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HomeMy WebLinkAbout12/09/2002 < ~. . . , Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON December 9, 2002 Minutes of a regular meeting of Council held on December 9, 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, Ping Ie Councillor G, Robinson Councillor J, Rowe Councillor J, Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 8:53 p.m,) Director of Community Services, J, Caruana (attended until 8:53 p.m,) Director of Emergency Services/Fire Chief, M. Creighton (attended until 8:53 p.m.) Director of Planning Services, D, Crome (attended until 8:53 p.m,) Director of Operations, F. Horvath Director of Corporate Services, M. Marano (attended until 8:53 p.m.) Confidential Secretary to the Municipal Clerk, H, Keyzers (attended until 8:53 p.m,) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Robinson indicated that he would be disclosing a pecuniary interest with respect to Report COD-061-02 (Item #18 of Report #1) and By-law 2002-206. Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to Correspondence Item I - 18. ~. . . Council Minutes MINUTES PRESENTATIONS - 2- December 9, 2002 Resolution #C-645-02 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on November 25, 2002, be approved. "CARRIED" Resolution #C-646-02 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a special meeting of Council held on December 2, 2002, be approved. "CARRIED" Resolution #C-647-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Dr. Rackham and Frank Feldman be added to the list of delegations. "CARRIED" Rick Patterson and the Bowmanville Legion Pipes and Drum Band performed three songs for the Mayor and Members of Council. Mr. Patterson advised Council of their successes this year and noted that they will be holding a concert on May 10, 2003, at the Bowmanville High School. Council Minutes ~. PRESENTATIONS '. . - 3 - December 9, 2002 Bruce Taylor, Assistant Director, Community Services Department, advised Council of a pilot program for the Ontario 3M Community Coach Award Program. To be eligible to participate in the program, the nominees must achieve Level 8 of the 3M National Coaching Certification Program. This year's winner was nominated for his dedication to his sport. He has been a football coach for nearly 30 years. During his coaching career, two of his players have gone on to play professionally. He coaches teams nearly every evening form the beginning of May to the end of the season, At his home games, he also takes on the responsibility of cleaning up after both teams, and meeting with parents to answer any questions and deal with problems. To quote from his nomination, "He believes in fair play and respect for other players, coaches and officials. He brings out the best in all his players, His motto is encourage - don't discourage." Mayor Mutton along with John O'Toole, MPP, presented the Ontario 3M Community Coach Award to Joe Szimanski. Jennifer Cooke, Marketing and Tourism Officer, Corporate Services Department, provided Council with a slide presentation regarding the Clarington Photo Contest. The Photo Contest began in August of this year and submissions were received until November 8th. The theme of the photos was "People, Places and Things in Clarington." During the submission period the Communications & Tourism Office received almost 200 photos, The photos that were received will be used by the Communications & Tourism Office in municipal publications such as the Clarington Visitors Guide and Community Guides. They will also find their way onto the Clarington's web site and other promotional materials. The winners are as follows: First Place - Laura Norton-Stephens Second Place - Pierre Tremblay Third Place - Carol Lamont Mayor Mutton advised that on Friday, December 6, 2002, Council attended a Study Session. Several items of concern were brought forward. Mayor Mutton addressed the following: . interchange improvements at Waverley Road/401; and . the dormant industrial reserve fund. Council Minutes '. PRESENTATIONS DELEGATIONS '. . -4- December 9,2002 Mayor Mutton also advised Council of his meeting with the Chief of Police regarding the Village Constable Program and noted that this program is not being cancelled. During their meeting, the Chief highlighted the increase of staff to 65 members which is a 38% increase in strength. Mayor Mutton advised Council how important the Village Constable Program is, Neil Allin, Blaine Moffatt and Ray Bester, Orono Amateur Athletic Association, presented Mayor Mutton with a $125,000 cheque which repays their loan in full. The loan was provided to help with the cost of constructing an addition at the Orono Arena, The construction of the addition created a new dressing room, meeting room, janitorial and storage space. The official opening took place on December 12,1999, The $175,000 interest-free loan was provided in February 1999 for a seven-year term. Due to the hard work of many volunteers and the community of Orono, it is their pleasure to pay the loan in full at this time. Mr. Allin thanked Council for their support and thanked Fred Horvath, Director of Operations, for his support and advice over the years. Barb Tomaszewski, 19 Windham Crescent, Courtice, L 1 E 1Y7, appeared before Council voicing her concerns regarding property taxes and snow plowing, Ms, Tomaszewski agreed to pay her taxes quarterly, which in her opinion is every three months. She has been billed twice, once at the beginning of Spring and the final billing is usually sometime in June. She always pays on time but this year she acquired $16.00 in penalties and wonders why. Ms. Tomaszewski also raised concerns over snow plowing. Sand ring ham Drive is usually plowed but Windham and the other streets around her area are not. Ms. Tomaszewski also noted that her daughter attends Dr. Emily Stroud School and that the school did not have any air conditioning in their portables this summer. Adela Pugliese, 2179 Boundary Road, Burketon, LOB 1BO, appeared before Council regarding Report EGD-51-02, Ms, Pugliese resides at 2179 Boundary Road and noted the excessive speeding that occurs on her street. She has had various discussions with Tony Cannella, Director of Engineering, and he has suggested to hire a temporary seasonal person to monitor this area, She does not see how this would help unless someone is there 24 hours a day, 7 days a week, The implementation of this would not help the problem. Ms. Pugliese is suggesting a 4-way stop, Council Minutes - 5 - December 9, 2002 ~. DELEGATIONS She notes that there is a 3-way stop at the 6th Concession and Townline Road and another 3-way stop at the 8th Concession and Winchester Road. These two intersections are dead ends and the 3-way stops serve no purpose. Children are picked up at the corner of Boundary Road and Old Scugog Road and she is concerned that an individual will speed through the bus stop. She believes that it is more cost effective to install a 4-way stop; the speed aspect is there even though the traffic numbers are not. Linda Gasser, 7421 Best Road, P.O. Box 399, Orono, LOB 1 MO, circulated a handout to Members of Council regarding Report PSD-128-02. Ms. Gasser stated that she is in general support of the recommendations contained in the staff report. She is respectfully requesting that Council consider a few minor amendments to the staff recommendations and the Community Advisory Committee's (CAC) Terms of Reference, Ms. Gasser is requesting the following: 1. . 2. 3. 4. 5. increase CAC membership to 15 community members plus Council and staff liaison members; insert a Conflict of Interest clause; insert clause that missing three consecutive meetings without valid reason results in member being replaced; limit each organization/group to one member on CAC; and considering hiring independent facilitator rather than having committee elect a chair from within. . John Waters, 1882 Bloor Street East, Bowmanville, L 1 C 3K3, addressed Council with respect to Report PSD-128-02, and indicated support for the recommendations that Ms. Gasser has brought forward. Mr. Waters addressed Section 2 of Report PSD- 128-02, Section 2,1 states that the Ministry of Transportation Community Advisory Committee only has two members from the Clarington area and considering the scope and impact the 407 will have on Clarington it is important that there be a balance. He suggested adding a third member to this Committee, Section 2.5 of the report refers to the transportation consultant. Once the planning process commences, there will only be one opportunity to review. He is suggesting that the consultant review and make comments on all reports written. Section 2,7 pertains to the fiscal pressures. The 407 is a high priority for the Province, Region and Clarington, Mr. Waters is recommending that Clarington seek funding from both the Region and the Province. /. . . Council Minutes DELEGATIONS - 6 - December 9, 2002 Resolution #C-648-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the delegation of Ken Kervin be referred until later in the meeting to be heard during a "closed" session of Council. "CARRIED" Dr. Rackham, 165 Foster Avenue, Belleville, K8N 3P8, appeared before Council representing owners of lands bounded by Given Road on the north and Highway 2 on the south. Dr. Rackham noted that he is in support of the recommendations contained in Report PSD-129-02 and he encouraged Council to approve the report as written, Gregory Defregis appeared before Council on behalf of Frank Feldman with respect to Report PSD-129-02. Mr. Feldman is the owner of a 23 hectare parcel of land located in the area of the subject property, If Report PSD-129-02 is approved, it will create a land lock situation for his client. Mr. Defregis is requesting that subject roads be shifted Y2 metre to the west, and Y2 metre to the east. This shift will not affect the lots to the north and will still comply with the proposed zoning, The west half of the subject lands are designed R1 and do not take into consideration the exiting zoning in the neighbourhood. He is also requesting that the designated 15 metre wide lots be amended to 12 metre wide lots. Resolution #C-649-02 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the meeting be "closed" to consider the delegation of Ken Kervin regarding a confidential personnel matter. "CARRIED" Resolution #C-650-02 Moved by Councillor MacArthur, seconded by Councillor Rowe THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" /. '. . Council Minutes DELEGATIONS COMMUNICATIONS I - 1 C06.CL 1- 2 L11.GE 1-3 C06.SA 1-4 C06,CL - 7 - December 9,2002 Resolution #C-651-02 Moved by Councillor Schell, seconded by Councillor Trim THAT Council recess for 10 minutes, "CARRIED" Meeting reconvened at 8:27 p.m, Resolution #C-652-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT the communications to be received for information be approved with the exception of Items I - 6, I - 15, I - 17, I - 18, 1- 19, 1- 20 and 1-21. "CARRIED" Minutes of the Clarington Museum Board meeting dated November 13, 2002. (Received for Information) Mike Colle, MPP, Eglinton-Lawrence, providing Council with a copy of Bill 125, The LeBO Deposit and Return Act. Mr. Colle has also provided for Council a recent report from the Product and Packaging Stewardship Review, entitled "Wine and Liquor Container Recovery: The 2002 Perspective". (Received for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated October 8, 2002. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee meeting dated October 17, 2002. (Received for Information) . Council Minutes - 8- December 9,2002 COMMUNICATIONS 1-5 S06.GE Gordon H. Moore, General Manager, Ontario Zone, Canadian Red Cross Society, advising Council that the Canadian Red Cross has been charged by the RCMP in relation to the contamination of Canada's blood supply in the 1980s. Specifically, they have been charged with common nuisance. As a humanitarian organization, their thoughts are with the families who were affected by this tragedy. They have taken their responsibility to victims seriously, and the Canadian Red Cross has put forward its very best efforts in settling all civil claims against it through the provision of a comprehensive compensation package. (Received for Information) 1-7 M02,GE Claude Maillous, Coordinator, International Association of Great Lakes and Sl. Lawrence Mayors, advising Council that the next annual International Association of Great Lakes and St. Lawrence Mayors conference will be held in St. Catharines, Ontario on June 16 - 18, 2002, (Received for Information) . 1-8 SOO.GE Deborah Lay and Bev Billings, Public Health Nursing and Nutrition Division, Region of Durham, providing Council with a copy of the Nutritious Food Basket flyer and a poster advertising where residents can access the Food Resource Directory, The Food Resource Directory is a listing of locations and phone numbers where food is available throughout Durham Region. The purpose of this resource is to provide information to aid Durham Region residents in accessing sufficient and nutritious food, (Received for Information) 1-9 F11.GE Bruce E. Ball, Auction Chair, Durham Region Community Care Association, thanking Council for their support at their recent auction. In all, a total of $6,807 was realized from the sale with over $6,000 going to Community Care for help in running their programmes, after expenses. (Received for Information) 1-10 T09.HW Linda Gasser, writing to Chairman Roger Anderson and Members of Region of Durham Council, regarding the proposed joint meeting of Works and Planning Committees - Highway 407, Ms. Gasser is requesting that the Joint Committee members and Council consider holding a late afternoon/early evening meeting to accommodate the work schedules of most regional residents and 407 stakeholders. Said meeting should be held at a central location in a facility large enough to accommodate what will likely be a large number of people and a long line of speakers, . . . . Council Minutes COMMUNICATIONS I - 11 C06,AN 1-12 C06,AN 1- 13 C06.CL 1-14 S08.SM 1- 16 L 11.GE - 9- December 9, 2002 Ms. Gasser is also requesting Regional Council to place an advertisement in newspapers across the Region at least a month in advance of the Joint Committee meeting. This would provide regional residents and stakeholders with adequate notice and therefore a meaningful opportunity to make their views known to the Joint Committee and subsequently to Council. (Received for Information) Minutes of the Animal Advisory Committee meeting dated May 14, 2002, (Received for Information) Minutes of the Animal Advisory Committee meeting dated September10, 2002. (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting dated November 19, 2002, (Received for Information) M. de Rond, Clerk, Town of Ajax, advising Council that the Town of Ajax, on November 25, 2002, passed the following resolution: "THAT the Council of the Regional Municipality of Durham consider the following amendments to the 'draft' Region of Durham Smoking By-law: 1. THAT bars also be granted a 50% designated smoking room allowance. 2. THAT the Province of Ontario Smoking in the Workplace Act be used as the standard for regulating smoking in enclosed workplaces in Durham Region." (Received for Information) Scott Thompson, Ministry of Municipal Affairs and Housing, advising Council that legislation to improve the accountability and efficiency of the municipal and school board election process was passed by the Ontario legislature. The Municipa/ Statute Law Amendment Act, 2002 - Bill 177 , includes a number of amendments to the Municipal Elections Act which were developed with the help of municipalities and municipal associations. . . . Council Minutes COMMUNICATIONS 1- 22 M02.GE 1- 23 C06,CL 1- 24 D21,GE 1- 25 C06.VI 1- 26 C06.CL 1-6 M04.GE - 10- December 9, 2002 The new legislation also clarifies language in the Municipal Act, 2001, amends other provincial legislation to make it consistent with the new Municipal Act, and repeals Ministry of Municipal Affairs and Housing legislation that is no longer needed as a result of the new act. (Received for Information) Timothy H. Rigby, Mayor, The Corporation of the City of St. Catharines and Richard M. Daley, Mayor, City of Chicago, Illinois, inviting Council to the 2003 International Association of Great Lakes and St. Lawrence Mayors annual conference which is being jointly hosted by St. Catharines and Chicago on June 16 - 18, 2003. (Received for Information) Minutes of the Clarington Public Library Board meeting dated October 23, 2002. (Received for Information) Ron Dabor Sr., providing Council with a copy of a letter that he has sent to the Environment Minister regarding Iter Canada. (Received for Information) Minutes of the Village of Tyrone and surroundings Community Centre meeting dated October 23, 2003. (Received for Information) Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on October 2, 2002, passed the following resolution: "THAT this Committee support the stand Regional Chairman Anderson has taken in requesting an extension of time to ensure adequate review of the proposed Safe Drinking Water Act" (Received for Information) Brad Greentree, President, Bowmanville Figure Skating Club, thanking Council and staff for their efforts during their Eastern Ontario Sectional competition November 8 - 11 ,2002. It was an overwhelming success due, in a great part, to the contributions made by the staff at the Rickard Complex. They were always ready and willing to lend a hand with set-up, takedowns, and were very accommodating to their ever changing flood schedule, The floors were kept very clean and the garbage containers were regularly emptied. . . . Council Minutes COMMUNICATIONS 1-15 F11.GE - 11 - December 9, 2002 The staff in the canteen did a great job of moving people through in a friendly, efficient manner. The lines never became too backlogged, They received no complaints about any part of the Competition. Resolution #C-653-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item 1-6 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-654-02 Moved by Councillor Rowe, seconded by Councillor Robinson THAT the foregoing Resolution #C-653-02 be amended by adding the following thereto: "THAT a copy of the correspondence be forwarded to the Community Services Department." "CARRIED" The foregoing Resolution #C-653-02 was then put to a vote and "CARRIED AS AMENDED," Janet Ecker, Minister of Finance and Chris Hodgson, Minister of Municipal Affairs and Housing, announcing the release of the 2003 Community Reinvestment Fund (CRF) allocations. In August, Premier Ernie Eves stated the municipalities would receive the CRF allocations in time to help them prepare for their budgets. By improving on the timeliness, predictability and transparency of grant information, the government is making it easier for municipalities to track their expenditures and plan ahead, Specific details on the calculations of the 2003 allocation and payments will be sent directly to the Treasurer/Clerk Treasurer in the near future. They are pleased to be able to release the CRF allocations this Fall. . . . Council Minutes COMMUNICATIONS 1- 17 L 11 ,GE 1- 18 E05,ST - 12- December 9,2002 Resolution #C-655-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item I - 15 be received for information. "CARRIED" Neil McKerrell, Chief, Ministry of Public Safety and Security, advising Council that with the recent passage of Bill 148, the new Emergency Management Act has now introduced mandatory emergency management programs to Ontario's municipalities and designated ministries. To accomplish this, Emergency Management Ontario (EMO) has developed the Framework for Community Emergency Management Programs. This document is the applicable standard for community emergency management program development, implementation and maintenance. EMO now has twelve Community Officers deployed throughout Ontario to assist municipalities with their emergency management requirements. Resolution #C-656-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item I - 17 be received for information. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Correspondence Item I - 18 and refrained from discussion and voting on the subject matter. Councillor Schell's employer is St. Mary's Cement, the subject of the correspondence. John O'Toole, MPP, Durham, thanking Council for keeping him informed about the calls the Municipality has received regarding emissions from St. Mary's Cement and ground vibrations associated with blasting at the quarry, Mr. O'Toole has also written to the Ministry of the Environment directly on this matter. . . . Council Minutes COMMUNICATIONS 1-19 F22.TA 1- 20 C06,CL - 13- December 9,2002 Resolution #C-657-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item I - 18 be received for information. "CARRIED" Marcel Beaubien, MPP, Lambton-Kent-Middlesex, providing Council with a report which contains recommendations on the broad range of issues that were raised by stakeholders during the consultation process on property assessment and taxation issues. The Minister of Finance intends to seek feedback from interested parties on the recommendations contained in the report. Resolution #C-658-02 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item I - 19 be referred to the Director of Finance/Treasurer for a summary report. "CARRIED" Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on October 2, 2002, passed a resolution endorsing the Municipality of Clarington's Resolution #C-569-02, regarding the spreading of sewage biosolids and that the Ministry of the Environment be requested to suspend all current Certificates of Approval and withhold granting of any future certificates on lands located within the Municipality of Clarington. Resolution #C-659-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item I - 20 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) . . . Council Minutes COMMUNICATIONS 1-21 L11.GE - 14- December 9, 2002 Resolution #C-660-02 Moved by Councillor Robinson, seconded by Councillor Schell THAT the foregoing Resolution #C-659-02 be amended by adding the following thereto: "THAT a copy of the correspondence be forwarded to the Regional Municipality of Durham, the Durham Region Agricultural Advisory Committee and the Ministry of the Environment." "CARRIED" The foregoing Resolution #C-659-02 was then put to a vote and "CARRIED AS AMENDED." John O'Toole, MPP, Durham, writing to the Honourable Bob Runciman, Minister of Public Safety and Security, regarding the federal and provincial governments providing special emergency management funding for all municipalities that host nuclear facilities. Mr. O'Toole agrees with the need to amend the Emergency Planning Act and formally mandate all municipalities to have emergency preparedness requirements in place. However, there is an imbalance between municipalities that are nuclear host communities and those that are not. Nuclear host communities obviously need a more extensive program, and therefore it would be appropriate for senior governments to assist these municipalities because this is a safety priority that affects more than just the host community, Resolution #C-661-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item 1-21 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 1 M04.GE D-2 T08,GE - 15 - December 9, 2002 Resolution #C-662-02 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the Correspondence Items for direction be approved as per the agenda with the exception of Items D - 6 to D -14, inclusive, "CARRIED" Robert, Patricia and Frank Howard, writing to Council regarding the following concerns regarding 1402 Taunton Road East, 1406 Taunton Road East, 1412 Taunton Road East and 1433 Townline Road North: 1, The contamination of their well water. They are still purchasing water for drinking and their wells are still contaminated with the run off water caused from the road construction and from the new home development in the area. 2. Their septic beds have been ruined by the excess water which has been rerouted onto their properties, 3. The water runs through and over their property continually, (Correspondence referred to the Engineering Department) Teresa Chircop and Yvette Plach, providing Council with a petition from residents regarding their concerns in their community due to the new developments growing on Taunton and Trulls Road South, The problem is traffic volume including construction equipment, heavy dump trucks, and vehicles have increased dramatically. Heavy machinery and vehicles traveling at high speeds are dangerous through residential areas, Trulls Road is being used as a throughway to commute from north to south of the Region. As well, the area from Taunton Road to Pebblestone Road is a highly populated residential area. Children need to walk to and from the school bus, along Trulls Road in order to get to school. The busiest times of the day, morning and afternoon, is when their children are walking along an unsafe road. Positive solutions have been noticed in their community. For example, on Bradley Boulevard and Tyler Street, water pipes were installed and ditches filled providing more room on each side of the road. Proper installation of sidewalks is desperately needed to maintain the safety of their children and community. Council Minutes - 16- December 9,2002 . COMMUNICATIONS Although they strongly believe constructing a sidewalk is a must, it will not be the solution to solve the speeding problem, The stretch of road from Pebblestone to Taunton is without a stop sign or traffic light. This provides a perfect speed zone for those who wish to speed. They feel that speed bumps or gates would announce to drivers that this is an active highly residential community; and speeding is simply not acceptable. (Correspondence referred to the Director of Engineering) D-3 M02.GE Rhonda Sowers, Liaison, Ontario Family Fishing Weekend Steering Committee, requesting Council to declare one summer weekend, Friday, July 4 through Sunday, July 6, 2003, a licence-free fishing weekend. This special weekend, now run in conjunction with National Fishing Week, includes fish festivals, clinics, or conservation and educational activities that may be held in the area, Ms, Sowers is also requesting help to publicize the 2003 Ontario Family Fishing Weekend in any calendar of summer events that Clarington may participate in or publish. (Proclaimed and correspondence referred to the Marketing and Tourism Office) . D-4 R01.CH Carolyn Wilson, requesting Council's permission to replace the windows in their home at 182 Church Street, Bowmanville (a designated property), They plan on living in this lovely old home for the next 10 to 20 years, In order to do this their monthly energy expenditures will have to be greatly reduced and maintenance will have to be streamlined. They have gone over the pros and cons of replacement windows many times and feel they are necessary for reducing their monthly costs. They will gladly work with someone to restore, repair and make a period style storm "door" for the upper front south facing window/door. If necessary, they will also leave the two main floor front windows (south facing) as they are and at some time in the future have them restored with period style wooden storms. (Correspondence referred to the Director of Planning Services and to the Local Architectural Conservation Advisory Committee) . . . . Council Minutes COMMUNICATIONS D-5 P09.GE D-6 C06.CL - 17- December 9, 2002 J.D. Lawrence, Bowmanville Taxi, requesting Council to review the operation of taxi cab companies within the municipality. Mr. Lawrence believes with the high increase of insurance as of 9/11 last year and the high price of gas, they will be looking for an increase in the drop and tariff on the meter. (Correspondence referred to the Municipal Clerk for review in conjunction with the Taxi Licencing By-law review) Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on October 2, 2002, passed the following resolution: 'WHEREAS the current methods of cutting along road allowance are not effective in controlling weeds and vegetation growth and whereas these methods need to be improved upon; WHEREAS the cutting of vegetation within road allowances should reflect the growing season and be responsive to irregularities of vegetation growth within any growing season; NOW THEREFORE BE IT RESOLVED THAT alternative methods of vegetative control along road allowances be investigated; AND FURTHER THAT landowners be encouraged to be more proactive in vegetative control along their property lines within road allowances; AND FURTHER THAT when the Municipality performs maintenance within road allowances, the disturbed areas be seeded with grass; AND FURTHER THAT this resolution be forwarded to the Ministry of Transportation, Hydro One Networks, Veridian Corporation, Canadian National Railways, St. Lawrence and Hudson Railway, and Trans Canada Pipeline Co, for their action thereon with respect to maintenance adjacent and on municipal road allowances." . . . Council Minutes COMMUNICATIONS D-7 C10.MO - 18- December 9, 2002 Resolution #C-663-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 6 be referred to staff, "CARRIED" Laura Rowley, Clerk Treasurer, Township of Armour, advising Council that the Township of Armour on November 12, 2002, passed the following resolution: 'WHEREAS the property tax is a vital part of municipal funding, and all municipalities and ratepayers depend on accurate assessments; AND WHEREAS the Municipal Property Assessment Corporation (MPAC) has ignored the wishes of over 100 municipalities and is implementing a corporate restructuring program, called "Futures", that is dramatically changing property assessment in this province; AND WHEREAS municipalities are already noticing a loss of local expertise and a decrease in service quality as a result of this centralization plan; AND WHEREAS municipalities are having to contend with inaccuracies, errors and loss of product; AND WHEREAS municipal officials do not have direct access to local MPAC assessors; AND WHEREAS effort should be made to co-ordinate with the government OPTA program; NOW THEREFORE be it resolved that the Council of the Township of Armour hereby calls on the Ontario Minister of Finance to intervene to repair the damage Futures has done to Ontario Property assessment and to bring forward a plan to restore local assessment expertise and good working relationships between assessment staff and municipalities at the local level." . . . Council Minutes COMMUNICATIONS D-8 C10,MO - 19- December 9,2002 Resolution #C-664-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution from the Township of Armour regarding the Municipal Property Assessment Corporation FUTURES program be endorsed by the Council of the Municipality of Clarington. "CARRIED" J. Doyle, Reeve, Township of the Corporation of the Township of Montague, advising Council that the Township of Montague on November 19, 2002, passed the following resolution: "WHEREAS Municipalities are required to have in place Emergency Plans and in those plans identify the roles that both Staff including Volunteer Fire Fighters and Elected Officials play in implementing those same plans; AND WHEREAS many Ontario Municipalities have had to, over the years, implement their Emergency Plans for disasters such as train de-railments, droughts, floods etc" which may have been localized situations; AND WHEREAS Eastern Ontario suffered a crippling Ice Storm in 1998 which required the implementation of many Municipal Emergency Plans; AND WHEREAS the recent events of September 11th have caused all levels of Government to re-examine their Emergency Plans; AND WHEREAS Municipal Employees from not only the managerial positions but, also the labourers positions, are identified as having to perform their duties in an Emergency/Disaster situation in those same Emergency Plans and as such, are required to be available for work at any time; AND WHEREAS the Juries Act c.J.3 R.S.O. 1990 section 3,1 states that "The following persons are ineligible to serve as jurors: Council Minutes . COMMUNICATIONS . . - 20- December 9,2002 1, Every member of the Privy Council of Canada or the Executive Council of Ontario. 2. Every member of the Senate, the House of Commons of Canada or the Assembly. 3. Every judge and every justice of the peace, 4. Every barrister and solicitor and every student-at-Iaw, 5, Every legally qualified medical practitioner and veterinary surgeon who is actively engaged in practice and every coroner, 6. Every person engaged in the enforcement of law including, without restricting the generality of the foregoing, sheriffs, wardens of any penitentiary, superintendents, jailers or keepers of prisons, correctional institutions or lockups, sheriff's officers, police officers, firefighters who are regularly employed by a fire department for the purposes of subsection 41 (1) of the Fire Protection and Prevention Act, 1997, and officers of a court of justice, R.S.O. 1990, c.J.3, s.3 (1); 1994, c. 27, s, 48(1); 1997, cA., s, 82," AND WHEREAS an Emergency/Disaster situation may occur in a local municipality but necessarily the whole of a County, region or even the Province and in saying thus, the Court may be situate in another jurisdiction thus not necessarily be effected by the situation and therefore would not be effected by an Emergency/Disaster; NOW THEREFORE the Council of the Township of Montague requests that the Hon. David Young in his roll as Attorney General review those who are exempt from Jury Duty and have the list include ALL Municipal Employees, Council Members and also including Volunteer Firefighters of whom, many rural municipalities rely on for the implementation of their Emergency Plan; AND THAT the Association of Municipalities of Ontario (AMO) also help to lobby the Provincial Government to have the Juries Act amended to include Municipal Employees; Heads of Council and Members of Council; and Volunteer Firefighters; AND THAT this resolution be forwarded to ALL municipalities in Ontario for their support through AMO; . . . Council Minutes COMMUNICATIONS D-9 C10.MO - 21 - December 9, 2002 AND THAT a copy of this resolution be forwarded to the Hon. David Young and also to our own MPP the Hon. Norm Sterling for his support; AND THAT those municipalities who choose to support this resolution also forward a copy to the Hon, David Young and their own MPP." Resolution #C-665-02 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D - 8 be received for information. "MOTION LOST" Resolution #C-666-02 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the resolution of the Corporation of the Township of Montague regarding emergency plans be endorsed by the Council of the Municipality of Clarington. "CARRIED" City of Weiland, advising Council that the City of Weiland passed the following resolution: "1. THAT the City of Weiland petition the Minister of Municipal Affairs and Housing, the Honourable Chris Hodgson, to amend the Municipal Act by removing Section 217 of the existing Act and Section 133 of the Municipal Act 2001; 2. THAT the City of Weiland petition the Minister of Public Safety, the Honourable Robert Runciman, to introduce new legislation to deal with the fortification of lands which would require the enforcement of such legislation by police forces in the Province of Ontario and not municipal officials; . . . Council Minutes COMMUNICATIONS D -10 C10.MO - 22- December 9, 2002 3. THAT a copy of this recommendation be forwarded to all municipalities in Ontario, the Association of Municipalities of Ontario, and the Ontario Association of Chiefs of Police for endorsement." Resolution #C-667-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution of the City of Weiland regarding the Municpal Act 2001 be endorsed by the Council of the Corporation of the Municipality of Clarington. "CARRIED" Ken Todd, Director of Corporate Support Services, City of St. Catharines, advising Council that the City of St. Catharines on November 25, 2002, passed the following resolution: 'WHEREAS, the doctor shortage crisis has reached an unprecedented high in Ontario with an estimated need for 726 family physicians, and over 400 multi-specialty physicians; and WHEREAS, south-central Ontario is in need of more than 300 family physicians and 125 multi-specialty physicians; and WHEREAS, the Niagara region is in need of 84 family physicians and 30 multi-specialty physicians; and WHEREAS, the increasing population growth rate of Ontario, the escalating growth rate of the elderly population (doubling by 2016), the increasing rate of family physician retirements (one in five to retire in the next five years), increasing number of communities recruiting physicians (300+ in Ontario, in addition to the 10,000 active US recruiters), the decreasing percentage of graduating physicians choosing Family Practice medicine (80% in 1992 to 45% in 2000), are all creating intense competition for our scarce medical resources; and WHEREAS, some communities in Ontario are offering financial incentives to entice family physicians to their area; and . . . Council Minutes COMMUNICATIONS D -11 C10.MO - 23 - December 9, 2002 WHEREAS, these incentives are compounding the problem of family physician recruitment for some communities that don't have extra financial resources; and WHEREAS, the Ontario Municipal Act clearly prohibits "bon using" or providing financial incentives to any commercial business interest as a means of luring them to a community; and THEREFORE, be it resolved, that the Provincial government should disallow communities from engaging in the practice of providing financial incentives to lure medical professionals, effective immediately; and BE IT FINALLY RESOLVED, that the Provincial government begin to aggressively work towards alleviating the present medical professional shortage," Resolution #C-668-02 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item D - 10 be received for information, "CARRIED" Mary Brennan, Director of Council Services/Clerk, Corporation of the County of Essex, advising Council that the County of Essex on November 20, 2002, passed the following resolution: 'WHEREAS a key element of the Province of Ontario's Smart Growth plan is to ensure that all communities have modern and efficient public infrastructure; AND WHEREAS the Province of Ontario has announced initiatives to introduce new tools to support municipal infrastructure, including 'Opportunity Bonds'; AND WHEREAS the Province of Ontario proposes to support municipalities in renewing and expanding their infrastructure by providing provincial tax incentives for corporations and individuals who invest in Opportunity Bonds and by providing $1 billion of capital to the Ontario Municipal Economic Infrastructure Financing Authority; . . . , Council Minutes COMMUNICATIONS D -12 C06,CL - 24- December 9, 2002 AND WHEREAS the Province of Ontario is encouraging the Federal Government to participate in the Opportunity Bond program by providing federal tax incentives for corporations and individuals who invest in Opportunity Bonds and by providing capital to the Ontario Municipal Economic Infrastructure Financing Authority; NOW THEREFORE BE IT RESOLVED THAT, the Corporation of the County of Essex requests the Federal Government to cooperatively work with the Province of Ontario to join Ontario as a partner in providing tax incentives for corporations and individuals and by providing capital to the Ontario Municipal Economic Infrastructure Financing Authority in order to further promote economic growth in Ontario; AND FURTHER THAT, this resolution be circulated to the Prime Minister of Canada, Federal Minister of Finance, Leader of the Official Opposition, Premier of Ontario, Provincial Minister of Finance, local Members of Parliament, local Members of Provincial Parliament, Federation of Canadian Municipalities, Association of Municipalities of Ontario and all municipalities in Ontario." Resolution #C-669-02 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the resolution from the Corporation of the County of Essex regarding the Opportunity Bond Program 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 October 2, 2002, passed the following resolution: "THAT this Committee support the resolution from the Region of Halton requesting that agricultural representation be provided on the Central Zone Smart Growth Panel, and that it is requested that the Council of the Municipality of Clarington endorse the Region of Halton resolution," . . . Council Minutes COMMUNICATIONS D -13 C06,CL - 25- December 9,2002 Resolution #C-670-02 Moved by Councillor Robinson, seconded by Councillor Schell THAT the Clarington Agricultural Advisory Committee be advised of previous actions taken by Council regarding the Central Zone Smart Growth Panel. "CARRIED" Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on October 2, 2002, passed the following resolution: "THAT this Committee support the resolution of the County of Bruce requesting the province to provide direct funding to municipalities to cover the costs of undertaking the needed studies and the required upgrades to sewage treatment plants that will be required to handle increased volumes generated by the passage of the Nutrient Management Act; and THAT it is requested that Council of the Municipality of Clarington endorse the County of Bruce resolution," Resolution #C-671-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the resolution of the County of Bruce regarding the Nutrient Management Act be endorsed by the Council of the Municipality of Clarington; and THAT a copy of this correspondence be forward to John O'Toole, MPP. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 14 C10,MO REPORTS Report #1 G.P,A, Report Dec. 2, 2002 - 26- December 9, 2002 M. de Rond, Clerk, Town of Ajax, writing to the Region of Durham, advising that the Town of Ajax on November 25, 2002, passed the following resolution: "THAT the use of Fluorescent Yellow Green signs be reserved for school crossing use only; and THAT the matter be forwarded to Durham municipalities and the Ontario Traffic Conference with recommendations for endorsement by municipalities throughout Ontario." Resolution #C-672-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D - 14 be referred to the Director of Engineering. "CARRIED" Resolution #C-673-02 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken by the General Purpose and Administration Committee on December 2, 2002, be approved with the exception of Item #18. "CARRIED" Councillor Robinson stated a pecuniary interest with respect to Item #18 of Report #1 (Report COD-061-02); vacated his chair and refrained from discussion and voting on the subject matter. Councillor Robinson resides within the study area of the Port Granby Long Term Low-Level Radioactive Waste Management Project. . . . Council Minutes REPORTS Port Granby Contract Extension Report PSD-128-02 Highway 407 - 27- December 9, 2002 Resolution #C-674-02 Moved by Councillor Schell, seconded by Councillor Trim THAT Report COD-061-02 be received; THAT the existing contract with Hardy Stevenson & Associates Limited, Toronto, Ontario, for Consulting Services, Port Granby Long Term Low-Level Radioactive Waste Management Project be extended for a 2nd year; THAT, pending satisfactory service and pricing that the contract be extended on an annual basis for a third, fourth and fifth year; THAT the total funds required be expensed to Account #7004-00003-0247; and THAT the By-law attached to Report COD-061-02, marked Schedule "A" authorizing the Mayor and Clerk to execute the agreement be approved, "CARRIED" Resolution #C-675-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report PSD-128-02 be received; THAT the Clerk be directed to advertise for the positions on the Clarington Highway 407 Community Advisory Committee and report back to Council; THAT the Minister of Transportation be requested to provide the necessary funding to enable Clarington to retain a consultant that would assist in reviewing the terms of reference; THAT Ministry of Transportation be requested to add a third member to the Community Advisory Committee; THAT Recommendations #1, #3, #4 and #6 of Report PSD-128-02 be referred back to staff for a further report; and . . . Council Minutes REPORTS - 28- December 9, 2002 THAT all interested parties listed in Report PSD-128-02 and any delegations be advised of Council's decision. "CARRIED" UNFINISHED BUSINESS Resolution #C-676-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT the Addendum to Confidential Report OPD-15-02 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Resolution #C-677-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Rick Patterson and the Bowmanville Legion Pipes and Drum Band be thanked for their presentation and congratulated on their successes this year. "CARRIED" Resolution #C-678-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT the delegation of Neil Allin be received with thanks, "CARRIED" . . . Council Minutes - 29- December 9, 2002 UNFINISHED BUSINESS BY-LAWS Resolution #C-679-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT the delegation of Barb Tomaszewski be referred to the Director of Finance/Treasurer and the Director of Operations; and THAT a letter be sent to the Board of Education to advise of Mrs. Tomaszewski's concern regarding the lack of air circulation in their portables. "CARRIED" Councillor Robinson stated a pecuniary interest with respect to By-law 2002-206; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Robinson resides within the study area of the Port Granby Long Term Low-Level Radioactive Waste Management Project. Resolution #C-680-02 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-law 2002-206, being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hardy Stevenson & Associates Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, Port Granby Long Term Low-Level Radioactive Waste Management, and that the said by-law be now read a first and second time. "CARRIED" . . . Council Minutes BY-LAWS - 30- December 9, 2002 Resolution #C-681-02 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-laws 2002-201 to 2002-205, inclusive, 2002-207 and 2002-208, and that the said by-laws be now read a first and second time: 2002-201 being a by-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032, as amended 2002-202 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2002-203 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2002-204 being a by-law to adopt Amendment 30 to the Clarington Official Plan 2002-205 being a by-law to amend By-law 2001-52, being a By-law to prohibit and regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bow, long-bows in the Municipality of Clarington 2002-207 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2002-208 being a by-law to authorize the transfer, for a nominal costs, of Part 1, 40R-20781, Part Lot 7, Broken Front Concession, former Township of Darlington, Municipality of Clarington, from Bowmanville Wood Products to the Corporation of the Municipality of Clarington for the purposes of an 8 metre road widening on Baseline Road "CARRIED" . . . Council Minutes BY-LAWS OTHER BUSINESS Appointments Newcastle Community Hall Board - 31 - December 9, 2002 Resolution #C-682-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2002-201 to 2002-208, inclusive, be approved. "CARRIED" Resolution #C-683-02 Moved by Councillor Trim, seconded by Councillor Robinson THAT the following individuals be appointed to the Newcastle Community Hall Board for a two-year term: Peter De Jong Sierd De Jong Kathleen (Kaye) Quinney, "CARRIED" Resolution #C-684-02 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the meeting be "closed" for consideration of Addendum to Confidential Report OPD-15-02 regarding a personnel matter. "CARRIED" Resolution #C-685-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" . . . Council Minutes - 32- December 9, 2002 CONFIR:MING BY-LAW ADJOUHNMENT Councillors Robinson and Schell disclosed pecuniary interests earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-686-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2002-209 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 9th day of December 2002, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-687-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2002-209 be approved. "CARRIED" Resolution #C-688-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the meeting adjourn at 9:07 p.m. "CARRIED"