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HomeMy WebLinkAbout06/23/2003Leading the Way DATE: MONDAY, JUNE 23, 2003 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on June 9, 2003 PRESENTATIONS a) 2nd Annual Awards for Academic Excellence b) Award of Excellence for Fighting Crime - Tom Cameron DELEGATIONS a) Laura Berger, Region of Durham, Health Department - West Nile Virus Update b) Kevin Anyan, Bowmanville Rotary Club, 33 O'Dell Street, Bowmanville, L1 C 1 Z6 - Centennial Project c) Steve Tinmouth, 3862 Wilcox Road, Orono, LOM 1 MO - Wilcox Road d) Andrew Rice, 62 Prospect Street, Bowmanville, L1 C 31-12 - Lord Elgin Park CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - June 23, 2003 e) Clay Melnike, Youth Vision Coordinator, United Way, Unit 407, 95 Bayly Street West, Ajax, L1 S 7K8 - Regional Youth Association of Durham f) Evylin Stroud, 89 Little Avenue, Bowmanville, L1 C 1 J9 - Pesticides g) Linda Gasser, P.O. Box 399, 7421 Best Road, Orono, LOB 1 MO - Bill 25 h) E. Acolina, 3 Glenelge Court, Bowmanville, L1C 4J1 - Radar Message Board Program i) A. Braun, 626 Longworth Avenue, Bowmanville, L1 C 5B8 - Radar Message Board Program j) Don Drackley, IBI Group, 230 Richmond Street West, 5th Floor, Toronto, M5V 1 V6 - Draft Terms of Reference for Highway 407 East Completion k) Doug Allingham, Totten Sims Hubicki Associates, 300 Water Street, Whitby, L1 N 9J2 - Highway 407 COMMUNICATIONS Receive for Information I - 1 David McGuinty, President and CEO, National Round Table on the Environment and the Economy - Environmental Quality in Canadian Cities: The Federal Role 1 - 2 Joe Valela, President, Greater Toronto Home Builders' Association - Mortgage Interest Deductibility 1 - 3 Andy Koopmans, Executive Director, Association of Municipal Managers, Clerks and Treasurers of Ontario - E.A. Danby Award 1 - 4 Colleen O'Toole, Totten Sims Hubicki -Highway 407 East Completion 1 - 5 Kaili Sermat- Harding, Communications Branch, Ontario Ministry of Energy - Chair of the Board of Hydro One 1 - 6 Scott Wilson, Secretary- Treasurer and Kathy Zammit, Chief Returning Officer, Association of Municipalities of Ontario - 2003 -2004 AMO Board of Directors 1 - 7 Mark Holland, Regional Councillor, Ward 2, City of Pickering - 5t" Annual Canada Day Celebrations and Muslim Heritage Awards Night 1 - 8 Canada Mortgage and Housing Corporation - Affordable Housing Projects Council Agenda - 3 - June 23, 2003 1 - 9 Glenn Case, Project Director, Port Hope Area Initiative - Port Granby Project I - 10 George Graham, Clerk- Administrator, The Township of Brock - Iter Project I - 11 City Clerk, City of Toronto - Improving the Quality of Property Assessment Services Delivered to Ontario Municipalities and Ratepayers I - 12 Association of Municipalities of Ontario - Property Tax Increase Referendum I - 13 Claude Fortin, Chief Municipal Wastewater Effluents Division, Environmental Protection Service, Environment Canada - Ammonia Dissolved in Water 1- 14 P.M. Madill, Regional Clerk, Region of Durham - Referendums on New Taxes I - 15 Fred and Sandy Archibald, Archibald Orchards and Estate Winery Ltd. - 4t" Annual Fruit Wine and Food Festival I - 16 Minutes of the Clarington Highway 407 Community Advisory Committee Meeting I - 17 Chris Stockwell, Minister of the Environment - Goodyear Canada Inc. I - 18 The Regional Municipality of Durham, Health Department - West Nile Virus I - 19 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham - Co- operative GTA Planning Initiatives I - 20 Minutes of the Newcastle Community Hall Board Meeting 1 - 21 Minutes of the Newcastle Community Hall Board Meeting 1-22 Minutes of the Port Granby Project Community Advisory Committee Meeting 1-23 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting I - 24 Nancy Wright - Laking, City Clerk, City of Peterborough - Iter Project I - 25 Clarington Racing Against Drugs - Thank You Letter Council Agenda - 4 - June 23, 2003 I - 26 Angela Lloyd, Board Chairperson, Kawartha Pine Ridge District School Board - Appointment of Linda Scott I - 27 Minutes of the GO Transit Meeting 1- 28 John O'Toole, MPP, Durham - Rural Economic Development Program 1- 29 John O'Toole, MPP, Durham - Iter Project I - 30 Minutes of the Port Granby Project Community Advisory Committee Meeting 1 - 31 John O'Toole, MPP, Durham -Tax Bill Receive for Direction D - 1 G. Glenn Case, Manager, Engineering & Operations, Atomic Energy of Canada Limited - Port Granby Project D - 2 Cathy and Ken Holmes - Installation of Gates in Fences D - 3 Martha Rutherford Conrad, Administrator, Clarington Museums and Archives - 2003 Budget D - 4 Dave Hardy, Principal, Hardy Stevenson and Associates Limited - Low Level Radioactive Waste Management Organization Technical Studies D - 5 Nancy Pitt, Principal, Lord Elgin Public School - Temporary Adult Crossing Guard D - 6 Jean Harness - Soper Creek Park Lights D - 7 Evelyn Rozario, President, Orono Business Improvement Association - Interest Free Loan D - 8 R.L. Zelmer, Director, Atomic Energy of Canada Limited - Complaint Process D - 9 Sharon Vokes, County Clerk, Corporation of the County of Grey - Reinstating the Export of Beef D - 10 Martha Rutherford Conrad, Administrator, Clarington Museums and Archives - Museum Accounts Council Agenda - 5 - June 23, 2003 D - 11 Laura Moy, Clerk, The Corporation of the Town of Tecumseh - Emergency Readiness Act, 2002 D - 12 The Corporation of the Municipality of Central Elgin - Municipal Elections D - 13 Janice Auger Szwarz, Senior Planner - Highway 407 Community Advisory Committee D - 14 Sandra Kranc, City Clerk, City of Oshawa - Pressures Facing Municipalities D - 15 John Mutton, Chair, Ganaraska Region Conservation Authority - Final Report D - 16 Mayor Rick Austin, The Corporation of the Municipality of Port Hope - Agreement for Cleanup and Long Term Safe Management of Low Level Radioactive Waste MOTION NOTICE OF MOTION 1. General Purpose and Administration Committee Report of June 16, 2003 2. Report CLD- 029 -03 - Bicycles and Skateboards 3. Report COD - 029 -03 - CL2003 -8, One (1) 39,000 GVW Cab & Chassis c/w Plow Equipment 4. Report COD - 030 -03 - RFP2003 -10, Courtice Fire Station - Architectural Services 5. Report COD - 031 -03 - Durham Regional Police - Lease Agreement 6. Report COD - 032 -03 - Financial Software 7. Report PSD- 084 -03 - Second Amending Agreement to Facilitate Halloway Holdings Limited Purchase from Willsonia Industries Limited 8. Report PSD- 085 -03 - Kawartha Pine Ridge District School Board Surplus Property Sale, Lord Elgin Public School - 140 High Street, Bowmanville 9. Confidential Report PSD- 086 -03 - Property Matter Council Agenda - 6 - June 23, 2003 10. Confidential Report PSD- 087 -03 - Property Matter 11. Confidential Report PSD- 088 -03 - Property Matter (to be distributed under separate cover) 12. Confidential Verbal Report of the Director of Planning Services - Property Matter 13. Confidential Verbal Report of the Director of Planning Services - Legal Matter UNFINISHED BUSINESS 1. Memorandum regarding Report PSD- 077 -03 - Durham Region Official Plan Amendment Application, Loblaw Properties Limited, Northeast Corner of Taunton Road and Harmony Road, City of Oshawa (tabled at the General Purpose and Administration Committee on June 16, 2003) (to be distributed under separate cover) 2. Orono BIA Signage (tabled at the General Purpose and Administration Committee on June 16, 2003) 3. Addendum to Confidential Report PSD- 056 -03 - Property Matter BY -LAWS OTHER BUSINESS a. Appointments to the 407 Community Advisory Committee b. Regional Update C. Boards and Committees Update BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT SUMMARY OF CORRESPONDENCE JUNE 23, 2003 CORRESPONDENCE FOR INFORMATION 1 - 1 David McGuinty, President and CEO, National Round Table on the Environment and the Economy, providing Council with a copy of the State of the Debate report Environmental Quality in Canadian Cities: The Federal Role. (Receive for Information) 1 - 2 Joe Valela, President, Greater Toronto Home Builders' Association (GTHBA), advising Council that GTHBA strongly supports mortgage interest deductibility. The fact is Canadians, Ontarians and Torontonians want to own their own home. It is their lifetime dream and their largest single purchase. Government(s) should support them in this goal - not encumber them with additional fees. The current proposal in the Ontario PC party platform is a modest one and should be seen as a beginning. The suggestion that somehow supporting home ownership infringes on the sanctity of the tax system is plain wrong. Mr. Valela would rather see government policy support the wish of a young family to meet their dream, than accept the academic diatribes of an economist who wishes to defend the integrity of a tax system where none exists. (Receive for Information) 1 - 3 Andy Koopmans, Executive Director, Association of Municipal Managers, Clerks and Treasurers of Ontario, writing to Marie Knight Stanley, Deputy Clerk, thanking her for the E.A. Danby Award submission regarding the Municipality of Clarington's Community Animal Shelter. The Association received a total of six submissions for 2003 and, while the Nominating committee was impressed with all of the submissions, they have selected the Town of Richmond Hill's Employee Wellness Program as the 2003 recipient of the E.A. Danby Award. (Receive for Information) 1 - 4 Colleen O'Toole, Totten Sims Hubicki, providing Council with a copy of the public information centre series #2 poster regarding Highway 407 East Completion. (Receive for Information) 1 - 5 Kaili Sermat- Harding, Communications Branch, Ontario Ministry of Energy, advising Council that the Ernie Eves government announced that Rita Burak has been appointed chair of the board of Hydro One, on an interim basis. (Receive for Information) 1 - 6 Scott Wilson, Secretary- Treasurer and Kathy Zammit, Chief Returning Officer, Association of Municipalities of Ontario (AMO), requesting nominations to the 2003 -2004 AMO Board of Directors. Nomination forms are to be received no later than 4:30 p.m., Thursday, July 31, 2003. (Receive for Information) Summary of Correspondence - 2 - June 23, 2003 -7 Mark Holland,, Regional Councillor, Ward 2, City of Pickering, inviting Council to attend the 5t" Annual Canada Day Celebrations and Muslim Heritage Awards Night on Monday, June 30, 2003. The venue for this event is the H.M.S. Banquet Hall in the Ajax Community Centre located at 75 Centennial Road, Ajax. (Receive for Information) 1 - 8 Canada Mortgage and Housing Corporation, announcing to Council an innovative package of new and expanded tools that will enable non - profit or private sector housing proponents to develop proposals for affordable housing projects. Until July 2, 2003, community groups and others looking for funding to help prepare a proposal for a housing project can now submit applications for this year's funding for a new Seed Funding initiative. (Receive for Information) 1 - 9 Glenn Case, Project Director, Port Hope Area Initiative, inviting Council to participate in the new step in the selection of "alternative means" of carrying out the Port Granby Project. An open house will be held at the Newtonville Community Hall, 10 Church Street, Newtonville, between 6:00 p.m. and 9:00 p.m. on Tuesday, June 24, 2003. (Receive for Information) I - 10 George Graham, Clerk- Administrator, the Township of Brock, advising Council that the Township of Brock on May 12, 2003, passed a resolution unanimously supporting the intent of the resolution passed by the Municipality of Clarington regarding the Iter Project. (Receive for Information) I - 11 City Clerk, City of Toronto, providing Council with a copy of Clause No. 32b contained in Report No. 14 of the Administration Committee, headed "Improving the Quality of Property Assessment Services Delivered to Ontario Municipalities and Ratepayers" which was adopted by the Council of the City of Toronto at its meeting held on April 14, 15 and 16, 2003. (Receive for Information) 1- 12 Association of Municipalities of Ontario (AMO), advising Council that AMO has called for the withdrawal of the PC party platform proposal to introduce legislation that would require municipalities to hold a referendum if proposing a property tax increase. (Receive for Information) Summary of Correspondence - 3 - June 23, 2003 1 - 13 Claude Fortin, Chief Municipal Wastewater Effluents Division, Environmental Protection Service, Environment Canada, advising that Environment Canada is proposing to use pollution prevention planning under Canadian Environmental Protection Act, 1999, for ammonia dissolved in water, inorganic chloramines and chlorinated wastewater effluents as a first step of a long -term strategy for managing wastewater effluents. The Proposed Notice outlines requirements for owners, including municipalities, of selected wastewater collection and treatment systems to prepare and implement pollution prevention plans. This is a flexible instrument which encourages system -wide reviews and life cycle consideration of system design and operation. (Receive for Information) 1- 14 P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable Ernie Eves, advising Council that the Region of Durham on May 28, 2003, passed the following resolution: "THAT the following proposed resolution be approved for distribution to Ontario Premier Ernie Eves, the Minister of Municipal Affairs and Housing, and all local MPP's, and that copies be forwarded to the Association of Municipalities of Ontario (AMO), Durham's local Area Municipalities, other Regions and the Opposition parties; THAT whereas, the three main political parties in Ontario have now issued their policy platforms and the Progressive Conservation Party platform includes a proposal to extend the force of the "Taxpayer Protection Act" to municipalities; THAT whereas "...Voter approval will be required before a municipal council introduces a new tax or increases the rate of an existing tax" ( "The Road Ahead: A Fair Deal for Municipalities Policy Paper" - Attachment #1 to Report #2003- F -44). Further, while municipalities under the Progressive Conservation Party proposals would be able to propose new taxes to raise money for a `specific' program or project, rules include requirements to tax only gasoline sales, rental of hotel or motel rooms and /or the use of parking spaces. Also, the targeted program or project is required "to be clearly identified in a referendum question," with the municipality then "clearly accounting for how the new revenue was spent "; THAT whereas this would have a significant negative effect on day - to -day operations of municipal governments, which differ greatly from that of the Province; Summary of Correspondence - 4 - June 23, 2003 THAT whereas the cost of requiring a reference across the Regional Municipality of Durham for upper tier purposes could reach approximately $500,000 to $600,000 with a similar cost to the lower tier municipalities for a total unnecessary cost of $1,000,000 to $1,200,000 for Region of Durham taxpayers; THAT whereas these costs exclude additional costs related to the launching of public education programs, printing and staff time required to disseminate sufficient budget information for an informed vote on a referendum question; THAT whereas municipal governments are very different from the Provincial Government in a very fundamental way, since municipalities are the only government level without indexed revenues. While Provincial and Federal Governments have revenues that increase over time, municipalities have no similar `automatic' adjustment and can only increase tax rates through direction of Council (despite many costs e.g. salaries, utilities and fuel, fluctuating with inflation levels); THAT whereas increased property values as a result of annual Province -side reassessments do not result in increased municipal tax revenues, since tax rates are adjusted to make reassessments revenue neutral; THAT whereas municipalities are already subject to constraints in setting property tax increases due to Provincially mandated rules regarding property tax capping regulation and policies; THAT whereas municipalities are already required to maintain balanced budgets, and already have very significant revenues and costs that are beyond the control of the municipality, including fluctuations in Provincial and Federal subsidy levels, requirements to maintain service standards developed by the Province, and significant and fluctuating GTA Pooling impacts; THAT whereas the proposal to appoint an Ontario Municipal Services Quality Auditor to annually review the spending of large municipalities (over 50,000) and look at smaller municipalities upon request, seems to be contrary to Provincial practice, when the Province has refused previous requests from GTA partners to have a Provincial Auditor verify GTA Pooling figures and other Provincially mandated programs which significantly impact Municipal tax payers every year; THAT whereas the Provincial legislation (Taxpayer Protection Act, 1999) contains a number of exemptions for the Province, including exemptions for federal tax law changes and revenue decreases, it is unclear whether municipalities will receive similar exemptions for budget fluctuations beyond municipal control; Summary of Correspondence - 5 - June 23, 2003 THAT whereas since these bills were proclaimed, the Province has passed legislation allowing it to override rules, so that promised income and corporate tax cuts (2002), subsequently revoked, would not be deemed to be tax increases; THAT whereas there was no indication of a referendum policy at pre - consultation meetings under the `Memorandum of Understanding' or during discussions leading to the new Municipal Act, that resulted in stringent public notice and consultation requirements for the preparation of municipal budgets and tax rates; THAT whereas the new Municipal Act was initially heralded by the Provincial Government as a route to greater autonomy and flexibility for Ontario municipalities and the new legislation and its regulations and current election platform proposals take us farther from these goals; THAT whereas municipalities already are accountable to constituents through regularly scheduled elections held every three years and also regularly report to constituents in a number of ways, including publication of Performance Measurement Reports, annual audited financial statements, annual remuneration and expense disclosures for elected officials and staff (over $100,000 per annum) and public meetings for financing proposals such as annual budgets and development charges; and NOW THEREFORE BE IT RESOLVED THAT the Regional Municipality of Durham strongly urges the Progressive Conservation Party to exclude any requirement for referendums on new taxes, tax rate increases and /or new sources of revenue, as this policy would be unnecessary, unworkable in the municipal context, not cost - justified and would have serious ramifications for municipalities trying to provide essential services to constituents, while paying for services downloaded from the Provincial Government. Further, Municipalities already have very open and accountable financial and budgeting systems, MPMP reports, internal accountability measures, new Municipal Act accountability measures, and accountability requirements for grant programs which are workable." (Receive for Information) Summary of Correspondence - 6 - June 23, 2003 1 - 15 Fred and Sandy Archibald, Archibald Orchards and Estate Winery Ltd., thanking Council on behalf of Big Brothers /Sisters of Clarin�gton and Archibald Orchards and Estate Winery for supporting the 4t Annual Fruit Wine and Food Festival. In addition to promoting several agricultural commodities and restaurant/catering businesses, the Festival: Generates spin off to other local businesses in the community; Raises funds for Big Brothers & Sisters of Clarington, donating the total gate price; Re- kindles Clarington's country spirit with a social event. Neighbours visit with old neighbours, meet some new neighbours and welcome visitors to the community. (Receive for Information) 1 - 16 Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated June 9, 2003. (Copy attached) (Receive for Information) 1 - 17 Chris Stockwell, Minister of the Environment (MOE), writing to Council regarding the Goodyear Canada Inc. plant in Bowmanville. In August 2002, MOE staff responded to several complaints from residents, located in the Queen Street area of Bowmanville, regarding black soot from the plant that caused damage to their homes and properties. Inspection of the plant and the results of the ministry's sampling confirmed that the Goodyear Canada Inc. plant was the source of the discharge, and a Provincial Officer's Order was issued. The non - compliance was forwarded to the ministry's Investigations and Enforcement Branch (IEB) which conducted an investigation and charged Goodyear Canada Inc. under section 14 of the Environmental Protection Act on February 26, 2003. Prior to the completion of the IEB investigation, the company appealed the Provincial Officer Order, and as a result, a Director's Order was issued on October 2, 2002. Goodyear Canada Inc. has complied with the Director's Order. Ministry staff have met with concerned area residents and will help to develop a community liaison committee that would involve all parties, including Goodyear Canada Inc. (Receive for Information) 1 - 18 The Regional Municipality of Durham, Health Department, reporting to Council that the Durham Region Health Department picked up a dead crow on June 3, 2003, in the Municipality of Clarington that tested positive for the West Nile virus. The Health Department began West Nile Virus surveillance activities on April 14, 2003. To date, the Health Department has submitted 15 dead crows for testing. The Health Department is also involved in West Nile Virus public education activities with local municipalities. The next presentation is scheduled for June 25 in Clarington and planning is underway for a session in Brock Township. (Receive for Information) Summary of Correspondence - 7 - June 23, 2003 1 - 19 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, advising Council that the Region of Durham on June 3, 2003, passed the following resolution regarding Co- operative GTA Planning Initiatives: "a) THAT Commissioner's Report No. 2003 -P -66 be received for information; and b) THAT a copy of Commissioner's Report No. 2003 -P -66 be forwarded to the local municipalities within Durham." (Receive for Information) I - 20 Minutes of the Newcastle Community Hall Board meeting dated May 20, 2003. (Copy attached) (Receive for Information) 1 - 21 Minutes of the Newcastle Community Hall Board meeting dated June 8, 2003. (Copy attached) (Receive for Information) 1-22 Minutes of the Port Granby Project Community Advisory Committee meeting dated June 9, 2003. (Copy attached) (Receive for Information) 1-23 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated June 3, 2003. (Copy attached) (Receive for Information) I - 24 Nancy Wright- Laking, City Clerk, City of Peterborough, advising Council that the City of Peterborough on June 2, 2003, passed the following resolution: "THAT CORRES03 -016 from the Municipality of Clarington regarding the Iter Project, be supported and that the letter also be copied to Gary Stewart." (Receive for Information) 1-25 Clarington Racing Against Drugs, thanking Council for their generous donation to Clarington's fourth annual Racing Against Drugs Event. During the event, June 10 - 12, 2003, they interacted with approximately 1500 grade five students, their teachers and many parent volunteers. This program helps.raise awareness about substance use and abuse prevention, healthy alternative choices to drugs, and many safety issues. (Receive for Information) Summary of Correspondence - 8 - June 23, 2003 1-26 Angela Lloyd, Board Chairperson, Kawartha Pine Ridge District School Board, advising Council that the Kawartha Pine Ridge District School Board approved appointment of its newest trustee, effective until November 30, 2003. Linda Scott, a former executive assistant for the Board who worked closely for several years with former trustee and chairperson Bob Willsher, was appointed to fill the vacancy left following Mr. Willsher's death last March. (Receive for Information) I - 27 Minutes of the GO Transit meeting dated May 9, 2003. (Copy attached) (Receive for Information) 1- 28 John O'Toole, MPP, Durham, advising Council that he has written to The Honourable David Young, Minister of Municipal Affairs and Housing, advising Minister Young that he is in support of Clarington and its partners regarding their application to the Rural Economic Development Program. (Receive for Information) I - 29 John O'Toole, MPP, Durham, providing Council with a copy of the Hansard record from Wednesday, June 4, 2003, in which he had the opportunity to introduce a petition in support of the Iter Project. (Receive for Information) 1-30 Minutes of the Port Granby Project Community Advisory Committee meeting dated June 5, 2003. (Copy attached) (Receive for Information) 1 - 31 John O'Toole, MPP, Durham, advising Council that he has written to The Honourable Janet Ecker, Minister of Finance, requesting an explanation as to why the education portion of the tax bill has been redirected from the Municipality to the applicable school board. (Receive for Information) CORRESPONDENCE FOR DIRECTION D - 1 G. Glenn Case, Manager, Engineering & Operations, Atomic Energy of Canada Limited, providing Council with the following documentation relating to the Port Granby Project: • Thorium -230 Impact Assessment for the Port Hope Area Initiative (Stantec Consulting) • Groundwater Flow and Transport Modelling of the Port Granby Waste Management Facility (INTERA Engineering) • Assessment of Shoreline Protection Component of Proposed B -2 Option (W.F. Baird & Associates). Summary of Correspondence - 9 - June 23, 2003 A 30 -day public review period for these three reports will commence on 2003 June 16 and close on 2003 July 16. (Motion to refer correspondence to the Director of Planning Services and to the Port Granby Project Community Advisory Committee) D - 2 Cathy and Ken Holmes, writing to Council regarding property owners being allowed to install a gate in fencing bordering on green space. The Holmes reside at 17 Merryfield Court in Bowmanville and they back directly onto a green space and retention pond. Mr. Holmes and his son regularly go over to this area to maintain its beauty and cut the grass and weeds. If permitted to install an access gate they would assure that they would only enhance the beauty of this area by regularly removing any paper and debris that accumulates and they would secure the gate with a lock for safety reasons. (Motion to refer correspondence to the Director of Engineering) D - 3 Martha Rutherford Conrad, Administrator, Clarington Museums and Archives, advising Council that the Clarington Museums Transitional Board on May 14, 2003, passed the following resolution: "THAT the Clarington Museums Transitional Board can manage the costs of the Lower Level of the Library Building on Temperance Street due to savings from contract efficiencies, and increased revenue generation; THAT the Clarington Museums Transitional Board is managing their 2003 Budget within budget parameters; THAT the Clarington Museums Transitional Board is actively seeking grants and corporate sponsorships; THAT the Municipality maintains costs associated with the Library Building on Temperance Street that they covered on behalf of the Clarington Public Library." (Motion to refer correspondence to the Chief Administrative Officer and to the Director of Finance) Summary of Correspondence - 10 - June 23, 2003 D - 4 Dave Hardy, Principal, Hardy Stevenson and Associates Limited, providing Council with a copy of their consolidated Peer Review of the four Low Level Radioactive Waste Management Organization ( LLRWMO) Technical Studies. Their review involved a close examination of the Technical Studies, liaison with LLRWMO experts, and attendance at the June 5, 2003, presentation of the results of the studies to the Port Granby Project Community Advisory Committee. (Motion to refer correspondence to the Director of Planning Services and to the Port Granby Project Community Advisory Committee) D - 5 Nancy Pitt, Principal, Lord Elgin Public School, requesting a temporary adult crossing guard in front of the Harold Longworth Public School, beginning September 2, due to the high volume of heavy construction traffic that is and will continue on Longworth Avenue until the new homes are completed. Ms. Pitt will be the principal of this new elementary school. (Motion to refer correspondence to the Directors of Planning Services and Engineering Services) D - 6 Jean Harness, requesting Council to remove the lights from Soper Creek Park. Ms. Harness suffers from asthma and arrhythmia. The lights seer into her windows making her blind in her kitchen and bedroom. She cannot go to bed until after the ball park lights are out. When she is sick she finds this unbearable as she is required to stay up until almost midnight before the park is emptied of lights and noise. Ms. Harness states that she is a prisoner in her own home and at the will of the baseball club. (Motion to refer correspondence to the Director of Operations) D - 7 Evelyn Rozario, President, Orono Business Improvement Association, requesting an interest free loan for approximately $8,000.00 to enable them to proceed with updating the large billboard they have on the east side of Highway 115/35 south. They would also like to add another billboard north of town also on the highway and place a sign on Taunton Road. They feel that new and additional signage will help attract new people to stop in town and enjoy their lovely Main Street. (Motion to refer correspondence to the Director of Finance/Treasurer) Summary of Correspondence - 11 - June 23, 2003 D - 8 R.L. Zelmer, Director, Atomic Energy of Canada Limited, providing Council with a copy of the Complaint Process prepared pursuant to the Legal Agreement of 2001 March 29, for the cleanup and long -term safe management of low -level radioactive waste in the Town of Port Hope, the Township of Hope and the Municipality of Clarington. (Motion to refer correspondence to the Director of Planning Services and to the Port Granby Project Community Advisory Committee) D - 9 Sharon Vokes, County Clerk, Corporation of the County of Grey, advising Council that the County of Grey on June 3, 2003, passed the following resolution: "WHEREAS the announcement of a cow infected with Mad Cow disease has had an immediate negative impact on the livestock industry and related industries; AND WHEREAS the livestock industry is an important part of the Canadian economy; NOW THEREFORE BE IT RESOLVED THAT the County of Grey encourage the senior levels of Government to take immediate action to show financial support to mitigate the negative impact being felt; AND THAT the senior levels of government be encouraged to expeditiously work towards reinstating the export of beef to the United States and other countries; AND FURTHER THAT the resolution be circulated to the Honourable Lyle Vanclief, Minister of Agriculture, the Honourable Helen Johns, Minister of Agriculture and Food, local MPs and MPPs, the Association of Municipalities of Ontario, the Federation of Canadian Municipalities, and all municipalities within the Province of Ontario." (Motion for Direction) D - 10 Martha Rutherford Conrad, Administrator, Clarington Museums and Archives, advising Council that the Clarington Museums Transitional Board on April 9, 2003, passed the following resolution: "THAT we reduce the number of accounts as follows: 1. one consolidated account for operating expenses; and 2. one consolidated account for collecting and restoration purposes; and Summary of Correspondence - 12 - June 23, 2003 3. a ledger will be maintained to record specific future allocation of funds in the collections account as a result of specific donation requests or allocation by the past Clarke and Bowmanville Museum Boards; and 4. reserve funds for each site should remain separate to assure that past bequests are honoured; and THAT a copy of the motion be forwarded to Council." (Motion to refer correspondence to the Director of Finance/Treasurer) D - 11 Laura Moy, Clerk, The Corporation of the Town of Tecumseh, advising Council that the Town of Tecumseh on May 27, 2003, passed the following resolution: "WHEREAS the Emergency Readiness Act, 2002 came into effect April, 2003, pursuant to proclamation of the Lieutenant Governor, which amends the Emergency Plans Act, R.S.O. 1990, c.E.9, now known as the Emergency Management Act; AND WHEREAS pursuant to the Emergency Management Act, R.S.O. 1990, c.E.9 every municipality shall develop and implement an emergency management program and requires the Council of the municipality to by by -law adopt the emergency management program; AND WHEREAS the elements of an emergency management program are specified by the Emergency Management Ontario (EMO) in the Framework of Community Emergency Management Programs, the Guidelines for Emergency Management Programs in Ontario Communities, and the Community Emergency Management Program Handbook; AND WHEREAS the standards set by EMO require each municipality to: perform a community hazard identification and risk assessment; achieve the Essential Program standards as defined in the Framework of Community Emergency Management Programs; and adopt an emergency management program by by -law, within one year of the proclamation of the Emergency Readiness Act, 2002; AND WHEREAS the specifications and elements of an emergency management program were not available prior to the development of the Town of Tecumseh's 2003 fiscal budget; Summary of Correspondence -13- June 23, 2003 NOW THEREFORE be it resolved that the Town of Tecumseh petition Emergency Measures Ontario to amend the requirement for each municipality to: perform a community hazard identification and risk assessment; achieve the Essential Program standards as defined in the Framework of Community Emergency Management Programs and adopt an emergency management program by by -law; from April, 2004 to December 31, 2004, in order to allow municipalities to incorporate the costs of the aforementioned requirements for an emergency management program into its 2004 municipal budget; AND FURTHER that a copy of this resolution be circulated to Ontario Municipalities and AMO for support." (Motion for Direction) D - 12 The Corporation of the Municipality of Central Elgin, advising Council that the Municipality of Central Elgin on May 26, 2003, passed the following resolution: "WHEREAS confusion can result when provincial or federal elections are held concurrently with municipal elections; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Municipality of Central Elgin request the federal and provincial governments to avoid election calls when a municipal election is being held; AND FURTHER THAT a copy of this resolution be forwarded to the Right Honourable Jean Chretien; the Honourable Ernie Eves; the Honourable Gar Knutson, M.P.; and Steve Peters, M.P.P." (Motion for Direction) D - 13 Janice Auger Szwarz, Senior Planner, advising Council that the Clarington Highway 407 Community Advisory Committee on June 17, 2003, passed the following resolutions: "THAT Council be advised that the Clarington Highway 407 Community Advisory Committee declines Council's request to hold a public meeting on their behalf to hear comments on the draft EA Terms of Reference for the Highway 407 East Completion." - and - "THAT the Clarington Highway 407 Community Advisory Committee recommends that Council request the Minister of Transportation to provide written assurance that Bill 25, if enacted, will not apply to the Highway 407 East Completion." - and - Summary of Correspondence -14- June 23, 2003 "THAT the Committee Chair be authorized to send a letter to the Minister of Transportation, copied to the Ministry of the Environment, indicating the Committee's support for Council's request to extend the deadline for the submission of comments on the draft EA Terms of Reference for the Highway 407 East Completion to September 15, 2003." (Motion for Direction) D - 14 Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of Oshawa on June 9, 2003, passed the following resolution: "WHEREAS municipal governments take their responsibility seriously to provide for the health and safety of their communities while controlling taxes within a provincial policy environment; AND WHEREAS the governing party's so called fair deal for municipalities significantly undermines progress on a new deal to share revenues more equitably; AND WHEREAS municipal responsibility is significantly constrained and diminished by the current property tax system; NOW THEREFORE BE IT RESOLVED that the Council of the City of Oshawa supports the position of the Large Urban Mayors Caucus of Ontario ( LUMCO): AND BE IT FURTHER RESOLVED that Oshawa endorse LUMCO's recommendation that a starting point, for building strong communities across Ontario, begin with the current Provincial Government and AMO jointly commissioning an independent review of the pressures facing municipalities and the redistribution of operational responsibilities and sharing of financial resources to avoid tax increases; AND BE IT FURTHER RESOLVED that Oshawa support LUMCO in its request for a response from the Premier by Thursday, June 12, 2003." (Motion for Direction) D - 15 John Mutton, Chair, Ganaraska Region Conservation Authority, advising Council that the Conservation Authorities across the province are requesting that the watershed municipalities within their boundaries endorse the following resolution to support the Final Report of the Advisory Committee: "WHEREAS the Source Protection Advisory Committee's Report builds upon the recommendations of the Walkerton Inquiry; AND WHEREAS the Municipality of Clarington supports the protection of our drinking water resources; Summary of Correspondence - 15 - June 23, 2003 AND WHEREAS the Municipality of Clarington supports the coordinating role in drinking water source protection planning for Conservation Authorities; AND WHEREAS there must be substantial funding from the Province for drinking water source protection planning; AND WHEREAS the implementation and funding details for drinking water source protection is to be developed by the province in consultation with municipalities and other stakeholders; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington generally supports the report and recommendations of the multi - stakeholder Advisory Committee on a Watershed -based Source Protection Planning Framework; AND THAT it is recommended that the Province proceed with implementation of the Advisory Committee's recommendations without delay." (Motion for Direction) D - 16 Mayor Rick Austin, The Corporation of the Municipality of Port Hope, requesting Council to pass the following resolution: "WHEREAS the Municipality of Port Hope has requested that Schedule 8 of the Agreement for Cleanup and Long Term Safe Management of Low Level Radioactive Waste be amended to provide that the Township of Hope Funds may be administered by an Investment Councillor as an option; AND WHEREAS these amendments will provide the Municipality of Port Hope more opportunities for investment of the grant provided by the Federal Government; NOW THEREFORE be it resolved that the Council of the Municipality of Clarington approve the revised Schedule 8 of the Agreement for the Cleanup and Long Term Safe Management of Low Level Radioactive Waste, and forward Council's decision and approval to Natural Resources Canada and the Municipality of Port Hope." (Copy of Schedule 8 attached) (Motion for Direction) REVISED SUMMARY OF BY -LAWS JUNE 23 2003 BY -LAWS 2003 -086 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Joe Domitrovic) (Item #4 of Report #1) 2003 -087 being a by -law to authorize the entering into of an Amending Agreement to the November 2, 1981 Agreement between the Town of Newcastle and 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 Phases 1 to 5 of the Wilmot Creek Community (Ridge Pine Park Inc.) (Item #6 of Report #1) 2003 -088 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Bed and Breakfast Establishments) (Item #7 of Report #1) 2003 -089 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Anoop Saraf, 1529593 Ontario Limited) (Item #8 of Report #1) 2003 -090 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Aspen Heights II Ltd.) (Item #9 of Report #1) 2003 -091 being a by -law to exempt a certain portion of Registered Plan 40M -2048 from Part Lot Control (St. Stephen's Estates Inc.) (Item #10 of Report #1) 2003 -092 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Imperial Oil Limited) (Item #12 of Report #1) 2003 -093 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (829426 Ontario Inc. (Kelvin Whalen)) (Item #12 of Report #1) 2003 -094 being a by -law to exempt a certain portion of Registered Plan 40M -2140 from Part Lot Control (The Kaitlin Group on behalf of 1138337 Ontario Inc. Port of Newcastle — Phase I, Stage III) (Item #17 of Report #1) Summary of By -laws - 3 - June 23, 2003 2003 -107 being a by -law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By -law (Item #32 of Report #1) 2003 -108 being a by -law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T -95029 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -95029 (approved by the Ontario Municipal Board on April 28, 2000) 2003 -109 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Item #14 of Report #1) (Port of Newcastle Homes Inc. (The Kaitlin Group)) 2003 -110 being a by -law to authorize the execution of an offer to Lease Agreement between the Corporation of the Municipality of Clarington and the Lions Club, in respect of a lease for the Clarington Beech Centre, situated at 26 Beech Street, Bowmanville, Ontario (Item #34 of Report #1) 2003 -111 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Thomas Brown Architects, Toronto, Ontario, to enter into an agreement for Courtice Fire Station - Architectural Services, Courtice, Ontario (Report #4) 2003 -112 being a by -law to amend By -law 89 -107, a by -law to regulate the use of skateboards and bicycles in the Municipality of Clarington (Report #2) 2003 -113 being a by -law to authorize a contract between the Corporation of the Corporation of the Municipality of Clarington and Microsoft Business Solutions Corporation, Ontario, to enter into a license agreement for the Great Plains Financial Software (Report #6) 2003 -114 being a by -law to authorize a contract between the Corporation of the Corporation of the Municipality of Clarington and CompuPower Systems Ltd. Inc., Paris, Ontario, to enter into an agreement for the implementation of the system (Report #6) 2003 -115 being a by -law to authorize a contract between the Corporation of the Corporation of the Municipality of Clarington and Diamond Software Inc., Red Deer, Alberta, to enter into a license agreement for the municipal application (Report #6) Summary of By -laws - 4 - June 23, 2003 2003 -116 being a by -law to authorize the execution of a Second Amending Agreement between the Corporation of the Municipality of Clarington, Willsonia Industries Limited, and Halloway Holdings Limited (Report #7) 2003 -117 Confidential Property Matter (Report #10) 2003 -118 Confidential Property Matter (Report #11) 2003 -119 Confidential Property Matter (Report #11) 2003 -120 Confidential Property Matter (Report #12) SUMMARY OF BY -LAWS JUNE 23 2003 BY -LAWS 2003 -086 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Joe Domitrovic) (Item #4 of Report #1) 2003 -087 being a by -law to authorize the entering into of an Amending Agreement to the November 2, 1981 Agreement between the Town of Newcastle and 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 Phases 1 to 5 of the Wilmot Creek Community (Ridge Pine Park Inc.) (Item #6 of Report #1) 2003 -088 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Bed and Breakfast Establishments) (Item #7 of Report #1) 2003 -089 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Anoop Saraf, 1529593 Ontario Limited) (Item #8 of Report #1) 2003 -090 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Aspen Heights II Ltd.) (Item #9 of Report #1) 2003 -091 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (St. Stephen's Estates Inc.) (Item #10 of Report #1) 2003 -092 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (Imperial Oil Limited) (Item 412 of Report #1) 2003 -093 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former Town of Newcastle (829426 Ontario Inc. (Kelvin Whalen)) (Item #12 of Report #1) 2003 -094 being a by -law to exempt a certain portion of Registered Plan 40M -2140 from Part Lot Control (The Kaitlin Group on behalf of 1138337 Ontario Inc. Port of Newcastle — Phase I, Stage III) (Item #17 of Report #1) Summary of By -laws - 2 - June 23, 2003 2003 -095 being a by -law to authorize the execution of an Amending Agreement to the 9 -1 -1 Joint Powers Agreement between The Regional Municipality of Durham, The Regional Municipality of Durham Police Services Board and the Area Municipalities (Item #29 of Report #1) 2003 -096 being a By -law to appoint individuals as Parking Enforcement Officers for Private Property (Item #30 of Report #1) 2003 -097 being a by -law to appoint individuals as Parking Enforcement Officers for Private Property (Item #30 of Report #1) 2003 -098 being a by -law to amend Interim Control By -law 2003 -01 as it applies to the lands and premises known as 234 King Street East, Bowmanville (Item #18 of Report #1) 2003 -100 being a by -law to amend Interim Control By -law 2003 -01 as it applies to the lands and premises known as 241 King Street East, Bowmanville (Item #18 of Report #1) 2003 -101 being a by -law to regulate the dumping, disposing and removing of refuse, debris, litter and other waste materials on lands within the Municipality of Clarington (Item #31 of Report #1) 2003 -102 being a by -law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By -law (Item #32 of Report #1) 2003 -103 being a by -law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By -law (Item #32 of Report #1) 2003 -104 being a by -law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By -law (Item #32 of Report #1) 2003 -105 being a by -law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By -law (Item #32 of Report #1) 2003 -106 being a by -law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By -law (Item #32 of Report #1) Summary of By -laws - 3 - June 23, 2003 2003 -107 being a by -law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By -law (Item #32 of Report #1) 2003 -108 being a by -law to appoint a Municipal Law Enforcement Officer to enforce the Clarington Open Air Burning By -law (Item #32 of Report #1) 2003 -109 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Item #14 of Report #1) (Port of Newcastle Homes Inc. (The Kaitlin Group)) 2003 -110 being a by -law to authorize the execution of an offer to Lease Agreement between the Corporation of the Municipality of Clarington and the Lions Club, in respect of a lease for the Clarington Beech Centre, situated at 26 Beech Street, Bowmanville, Ontario (Item #34 of Report #1) 2003 -111 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Thomas Brown Architects, Toronto, Ontario, to enter into an agreement for Courtice Fire Station - Architectural Services, Courtice, Ontario (Report #4) 2003 -112 being a by -law to amend By -law 89 -107, a by -law to regulate the use of skateboards and bicycles in the Municipality of Clarington (Report #2) 2003 -113 being a by -law to authorize a contract between the Corporation of the Corporation of the Municipality of Clarington and Microsoft Business Solutions Corporation, Ontario, to enter into a license agreement for the Great Plains Financial Software (Report #6) 2003 -114 being a by -law to authorize a contract between the Corporation of the Corporation of the Municipality of Clarington and CompuPower Systems Ltd. Inc., Paris, Ontario, to enter into an agreement for the implementation of the system (Report #6) 2003 -115 being a by -law to authorize a contract between the Corporation of the Corporation of the Municipality of Clarington and Diamond Software Inc., Red Deer, Alberta, to enter into a license agreement for the municipal application (Report #6) Summary of By -laws - 4 - June 23, 2003 2003 -116 being a by -law to authorize the execution of a Second Amending Agreement between the Corporation of the Municipality of Clarington, Willsonia Industries Limited, and Halloway Holdings Limited (Report #7) 2003 -117 being a by -law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T -95029 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -95029 (approved by the Ontario Municipal Board on April 28, 2000) 2003 -118 Confidential Property Matter (Confidential Report EGD- 26 -03) 2003 -119 Confidential Property Matter (Report #10)