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HomeMy WebLinkAbout06/24/2002 , , . . . . , , Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON June 24, 2002 Minutes of a regular meeting of Council held on June 24, 2002, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Confidential Secretary to the Mayor, L. Bruce (attended un1il 7:30 p.m.) Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Executive Assistant to the Mayor, M. Reid (attended until 7:30 p.m.) Confidential Secretary to the Clerk, H. Keyzers (attended until 9:30 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Mayor Mutton indicated that he would be disclosing a pecuniary interest with respect to Item #7 of Report #1 and the corresponding by-laws. . . . Council Minutes MINUTES ANNOUNCEMENTS - 2- June 24, 2002 Resolution #C-367-02 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on June 10, 2002, be approved. "CARRIED" Mayor Mutton advised that the Durham Regional Police Department provided a media release regarding a Bowmanville man who has been arrested for several break and enters in the downtown core. This same person was in possession of the missing self contained breathing apparatus belonging to the Emergency Services Department. Councilior Pingle advised that she attended that 90th Anniversary of the Bowmanville Hospital Volunteers. Councillor Trim advised that he received a letter on Friday addressed to the Mayor of Newtonville, Toronto, Ontario. The letter was from a woman from England wondering if Council could recognize her mother's 90th birthday. Her mother, who was born in Newtonville, has always had fond memories of the municipality. Councillor Robinson advised Council that he attended the Motor Madness Event in Orono on Saturday, June 22, 2002. He also stated that he attended the 1st Anniversary of Newcastle McDonalds and an event held at the Rotary Park to help support Bethesda House. Councillor Rowe advised Council that the Courtice Business Association will be hosting a free Canada Day Event this Thursday, June 27, 2002, at 5:30 p.m. at Whitecliffe Terrace. . . . Council Minutes PRESENTATIONS - 3 - June 24, 2002 Mayor Mutton congratulated and presented the Academic Excellence awards to the following students: Lauren Gilhooly - Bowmanville Senior Public School Laura McKenna - Courtice North Public School Ryan Zavitz - Dr. Emily Stowe Public School Geoff Powell - Dr. Ross Tilley Public School Stephanie Uttley - Lydia Trull Public School Matt Darling - M.J. Hobbs Public School Chelsea Brake - Ontario Street Public School Melissa Campbell - S.T. Worden Public School Amanda Fracz - St. Francis of Assisi School Kyle Steeves - St. Stephen's Elementary School Christine Teo - The Pine Senior Public School Amanda Brady - Waverley Public School The following awards of excellence were presented to secondary school students: Ashley Welsh - Bowmanville High School Melissa Searle - Clarke High School Katharine Found - Courtice Secondary School Adrienne Silnicki - St. Stephen's Secondary School There were two graduation ceremonies last week and the awards were presented to: Amanda Rekker - Durham Christian High School Thaddeus Bolton - St. Joseph's Elementary School There are also four graduation ceremonies taking place this evening and awards will be presented to: Nicole Pollet - Good Shepherd School Jonathan Stoner - Monsignor Leo Cleary School Stephanie Gresel - Mother Teresa School Milissa Colley - St. Elizabeth School Mayor Mutton congratulated and presented certificates to the foilowing students from Courtice Secondary School in recognition of winning the National Awards for the Electric Car Program: Sarah Rotheram Andrew Randell Cameron Osborne . . . Council Minutes PRESENTATIONS DELEGATIONS - 4 - June 24, 2002 Ryan Hutchison Amanda Porter Kyle Beardmore Mark Davidson Kent Missons Katie Cherry Teacher advisors are: Randie Houghton David Howard Rachelle Mack John Winder Chris McManus Bruce Balsdon Resolution #C-368-02 Moved by Councillor Trim, seconded by Councillor Schell THAT the 10 minute delegation time limit be extended to allow Mr. Watson ample time to complete his presentation. "CARRIED" Peter Watson, Manager of Waste Management, Region of Durham, 105 Consumers Drive, Whitby, L 1 N 6A3, circulated his presentation regarding the new integrated waste collection service in the Municipality of Clarington. The new waste collection services include the following: 1. Expanded Blue Box recycling program 2. Leaf and yard waste program 3. Organic food waste program 4. Alterations to garbage waste 5. White goods collection 6. Street litter containers 7. Waste information guide & calendar 8. New "waste collection" days 9. Other features 10. Contract status & startup . . . Council Minutes DELEGATIONS COMMUNICATIONS I - 1 S08.SM 1-2 E08.GE -5- June 24, 2002 Robert Cowie, 2682 Prestonvale Road, Courtice, L 1 E 2R9, was called but was not present. Derek Baird, 1603 Highway 2, Courtice, L 1 E 2R7, appeared before Council regarding his rezoning application of 1603 Highway NO.2. Mr. Baird stated that his office has been in operation for two years with no negative effects or complaints. In fact, they have received positive feedback on numerous occasions from neighbours. The petition referred to by staff against the Highway 2 Corridor Secondary Plan was conducted by two other landowners and not Mr. Baird. Mr. Baird takes exception to staff stating that he has ulterior motives with this application. His application is strictly site specific, and he has no "greater plans" for his other landholdings. Mr. Baird is asking Council to support his rezoning application and he believes that it fits in with the spirit of the Highway 2 Corridor. Correspondence Item I - 22 was received as a handout. Resolution #C-369-02 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved with the exception of Items I - 5 and I - 24. "CARRIED" Annette Laferriere, Administrative Assistant, Office of the Commissioner & Medical Officer of Health, Region of Durham, advising Council that the public consultation for a Regional By-law regulating smoking in public places and workplaces will take place in Clarington on June 26, 2002, at the Garnet B. Richard Complex from 7:00 p.m. to 10:00 p.m. (Received for Information) J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority, providing Council with a copy of the following items regarding Bill 155 - Sustainable Water and Sewage System Act, 2001: 1. Canadian Environmental Law Association correspondence to Municipal Affairs and Housing dated February 15, 2002; and . . . , ' Council Minutes COMMUNICATIONS 1-3 T08.GE 1-4 A01.FE 1-6 P15.GE 1- 7 M06.GE - 6- June 24, 2002 2. Conservation Ontario correspondence to Municipal Affairs and Housing dated May 9, 2002. (Received for Information) Ron Trewin, Construction & Asset Management, Region of Durham, providing Council with a copy of their newsletter for the paving and road rehabilitation at the intersection of Highway 2 at Holt Road in Clarington. The work commenced during the week of June 10 and is expected to be completed in July. (Received for Information) James Knight, Chief Executive Officer, Federation of Canadian Municipalities (FCM), advising Council that at the 65th Annual FCM Conference from May 30 to June 3, seven federal cabinet ministers told delegates that the time had come to develop a new relationship with Canada's municipal governments. FCM is recommending permanent mechanisms and programs to address the needs that cabinet ministers have agreed must be met. A proposal on fiscal options has been prepared; FCM will soon provide members with a summary and talking points to be used in media interviews and meetings with Members of Parliament. (Received for Information) Norman Sterling, Minister of Transportation, writing to Kaye McOustra, Chair, School Council, Clarke High School, assuring her that the Ministry of Transportation is supportive of the community- level safety initiative and is working with both the police and the community in establishing Community Safety Zones (CSZ) on provincial highways. Staff from Mr. Sterling's Central Region Traffic Office are currently preparing the technical report concerning the Clarke High School application. (Received for Information) Association of Municipalities of Ontario (AMO), advising Council that Bill 30 proposes to protect from union sanctions those full-time firefighters who choose to volunteer for their local community fire departments (two-hatters). AMO strongly endorses the Bill as it establishes the principles of right to work as it protects these volunteers from union actions, which could result in the loss of their full-time employment as firefighters. At the same time, the interests of communities and ratepayers are protected and labour certainly is established. Two-hatters are important to many rural and small town fire departments as they provide expertise, training and leadership. (Received for Information) . . . . , Councii Minutes COMMUNICATIONS 1- 8 E07.GE 1-9 D21.GE 1- 10 C06.CL I - 11 C06.KA 1- 12 C06.SA 1-13 D21.GE -7- June 24, 2002 Kim Coates, Clerk, Township of Scugog, advising Council that the Township of Scugog on June 10,2002, endorsed the resolution by the City of Pickering indicating their readiness to be a participating Municipality in the Region's acceptance of all waste management powers subject to certain conditions. (Received for Information) Kim Coates, Clerk, Township of Scugog, advising Council that the Township of Scugog on June 10,2002, endorsed the resolution by the City of Pickering supporting the Municipality of Clarington's bid to host the Iter Project. (Received for Information) Minutes of the Clarington Agricultural Advisory Committee Meeting dated May 9, 2002. (Received for Information) Minutes of the Kawartha Conservation Authority Meeting dated May 29,2002. (Received for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 14, 2002. (Received for Information) Steve Parish, Mayor, Town of Ajax, advising Council that the Town of Ajax reconsidered Item #3 of their resolution on the Iter project and decided to leave the original resolution intact as follows: "THAT the Town of Ajax reserve the right to bring forward additional environmental issues and request that Iter Canada pay the Town's costs of hiring an Environmental Consultant, if necessary, to address outstanding issues." Mr. Parish also advised that Ajax Council wishes to emphasize that it is not requesting an additional Environmental Assessment process. Item #3 is primarily intended to cover off a situation where supplementary information may be required to address an area of concern specific to the Town of Ajax in relation to the Iter project. (Received for Information) . Council Minutes -8- June 24, 2002 COMMUNICATIONS 1- 14 M02.GE Lisa McNee-Baker, Executive Director, Big Brothers & Sisters of Clarington, thanking Council and the Tourism Office for taking part in their annual Fruit Wine & Food Festival held on May 25th, at Archibald Orchards. This was the third year that the Municipality has agreed to assist in planning this event and generously covered the cost of promotion. Ms. McNee-Baker is pleased to say that the Fruit Wine & Food Festival is becoming one of the can't miss events of the year, proving that Clarington truly is the "greater part of the GTA". With the generous support of the Municipality, the community and Archibald Orchards, they raised over $3000 for their children's mentoring programs. (Received for Information) 1- 15 C10.MO M. de Rond, Clerk, Town of Ajax, advising Premier Eves that the Town of Ajax on June 10,2002, passed the following resolution: . "THAT the Council of the Town of Ajax endorse the resolution of the Durham Regional Police Services Board with respect to the Hadley Inquest recommendations." (Received for Information) I - 16 E06.GE Power Budd Energy Update, advising Council that the Ontario Energy Board has released a decision on the Hydro One distribution rate application. The Board did not approve Hydro One's proposed methodology for recovering the costs of its shared low-voltage (LV) system. According to the Board, "to burden these identifiable loads with costs of a service they have not used and are not using amounts to cross-subsidization." The Board accepted the arguments of the coalition of local distribution companies (LDC) represented by Power Budd, along with the arguments of AMPCO and Toronto Hydro, that recovery of the costs of the shared LV system should be based on a "user-pay" approach. As such, Hydro One was ordered to recover the costs of its shared LV system from those LDCs and Embedded Directs that are connected to the LV system and based on their use of the LV system. The shared LV charge will now be $0.56 per kW based on use of the LV system. (Received for Information) 1- 17 M06.GE Association of Municipal Managers, Clerks and Treasurers of Ontario, providing Council with an overview of the fiscal situation of the Provincial Budget. . (Received for Information) . Council Minutes - 9- June 24, 2002 COMMUNICATIONS I - 18 F11.GE M. Barbara Hicks, Conference Chair, Business and Professional Women's Club Bowmanviile, thanking Council for the financial assistance in making the 56111 annual Provincial Conference a very successful and enjoyable event. Many thanks to Councillors Rowe and MacArthur for bringing greetings from Council and supporting the opening ceremonies on Friday, May 31,2002. Ms. Hicks would like to also thank the staff of the Communications & Tourism Department. (Received for Information) 1- 19 M02.GE Hannah Yang, Coordinator, Fund Raising Events, Multiple Sclerosis Society of Canada, thanking Council for helping to make the 2002 Super Cities WALKs for MS such an amazing success. The Durham WALKs raised over $200,000 on WALK day. The three Durham WALKs were part of the 41 WALKs that took place across Ontario on Sunday, April 21. Over 27,000 WALKers participated and more than $3.1 million has been raised provincially. The money raised from the Durham WALKs will be used to fund national research projects and to provide services for persons with MS and their families living in the Durham Region. (Received for Information) . 1- 20 F11.GE Cathy Abraham, Chair, Newcastle Community Hall Board, thanking Council for granting the money requested for some much needed equipment and projects. Of the seven projects they have laid out for themselves this year with the money received, they have accomplished three so far. Plans are now underway to see that the remaining four projects are done as soon as possible. (Received for Information) 1-21 T08.GE Susan Larsh, Communications Committee Chair, Valleys 2000, thanking Council for the recent successful completion of the reconstruction of the roadway leading down into the Bowmanville Valley. The improved entrance off Roenigk below King Street is certainly a more pleasing entrance to the vailey and to the upgraded and newly designed trails. The co-operation of both Council and the municipal staff is much appreciated in assisting the volunteers to achieve the vision of restoring and enhancing the Bowmanville and Soper Creek Valleys as accessible, recreational and environmental amenities and to link the Waterfront Trail to the historic centre of Bowmanville. (Received for Information) . . . . Council Minutes COMMUNICATIONS 1-22 1-23 SOO.GE 1-5 SOO.GE 1-24 M06.GE - 10- June 24, 2002 Peter Balaban, Ministry of Environment and Energy, providing Council with a copy of the report on the Results of Chemical and Microbiological Testing of Atlantic Packaging Paper Fibre Biosolids and the Sound-Sorb Berm, Oshawa Skeet and Gun Club. An information session has been scheduled for Thursday June 27, 2002 at 6:30 p.m. at the Region of Durham Health Department. (Received for Information) Cheryl MacLeod, Executive Director, Hospice Durham, providing Council with a copy of their Annual Report. (Received for Information) John O'Toole, MPP, Durham, providing Council with a copy of the Honourable Tony Clement, Minister of Health and Long-Term Care, response to Clarington's resolution of support for the Township of West Grey regarding the supply of medical practitioners in Ontario. In May and June of 2001, Mr. Clement announced several initiatives supporting this strategy. These included: 1) an increase in medical school enrolment by 30%, 2) creation of a northern medical school, 3) an increase of post-graduate training positions by up to 25 in northern and rural communities, and 4) plans to streamline and more than double the province's capacity to assess, train and license foreign-trained doctors. This will produce up to 90 additional foreign-trained physicians each year who will be eligible to practice medicine in Ontario, with up to 40 of these physicians requiring sponsorship by underserviced communities. Resolution #C-370-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1- 5 be referred to Chris Kooy, Lakeridge Health Bowmanville and the Physician Recruitment Advisory Committee. "CARRIED" Association of Municipalities of Ontario (AMO), providing Council with the Association of Municipalities of Ontario's response to the Provincial Budget. AMO highlighted the following: . The balance of the 1999 commitment to a 20% reduction in residential education property tax rates is delayed until 2004; . . . Council Minutes COMMUNICATIONS - 11 - June 24, 2002 · Municipal program spending that existed prior to the budget would seem to be intact; . The Province is committed to an investment of over a half a billion dollars in the next two years on clean safe drinking water for the people of Ontario. Some $245 million of that funding is to be made available in 2002-03, a portion to be allocated to help municipalities upgrade their water systems; . Intention to give upper tiers and single tiers the option of lowering the current farm tax rate of 25% of the residential tax rate; . The government will consult with municipalities on the introduction of tax-free opportunity bonds. The Provincial intention is to assist municipalities as they borrow funds to maintain and/or improve their infrastructure; and . The government will consult with municipalities and the private sector in an effort to develop legislation that would enable tax-incentive zones in Ontario. Resolution #C-371-02 Moved by Councilllor Trim, seconded by Councillor Schell THAT Correspondence Item 1-24 be received for Information. "CARRIED" Correspondence Items D - 22 to D - 25, inclusive were received as handouts. Resolution #C-372-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 2, D - 4, D - 6 to D - 21, inclusive and D - 24. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 1 COPA.2001.002 D-3 M02.GE D-5 M04.GE - 12- June 24, 2002 David and Cindy Bosy, requesting Council not to consider the Courtice Highway 2 Corridor Study until such time as the study and accompanying map are revised to include their existing property (1690 Highway 2). They have lived on this property for almost 15 years and spent a considerable amount on renovations in hopes that the cost could be recovered when the property was ultimately developed for office or commercial use. They are aware of the requirement of an environmental impact study to determine the top of bank. They trust that the study will be funded by the Municipality as a requirement of rezoning. (Correspondence referred to the Director of Planning Services) David Staples, Orono Parade Chairman, requesting Council's permission to hold the following annual Durham Central Fair Parades (Orono), 1. Elementary School Children's Parade - Friday, September 6, 2002 2. Fair Parade - Saturday, September 7, 2002 The Durham Central Fair is celebrating its 150th anniversary and there will be may special events to commemorate this occasion. (Approved provided organizers apply for and obtain a road occupancy permit) Otto Provenzano, President, 988925 Ontario Inc., advising Council that he feels that Courtice would greatly benefit from extending the downtown core east to Trulls Road. With this in mind, 988925 Ontario Inc. and Mr. Provenzano would be willing to share in the cost to put in the services (sewers, water, etc.) needed in relation to the frontage of 1413 King Street East (north side). Placing the service down the middle of the road, as in the rest of Highway 2 would benefit all homes and land now and in the future. With everyone assisting in the cost of the services, the reconstruction of the road would be left to the Region and the Municipality of Clarington. Incorporating the services in the road and developing the Highway 2 as commercial property would be of great benefit for Clarington's future. (Correspondence referred to the Director of Planning Services) . Council Minutes COMMUNICATIONS D -22 D - 23 D-25 . D-2 P01.GE . - 13 - June 24, 2002 Carl DeFaria, Minister of Citizenship, announcing the 2002 Ontario Medal for Good Citizenship and inviting Council to participate in this program by nominating a deserving citizen. The deadline for receiving nominations is July 26, 2002. (Correspondence referred to the Municipal Clerk to place an advertisement in the local newspaper) Brian Vanstone, requesting Council's permission to close Lownie Court, Bowmanville, to traffic on Sunday, June 30, 2002, from 1 :00 p.m. until dark. The neighbourhood has planned a barbeque, dunk tank and a jumping castle. (Approved provided the organizers apply for and obtain a road occupancy permit) Derek Baird, requesting Council to support his rezoning application of 1603 Highway NO.2 to permit the existing professional office use on a permanent basis. (Correspondence referred to the Director of Planning Services) Lynne Dennis, President, Port Darlington Community Association Inc., writing on behalf of the Port Darlington Community Association which represents 110 households of East Beach, West Beach, Cove, Cedarcrest Beach and Watson Roads, to express their concern and ask for assistance in regards to the matter of the unsafe, unsightly, and they believe, unlawful storage housed on the grounds of a firm in their area. The firm calls itself "Outside Storage", which fronts on Port Darlington Road north of the railway tracks, an area zoned "M2". They believe that, according to Clarington's Industrial By-laws for an M2 zone, the operations of this business contravene: . Section 24.1 (b) (x): regarding outside storage of goods and materials. Presently the business provides storage for hundreds of rusty and new propane tanks, large propane supply tanks, rusty dilapidated unlicensed cars, trucks, truck trailers, junk, tent trailers, which are not "accessory and incidental to a permitted use"; In fact, there appears to be a separate business operated upon those premises to fill and refill propane tanks. Hundreds are brought in and out by the truckload, and filled from large supply tanks; . . . . Council Minutes COMMUNICATIONS D-4 M02.GE - 14- June 24, 2002 . Section 24.3 (a): contrary to this by-law, these articles are not "in rear or interior sideyard, no closer to a public street than any principal structure and no closer than 1.20 metres to rear or interior side lot line"; . Section 24.3 (b): outside storage is "in excess of 70% of total lot area" and . Section 24.3 (c): there is no "screening from public street". Resolution #C-373-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 2 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" William Krywucyk, requesting permission to close Hooper Square from 61 Hooper Square to 91 Hooper Square on July 27,2002 or rain date of July 28, 2002, for a benefit barbeque. Tim Hick is a 29- year old father, husband, son, brother, nephew, cousin and good friend. On August 4, 2001, his life was changed in an instant. While spending the weekend at his in-laws' cottage, Tim was injured in a freak accident. He was swimming and called to his dog Georgia. She jumped off the dock and landed on his neck, crushing his C5 and C6 vertebrae, leaving him instantly immobilized. Modifications to Tim, Wendy and Evan's house are required in order for Tim to come home. Equipment needs to be purchased that will give him independence. Unfortunately, not all of these items are provided under OHIP or covered by insurance. A fund raiser is being planned to help raise money to pay for these essentials. Resolution #C-374-02 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the request from William Krywucyk to close Hooper Square be approved provided the organizers apply for and obtain a road occupancy permit. "CARRIED" . . . Council Minutes COMMUNICATIONS D-6 C10.MO - 15- June 24, 2002 Bob Rantz, CAO., Town of Petawawa, advising Council that the Town of Petawawa on June 3,2002, passed the following resolution: 'WHEREAS the Ontario Hospital Association in its 2001 labour market survey report has indicated that: The average age of the hospital professional workforce is 42 years; and That approximately one-quarter of Registered Nurses, Registered Practical Nurses and Personal Support Workers are in the 50 - 59 year age range, with the majority of the remaining nursing workforce in the 40 - 49 age range; and That over 51 per cent of physicians are 50 years of age or older, with 21 per cent over 60; and WHEREAS the three main outcomes of human resources shortages related to patient care are anticipated to be emergency room overcrowding, increased waiting time for surgeries and the inability to open new beds; BE IT RESOLVED that the Council of the Town of Petawawa petition the Ministers of both Health and Colleges and Universities to put plans in place immediately to address the anticipated labour shortage of these groups of first line health providers; and further THAT the Town Council of Petawawa circulate this motion to the Council of the County of Renfrew, the M.P.P. for this riding and other Ontario municipalities for their endorsement." Resolution #C-375-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT the resolution of the Town of Petawawa regarding the 2001 Labour Market Survey be endorsed by the Council of the Municipality of Clarington. "CARRIED" . Council Minutes COMMUNICATIONS - 16- June 24, 2002 Carolyn Downs, Manager Council Support/City Clerk, City of Kingston, advising Council that the City of Kingston on May 21, 2002, passed the following resolution being Clause 3 of Report No. 56: D-7 C10.MO "3. WHEREAS the Ontario Government passed Bill 140, The Continued Protection for Property Taxpayers Act, 2000, that results in a mandatory tax capping scheme for commercial, industrial and multi-residential properties, which limits assessment-related tax increases to 5%; assessment and taxation reforms, implemented in 1998, being delayed to perpetuity; continuation of significant inequities in the taxation of these properties across the province; protection to newly constructed properties at the expense of older properties; unfair, inconsistent and unaccountable system of property assessment and taxation; certain properties to pay tax levels in excess of 100% and, in many instances, in excess of 200% of CVA tax (current value assessment tax rate); i) ii) iii) iv) v) . vi) THEREFORE BE IT RESOLVED THAT this Council urge the Ontario Government and the Premier to either: A) Provide the appropriate funds to each municipality to finance the amount of foregone revenues (costs of the capping program), as determined in accordance with the application of the 5% limit on tax increases; or B) Amend the Municipal Act to change the tax-capping scheme (5% limit on tax increases) to be a phase-in program that will i) be effective beginning in the 2004 taxation year and end preferably in 3 years, but not more than 5 years; ii) . be a fixed annual adjustment in each year, which will be, for increasing properties, the 2003 cap adjustment divided by the number of years provided in the preceding paragraph; . . . Council Minutes COMMUNICATIONS D-8 P14.GE - 17- June 24, 2002 ii) not include any properties that are new construction or new to class beginning in taxation year 2004; iv) allow municipalities to fund the program through withholding decreases or municipal budgets; v) require that the minimum yearly phase-in increase be the greater of the fixed annual adjustment (ii above) or $1,000.00, and; vi) remove a property class from the phase-in program when its tax ratio is within the range of fairness; AND FURTHER THAT Council forward this resolution for endorsement to the Association of Municipalities of Ontario (AMO); all municipal councils through the Association of Municipalities of Ontario's fax services; the Municipal Finance Officers Association (MFOA); the Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO); AND FURTHER THAT the report (Report No. C118) be attached to the resolution that is being sent to the Provincial Government and the Association of Municipalities of Ontario, the Municipal Finance Officers Association, the Association of Municipai Managers, Clerks and Treasurers of Ontario and the Association of Municipal Tax Collectors of Ontario." Resolution #C-376-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 7 be received for information. "CARRIED" Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on May 9, 2002, passed the following resolution: "THAT Council recognize Willsona Farms as a Master Holstein Breeder." Glenn and Lorrie Willson, owners of Willsona Farms received their first Master Breeders Shield in April 2002. The Master Breeder Shield recognizes excellent breeding and maintenance of a herd of above average animals in type and production. . . . , . Council Minutes COMMUNICATIONS D - 9 C10.MO - 18 - June 24, 2002 Resolution #C-377-02 Moved by Councilior MacArthur, seconded by Councillor Robinson THAT Correspondence Item D - 8 be referred to the Mayor's office. "CARRIED" Sharon Wilkinson, Clerk Administrator, Township of Montague, advising that the Township of Montague on April 16, 2002, passed the following resolution: "THAT this Council request the Minister of Consumer and Business Services re-evaluate their legislation in regards to the treatment of seniors in regards for obtaining necessary documentation for birth certificates and other vital documents; WHEREAS the Township of Montague has many seniors as ratepayers whose birth records, school records and/or church records have been either poorly recorded or destroyed due to age; AND WHEREAS the legislation is excessively restrictive and not considerate of the needs of Ontario's seniors; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of Montague respectfully request that the legislation be changed to better reflect the current situation of Ontario's Seniors, who have been residents and ratepayers and voters, Council also requests that a copy of this resolution be forwarded to the Minister of Health, as their requirements in regards to requirements for health cards and other vital health documentation is also restrictive to Ontario's seniors." Resolution #C-378-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT Correspondence Item D - 9 be received for information. "CARRIED" . . . , . Council Minutes COMMUNICATIONS D - 10 F11.GE D - 11 C10.MO - 19- June 24, 2002 Grace Moores, Hampton Citizens Association, requesting Council to help fund their upcoming 3rd annual Family Fun Day in Hampton on September 14, 2002. The Hampton Citizens Association has been active as a community enhancement committee since May 1999. Their primary events for this year are the Pond Recovery Project (on-going), Community Harvest Dance and their Family Fun Day. This year they will not be receiving funding from their previous local sources and feel in danger of losing the event or having to charge much larger fees for all activities and food. Resolution #C-379-02 Moved by Councillor Schell, seconded by Councillor Pingle THAT Correspondence Item D - 10 be received for information; THAT the Hampton Citizens Association be advised of the Municipality's Grant Policy; THAT Correspondence Item D - 10 be referred to the Communications and Tourism Office; and THAT Grace Moores be advised of Council's decision. "CARRIED" Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of Oshawa on June 10, 2002, passed the following resolution: "1. THAT the delegation of Brad Levantis, Commander, City of Oshawa Marine Rescue Association (COMRA) be received for information and that City Council support COMRA's initiative on securing sources of funding from affected municipalities; 2. THAT a working Committee be struck to participate in discussions with COMRA concerning vessel replacement and that a representative from City Council, Fire Services, affected municipalities, the Region of Durham, Durham Regional Police Services and the Federal Government be requested to participate; and 3. THAT COMRA make representation to the Durham Regional Police Service for input." . . . Council Minutes COMMUNICATIONS D - 12 C10.MO - 20- June 24, 2002 Resolution #C-380-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 11 be received; THAT Correspondence Item D - 11 be referred to the Director of Emergency Services to investigate the working committee referenced in the correspondence; and THAT a representative of COMRA be invited to attend a future Council meeting to provide a presentation regarding COMRA's initiative. "CARRIED" Barbara L. Sampson, Clerk, Town of Minto, advising Council that the Town of Minto passed the following resolution: "WHEREAS the Council of the Town of Minto perceive there to be an unhealthy reduction in the fish and bait fish population of our streams and rivers; AND WHEREAS the harvest statistics confirm the increase in bait fish harvest; AND WHEREAS there are no quotas in a self-regulated bait fish harvest resulting in suspected violation of the intended guardianship of our streams and rivers; AND WHEREAS there is a prime concern that the inappropriate bait fish harvest is jeopardizing the future population; THEREFORE BE IT RESOLVED THAT the Council of the Town of Minto request the Minister of Natural Resources review and address the existing licensing and monitoring legislation and procedure to result in an increase in fish population in rural streams and rivers; AND IT IS FURTHER RECOMMENDED THAT: 1. A restricted bait fish harvest be implemented to control timing, licensee, quotas and area; . . . Council Minutes COMMUNICATIONS D -13 C10.MO - 21 - June 24, 2002 AND IT IS FURTHER RECOMMENDED THAT: 1. A restricted bait fish harvest be implemented to control timing, licensee, quotas and area; 2. Reduce the number of bait fish allowed per angling license to three dozen in your possession; 3. The Ministry of Natural Resources increase their monitoring and enforcement control throughout the Province; 4. The "transfer of live fish" section in the regulations be strictly enforced; AND FURTHER THAT a copy of this resolution be sent to all member municipalities of A.M.O." Resolution #C-381-02 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Item D -12 be referred to the Conservation Authorities. "CARRIED" Louise Gartshore, City Clerk, City of Woodstock, advising Council that the City of Woodstock on June 6, 2002, passed the following resolution: "WHEREAS the Ontario minimum wage rate is below the Low Income Cut-Off (L1CO) set by the Federal Government; and WHEREAS minimum wage workers are primarily adults and women; and WHEREAS the "double cohort" of high schools will graduate in 2003; and WHEREAS the minimum wage rate has been frozen since 1995 in Ontario; and WHEREAS some corporations make billions of dollars in profits, while paying a poverty wage; and . . . Council Minutes COMMUNICATIONS D -14 P16.GE - 22- June 24, 2002 WHEREAS an increase has only marginal effects on employment; and WHEREAS raising the minimum wage rate would have beneficial effects on the economy though increased consumer spending; THEREFORE be it resolved that the Government of Ontario increase the minimum wage to $8.00 per hour; and BE IT FURTHER THAT the Government of Ontario index the minimum wage to the Consumer Price Index yearly; and BE IT FURTHER RESOLVED THAT Woodstock Municipal Council forward this resolution to all municipalities in Ontario requesting their support." Resolution #C-382-02 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the resolution of the City of Woodstock requesting the Province of Ontario to increase the minimum wage be endorsed by the Council of the Municipality of Clarington. "CARRIED" Norman K. Kyle, CAO, Corporation of the Township of Smith- Ennismore-Lakefield, providing Council with a copy of a letter that the Township of Smith-Ennismore-Lakefield sent to the Honourable Bob Runciman, Minister of Public Safety and Security regarding Public Fire Safety Guideline 04-08-12, December 2001 and March 2000. Mr. Kyle is requesting Council's support of their request. Resolution #C-383-02 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item D - 14 be referred to the Director of Emergency Services. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 15 M02.GE D - 16 M02.GE - 23- June 24, 2002 Carl DeFaria, Minister of Citizenship, requesting Council to participate in the 2002 Senior Achievement Award Program by nominating a deserving senior. The deadline for receiving nomination forms is July 12, 2002. The province will recognize 20 individuals at a ceremony to be held this fall. This year, the Senior Achievement Awards will once again highlight the significant voluntary or professional achievements made by individuals after they have reached the age of 65. Resolution #C-384-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D -15 be referred to the Clarington Older Adults Association. "CARRIED" Anna Halkidis, Traffic Safety Co-ordinator, Public & Government Affairs, CAA Central Ontario, requesting Council to promote the Traffic Safety Officer of the Year Award. The award recognizes the officer's dedication to ensuring the safety of the citizens living in their communities, through their commitment to traffic safety programs. They would like to make all police jurisdictions and their communities aware of the awards. Police officers make a huge contribution to ensure our safety. Deadline for nominations is August 31,2002. Resolution #C-385-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Corres~ondence Item D - 16 be referred to Inspector Cameron, 161 Division, Durham Regional Police. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 17 - 24- June 24, 2002 Andrea Rivest, Town Clerk, the Corporation of the Town of Lakeshore, advising Council that the Town of Lakeshore on May 13, 2002, passed the following resolution: "WHEREAS the Tile Drainage Act empowers municipalities to pass by-laws authorizing the borrowing of money from the Treasurer of Ontario for the purpose of lending money for the construction of drainage works and the issuance of debentures by municipalities on its behalf; AND WHEREAS interest rate assessed by the Province on tile loans have remained consistent at 8% for a considerable length of time irrespective of significant reductions in interest rates which have occurred over the years; AND WHEREAS other Provincially-funded initiatives administered by municipalities have lesser interest rates attributable to various programs (i.e. Shoreline Property Assistance Loans); AND WHEREAS the agricultural community has experienced significant hardships over the past several years and has been supplemented through various Government initiatives; AND WHEREAS the Tile Drainage Act specifies that the interest rates applicable to debentures, both before and after maturity issued under the Act shall be determined from time to time by the Lieutenant Governor in Council; AND WHEREAS it is deemed necessary and advisable in the interests of equality and welfare to the farming community in the Province of Ontario to evaluate and reduce the interest rates assessed to loans administered under the Tile Drainage Act to a more equitable and reasonable rate; NOW THEREFORE BE IT RESOLVED that the Corporation of the Town of Lakeshore requests that the Province of Ontario reduce the interest rate assessed on loans administered under the Tile Drainage Act to a more equitable rate; . . . Council Minutes COMMUNICATIONS D -18 A01.FE D -19 C06.CL - 25 - June 24, 2002 AND FURTHER, that a copy of this resolution be circulated to all municipalities in Ontario for their support, to the Minister of Agriculture, Food and Rural Affairs, as well as, to our member of Provincial parliament." Resolution #C-386-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution of the Corporation of the Town of Lakeshore regarding tile loan interest rates be endorsed by the Council of the Municipality of Clarington; and THAT a copy of the correspondence be forwarded to the Clarington Agricultural Advisory Committee and the Durham Agricultural Advisory Committee. "CARRIED" Jack Layton, Immediate Past President, Federation of Canadian Municipalities, requesting Council to purchase the Exploring Harmony Educational Resource Kit based on the contents of the national exhibition. The kit addresses such diversity issues as race and ethnicity, class, family, gender, age, ability and regionalism. The cost of the kit is $200.00. Resolution #C-387-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item D - 18 be received for information. "CARRIED" Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on June 13, 2002, passed the following resolution: "WHEREAS the protection of Ontario's water resources including groundwater and surface water is very important and that confidence in our drinking water must be regained; WHEREAS the agricultural community is equally concerned about the quality of Ontario's groundwater, surface water and drinking water resources; . . . Council Minutes COMMUNICATIONS D - 20 C06.CL - 26- June 24, 2002 WHEREAS the agricultural community is under extreme financial pressure and that the cost of protecting Ontario's water resources shall not fall solely on the agricultural community; NOW THEREFORE BE IT RESOLVED that the Clarington Agricultural Advisory Committee invites government and government agencies to initiate a program that will make available financial incentives to the agricultural community in Durham Region, sharing the cost of those improvements that will help protect Ontario's water resources; and THAT Council be requested to endorse this resolution and forward this resolution to the Region of Durham, all local municipalities within Durham Region, all Conservation Authorities within Durham Region, Durham Agricultural Advisory Committee, Durham Watershed Stewardship Council, The Ministry of Agriculture and Food, Durham Federation of Agriculture, Christian Farmers' Federation of Ontario, John O'Toole, MPP, Jerry Oullette, MPP, Honourable Jim Flaherty, MPP, Honourable Janet Ecker, MPP, and Julia Munro, MPP." Resolution #C-388-02 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution of the Clarington Agricultural Advisory Committee regarding the protection of Ontario's water resources be endorsed by the Council of the Municipality of Clarington. "CARRIED" Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on June 13,2002, passed the following resolution: ''THAT Clarington take the initiative and make a proactive approach and erect slow moving farm vehicle signs on Clarington's Roads." . . . Council Minutes COMMUNICATIONS D - 21 - 27- June 24, 2002 Resolution #C-389-02 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the resolution of the Clarington Agricultural Advisory Committee regarding slow moving farm vehicles be endorsed by the Council of the Municipality of Clarington. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-390-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT the foregoing Resolution #C-389-02 be amended by adding the following thereto: ''THAT Correspondence Item D - 20 be copied to the Regional Municipality of Durham to ensure consistency in the erection of signs throughout the Region." "CARRIED" The foregoing Resolution #C-389-02 was then put to a vote and "CARRIED AS AMENDED." Resolution #C-391-02 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item D - 21 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" . . . Council Minutes COMMUNICATIONS D-24 REPORTS Report #1 G.PA Report June 17, 2002 - 28- June 24, 2002 Carl DeFaria, Minister Responsible for Seniors, requesting Council to proclaim the month of June as Seniors' Month in Ontario. The theme of this year's celebration is "Learning for Life." Resolution #C-392-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT the request from Carl DeFaria, Minister Responsible for Seniors to proclaim the month of June as Seniors' Month be approved. "CARRIED" Resolution #C-393-02 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken by the General Purpose and Administration Committee on June 17, 2002, be approved with the exception of Item #7 of Report #1. "CARRIED" Mayor Mutton disclosed a pecuniary interest with respect to Item #7 of Report #1, and refrained from discussion and voting on the subject matter. Mayor Mutton's father is employed by the applicant. Councillor Trim chaired this portion of the meeting. Resolution #C-394-02 Moved by Councillor Schell, seconded by Councillor Pingle THAT Report PSD-066-02 be received; THAT Amendment No. 28 to the Clarington Official Plan to permit a parking lot in association with an existing motor vehicle sales establishment be adopted, and that the necessary by-law be passed; . . . Council Minutes REPORTS Report #2 - 29- June 24, 2002 THAT the rezoning application to permit a parking lot in association with an existing motor vehicle sales establishment be approved, and that the necessary by-law be passed; THAT a copy of Report PSD-066-02 be forwarded to the Region of Durham; and THAT all interested parties listed in Report PSD-066-02 and any delegation be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Pecuniary Council Member Yea Nay Interest Absent Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mayor Mutton X Mayor Mutton reassumed the chair. Resolution #C-395-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report EGD-36-02 be received; THAT Part 14, Plan 10R-3804, being lands set out for a road widening on Haines Street be open and dedicated as public highway (Attachment #1 to Report EGD-36-02); THAT Part 17, Plan 10R-3804, being a one foot reserve on Haines Street be lifted and Part 17, Plan 10R-3804 be open and dedicated as public highway (Attachment #1 to Report EGD-36-02); . . . Council Minutes REPORTS Report #3 - 30- June 24, 2002 THAT Staff be authorized to advertise a public hearing, as required by the Municipal Act, to open, dedicate and assume Parts 14 and 17, Plan 1 OR-3804 as public highway; THAT, provided no objections are registered, Council pass the appropriate proposed by-laws to open, dedicate and assume Parts 14 and 17, Pan 10R-3804; THAT, if following the public hearing, Council approves the by-law to open, dedicate and assume Parts 14 and 17, Plan 10R-3804 as public highway, the Mayor and Clerk be authorized to execute the necessary documents to complete the transaction; and THAT Mr. David Clark, Solicitor, Ontario Independent Crematoriums, be advised of Council's decision. "CARRIED" Resolution #C-396-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT Council approve the request made by Claret Investments Ltd. And 1361189 Ontario Limited (collectively the "Owner") that Council exercise the Municipality's rights under paragraph 2.16 of the Subdivision Agreement between the Municipality, Macourtice Developments Inc. and Canada Trustco Mortgage Company dated September 3, 1991, and registered in the Land Registry Office as Instrument No. NL34844 to exercise an Option to Purchase the Future Detention Pond Site as Part 1 on Plan 40R-13921 subject to the Owner entering into an agreement with the Municipality satisfactory to the Director of Planning Services to indemnify the Municipality against all costs associated with the exercise of the Option to Purchase and complete the resulting contract of purchase and sale, as more particularly described in the letter from the Municipality's Solicitor to the Owner dated June 18, 2002, contained in Attachment 2 to Report PSD-074-02; THAT Council authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to enter into the agreement with the Owner which is referred to in the recommendation above; . . . Council Minutes REPORTS Report #4 Report #5 - 31 - June 24, 2002 THAT Council pass a by-law to authorize the Mayor and Municipal Clerk on behalf of the Municipality of Clarington to exercise the Option to Purchase the Future Detention Pond Site shown as Part 1 on Plan 40R-13921 from Macourtice Developments inc. in accordance with paragraph 2.16 of the Macourtice Subdivision Agreement; THAT all interested parties listed in Report PSD-074-02 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-397 -02 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report PSD-075-02 be received; THAT the Mayor and Clerk be authorized on behalf of the Municipality to execute a Development Agreement between Ridge Pine Park Inc. and the Municipality of Clarington which provides among other things for the transfer of lands for the Waterfront Trail that have certain interests and encumbrances registered against said lands; THAT the by-law attached to Report PSD-075-02 be approved by Council; and THAT all interested parties listed in Report PSD-075-02 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-398-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report COD-36A-02 be received; THAT a sponsorship of $500.00 be approved to support the Courtice High School Electric Car program. "CARRIED" . . . Council Minutes REPORTS - 32- June 24, 2002 Resolution #C-399-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Confidential Report PSD-076-02 regarding a legal matter, Confidential Verbal Report from the Director of Corporate Services regarding a legal matter and Confidential Report FND-011-02 regarding a legal matter be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-400-02 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Addendum to Report CLD-017-01 be received; THAT Report CLD-017-02 be received; THAT the Council procedures be amended to allow for individuals who contract the Municipal Clerk's Department by 5:00 p.m. Friday to appear as a delegation at the following Committee or Council meeting; THAT the appropriate by-law, included as Attachment NO.2 to the Addendum to Report CLD-017-01, be forwarded to Council for approval; and THAT all interested parties and any delegations be advised of Council's decision. "CARRIED" . . . Council Minutes - 33 - June 24, 2002 UNFINISHED BUSINESS BY-LAWS Resolution #C-401-02 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-073-02 be received for information; THAT Addendum Report PSD-073-02 be received; THAT the request for removal of Part Lot Control with respect to Lots 1 to 44 inclusive, on Plan 40M-1994 be approved and that the attached Part Lot Control By-law be passed pursuant to Section 50(7.1) of the Planning Act; THAT prior to applicant's depositing the reference plans for Lots 9 to 44 on title, the Owner is to submit said plans for the review and approval of the Municipality; and THAT all interested parties listed in Addendum to Report PSD-073-02, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. "CARRIED" By-laws 2002-096 and 2002-097 were considered later in the meeting. (see page 36) Resolution #C-402-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2002-098 to 2002-121, inclusive, and that the said by-laws be now read a first and second time: 2002-098 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Tunney Planning Inc.) 2002-099 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Orchard Park Estates (Bowmanville) Inc.) . . . Council Minutes BY-LAWS - 34- June 24, 2002 2002-100 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (George Smith) 2002-101 being a by-law to exempt a certain portion of Registered Plan 40M-1994 from Part Lot Control (1441660 Ontario Inc.) 2002-102 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S- C-2001-003 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2001-003 2002-103 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-99007 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-99007 2002-104 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T -87034 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -87034 2002-105 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Town of Newcastle 2002-106 being a by-law to authorize the execution of a Lease Agreement between the Corporation of the Municipality of Clarington and Clarington Kids Inc. in respect of a lease for space located in the Courtice Community Complex, Courtice, Ontario 2002-107 being a by-law to authorize the execution of an Offer to Lease Agreement between the Corporation of the Municipality of Clarington and the Bethesda House of Mercy, in respect of a lease for the premises situated at 150 Port Darlington Road, Bowmanville, Ontario 2002-108 being a by-law to authorize the execution of an agreement with S-N Diesel for the lease of one transit bus to be used within the Municipality of Clarington . . . Council Minutes BY-LAWS - 35- June 24, 2002 2002-109 being a by-law to establish rates and fares to be charged by the operator(s) of the Clarington Transit Service within the Municipality of Clarington 2002-110 being a by-law to establish certain lands as public highways in the Municipality of Clarington 2002-111 being a by-law to establish certain lands as public highways and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2002-112 being a by-law to establish certain lands as public highways and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2002-113 being a by-law to authorize the execution by the Mayor and Clerk of an Automatic Aid Agreement with the City of Oshawa to respond to Highway 401 for emergencies 2002-114 being a by-law to amend By-law 95-55, a by-law to govern the proceedings of the Council of the Municipality of Clarington, any of its Committees, the conduct of its Members, and the calling of meetings 2002-115 being a by-law to exempt a certain portion of Registered Plan 40M-1994 from Part Lot Control 2002-116 being a by-law to appoint Members of the Clarington Traffic Management Committee for the Municipality of Clarington 2002-117 being a by-law to authorize the entering into a Development Agreement with Ridge Pine Park Inc. and any Mortgagee who has an interest in the said lands and the Municipality of Clarington in respect of the development of Phase 6 of the Wilmot Creek Community 2002-118 being a by-law to approve the maintenance and operation of the public bus transportation system by the City of Oshawa within the Bowmanville Area of the Municipality of Clarington . . . Council Minutes BY-LAWS - 36- June 24, 2002 2002-119 being a by-law to Adopt the Estimates of all Sums Required during the year and to Strike the Rates of Taxation for Municipal Purposes for the Year 2002 2002-120 being a by-law to approve the exercise of an Option to Purchase of Part 1 on Plan 40R-13921 by the Municipality of Clarington (Report PSD-074-02) 2002-121 being a by-law to authorize the execution of an agreement on behalf of the Municipality of Clarington, Claret Investments Ltd. and 1361189 Ontario Limited respecting costs associated with the exercise of an Option to Purchase by the Municipality Part 1 on Plan 40R-13921 (Report PSD-074-02) "CARRIED" Mayor Mutton disclosed a pecuniary interest with respect to By-laws 2002-096 and 2002-097, and refrained from voting on the subject by-laws. Mayor Mutton's father is employed by the applicant. Councillor Trim chaired this portion of the meeting. Resolution #C-403-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2002-096, being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-404-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2002-097, being a by-law to adopt Amendment No. 28 to the Clarington Official Plan and that the said by-law be now read a first and second time. "CARRIED" . Council Minutes - 37- June 24, 2002 BY-LAWS Mayor Mutton reassumed the chair. Resolution #C-405-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the third and final reading of By-laws 2002-096 to 2002-121, inclusive, be approved. "CARRIED" OTHER BUSINESS Resolution #C-406-02 Moved by Councillor Schell, seconded by Councillor Trim THAT the delegation of Peter Watson be received with thanks. . "CARRIED" Regional Update Resolution #C-407 -02 Moved by Councillor MacArthur, seconded by Councillor Robinson WHEREAS the Region of Durham has recently passed the Financial Business case for a new consolidated Regional Administrative Headquarters; WHEREAS the primary responsibility of the Council of the Region of Durham is to exercise due diligence in expenditure of taxpayers resources; WHEREAS the construction and associated costs in the projected new building will exceed the existing annual expenditure of funds for leasing of facilities; WHEREAS the future role and responsibilities of the Region is not defined; . WHEREAS a sitesearch looking at innovative proposals has not been explored; WHEREAS the economic impact of removing Regional facilities out of their current location is unknown; . . . Council Minutes OTHER BUSINESS Board and Committee - 38- June 24,2002 NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington does not support proceeding with a new Regional Headquarters based on the current Financial Business Case; and THAT this resolution be copied to all Durham Municipalities, the Region of Durham and all Durham MPP's." "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Pecuniary Council Member Yea Nav Interest Absent Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mayor Mutton X Councillor Trim advised Council that he attended a Health and Social Services Committee Meeting on June 6, 2002, regarding Canada/Ontario Affordable Housing Program. Councillor Trim indicated that 500 units may be available for the Region of Durham. Councillor MacArthur advised Council that the Bowmanville Museum will be holding a Canada Day Celebration starting at 11 :00 a.m., July 1, 2002. Councillor Robinson invited all Members of Council to the Kendal Fun Day being held on July 20th and wished staff a good summer. Councillor Rowe advised Council that the Protect the Ridges results have been received and that an information session has been scheduled for Thursday, June 27, 2002, at 6:30 p.m. at the Region of Durham Health Department. . . . Council Minutes OTHER BUSINESS COMMUNICATIONS D-2 P01.GE - 39- June 24, 2002 Councillor Schell advised that the Bowmanville BIA had a successful Fabulous 50s Street Sale that was well attended. Councillor Trim advised Council that at the regular Health and Social Services Meeting members were updated regarding the Sound-Sorb Berm. Councillor Trim thanked the Operations Department for their work at the Visual Arts Centre. They have been removing beams and replacing the roof of the storage area that has been used by the Baseball Association for years. Mayor Mutton advised Council that the luncheon with Bob Rae was very informative and Mr. Rae expressed great appreciation of the community with regards to the Iter Project. The Mayor also advised that on June 26, 2002, there will be an opening ceremony for Hunter's Bridge. Resolution #C-408-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for 10 minutes after which time the meeting be "closed" to consider Correspondence Item D - 2 regarding a legal matter, Correspondence Item D - 21 regarding a personnel matter, Confidential Reports PSD-076-02, FND-011-02 and a Confidential Verbal Report from the Director of Corporate regarding legal matters. "CARRIED" Lynne Dennis, President, Port Darlington Community Association Inc., writing on behalf of the Port Darlington Community Association which represents 110 households of East Beach, West Beach, Cove, Cedarcrest Beach and Watson Roads, to express their concern and ask for assistance in regards to the matter of the unsafe, unsightly, and they believe, unlawful storage housed on the grounds of a firm in their area. The firm calls itself "Outside Storage", which fronts on Port Darlington Road north of the railway tracks, an area zoned "M2". They believe that, according to Clarington's Industrial By-laws for an M2 zone, the operations of this business contravene: . . . Council Minutes COMMUNICATIONS OTHER BUSINESS - 40- June 24, 2002 . Section 24.1 (b) (x): regarding outside storage of goods and materials. Presently the business provides storage for hundreds of rusty and new propane tanks, large propane supply tanks, rusty dilapidated unlicensed cars, trucks, truck trailers, junk, tent trailers, which are not "accessory and incidental to a permitted use"; . In fact, there appears to be a separate business operated upon those premises to fill and refill propane tanks. Hundreds are brought in and out by the truckload, and filled from large supply tanks; . Section 24.3 (a): contrary to this by-law, these articles are not "in rear or interior sideyard, no closer to a public street than any principal structure and no closer than 1.20 metres to rear or interior side lot line"; . Section 24.3 (b): outside storage is "in excess of 70% of total lot area" and . Section 24.3 (c): there is no "screening from public street". Resolution #C-409-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 2 be referred to the Chief Administrative Officer, the Director of Planning Services and the Senior Municipal Law Enforcement Officer. "CARRIED" Resolution #C-41 0-02 Moved by Councillor Pingle, seconded by Councillor Trim THAT the actions taken during the "closed" session of Council be ratified with the exception of those actions related to the Confidential Verbal Report of the Director of Corporate Services. "CARRIED" . . . Council Minutes OTHER BUSINESS - 41 - June 24, 2002 Resolution #C-411-02 Moved by Councillor Schell, seconded by Councillor Robinson WHEREAS the Council of the Municipality of Clarington is concerned that the proposed Co-Gen project being considered by the Veridian Board of Directors may impose substantial risk on the Municipality of Clarington as a Veridian shareholder; WHEREAS the due diligence exercise by the Board of Directors imposed maximum limits of acceptable risk and exposure for the project, which have been exceeded; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington declares that it is not in support of proceeding with the Co-Gen project; THAT the Council of the Municipality requests that the Veridian Board of Directors receive this resolution of Council and record in its minutes, the Municipality's request that the project not be approved, as the position taken by the Municipality; THAT the Shareholder's representatives be requested to support Clarington's position; and THAT the Shareholder Municipalities be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Council Member Yea Nav Declaration of Pecuniary I nte rest Abse nt Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mavor Mutton X . . . Council Minutes - 42- June 24, 2002 CONFIRMING BY-LAW ADJOURNMENT Mayor Mutton stated a pecuniary interest earlier in the meeting, vacated his chair and refrained from voting on the confirming by-law. Councillor Trim chaired this portion of the meeting. Resolution #C-412-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT leave be granted to introduce By-law 2002-122 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 24th day of June 2002, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-413-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the third and final reading of By-law 2002-122 be approved. "CARRIED" Mayor Mutton reassumed the chair. Resolution #C-414-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the meeting adjourn at 10:55 p.m. "CARRIED"