Governments to each invest up to $298 million dollars to improve public infrastructure in rural and small urban communities; AND WHEREAS the COMRIF Agreement is an important trilateral partnership for Canada, Ontario and municipalities as it demonstrates that investment in municipal infrastructure is a shared responsibility that creates tangible economic and environmental benefits locally, provincially and nationally; in addition to providing municipalities with the long-term support needed to renew essential infrastructure in their communities; AND WHEREAS COMRIF is a competitive, merit-based program which assesses safe drinking water, wastewater, significant local road and bridge improvements and waste management projects against three (3) criteria; namely, health and safety, public policy priorities, and value for money; AND WHEREAS the COMRIF Program Intake Three closed in September 2006, and was funded in the amount of $46 million from both the Canada and Ontario Governments, however, many of the applications did not receive funding; AND WHEREAS in early 2007, the Canada Government allocated an additional $200 million as a "top-up" of the national Municipal Rural Infrastructure Program (MRIF) program, of which Ontario's share is to be $64 million and is be matched by an additional $64 million from the Province for a total additional funding under the original COMRIF program of $128 million; AND WHEREAS AMO expressed concern in an October 22,2007, Alert for the potential manner through which the $64 million "top-up" funding may be administered in Ontario as there is debate over whether there should be a new COMRIF Intake Four or whether only those applications that did not receive funding under the September 2006 COMRIF Intake Three should be eligible for consideration; Council Meeting Minutes - 26- March 25, 2008 AND WHEREAS since COMRIF Intake Three, there has been a municipal election and new Councils may have different priorities than those expressed in the Third Intake; AND WHEREAS on February 14, 2008, the Canada Government announced: . it would be funding projects from the $200 million MRIF "top-up" funding; . that since the announcement of the additional MRIF funding, in February 2007, it has signed agreements with every province and territory - except Ontario; . it is proceeding to allocate the funding share for Ontario of $64 million under the MRIF "top-up" to unfunded existing applications for municipal water and wastewater infrastructure from the last round of COMRIF Three Intake applications; AND WHEREAS the COMRIF Agreement states that "in order to maximize the resulting infrastructure benefits to Canadian communities, Canada is negotiating with the provinces and territories to develop new joint agreements for the purpose of delivering the $1-billion MRIF and to leverage this investment with provincial, territorial, municipal and non-governmental financial contributions. II NOW THEREFORE BE IT RESOLVED THAT the Council of The Corporation of the Town of Tecumseh request: THAT the Ontario Government and Government of Canada enter into an agreement for the purpose of delivering Ontario's share of the $64 million Municipal Rural Infrastructure Program (MRIF) "top-up" funds announced in February 2007 and committing the Ontario Government to contribute matching funds of $64 million as agreed to under the November 15, 2004, Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) Agreement; AND THAT allocation of funding to Ontario Municipalities be determined in the same equitable manner as COMRIF Intakes One, Two and Three and in accordance with the guidelines and procedures established by the Management Committee appointed to administer and manage the COMRIF Agreement, in a timely manner, and to reflect the joint nature of the COMRIF; AND FURTHER THAT a Joint Secretariat be established to support the Management Committee in the administration of the Agreement, including the timely production and sharing of information about Applicants, Projects, financial cash flows and other information; Council Meeting Minutes - 27- March 25, 2008 AND FURTHERMORE THAT this resolution be forwarded to the Prime Minister, Ontario Premier, Federal and Provincial Ministers of Finance, for action; and to local MP's and MPP's, all local and Ontario municipalities, AMO, FCM, and AMCTO for support." Resolution #C-144-08 Moved by Councillor Foster, seconded by Councillor Robinson THAT the resolution from the Town of Tecumseh with respect to the Canada- Ontario Municipal Rural Infrastructure Fund (COMRIF) Agreement be received for information. "CARRIED" D - 20 Cheri Smith, Committee Member, Bowmanville 150th Anniversary Committee requesting approval to hang 150th Anniversary flags below the Municipality of Clarington flags on the eight flagpoles located throughout Bowmanville from early May until after the events taking place June 28 to July 1, 2008. Resolution #C-145-08 Moved by Councillor Trim, seconded by Councillor Foster THAT the request from Cheri Smith, Committee Member, Bowmanville 150th Anniversary Committee for approval to hang 150th Anniversary flags below the Municipality of Clarington flags on the eight flagpoles located throughout Bowmanville from early May until after the events taking place June 28 to July 1, 2008, be approved. "CARRIED" D - 21 R. A. Fowler, Secretary, Ontario Property and Environmental Rights Alliance (OPERA), summarizing information on the controversial Greenbelt Act, expressing concern that comprehensive information on the Act is not readily accessible; that the Greenbelt Council has recommended municipal applications to expand Greenbelt boundaries, presumably"without prior knowledge or consent of affected landowners; urging officials and residents of municipalities located outside the present boundaries of the Greenbelt to carefully study the legislation; and, expressing concern with the transparency and accountability of the unelected Greenbelt Council. Council Meeting Minutes - 28- March 25, 2008 Resolution #C-146-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D - 21 from R. A. Fowler, Secretary, Ontario Property and Environmental Rights Alliance (OPERA) concerning the Greenbelt Act be received for information. "CARRI ED" D - 22 Libby Racansky expressing concern with the lack of communication between the municipality and affected residents concerning the development in the Hancock neighbourhood, questioning why the developer was not subject to the requirements of the Planning Act, forwarding photographs which appear to indicate that the developer is trespassing on adjacent property and sensitive wetland; and, questioning whether monitoring of the development is being done. Resolution #C-147-08 Moved by Councillor Novak, seconded by Councillor Foster THAT Correspondence Item D - 22 from Libby Racansky be received for information as this matter has been addressed by Engineering staff on inspection and no violations were found from the approvals given. "CARRIED" COMMITTEE REPORT{S) Report #1 - General Purpose and Administration Committee Report March 17, 2008 Resolution #C-148-08 Moved by Councillor Novak, seconded by Councillor Foster THAT the General Purpose and Administration Committee Report of March 17, 2008, be approved. "CARRIED" Council Meeting Minutes - 29- March 25, 2008 STAFF REPORTS 1. Report PSD-030-08 - Official Plan Review Special Meeting of Council Resolution #C-149-08 Moved by Councillor Trim, seconded by Councillor Novak THAT Report PSD-030-08 be received; THAT in accordance with Section 26 (3)(b) of the Planning Act a special meeting of Council be held on May 12, 2008, commencing at 2:00 p.m., with a scheduled recess at 4:00 p.m. and reconvening at 7:00 p.m., to discuss the. revisions that may be required as part of the review of the Clarington Official Plan; and THAT the meeting be advertised in accordancewith.the provisions of the Planning Act for Council to hear submissions from residents on the subject. "CARRIED" 2. Confidential Verbal Report of the Solicitor concerning a Legal Matter Resolution #C-150-08 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report #2 - Confidential Verbal Report of the Solicitor concerning a Legal Matter be referred for consideration following Item 4 of Unfinished Business. "CARRIED" BUSINESS ARISING FROM NOTICE OF MOTION There was no Business Arising from Notice of Motion considered under this section of the Agenda. Council Meeting Minutes - 30- March 25, 2008 UNFINISHED BUSINESS 1. Correspondence Item D - 17 from Mayor Pat Perkins, Town of Whitby - Waste Diversion Challenge Resolution #C-151-08 Moved by Councillor Foster, seconded by Councillor Novak THAT Correspondence Item D - 17 from Mayor Pat Perkins, Town of Whitby - Waste Diversion Challenge, which was tabled at the March 3, 2008, Council Meeting be lifted from the table. "CARRIED" Resolution #C-152-08 Moved by Councillor Trim, seconded by Councillor Novak THAT Correspondence Item D - 17 from Mayor Pat Perkins, Town of Whitby - Waste Diversion Challenge, be received with thanks. "MOTION WITHDRAWN" Resolution #C-153-08 Moved by Councillor Trim, seconded by Councillor Novak THAT the Municipality of Clarington issue a counter-challenge to the Town of Whitby to participate in a friendly waste diversion contest during "PITCH-IN" Week, April 21 to 27,2008. "CARRIED" 2. Report CSD-004-08 - Grant Request - Big Brothers and Sisters of Clarington Resolution #C-154-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report CSD-004-08 be received; THAT the funding request from Big Brothers and Sisters of Clarington under the Municipal Grant Program be approved in the amount of $2,000.00; and THAT Big Brothers and Sisters of Clarington be advised of Council's decision. "CARRIED" Council Meeting Minutes - 31 - March 25, 2008 3. Report CSD-006-08 - Grant Request - Latenite Productions Resolution #C-155-08 Moved by Councillor Woo, seconded by Councillor Trim THAT Resolution #C-120-08 regarding the grant request of Latenite Productions be lifted from the table. "CARRIED" Resolution #C-156-08 Moved by Councillor Woo, seconded by Councillor Novak THAT Report CSD-006-08 be received; THAT the funding request from Latenite Productions under the Municipal Grant Program be approved in the amount of $500.00; and THAT Latenite Productions be advised of Council's decision. "CARRI ED" 4. Confidential Verbal Report of the Solicitor concerning a Property Matter Staff Report #2 - Confidential Verbal Report of the Solicitor concerning a Legal Matter Resolution #C-157 -08 Moved by Councillor Robinson, seconded by Councillor Foster THAT Item 4 of Unfinished Business - Confidential Verbal Report of the Solicitor concerning a Property Matter be lifted from the table and referred to a "closed" session of Council following Other Information; and THAT Staff Report #2 - Confidential Verbal Report of the Solicitor concerning a Legal Matter be referred to a "closed" session of Council following Other Information. "CARRIED" Resolution #C-158-07 Moved by Councillor Robinson, seconded by Councillor Woo WHEREAS the Tyrone Community Centre wishes to improve the rental revenues of its facility by undertaking interior painting and upgrades; Council Meeting Minutes - 32- March 25, 2008 WHEREAS Council is supportive of this initiative to be undertaken under the oversight of the Director of Operations; NOW THEREFORE BE IT RESOLVED that the Tyrone Community Centre be provided an interest free loan of $7,500 to be repaid over three years by March 31, 2011 to fund these works to be financed from the General Capital Reserve. "CARRIED" BY-LAWS Resolution #C-159-08 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce the following By-laws 2008-044 to 2008-046, inclusive: 2008-044 Being a By-law to stop up and close as a public highway portions of road allowance and to authorize the conveyance of Parts 1 & 2 on Registered Plan 40R-25183 and Part 1 on Registered Plan 40R-25082 to Prestonvale Land Corporation 2008-045 Being a By-law to adopt Amendment No. 60 to the Clarington Official Plan 2008-046 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Toronto Dominion Bank THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Councillor Robinson extended appreciation to Mayor Abernethy for bringing the request for $500,000 in funding to permit completion of necessary studies regarding Energy-From-Waste to Regional Council. Council Meeting Minutes - 33- March 25, 2008 Mayor Abernethy highlighted a list of individuals and companies who have indicated their intent to participate in Earth Hour on March 29, 2008, to build awareness about energy conservation. He noted Veridian Corporation will monitor the power outages and do a comparison of energy consumption from the same hour on the previous weekend. Mayor Abernethy noted as many Municipal facilities as possible will be involved. Resolution #C-160-08 Moved by Councillor Robinson, seconded by Councillor Novak THAT the meeting be "closed" to consider Confidential Verbal Reports of the Solicitor concerning Property and Legal Matters. "CARRIED" The meeting resumed in open session at 9:35 p.m. CONFIRMING BY-LAW Resolution #C-161-08 Moved by Councillor Foster, seconded by Councillor Novak THAT leave be granted to introduce By-law 2008-047, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 25th day of March, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-162-08 Moved by Councillor Robinson, seconded by Woo THAT the meeting adjourn at 9:37 p.m. "CARRIED" MAYOR MUNICIPAL CLERK LIST OF DELEGATIONS April 7, 2008 a) Colin McLachlan, Baysong Developments Inc. - Zoning By-Law Amendment and Draft Plan of Subdivision to Permit the Development of 1300 Residential Units (Correspondence Item D - 14) b) Linda Gasser - Correspondence Item D - 9 c) Jim Richards - Correspondence Item D - 9 d) Cathrine McKeever - Correspondence Item D - 9 SUMMARY OF CORRESPONDENCE APRIL 7, 2008 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated February 21, 2008. (Copy attached) I - 2 Minutes of the Clarington Compost Facility Community Relations Committee dated October 25,2007. (Copy attached) I - 3 Minutes of the Clarington Museums and Archives Board dated March 19,2008. (Copy attached) I - 4 Minutes of the Central Lake Ontario Conservation Authority dated March 18, 2008. (Copy attached) I - 5 Gerry Johnston and Mike Patrick, Co-Chairs, Clarington Physician Recruitment, providing an update on physician recruitment initiatives to date, including attendance at the Canadian Association of Staff Physician Recruiters Conference, hosting the Practicing in Clarington "101 "event, and the 2nd Annual Doctor Appreciation Dinner; advising seven doctors have been recruited with two physicians recruited prior to developing the incentive package, three doctors recently opening practices, one physician to commence practicing in the summer of 2008 and one to start in the fall 2009. The correspondence indicates that as of March 2008, Clarington has 44 doctors working in the community but should have a complement of 56, according to the Ministry of Health and Long-Term Care. I - 6 Wayne Robbins, Senior Vice President, Darlington Nuclear, advising that the Canadian Nuclear Safety Commission (CNSC) has renewed Ontario Power Generation's Power Reactor Licence for the period of March 1, 2008 to February 28, 2013; and, thanking Council and staff for their participation and support during the licence hearings. I - 7 Correspondence has been received from individuals listed below in opposition to the proposed Energy-From-Waste facility. (Copies of all correspondence are on file in the Municipal Clerk's Department) a) Barrie and Lisa Collins b) Colleen Knight Summary of Correspondence - 2 - April 7, 2008 I - 8 Sheila White, Executive Assistant to Hamilton Centre M.P.P. Andrea Horwath, forwarding an except from Instant Hansard, the official record of the Ontario Legislature, of a statement delivered in the Ontario Legislature by Andrea Horwath on the state of municipal finances and why Ontario municipalities need a provincial commitment of stable, sustainable, annual funding with respect to downloaded costs they continue to absorb. 1-9 The Honourable Stockwell Day, P.C., M.P., Minister of Public Safety, responding to Council's decision of October 15, 2007, in supporting the Township of Stirling-Rawdon's resolution to request that the governments at the federal and provincial level seek to develop a program that will provide prompt assistance to residents who are dealing with the aftermath and repercussions of a catastrophic natural event; advising that the provision and administration of financial assistance to affected residents, businesses and local governments is the responsibility of each province through its own provincial disaster assistance program; and advising that officials from Public Safety Canada will continue to work with their provincial and territorial counterparts to improve assistance to those affected by natural disasters. 1- 10 Louise Elborn, Auxiliary Unit Inspector and Eva Reti, Inspector, Auxiliary Unit Liaison, Durham Regional Police Service, forwarding a copy of the 2007 Annual Report of the Durham Regional Police Service Auxiliary; advising of the increase in requests for event assistance from the Auxiliary Unit and requesting that the Municipality submit requests for assistance to Inspector Charlie Green as soon as dates are finalized in order to avoid multiple event scheduling conflicts for the Auxiliary Unit; and, requesting to be included in discussions relating to any change in parade routes and event locations. I - 11 Jacquie Mcinnes, Director, Nuclear Public Affairs, Ontario Power Generation (OPG), forwarding a fact sheet on tritium studies in response to questions raised by Council on March 3, 2008, concerning tritium emissions; and, advising that Wayne Robbins, Senior Vice President will further address the issue when he presents OPG's annual update to Council. Summary of Correspondence - 3 - April 7, 2008 I - 12 Rob Macisaac, Chair, Metrolinx, writing further to his letter of March 10, 2008, forwarding the next four papers (Green Paper 4 - Transportation Demand Management, Green Paper 5 - Moving Goods and Delivering Services, Green Paper 6 - Roads and Highways and Green Paper 7 - Transit) in the series of Green Papers released asa first step towards developing a Regional Transportation Plan (RTP) and accompanying Investment Strategy for the Greater Toronto and Hamilton Area; and advising as a companion piece to the RTP, Metrolinx is developing an Investment Strategy and rolling five- year capital plan and will be seeking the advice of staff from all levels of government over the next few months as financial and investment proposals are developed. I - 13 Gord Steeves, President, Federation of Canadian Municipalities (FCM), advising on May 7, 2008, FCM will issue a call for applications for Green Municipal Fund (GMF) financing to retrofit municipal buildings for energy efficiency or to construct new energy-efficient municipal buildings; indicating eligible applicants can request up to $2 million in loans and $300,000 in grants for each project; and, advising application guidelines will be available online at www.sustainablecommunities.fcm.ca or by contacting Nathalie Lapointe, Application Coordinator after May 7,2008. The deadline to submit a full application is June 19, 2008. 1-14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Ms. Doris Krahn, Ministry of Natural Resources advising that on March 26, 2008, Regional Council passed the following resolution pertaining to the new Regional Tree By-law: "a) THAT the New Regional Tree By-law and associated fee schedule, Attachment #1 to Report #2008-P-20, be endorsed and subsequently enacted pursuant to part c); b ) THAT the services of a consulting forester, having qualifications as both a Registered Professional Forester and a By-law Enforcement Officer, be retained on an as-need basis, for an initial period of one year, to administer and enforce the appropriate provisions of the Tree By-law, and that funding for these services be paid for from the funds allocated for professional and consulting services in the Planning Department's approved 2008 budget; Summary of Correspondence - 4 - April 7, 2008 c) THAT upon securing the services of the consulting forester referred to in part b), that both the Regional Tree By-law, and the By-law to appoint the consulting forester as the Regional Tree By-law Enforcement Officer, be brought forward to Council for adoption; d) THAT notice of the passing of the Regional Tree By-law be placed in the local newspapers and on the Regional Website at the appropriate time; e ) THAT the Commissioner of Planning report back to the Planning Committee within one year of the By-law coming into effect, with a status update on how the new Regional Tree By-law is being implemented; and f) THAT a copy of Report #2008-P-20 of the Commissioner of Planning and the proposed Regional Tree By-law, be forwarded to the Area Municipalities, the Conservation Authorities having jurisdiction in the Region, the Durham Environmental Advisory Committee, the Durham Agricultural Advisory Committee, and the Ministry of Natural Resources, for their information." I - 15 Doug Allingham, Consultant Project Manager, TSH, and Dan Remollino, MTO Project Manager, Ministry of Transportation, forwarding the March 2008 issue of the 407 East Environmental Assessment Newsletter, advising of upcoming Community Value Plan (CVP) Workshops planned to allow input from the community to identify, prioritize and develop a plan that will attempt to retain the character, history and culture of the area located along or within close proximity to the Technically Recommended Route; requesting interested parties to contact them by April 15, 2008, to participate in a workshop; outlining the next steps in the preliminary design phase; and, advising that refinements to the TRR and design elements will be shown at the upcoming Public Information Centre #4 scheduled for late spring, 2008. Summary of Correspondence - 5 - April 7, 2008 1-16 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to Rob Macisaac, Chair, Metrolinx, advising that on March 26, 2008, Regional Council passed the following resolution pertaining to the Greater Toronto Transportation Authority (Metrolinx) Regional Transportation Plan: "a) THAT Joint Report #2008-J-9 be submitted as the Region's comments on the discussion papers (Green Papers), prepared by the Greater Toronto Transportation Authority, as input to their development of a Regional Transportation Plan for the Greater Toronto and Hamilton Area; b) THAT the following additional comments be submitted as part of the Region's response: i) Sustainable funding sources such as Development Charges and Provincial Gas Tax are critical to the development, maintenance and enhancement of an active transportation network; ii) The Regional Transportation Plan must address the following: . the leapfrog effect, resulting from the Greenbelt legislation, that is putting pressure on rural roads due to traffic from communities that have to enter the Metrolinx transportation system; and . Impacts of economic development, such as just-in-time delivery trends; iii) The Regional Transportation Plan development process should integrate the findings from the seven Green Papers, rather than dealing with them individually in isolation; c) THAT the Greater Toronto Transportation Authority be requested to actively consult with Durham stakeholders on the draft Regional Transportation Plan through public open houses, town hall meetings, specific meetings with key stakeholders and businesses, focus groups, and/or feedback surveys; and d) THAT a copy of Joint Report #2008-J-9 and the additional comments in part b) be forwarded to the Greater Toronto Transportation Authority and the area municipalities." Summary of Correspondence - 6 - April 7, 2008 CORRESPONDENCE FOR DIRECTION D - 1 Jack Oegema, Kinsmen Club of Bowmanville, requesting permission to have the Bowmanville Homeshow banner hung across Highway 2, west of the railway bridge, from April 14, 2008 to April 21,2008. (Motion to approve installation of banner and to advise Veridian) D - 2 Paul Chung and David Edney requesting a new skateboard park be built in the Soper Creek Park as the skateboard park near the fire station is overcrowded, too steep, and is dangerous for smaller children because of the concrete construction and people on bicycles using the park. (Motion to refer correspondence to the Director of Engineering Services) D - 3 Walter Stapleton, on behalf of Citizens of Orono, forwarding a petition for the safety of the residents of Orono, expressing concern with the lack of sidewalks on a section of Main Street, the speed of drivers entering the village, and the dangerous cliff resulting from the removal of trees on the east side of Main Street near the new building under construction; and, suggesting that the sidewalk from the parkette be continued up Main Street, that gates be placed at all entrances to the community to request drivers to slow down, and that guard rails be installed along the cliff on the east side of Main Street. (Motion to refer correspondence to the Director of Engineering Services) D - 4 Bob Waite, Senior Vice-President, Corporate Social Responsibility, Canada Post, advising of the 2008 Canada Post Community Literacy Award, a national award dedicated to celebrating the achievements of adult learners, along with those who have helped them learn to read and write; and, encouraging Council to celebrate literacy in the community by nominating a deserving individual. The deadline for submission is May 23,2008. (Motion to refer correspondence to the Municipal Clerk to place an ad in the local newspapers) Summary of Correspondence - 7 - April 7, 2008 D - 5 M. de Rond, Director, Legislative & Information ServicesfTown Clerk, Town of Ajax, writing to the Toronto Transit Commission advising that on February 25, 2008, the Town of Ajax passed the following resolution pertaining to acceptance of Durham Region approved disabled riders: "THAT the Toronto Transit Commission (TIC) be requested to accept riders already approved by Durham Region Specialized Transit, until at least such time as the TTC has completed its own eligibility review of such riders; and, THAT this proposal be forwarded to all other Accessibility Advisory Committees in Durham Region for endorsement." (Motion to refer correspondence to the Clarington Accessibility Advisory Committee) D .: 6 M. Aileen Carroll, Minister Responsible for Seniors, extending an invitation to Council to participate in the 2008 Senior of the Year Awards, an annual award established to provide each municipality with the opportunity to honour one outstanding local senior who, after age 65, has enriched the social, cultural or civic life of the community. The deadline for submission is April 30, 2008. (Motion for Direction) D - 7 Hazel McCallion, Mayor, City of Mississauga writing to the Honourable Chris Bentley, Minister of the Attorney General, advising Council that on February 27,2008, the City of Mississauga passed the following resolution pertaining to the sale of birds and animals in a flea market and farmers market: "1. THAT the sale of birds and animals in a Flea Market be prohibited under Business Licensing By-law 1-06 by amending the By-law to add a definition for the term 'Flea Market' and 'Farmers Market', and to add a prohibition to Schedule 20- Owners of Pet Shops, as set out in this Report (dated February 15, 2008 from the Commissioner of Transportation and Works). 2. THAT the necessary by-law be enacted in a form satisfactory to Legal Services. 3. THAT the appropriate set fine be prepared by Legal Services for approval by the Ministry of the Attorney General. Summary of Correspondence - 8 - April 7, 2008 4. THAT the report be circulated to AMO, FCM, all 905 municipalities." (Motion for Direction) D - 8 Hazel McCallion, Mayor, City of Mississauga, writing to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, expressing concern that the City of Toronto allowed its retail businesses to remain open on Family Day, February 18, 2008, while other retail businesses in GT A municipalities had to remain closed, resulting in a significant loss of business for retail establishments throughout Mississauga and the GTA, and a corresponding boost in retail sales within the major shopping centres in the City of Toronto; expressing concern that the City of Toronto is currently investigating the possibility of allowing its retail businesses to remain open on all statutory holidays except Christmas Day; urging the Province to proclaim sections of Bill 130 and allowing Section 148 of the Municipal Act to become law to allow municipalities in the GTA to have the opportunity to pass a by-law at the regional level to level the playing field; and, requesting the Minister to enact an Interim Regulation to amend the City of Toronto Act, to ensure that retail businesses remain closed on Good Friday, Easter Sunday, Thanksgiving Day and Christmas Day to protect these important traditional holidays. (Motion for Direction) D - 9 James and Cathrine McKeever, questioning what decisions will be reached as a means to deal with the 250,000 tonnes of garbage Durham residents generate annually, given that the Municipality has been declared an "Unwilling Host" community to the proposed Energy-From-Waste Facility; assuming that Members of Council will lobby Durham Regional Council to either move on the expansion of the Region's existing dumps or to rescind their 1999 "no new landfill" by-law to enable the siting of a new one; and, requesting Council to forward a motion containing the solution to the waste management issue in Durham Region. (Motion for Direction) D - 10 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington, advising Council that on March 14,2008, the Agricultural Advisory Committee of Clarington passed the following resolution pertaining to clarification of green energy sources within the Assessment Act: 'WHEREAS net farm income levels have not grown in proportion to the manufacture and processing incomes for the products produced on the farm; Summary of Correspondence - 9 - April 7, 2008 AND WHEREAS farmers' net income continues to be a major challenge for the agriculture sector as the expectation of profit is negligible; AND WHEREAS farmers in the Municipality of Clarington and across Ontario are facing higher costs in order to comply with safe water requirements (Clean Water Act), the Nutrient Manaqement Act and other land use restrictions, such as the Greenbelt Plan and Act; AND WHEREAS urban fringe farmers are experiencing escalating assessments and are being unfairly penalized; AND WHEREAS farmers also face higher input costs, particularly for hydro, fuels, labour, transportation and fertilizer; AND WHEREAS the future of farmers in Clarington and throughout Ontario have been devastated by fallout from BSE, the loss of export markets for livestock and other food products, as well as lower prices for farm commodities; AND WHEREAS farmers who are willing to innovate and incorporate alternative energy sources, such as Biogas, solar (photo voltaic), Wind, etc. as integral and value added aspects of their farming business are experiencing uncertainty as to how this activity will be classified under the Assessment Act; NOW THEREFORE BE IT RESOLVED THAT the Minister of Finance clarify that within the Assessment Act these alternative "green" energy sources, when developed as an integral part of the farm operation should be treated as "Machinery" as defined in Section 3, 17 and 18 and exempted from assessment, regardless of the end user of the produced power, AND FURTHER THAT this Resolution be circulated to all agricultural advisory committees and local municipalities within Ontario and John O'Toole, MPP." (Motion for Direction) Summary of Correspondence - 10 - April 7, 2008 D - 11 The Honourable David Caplan, Minister of Public Infrastructure Renewal, advising that Clarington has been authorized to receive a one-time grant of $2,365,780 to be used for the Clarington Library- Newcastle Branch project under the Municipal Infrastructure Investment Initiative (Mill); highlighting the reporting and accountability provisions that apply to the grant; and, advising representatives of the Province would be pleased to consider participating in any public events that may be planned with respect to the project as a demonstration of their support for the Municipal Infrastructure Investment Initiative. (Motion for Direction) D - 12 Louis Bertrand requesting that either a press release be issued or an announcement made during a regular Council Meeting to inform the public on the observed reduction in power consumption during "Earth Hour" 2008, and how the Municipality of Clarington fared in comparison to other locales. (Motion for Direction) D - 13 Michael Melling, Davies Howe Partners, Counsel to Impact Auto Auctions Ltd., and ADESA Canada, expressing concern with the amendment to the proposed Zoning By-law to add the word "roadworthy" to the definition of the word "motor vehicles" approved by the General Purpose and Administration Committee on March 31St, as it will be impossible for the facility to operate on this basis; advising the construction of the proposed ADESA vehicle remarketing and logistics facility in Courtice will not have a significant impact on the features and functions of the Robinson Creek tributary; and requesting that Council reconsider the recommendation of the General Purpose and Administration Committee and adopt the recommendations contained in Report PSD-035-08, as put forth by the Director of Planning Services. (Motion for Direction) D - 14 Colin McLachlan, Director of Development, Baysong Developments Inc. requesting that Report PSD-036-08 from the General Purpose and Administration Committee meeting of March 31,2008, be brought forward to Council on April 7, 2008, for deliberation and resolution. (Motion for Direction) 1-1 Cl~n Aproved bv Committee members CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting Thursday, February 21, 2008 PRESENT: (Chair) Clayton Morgan Councillor Adrian Foster Kerry Meydam David Reesor Wallace Bradley (Vice-Chair) Gord Lee Elwood Ward Sandy Lyall Lisa Robinson ALSO PRESENT: Tony Cannella, Director of Engineering Services Ron Baker, Traffic & Transportation Co-ordinator Constable Esther Rathwell Stuart McAllister, Road Safety Co-ordinator, Durham Region REGRETS: Gilliam Bellefontaine, Andrew Bouma, Georg Krohn, Leslie Benson, Manager of Transportation & Design Clayton Morgan opened the meeting by introducing new members, Wallace Bradley (representing Ward 1) and Constable Esther Rathwell (from Durham Regional Police Services) to the Committee. 1.0 ADOPTION OF MINUTES-(January 17, 2008) The following motion was proposed: THAT: "The minutes of the January 17, 2008 meeting are approved without changes." MOVED: by Elwood Ward; SECONDED by Sandy Lyall. CARRIED CTMAC Ivlinutes 2 FebmaJ'v 21. 2008 2.0 ITEMS FOR INFORMATION 2.1 Road Watch-(Gord Lee) Sandy Lyall picked up from 9 drop box locations and found no reports. There was nothing else to report for this month. 2.2 Highway 407 Update-(Leslie Benson) Ron Baker attended the last municipaV407 group meeting and reported that over the next few months the project team would determine which junctions warrant an overpass/underpass and which might be closed off. Some further negotiations may be required with the municipalities. The next public information session is expected in June of 2008. You can visit the web site at www.407eastea.ca for further information. 3.0 AGENDA ITEMS FOR DISCUSSION' 3.1 Brookhill Subdivision Design Brookhill is a proposed residential subdivision to be located in Bowmanville, north of Highway 2 just west of Clarington Boulevard and north of the new Home Depot. This subdivision has been designed with rear lanes and the rear garage of the homes sits close to the property line. The front of each home is closer to the roadway without front driveways; a design feature intended to make for a friendlier neighborhood. This type of subdivision which generally consists of higher densities generates higher traffic volumes and potentially parking related concerns. Consideration is being given in this development for the use of rear lanes to mitigate these concerns. The committee will be reviewing this type of subdivision design and the related transportation impacts and provide comments from a community perspective. Esther Rathwell from the Durham Regional Police Services expressed concern about rear lanes, suggesting that in some areas this feature has created problems. Constable Rathwell will recommend to the Engineering Department some police staffwho have experience regarding these types of subdivisions and the use of rear lanes. Leslie Benson, who is dealing with this development and has extensive knowledge regarding this topic, will prepare a detailed presentation to be made at the next Committee meeting. This will inform the Committee members and encourage discussion. Cl'NIACMinutes 3 Febmarv 21. 2008 4.0 NEW BUSINESS AT DIRECTION OF CHAIR 4.1 Green Road Traffic Roundabouts are being planned for Green Road between Baseline Road and Aspen Springs in Bowmanville. Modem roundabouts do not operate as well if where there is a high volume of pedestrian usage. Stuart McAllister advised that whenever traffic circles are used, the issue of pedestrian movement is always part of the consideration in determining its feasibility. Stuart also advised that the Region is looking at modem roundabouts for Uxbridge which may be of benefit by creating a gateway type of effect entering the urban area and be a cost savings over traditional traffic signals. 4.2 Clarington Boulevard at Hwy 2 Traffic volume has increased in the Clarington Boulevard and Highway 2 location due to the New Home Depot plaza; therefore Stuart McAllister will advise systems staff to check and see if there should be an advanced green signal for eastbound traffic. There is currently an advance for only westbound vehicles. 4.3 Roundabout Proposed for Rudell Road & Hwy 2 The Region is proposing a roundabout for Rudell Road at Highway 2. 4.4 Mill & Edward Streets The public is requesting that traffic signals are installed at this intersection. At the present time the warrants for traffic signals have not been met but in consideration of the future residential development in the village, the warrants would likely approach being met in the very near future. The Region of Durham is proposing to reconstruct Mill Street this year, and they will be installing a left turn lane at this intersection. With these works about to be done, it would seem beneficial to install not only the underground works for the signals but also the entire signal installation including bases, poles and signal heads. In getting everything in place we are pro actively preparing to make the signals ready for activation. CTMACMinutes 4 Febmarv21,2008 4.5 Concession 10 (West of Old Scugog Road) Vehicles start to speed up where the road opens at the hill. Committee member Wallace Bradley has witnessed two accidents due to westbound speeders. He has borrowed the radar gun but found it difficult to record license plate numbers. He handed out Roadwatch brochures to nearby neighbors who were happy to receive them. Constable Esther Rathwell will patrol this area. 4.6 Longworth Avenue & Liberty Street Stuart McAllister advised that there are future plans for installation of traffic signals at this location. 4.7 Police and By-Law Roles It was mentioned that police and by-law roles overlap. There are questions at traffic meetings that cannot be answered; therefore the Committee secretary will arrange to have a By-Law officer attend one of the meetings for either a presentation or question and answer period. 4.8 Tom Horton's-Baseline Road, Bowmanville One of the members witnessed the line up of vehicles that extended across Baseline Road. Stuart McAllister mentioned that there is a meeting planned with TDL and Engineering Services to obtain a site plan. At a previous meeting TDL, the Region, Mayor and Engineering staff wanted something done as soon as possible. Tim Horton's is having their consultants prepare a proposal. There is a new sign posted when turning into the store which directs customers. 4.9 Courtice Corridor Study-Townline to Varcoe, Courtice There are still traffic issues with this area in Courtice. When traveling on Highway 2, cars pull out from the multiple driveways into ongoing traffic. The Courtice Corridor Study showed a median would improve safety but after the public consultation process only a small section of median was actually approved for construction. Stuart McAllister will bring statistics of incidents in this area to the next meeting. Members would like to get involved in trying to come up with suggestions or initiating a further review by the Region to improve this problem area (both Durham Hwy. 2 and the Townline Durham 55 are Regional roadways). crrvlAC Ivlinutes 5 Febmarv 21. 2008 5.0 NEXT MEETING DATE- March 20, 2008-7:00 P.M. Committee Room IC-Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street (Library entrance doors). 6.0 ADJOURNMENT MOVED by; Elwood Ward THAT: "The meeting be adjourned at 8:37 p.m." 1-2 Clarington Compost Facility Community Relations Committee Meeting #1 - Thursday October 25th, 2007 Participants Resident representatives . Roberta Stasyszyn, Edward Oegema, Business representatives . Fred Biesenthal, Tom Brewer Municipality of Clarington . Janice Szwarz, Planning Services Department . Brent Mavin, Engineering Services Department Central Lake Ontario Conservation . Rob Hersey Miller Waste . Mike Kopansky; AI Ramsay Regrets Miller Waste - Brad Harper Site Tour The group met at Miller's Clarington Compost Facility for a "walking tour" of the facility. Committee members received a binder providing an overview of the site including the following: 1. An 11" by 17" drawing of the site plan 2. A two page document outlining the objective for the Community Relations Committee (eRC) 3. A sample of the fax Miller sent to Durham Region landscapers announcing the site was open. 4. A schematic showing the location of the site and contact information for the site and for AI Ramsay. 5. A drawing showing the maintenance shop planned for construction later this year. 6. A document outlining Miller's 24 hour hotline. 7. A two page document outlining the Permits and Approvals associated with Miller's Clarington Compost facility. 8. Eight pages of sales and educational literature associated with Miller's composting facilities and utilization techniques for compost use. Miller Community Relations Committee - October 25, 2007 Discussion - Clarington Municipal Administrative Centre The group traveled from the site to Clarington's Municipal Centre where the meeting was continued. The following outlines the presentations made and the topics discussed. . Miller, CLOCA and Clarington staff outlined the requirements for Miller to manage the buffer areas to the south of the woodlot to prevent invasive species from damaging the core of the woodlot. . The Committee discussed Miller providing statements such as "Miller is in compliance with - tonnes, traffic - with respect to the site operation for future CRC meetings. . The Committee discussed the possibility of involving the CRC members in community activities if operations proceed favourably (eg. compost donations) . The Committee discussed the need to agree on a Co-Chairman for the CRC. No volunteers came forward - it was agreed that members would consider possible candidates to be discussed at the next meeting. . The committee discussed a request for Miller to provide information updates during future CRC meetings. Information requested was identified as "Key Measurables" - they were identified as: o T onnes Processed o Number of scale transactions per day (indicator for truck traffic to the site) o Residual Rates associated with the site operations (Miller suggests they be reported on an annual basis). o Groundwater monitoring results (Miller suggests results be discussed as they are reported through the requirements of the C of A). . Rob Hersey advised that he would provide monitoring data for Tooley Creek. . Committee members identified an area of concern with respect to traffic safety along Baseline Road. The issue of truck traffic blocking the railway was discussed. The majority of the conflicts anticipated are between "compost" vehicles turning north onto Hancock from eastbound Baseline and "waste" vehicles turning south onto McKnight Road from westbound Baseline. Miller is to approach Waste Management to coordinate a policy that would encourage truck traffic utilizing both facilities to avoid blocking the railway tracks. Brent Mavin will investigate the installation of a sign to advise traffic not to block the railway tracks. . The committee discussed the closing of the Hancock Road allowance from Bloor Street south to the north end of the urban section of Hancock Road constructed by Miller. Miller and the residents support closing access to the road allowance to reduce illegal garbage dumping and discourage other illegal activities. Miller and the residents were willing to consider a locked gate which would allow Clarington and affected landowner's access to the road allowance as required. Clarington staff advised that the closure is not likely - Janice Szwarz and Brent Mavin to investigate and advise the committee at the next meeting. Miller Community Relations Committee - October 25, 2007 2 Action Items for Next Meeting 1.1 Members are to consider possible candidates for Committee co-chair. 1.2 Miller is to approach Waste Management to coordinate a policy that would encourage truck traffic utilizing both facilities to avoid blocking the railway tracks. 1.3 Brent Mavin will investigate the installation of a sign to advise traffic not to block the railway tracks. 1.4 Rob Hersey to provide monitoring data for Tooley Creek, 1.5 Janice Szwarz and Brent Mavin to investigate the possibility of allowing Miller to install locked gates on the Hancock Road allowance. Miller Community Relations Committee - October 25, 2007 3 Present: Regrets: Absent: Staff: 1-3 CLARINGTON MUSEUMS AND ARCHIVES BOARD MEETING MINUTES March 19,2008 Sarah Jane Williams Heritage Centre 62 Temperance Street, Bowmanville, Ontario J. Rook, Chair B. Colville W. Tanner J. Witheridge P. Ford . S. Laing M. Carlton Mayor Abernethy Councillor Robinson K. Isnor J. Murray M. Rutherford Conrad, Administrator M. Home, Recording Secretary 1. CALL TO ORDER The meeting was called to order by the Chair at 7:05 p.m. 2. ADOPTION OF AGENDA Moved by: J. Witheridge Seconded by: P. Ford THAT the agenda be approved. MOTION CARRIED 3. APPROVAL OF February 13, 2008 BOARD MEETING MINUTES Moved by J. Witheridge Seconded by: P. Ford THAT the minutes of the February 13,2008 Board Meeting be approved. MOTION CARRIED 4. BUSINESS ARISING a) The Administrator informed the board members that the sign at Sarah Jane Williams Heritage Centre is being donated and that the sign at the Clarke Museum is expected to be in place by April 20, 2008 pending snow conditions at the museum. 5. CORRESPONDENCE Moved by: Mayor Abernethy Seconded by: B. Colville THAT the correspondence be accepted. MOTION CARRIED 6. COMMITTEE REPORTS a) Finance Report: The Administrator discussed with the board the financial summary for the year 2007, advising that outstanding revenue yet to be received for 2007 is not included in this report, that amount being $6500. Discussion took place with the decision to refer the report back to staff. Moved by: Mayor Abernethy Seconded by: S. Laing THAT the finance report be deferred to the next meeting. MOTION CARRIED b) Property Report: The Property Report was discussed in detail listing long range visions ofthe Committee and changes to be made to Committee responsibilities. Moved by: J. Witheridge Seconded by: P. Ford THAT the property report be accepted as amended. MOTION CARRIED 7. ADMINISTRATOR'S REPORT The Administrator advised that the Programme Co-Ordinator position has been filled, the new person is Angela Libby who started on March 17, 2008. The new exhibit Star Lab, The Traveling Planetarium arrives on March 24. The Pioneer Survivor program has been the museum's most successful educational programme linked to an in-house exhibit. The Preserve Kirby Church Project is underway and the committee is discussing a major fundraising event to raise the profile of the project. A musical evening is being considered. Moved by: B. Colville Seconded by: J. Witheridge THAT the Administrator's Report be accepted. MOTION CARRIED 8. NEW BUSINESS An interesting book 'Castle Class Corvettes' has been donated to the Museum by the Office of the Mayor. This book includes detailed information on the HMCS Bowmanville. J. Rook accepted the book on behalf of the Board. 9. DATE AND PLACE OF NEXT BOARD MEETING The next meeting of the Board of Directors ofClarington Museums and Archives will be held APRIL 9, 2008 at Sarah Jane Williams Heritage Centre commending at 7:00 p.m. 10. ADJOURNMENT Moved by J. Witheridge THAT the meeting adjourn at 8:28 p.m. 'oaMAR31 PI.,12:26:23 CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY 1-4 M I NUT E S N O. 3 AUTHORITY MEETING Tuesdav. March 18.2008 - 5:00 P.M. MEETING LOCATION: 100 WHITING AVENUE. OSHAWA AUTHORITY'S ADMINISTRATIVE OFFICE. BOARDROOM Present: B. Nicholson, Vice Chair S. Crawford A. Cullen J. Drumm A. Foster J. Gray R. Hooper R. Johnson D. Mitchell J. Neal M. Novak M. Pearce P. Perkins J.R. Powell, Chief Administrative Officer D. White, Director, Corporate Services H. Brooks, Director, Watershed Planning & Natural Heritage G. Geissberger, Community Outreach Coordinator R. Hersey, Director, Development Review & Regulation P. Lowe, Director, Watershed Stewardship &Community Outreach P. Sisson, Director, Engineering & Field Operations G. Soo Chan, Director, Groundwater M. Stauffer, Administrative Assistant/Recording Secretary Absent: G. Emm, Chair -. "om The Vice-Chair called the meeting to order at 5:00 p.m. , , DECLARA TIONS of interest by members on any matter herein contained'~ A. Foster declared a conflict with Staff Report #4722-08, Permit Application for Ryeland'Farms/Geissberger. He did not participate in any discussion and did not vote on the recommendation. ADOPTION OF MINUTES Res. #34 Moved by A. Cullen Seconded by M. Novak 'fTOI C~ THA T tile Autllority minutes of February 20, 2008 be a(lopte(l as circulated. CARRIED r.'i.;'~A('\'~",_ a__ AUTHORITY MEETING - MINUTES OF MARCH IS, 200S - PAGE 2 CORRESPONDENCE (I) Correspondence item #PSSG225C9 from Ministry of Municipal Affairs and Housing/Jim Watson, MPP Minister (attached as Schedule 3-1 to 3-9) Re: Growing the Greenbelt - Consultation 2008 (2) Correspondence item #APJAI OC38/PSSG225C8 from Ministry of Municipal Affairs and Housing/Jim Watson, MPP Minister (attached as Schedule 3-10). Re: letter of appreciation and thanks to J.R. Powell for long-term dedication to the protection of the Greenbelt and the Oak Ridges Moraine (3) Conservation Authorities Moraine Coalition (CAMC) - Accomplishments 2007 (colour fold-out brochure previously circulated to Members and Staff) Res. #35 Moved by J. Gray Seconded by A. Foster THAT correspondence items #PSSG22SC9, #AP JA10C381PSSG22SC8 and CAMC brochure be received for information. CARRIED DIRECTOR, DEVELOPMENT REVIEW AND REGULATION (I) Staff Report #4722-08 (attached as Schedule 4-1 & 4-2) Applications for Development, Interference with Wetlands and Alteration to Shorelines and Watercourses- February 1-29, 2008 Res. #36 Moved by M. Novak Seconded by R. Hooper THAT the attached applications be approved and the respective permits be issued. CARRIED DIRECTOR, ENGINEERING AND FIELD OPERATIONS (I) Staff Report #4723-08 (attached as Schedule 5-1 to 5-4) Heber Down Conservation Area Public Use Concept Res. #37 Moved by D. Mitchell Seconded by J. Drumm THAT Staff Report 4723-08 be received for information, and that staff be directed to: a) complete the Public Use Concept for the Heber Down Conservation Area, and work towards funding and implementing the proposed improvements; and, b) continue operation of the Heber Down Conservation Area group camping sites without electrical service. CARRIED Councillor Mitchell had several suggestions regarding trail locations. P. Sisson noted that CLOCA is involved in the steering committee for the Cullen Park and Town of Whitby operations. Known user groups, partners and information sources will be invited to comment on the concept plan. Discussion ensued. . R. Johnson and S. Crawford arrived at 5:04 p.m. P. Perkins arrived at 5: 10 p.m. Res. #38 Moved by S. Crawford Seconded by A. Cullen THAT the meeting convene "In Camera" CARRIED Res. #42 Moved by A. Cullen Seconded by P. Perkins THAT the meeting reconvene and that the actions of the "In Camera" session be adopted. CARRIED AUTHORITY MEETING - MINUTES OF MARCH 18,2008 - PAGE 3 ADJOURNMENT Res. #43 Moved by J. Neal Seconded by S. Crawford THAT the meeting adjourn. CARRIED The meeting adjoined at 5:27 p.m. ~1~iJJgron REPORT #1 REPORT TO COUNCIL MEETING OF APRIL 7,2008 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MARCH 31,2008 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) FND-009-08 Mayor & Councillor's Remuneration & Expenses for 2007 2. PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SINGLE DETACHED DWELLING APPLICANT: DAVE MIURA THAT Report PSD-031-08 be received; THAT the application to amend the Zoning By-law 84-63 and Zoning By-law 2005-109 to permit a single detached dwelling be approved and that the proposed Zoning By-laws contained in Attachment 3 and Attachment 4 to Report PSD-031-08 be passed; and THAT the applicant, Region of Durham, Municipal Property Assessment Corporation, all interested parties listed in Report PSD-031-08, and any delegations be advised of Council's decision. 3. APPLICATIONS FOR DRAFT PLAN OF SUBDIVISION AND ZONING BY-LAW AMENDMENT APPLICANT: 829426 ONTARIO INC. (The Kaitlin Group) THAT Report PSD-032-08 be received; THAT the applications for a proposed Plan of Subdivision and amendment to the Zoning By-law, submitted by 829426 Ontario Inc. (The Kaitlin Group) to permit the development of two blocks for 250 residential condominium apartment units continue to be processed including the preparation of a subsequent report; and THAT the applicant, Region of Durham, all interested parties listed in Report PSD-032-08 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPA.LlTY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 April 7, 2008 4. RECOMMENDED STREET NAME CHANGE FOR LAMBERT STREET, SOUTH OF QUEEN STREET THAT Report PSD-033-08 be received; THAT the by-law to amend By-law 86-112, being the Street Name Map and Street Name Inventory, as contained in Attachment 2 to Report PSD-033-08, be approved; THAT a copy of Report PSD-033-08 and Council's decision be forwarded to the Durham Regional Police and the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-033-08 and any delegations be advised of Council's decision. 5. PROPOSED ZONING BY-LAW AMENDMENT TO FACILITATE THE SEVERANCE OF A SURPLUS FARM DWELLING APPLICANT: ARNOLD GEISBERGER THAT Report PSD-034-08 be received; THAT the rezoning application submitted by Arnold Geisberger be approved and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-034-08 be passed; and THAT the applicant, Region of Durham, Municipal Properties Assessment Corporation, all interested parties listed in Report PSD-034-08, and any delegations be advised of Council's decision. 6. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY -LAW TO PERMIT AN INCREASE IN OUTDOOR STORAGE FOR AN INDUSTRIAL (AUTO AUCTION) USE APPLICANT: IMPACT AUTO AUCTIONS LTD. THAT Report PSD-035-08 be received; THAT Amendment No. 61 to the Clarington Official Plan be approved as shown in Attachment 3 to Report PSD-035-08 to permit an increase in outdoor storage from 50% to 70% as proposed by the application submitted by Impact Auto Auctions Ltd., and that the necessary adopting By-law (Attachment 4 to Report PSD-035- 08) be passed; THAT the application to amend the Zoning By-law 84-63 submitted by Impact Auto Auctions Ltd. be approved and that the By-law contained in Attachment 5 to Report PSD-035-08, as amended to add the word "roadworthy" immediately before "motor vehicles" in the Definition of Auto Auction Establishment, being in Section 1 paragraph 3, be passed; THAT the Mayor and Clerk be authorized by by-law to execute the Option Agreement between Impact Auto Auctions Ltd. and the Municipality of Clarington substantially in the form as contained in Attachment 6 to Report PSD-035-08; Report #1 3 April 7, 2008 THAT a copy of Report PSD-035-08, Official Plan Amendment No. 61, and Amending Zoning By-law, as amended, be forwarded to the Durham Region Planning Department and Municipal Property Assessment Corporation; and THAT the Region of Durham, the applicant and all interested parties listed in Report PSD-035-08 and any delegations be advised of Council's decision and be forwarded the Notice of Adoption. 7. PROPOSAL TO CONVEY AN UNOPEN ROAD ALLOWANCE SITUATED IN LOT 28, CONCESSION 5, FORMER TOWNSHIP OF CLARKE THAT Report EGD-011-08 be received; THAT the unopen road allowance situated in Lot 28, Concession 5, Former Township of Clarke be closed and declared surplus and that the road allowance be conveyed to Mr. Dennis Ebbs, subject to the condition that an easement is granted to Bell Canada; THAT the applicant pays the appraised land value of $10,000.00 as well as all legal and other financial costs associated with the creation of an easement in favour of Bell Canada and with the proposed land transaction; and THAT Mr. Dennis Ebbs be advised of Council's decision. 8. BEECH AVENUE ROAD RECONSTRUCTION PUBLIC INFORMATION CENTRE THAT Report EGD-016-08 be received; THAT design proceed based on the comments received and the conditions outlined in the Heritage Conservation District Plan for Beech Avenue; THAT the reconstruction of Beech Avenue proceed to construction following a subsequent meeting with the Heritage Conservation District Plan Committee; and THAT all those who attended the Public Information Centre and who have contacted the Municipality be informed of Report EGD-016-08. 9. AMENDING AGREEMENT OF UNDERSTANDING FOR SPRINGFIELD MEADOWS III - 708545 ONTARIO LIMITED (GERANIUM HOMES) THAT Report EGD-017-08 be received; THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation of the Municipality of Clarington, the Amending Agreement of Understanding with 708545 Ontario Limited (Geranium Homes) for the fill and grading works and the erosion and sedimentation control works on the east side of Prestonvale Road in Springfield Meadows (18T-95028); Report #1 4 April 7, 2008 THAT Council approve the by-law attached to Report EGD-017-08 to confirm its decision to enter into the Amending Agreement of Understanding with 708545 Ontario Limited (Geranium Homes); and THAT 708545 Ontario Limited (Geranium Homes) be notified of Council's decision and that the Amending Agreement of Understanding be forwarded to them for execution once it has been drafted to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. 10. TOTAL HOCKEY FLOOR SPACE THAT Report CSD-007-08 be received; and THAT staff be directed to issue a Request for Proposal to lease the space vacated by Total Hockey, located at the Garnet B. Rickard Recreation Complex, provided that the CAO confirms in writing that there is no immediate need for this space for staff. 11. APPOINTMENT OF A PART-TIME PARKING ENFORCEMENT OFFICER THAT Report CLD-011-08 be received; THAT the by-law attached to Report CLD-011-08 be forwarded to Council for approval; and THAT Matthew Jessup be advised of Council's actions. 12. APPOINTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICER - ANIMAL SERVICES THAT Report CLD-012-08 be received; THAT Chad Wubbolt be appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington; THAT the by-law attached to Report CLD-012-08 be forwarded to Council for approval; and THAT Chad Wubbolt be advised of Council's actions. Report #1 5 April 7, 2008 13. CL2008-3, SUPPLY AND DELIVERY OF HIGH PERFORMANCE PERMANENT COLD PATCH THAT Report COD-013-08 be received; THAT Innovative Surface Solutions Canada, Ajax, Ontario with a total bid in the amount of $104,328.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2008-3, be awarded the contract to supply and deliver High Performance Permane'nt Cold Patch as required by the Municipality of Clarington; and THAT the funds required be provided from the Operations Department Current Budget in the amount of $104,328.00 be drawn as follows: a) $60,000.00, from Pavement Patching Account #100-36-381-10255-7112; and b) the remaining funds in the amount of $44,328.00 be drawn from the Pavement Resurfacing account #100-36-381-10250-7163. 14. CL2007-47, KENDAL KITCHEN CONSTRUCTION THAT Report COD-015-08 be received; THAT Kraco Carpentry Service Limited, Bowmanville, Ontario with a total bid in the amount of $85,100.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2007-47, be awarded the contract to supply Kendal Kitchen Construction as required by the Municipality of Clarington; and THAT funds required in the amount of $85,100.00 be drawn as follows: a) THAT funds required in the amount of $75,000.00 be drawn from the Kendal Community Centre Kitchen Project account #100-00-000-02150- 2015 (Trillium Grant); b) THAT funds in the amount of $10,000.00 be provided by the Kendal Community Centre Board and be forwarded to the Municipality of Clarington before the kitchen construction is completed; and c) THAT funds in the amount $100.00 be drawn from the Building Services Renovation/Construction account #100-36-370-10115-7501. Report #1 6 April 7, 2008 15. CL2008-4, CULVERT AND BRIDGE IMPROVEMENT THAT Report COD-020-08 be received; THAT Ron Robinson Limited, Bowmanville, Ontario with a total bid in the amount of $163,512.81 (Plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2008-4 be awarded the contract for Culvert and Bridge Improvements as required by the Operations Department; THAT funds required in the amount of $215,000.00 (which includes $163,512.81 tendering plus consulting, contingencies and previously committed amount for Port Granby Bridge Repair) be drawn as follows: a) $96,000.00, Bridge Improvements, 2006 Capital Budget Account # 110- 36-330-83638-7401 ; b) $33,000.00, Bridge Improvements, 2007 Capital Budget Account # 110- 36-330-83638-7401; and c) the remaining funds in the amount of $86,000.00 for bridge and culvert improvements be drawn from Guide Beam Installations, 2008 Capital Budget Account 110-36-330-83639-7401; and THAT the attached By-law marked Schedule "A" to Report COD-020-08 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 16. BUILDING PERMIT FEES ANNUAL REPORT THAT Report FND-008-08 be received; and THAT existing building division fees be confirmed with no change required. 17. PRESENTATION - CHRIS HAMEL & RICHARD TINDALL - DRAFT RECOMMENDATION FROM THE REGION OF DURHAM FOR WATER AND WASTEWATER MASTER PLAN THAT the presentation of Chris Hamel, KMK and Richard Tindall, Region of Durham, regarding the draft recommendations from the Region of Durham for Water and Wastewater Master Plan be received with thanks. 18. DELEGATION - JAISON GIBSON - WILMOT CREEK ART & TOURISM CONCEPT - NATURE PARK SYSTEM THAT the delegation of Mr. Jaison Gibson be received with thanks. Report #1 7 April 7, 2008 19. LEGAL COSTS THAT Staff prepare a report to be presented to GPA outlining all legal works performed for the Municipality in 2007, addressing the following: · Breakdown by Department · Advanced legal approvals for each project/item · Hourly rate charged . Hours invoiced · Final authorization of payment C[{J!-!l1gton STAFF REPORT 1/1 REPORT CORPORATE SERVICES DEPARTMENT Meeting: Council Date: April 7th, 2008 COD-019-08 File # By-law # Report #: Subject: CL2008-7, NEWCASTLE BRANCH LIBRARY Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-019-Q8 be received; 2. THAT Garritano Bros Ltd., Oshawa, Ontario with a total bid in the amount of $2,444,700.00 (Excluding G.S.T.), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2008-7, be awarded the contract for the construction of the Newcastle Branch Library as required by the Clarington Library Board; 3. THAT the funds required for the construction project in the amount of $2,648,895.00 ($2,444,700.00 plus construction contingency) be drawn from Account #110 42 440 85510 7401 ; 4. THAT David Caplan, Minister of Public Infrastructure Renewal be thanked for the one-time grant announced on March 28, 2008 under the Municipal Infrastructure Investment Initiative in the amount of $2,365,780 for this project; 5. THAT the attached By-law marked Schedule "An authorizing the Mayor and the Clerk to Execute the necessary agreement be approved; 6. THAT Council express its intent to fund this project debenture repayments and financing costs to the extent allowable from future development charges. 7 . THAT the Director of FinancefTreasurer be authorized to make application to the Region of Durham for a debenture in the amount of $1,084,267.00 plus debenture costs to finance the eligible net growth related costs of the Newcastle Branch Library; and 8. THAT the attached By-law marked "Schedule B" authorizing the debenture exec and Clerk be appr Reviewed by: by the Mayor Submitted by: cy ayl r, ., .A., ~a~ Edith Hopkins, Library Di ctor Clarington Public Ubrary r nWu, 4' Chief Administrative Officer MMUB\Ion CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T(905)623-3379 F (905)623-4169 REPORT NO.: COD-019-DS PAGE 2 BACKGROUND AND COMMENT In the latter part of 2007, the municipality invited tenders from pre-qualified contractors for the construction of the Newcastle Branch Library. Bids received in response to the tender call at that time were significantly over budget and a subsequent report to Council recommended that the facility design be re-scoped to reduce cost and allow for the re-tendering in the early part of 2008 at the beginning of the construction season when pricing would be more competitive. With Council's approval, the consultant and the project team identified twenty-one design and component changes to reduce the construction cost of the building without significantly affecting the functionality and appearance, yet maintaining the efficient "green" building. Council authorized application to the Ministry of Public Infrastructure Renewal under the Municipal Infrastructure Investment Initiative on February 13, 2008. A letter confirming that the application was successful in the amount of $2,365,780 was received March 28, 2008. Tenders were invited from the original list of pre-qualified contractors in February and tenders closed on March 13, 2008. Subsequently, tenders were received and tabulated as per Schedule "B" attached. As a result of the reduction/changes in the scope of the project and the timing of the tender call bid submissions were received from five of the original seven pre-qualified bidders and prices received are far more competitive then those submitted on the original 2007 tender. Council approved funding for the above project at a construction budget of $2,648,895.00. The funding source is the provincial grant funding referenced above with the balance from the Library Development Charges. The actual cost to construct the Branch Library, including the optional cost of the radiant heating is $2,444,700.00, well within the approved budget. Accordingly, it is recommended that the project proceed at the all-inclusive price of $2,444,700.00 with the remaining $204,195.00 as a contingency for the project. The above results confirm the committee's strategy to re-tender the project achieved desired results. The Total project is $3,450,047.00. Of this, $1,084,267.00 will be financed through development charges. A debenture of this amount plus debenture costs over a period not to exceed 15 years will be required. The exact repayment amounts to be funded from the Library Development Charges Reserve Fund will be determined at the time of the debenture issuance by the Region of Durham. The Director of Finance has reviewed the funding requirements and concurs with the recommendation. Queries with respect to department needs, specifications, etc., should be referred to the Director of Corporate Services. REPORT NO.: COO-019-Da PAGE 3 After further review and analysis of the bids by the Clarington Public Library Building Committee, Shoalts Zaback Architects Ltd., Kingston, Ontario and Purchasing, it was mutually agreed that the low bidder, Garritano Bros. Ltd., Oshawa, Ontario, be recommended for the contract for the construction of the Newcastle Branch Library. Attachments: Attachment 1 - Schedule "A", By-law Attachment 2 - Schedule "B., By-law Attachment 3 - Schedule "C., Bid Summary Schedule "A" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008- Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Garritano Bros. Ltd., Oshawa, Ontario, to enter into agreement for the construction of the Newcastle Branch Library. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOllOWS: 1. THAT the Mayor and Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington and seal with the Corporation Seal, a contract between, Garritano Bros. Ltd., Oshawa, Ontario, and said Corporation; and 2. THAT the contract attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this day of ,2008. By-law read a third time and finally passed this day of ,2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk Schedule "B" THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW 2008 Being a By-Law to authorize the debenturing of $1,084,267 Plus debenture costs to assist in the construction of the Newcastle Branch Library located at Pt. Lot 27, Concession 2, Clarke Township in the Municipality of Clarington. WHEREAS Section 403 of the Municipal Act, 2001, S.D. 2001, provides that By-Laws may be passed to allow for borrowing for the purpose of the Corporation and the issuance of debentures thereof; WHEREAS the Council of the Corporation of the Municipality of CIa ring ton wishes construction to proceed on the Newcastle Branch Library; WHEREAS the Council of the Corporation of the Municipality of CIa ring ton has approved Report COD-019-08 at its meeting of April 7, 2008, for the Newcastle Branch Library; WHEREAS the Director of Finance/Treasurer has updated the Municipality's annual debenture limit and this limit has not been exceeded, therefore, the Ontario Municipal Board approval is not required; NOW THEREFORE, Be It Enacted and It is Enacted as a By-law of the Corporation of the Municipality of Clarington as follows: I. THAT the Municipality proceed with the construction of the Newcastle Branch Library, located at Pt. Lot 27, Concession 2, Clarke Township, in the Municipality of Clarington; 2. THA T the sum of $1 ,084,267, plus debenture costs, be debentured over a period not to exceed fifteen (15) years; and 3. THA T the funds to repay the principal and interest of the debenture be raised through a tax levy on the ratepayers and/or to the extent possible through future development charges. By-Law read a first and second time this 7th day of April, 2008. By-Law read a third time and fmally passed this 7th day of April, 2008. Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk ~~~mgron Municipality of Clarington SCHEDULE "C" BID SUMMARY TENDER CL2008-7, CONSTRUCTION OF THE NEWCASTLE BRANC LIBRARY BIDDER BASE BID SEPARATE REVISED . PRICE TOTAL RADIANT HEATING Garritano Bros. Ltd. Oshawa, ON $2,373,700.00 $71,000.00 $2,444,700.00 Gerr Construction Oshawa, ON $2,390,000.00 $58,000.00 $2,448,000.00 Struct-Con Construction Brampton $2,432,000.00 $81,359.00 $2,513,359.00 Pre-Eng Contracting Concord, ON $2,520.000.00 $70,000.00 $2,590,00.00 J.J. McGuire General Contractors Inc. Pickering, ON $2,615,000.00 $65,000.00 $2,680,000.00 SUMMARY OF BY-LAWS April 7, 2008 BY -LAWS 2008-048 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Dave Muira) (Item ,2 of Report #1) 2008-049 Being a By-law to amend By-law 2005-109, of the Corporation of the Municipality of Clarington (Dave Muira) (Item 2 of Report #1) 2008-050 Being a By-law to amend By-law 86-112, a by-law to establish a Street Name Map and Street Name Inventory in the Municipality of Clarington (Item 4 of Report #1) 2008-051 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Arnold Geisberger) (Item 5 of Report #1) 2008-052 Being a By-law to adopt Amendment No. 61 to the Clarington Official Plan (Item 6 of Report #1) 2008-053 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (Impact Auto Auctions Ltd.) (Item 6 of Report #1) 2008-054 Being a By-law to authorize the execution of an Option Agreement (Item 6 of Report #1) 2008-055 Being a By-law to authorize the execution of an Amending Agreement of Understanding between the Corporation of the Municipality of Clarington and 708545 Ontario Limited (Geranium Homes) for the purpose of filling a future development site in the Emily Stowe Neighbourhood (18T-95028) (Item 9 of Report #1) 2008-056 Being a By-law to appoint a Parking Enforcement Officer (Item 11 of Report #1 ) 2008-057 Being a By-law to appoint a Municipal Law Enforcement Officer (Item 12 of Report #1) 2008-058 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario for the Culvert and Bridge Improvements at Concession Road 1, 5, 6 and 7 (Item 15 of Report #1) Summary of By-laws - 2 - April 7, 2008 2008-059 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Garritano Bros. Ltd., Oshawa, Ontario, to enter into agreement for the Construction of the Newcastle Branch Library (Staff Report #1) 2008-060 Being a By-law to authorize the debenturing of $1,084,267 plus debenture costs to assist in the construction of the Newcastle Branch Library located at pt. Lot 27, Concession 2, Clarke Township in the Municipality of Clarington (Staff Report #1)