HomeMy WebLinkAbout05/10/2004Leading the Way
DATE: MONDAY, MAY 10, 2004
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 April 26, 2004
PUBLIC MEETING
In accordance with section 34(2) of the Municipal Act, 2001, a public meeting is
being held to hear concerns and comments with respect to the Municipality's
( By -law to alter a portion of Boundary Road in the Village of Burketon by
restricting access to the Road Allowance at the westerly terminus of the open
portion of Boundary Road in the Municipality of Clarington
DELEGATIONS
a) lain Alexander, Darlington Soccer Club, Unit #3 - 71 Mearns Court,
Bowmanville, L1 C 4N4 - Report COD - 023 -04
b) Greg Sznajdruk, 9580 Murphy Road, Bowmanville, L1 C 3K6 - Report
CLD -15 -04 (Item #9 of Report #1)
c) Libby Racansky, 3200 Hancock Road, Courtice, L1 E 2M1 - Headgate
Development ZBA 2004 -003
d) Rick James, 55 Centre Street, Bowmanville, L1 C 2Y2 - Heritage District
Proposal
e) Representatives of the Clarington Museums and Archives Board -
Confidential Property Matter
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - May 10, 2004
COMMUNICATIONS
Receive for Information
I - 1 D. Hartford, Bowmanville - Improvements in Bowmanville Creek Valley
Lands
1 - 2 Brian C. Lemon, Chief Executive Officer, Lakeridge Health - Suspension
of its Family Healthcare Centre
1 - 3 Minutes of the Clarington Traffic Management Advisory Committee
1 - 4 Minutes of the Central Lake Ontario Conservation Authority
1 - 5 Minutes of the Clarington Hwy. 407 Community Advisory Committee
1 - 6 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of
Clarington - Thanking Council for their Grant
1 - 7 Dion Drewlo, Meet Coordinator, Clarington Speed Skating Club -Thanking
Council for their Contribution
1 - 8 Federation of Canadian Municipalities - Quality of Life Highlights
1 - 9 Patti Munce, Ministry of Municipal Affairs and Housing - New Legislation to
Reduce Rent Hikes
I - 10 Kim Coates, Clerk, Township of Scugog - Kawartha Conservation 2004
Budget
I - 11 Roger Anderson, Regional Chair, Regional Municipality of Durham -
Request to Amend the Community Improvement Provisions of the
Planning Act and the Municipal Act
I - 12 Gary Polonsky, President, University of Ontario Institute of Technology -
Enhanced Nuclear Capacity in Durham Region
I - 13 Ron Hooper, President, Clarington Board of Trade - Increased Electricity
Base Load
I - 14 Dr. Sheela V. Basrur, Chief Medical Officer of Health and Assistant
Deputy Minister - Outbreak of Severe Acute Respiratory Syndrome
(SARS) Report
I - 15 J.S. Burke, Deputy Minister, Ministry of Municipal Affairs and Housing -
Power Outage of August 14, 2003
Council Agenda - 3 - May 10, 2004
1- 16 David Caplan, Minister of Public Infrastructure Renewal - Extension of
Affordable Housing Program Deadline
1- 17 Association of Municipalities of Ontario - Family Medical Leave Bill 56
1- 18 Allan Hewitt, Chair, Clarington Public Library Board Trustees - Motion
Regarding Report ADM -04 -04
1 - 19 Jim Flaherty, MPP, Whitby -Abandonment of the Durham Courthouse
I - 20 Sandra Kranc, City Clerk, Corporation of the City of Oshawa - Directly
Elected Chair for the Regional Municipality of Durham
I - 21 Debbie Leroux, Deputy Clerk, Corporation of the Township of Uxbridge -
Provincial Highway Improvements in Durham Region
I - 22 Ministry of Natural Resources - Protocol with Police on Response to
Human -Bear Conflicts
I - 23 Richard M. Daley, Mayor, City of Chicago - International Association of
Great Lakes and St. Lawrence Mayors' Conference
1-24 Federation of Canadian Municipalities- New Deal on Rights -of -Ways
I - 25 Janet Harris, Executive Director, Durham Access to Care - Region -Wide
Transit
1-26 Greater Oshawa Chamber of Commerce Media Release -Support for the
Eastward Extension of Highway 407
1-27 Karen Campbell, President & CEO, Greater Toronto Marketing Alliance —
2004 GTA International Awards of Distinction
Receive for Direction
D - 1 Kim Goyne - Designation of a Heritage Conservation District
D - 2 L. H. Woods, Manager, Marshall Macklin Monaghan - Exemption to the
Noise By -law
D - 3 Myles Brandt, President & General Manager, Mosport International
Raceway - Restrict Access on Mosport Road
D - 4 Ross MacEachern, Manager, Environmental Health, The Regional
Municipality of Durham - Larviciding Program within the Municipality of
Clarington
Council Agenda - 4 - May 10, 2004
D - 5 Mary A. Labaj, Immediate Past President, Multicultural Council of
Oshawa/Durham - Elder Abuse Awareness Month
D - 6 Carol Smitton, Committee Secretary - Durham Region Litter Survey
D - 7 Debbie Godfrey, Public Health Nurse - Health Before Pregnancy Month
D - 8 J. D. Leach, City Clerk, City of Vaughan - Property Taxation of the 407
and Future Express Toll Roads (ETR)
D - 9 J. D. Leach, City Clerk, City of Vaughan - Municipal Property Assessment
Corporation Current Value Assessment Process
MOTION
NOTICE OF MOTION
1. General Purpose and Administration Committee Report of May 3, 2004
2. Report EGD -30 -04 - Proposed Installation of a Barrier Structure at the
Westerly Terminus of Boundary Road in Burketon
3. Report CLD -16 -04 - Application For Compliance Audit - Mayor John Mutton's
2003 Election Campaign
4. Report COD - 023 -04 - CL2004 -19 Indoor Soccer Facility & Outdoor Lacrosse
Bowl (to be distributed under separate cover)
UNFINISHED BUSINESS
BY -LAWS
OTHER BUSINESS
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
REPORT #1
REPORT TO COUNCIL MEETING OF MAY 10, 2004
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, MAY 3, 2004
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) Report EGD -27 -04 - Monthly Report on Building Permit Activity for
March, 2004
(b) Report CSD -06 -04 - 2004 March Break Extravaganza
2. MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF APRIL 15, 2004
THAT Report PSD- 049 -04 be received;
THAT Council concurs with the decision of the Committee of Adjustment made
on April 15, 2004 for applications A2004/011 and A2004/012 and that Staff be
authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
3. APPLICATION FOR REMOVAL OF HOLDING SYMBOL AND
APPLICATION FOR REMOVAL OF PART LOT CONTROL —
289143 ONTARIO LIMITED
THAT Report PSD- 050 -04 be received;
THAT the application submitted by 289143 Ontario Limited to remove
the Holding (H) symbol be approved and that the by -law attached to
Report PSD- 050 -04 to remove the Holding (H) symbol be passed and a
copy forwarded to the Regional Municipality of Durham;
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Report #1
- 2 - May 10, 2004
THAT the request for removal of Part Lot Control with respect to Lots 58 -63
inclusive and Lots 73 -81 inclusive, on Plan 40M -2178 be approved and that
the Part Lot Control By -law attached to Report PSD- 050 -04 be passed
pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD- 050 -04 and any delegations
be advised of Council's decision.
4. APPLICATION FOR REMOVAL OF HOLDING SYMBOL —
AKERS AUTO GLASS
THAT Report PSD- 051 -04 be received;
THAT the application submitted be Akers Auto Glass to remove the Holding
(H) symbol be approved and the by -law attached to Report PSD- 051 -04 be
passed and a copy forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD- 051 -04 and any delegations
be advised of Council's decision.
5. APPLICATION FOR REMOVAL OF HOLDING SYMBOL —
1319164 ONTARIO LIMITED
THAT Report PSD- 052 -04 be received;
THAT the application submitted by 1319164 Ontario Limited to remove the
Holding (H) symbol be approved and that the By -law attached to Report PSD -
052-04 to remove the Holding (H) symbol be passed and a copy forwarded to
the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD- 052 -04 and any delegations
be advised of Council's decision.
6. REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE
AND IMPLEMENT DRIVE- THROUGH REGULATIOINS FOR ASPEN
SPRINGS COMMERCIAL DEVELOPMENT — MARTIN ROAD
HOLDINGS LIMTED AND THE MUNICIPALITY OF CLARINGTON
THAT Report PSD- 037 -04 be received;
THAT the rezoning applications submitted by Martin Road Holdings Limited to
permit a convenience store and the proposal by the Municipality of Clarington
to implement drive - through facility regulations be approved and that the By -law
contained in Attachment 2 to Report PSD- 037 -04 be passed once the
outstanding taxes for the subject property have been paid;
Report #1 - 3 - May 10, 2004
THAT a copy of Report PSD- 037 -04 and Council's decision be forwarded to
the Durham Region Planning Department; and
THAT all interested parties listed in Report PSD- 037 -04 and any delegations
be advised of Council's decision.
7. SAWMILL COURT SUBDIVISION, BOWMANVILLE, PLAN 40M -1970,
'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY- LAWS',
FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS
THAT Report EGD -28 -04 be received;
THAT the Director of Engineering Services be authorized to issue a 'Certificate
of Acceptance' for the Final Works, which include final stage roads and other
related works, constructed within Plan
40M -1970; and
THAT Council approve the by -laws attached to Report EGD- 28 -04, assuming
certain streets within Plan 40M =1970 as public highways.
8. HIGH STREET SUBDIVISION, BOWMANILLE, PLAN 40M -1886,
'CERTIFICATES OF ACCEPTANCE' AND 'ASSUMPTION BY- LAWS',
SOTRM SEWER SYSTEM AND ROADS AND ABOVE GROUND
SERVICES, INDLDING ROADS AND OTHER RELATED WORKS
THAT Report EGD -29 -04 be received;
THAT the Director of Engineering Services be authorized to issue 'Certificates
of Acceptance' for the Storm Sewer System and Roads and Above Ground
Services, which include roads and other related works, constructed within Plan
40M -1886; and
THAT Council approve the by -laws attached to Report EGD- 29 -04,
assuming certain streets within Plan 40M -1886, and certain blocks within
Plans 10R -2075, and 40R- 17071, as public highway.
9. MOSPORT PARK
THAT Report CLD -15 -04 be received for information; and
THAT a copy of Report CLD -15 -04 be forwarded to Clay Taylor,
Greg Sznajdruk and Mosport Park for their information.
Report #1 - 4 - May 10, 2004
10. TENDER CL2004 -1, MECHANICAL EQUIPMENT MAINTENANCE
CONTRACT
THAT Report COD - 022 -04 be received;
THAT Tri -Air Systems, Scarborough, Ontario with a total bid of $11,280.00
(plus GST), and a Journeyman hourly rate of $74.50 be awarded the
Mechanical Equipment Maintenance Contract, Part A, as required by the
Municipality of Clarington;
THAT Air Con Systems, Whitby, Ontario, with a total bid of $2,860.00 (plus
GST), and Journeyman hourly rate of $75.00 be awarded the Mechanical
Equipment Maintenance Contract, Part B, as required by the Municipality of.
Clarington;
THAT the contract be extended for a second three year term pending
satisfactory pricing and service; and
THAT the funds expended be drawn from the respective years Mechanical
Equipment Maintenance accounts.
11. PRESENTATION OF PETER WATSON, MANAGER, WASTE
MANAGEMENT DURHAM REGION
THAT the delegation of Peter Watson, Manager, Waste Management, Region
of Durham be received with thanks.
12. FINANCIAL SUPPORT — JUNO BEACH SCHOOL TRIP
THAT the correspondence dated May 2, 2004 from Mr. Mike Strahl regarding
financial support for T- shirts for the school trip to Juno Beach be received for
information.
13. "CLOSED MEETING" RATIFIED
THAT the actions taken during the "closed" session be ratified.
SUMMARY OF CORRESPONDENCE
MAY 10, 2004
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 D. Hartford, Bowmanville, thanking Council for the improvements in the
Bowmanville Creek Valley Lands. The cleanup on the weekend of
April 24 — 25, 2004 is appreciated. Thank you for a cleaner bank and stair
well at the bottom of Rotary Park. To all citizens and school children who
participated, the work certainly shows and is appreciated.
1 - 2 Brian C. Lemon, Chief Executive Officer, Lakeridge Health, informing
Council that in the testing and follow -up of Tuberculosis contacts,
Lakeridge Health will suspend its Family Healthcare Centre effective
May 3, 2004 until further notice. Diagnostic Imaging services at Lakeridge
Health Whitby will continue to be available to local physicians. A news
release was placed in the local media on Sunday, May 2 and Wednesday,
May 5, 2004. Residents requiring medical care are to contact their
physician's office, urgent -care clinic or visit their closest Emergency
Department.
1 - 3 Minutes of the Clarington Traffic Management Advisory Committee
meeting dated April 15, 2004. (Copy attached)
1 - 4 Minutes of the Central Lake Ontario Conservation Authority meeting dated
April 20, 2004. (Copy attached)
1 - 5 Minutes of the Clarington Hwy. 407 Community Advisory Committee
meeting dated April 6, 2004. (Copy attached)
1 - 6 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of
Clarington, thanking Council for their generous contribution for the
generous grant of $2,000.00. As a charitable organization, they rely
heavily on the support of our community and appreciate both Clarington's
donation and support.
1 - 7 Dion Drewlo, Meet Coordinator, Clarington Speed Skating Club, thanking
Council for their generous contribution for the "Celeblade 2004:
Celebrating Team Sport" which took place March 20 and 21, 2004 at the
South Courtice Arena. They welcomed 226 skaters representing 18
speed skating clubs.
1 - 8 Federation of Canadian Municipalities advising Council of the release of
the third in its series of reports on quality of life highlights in 20
municipalities. The report finds that, despite general improvements in
rates of post - secondary education, employment growth and home-
ownership, quality of life deteriorated for a number of people during the
1990s. Improvements in income and poverty rates since 1996 have been
offset by a growing income gap, housing affordability problems and
changes to social programs. The report illustrates the urgency of a New
Deal for Canada's communities.
Summary of Correspondence - 2 - May 10, 2004
1 - 9 Patti Munce, Ministry of Municipal Affairs and Housing, advising Council
that The Honourable John Gerretsen announced the government will
introduce legislation to suspend the automatic two per cent base portion of
annual rent increase for tenants in 2005. If passed, rent increases would
be based solely on the Rent Control Index, a formula which takes into
account increases in operating costs faced by landlords. The legislation
will provide a "time out" while the government consults with tenants and
landlords on replacing the previous government's misnamed "Tenant
Protection Act." The current law has neither protected tenants from
excessive rent increases, nor spurred the development of sufficient new
rental accommodation. Decent and affordable rental housing is
fundamental to the strength and well -being of our communities.
I - 10 Kim Coates, Clerk, Township of Scugog, advising the Minister of Natural
Resources, the Minister of the Environment and the Minister of Municipal
Affairs and Housing that the Township of Scugog on April 12, 2004
passed a resolution supporting the Kawartha Conservation 2004 Budget.
I - 11 Roger Anderson, Regional Chair, Regional Municipality of Durham,
advising the Minister of Municipal Affairs and Housing that Regional
Council passed the a resolution on April 14, 2004 requesting that the
Planning Act and the Municipal Act be amended to allow direct
participation of the upper -tier municipalities in local municipal community
improvement programs, including the provision of incentives.
1 - 12 Gary Polonsky, President, University of Ontario Institute of Technology,
writing to John O'Toole, MPP, Durham, requesting support on the matter
of enhanced nuclear capacity in Durham Region and specifically, in
Clarington. He states that Ontarians do not have sufficient hydro power to
meet their daily needs. Thus, we must do the best we can with what
we've got. While everyone is fully supportive of better conservation and
green power (e.g. wind, solar, hydrogen), the recent Manley report makes
clear that they will simply be inadequate to fuel Ontario's current and
future needs. So, we seem to have no choice but to expand our nuclear
capacity.
-13 Ron Hooper, President, Clarington Board of Trade, advising Council of the
need for increased electricity base load supply. The Clarington Board of
Trade supports the contention that if the best way to sustain our quality of
life and keep our business competitive is with nuclear power, then the best
place to build the generation is here in Clarington. The expertise and
infrastructure necessary to build and operate a safe and productive
nuclear power plant already exists in our community. At the same time,
The Clarington Board of Trade urges the municipality to prove itself a
leader in energy conservation to lessen the need for additional generating
facilities.
Summary of Correspondence - 3 - May 10, 2004
1 - 14 Dr. Sheela V. Basrur, Chief Medical Officer of Health and Assistant
Deputy Minister, advising Council that Health and Long -Term Care
Minister George Smitherman has released the interim report from Mr.
Justice Archie Campbell on the investigation in the outbreak of Severe
Acute Respiratory Syndrome (SARS). The report was submitted to the
Minster on April 15, 2004, and is available on the web site
www.health.gov.on.ca. The Campbell Commission was established to
investigate how the SARS virus came to the province, how it was spread
and later contained. The report outlines what happened, what lessons
have been learned and what improvements should be made to Ontario's
healthcare system.
1 - 15 J.S. Burke, Deputy Minister, Ministry of Municipal Affairs and Housing
advising Council of the province's current plan regarding municipal costs
incurred in response to the power outage of August 14, 2003. The
decision to compensate municipalities and other public authorities was
made and communicated by the previous government in August 2003. In
light of the considerable existing debt, the government has decided not to
proceed with the compensation program.
I 16 David Caplan, Minister of Public Infrastructure Renewal advising the
Association of Municipalities of Ontario that the submission deadlines for
the Affordable Housing Program have been extended to August 31, 2004
and encouraging new submissions while the program is being developed.
1 - 17 Association of Municipalities of Ontario advising Council that The
Honourable Chris Bently, the Minister of Labour, introduced Bill 56
"Employment Standards Amendment Act (Family Medical Leave)" on
April 13, 2004. This Act will allow up to eight weeks of job protected family
medical leave, during which time the employee must continue to pay their
share of any benefit, pension or health plans. An employee must provide
the employer with a supporting medical certificate confirming that a family
member has a serious medical condition with significant risk of death
within 26 weeks.
I - 18 Allan Hewitt, Chair, Clarington Public Library Board Trustees, advising
Council that on April 28, 2004, the Board passed the following motion
regarding Report ADM- 04 -04:
"THAT Correspondence Item D -1 be received, and
THAT a letter be sent to Municipal Council stating that the Library
Board is unable to endorse Report AD 04 -04 due to insufficient
financial data from the Municipality of Clarington to support the
recommendations as a budgetary measure."
Summary of Correspondence - 4 - May 10, 2004
1 - 19 Jim Flaherty, MPP, Whitby, writing to Roger Anderson, Chair, Durham
Region addressing the Government's abandonment of the Durham
Courthouse. The RFQ and RFP process were completed in substantial
time and expense and would have been a major cornerstone of
infrastructure in Durham Region. He is requesting Regional Council's
support on this matter.
1-20 Sandra Kranc, City Clerk, Corporation of the City of Oshawa, advising
Pat Madill, Regional Clerk, Regional Municipality of Durham that the City
of Oshawa passed the following resolution at their meeting held on
April 26, 2004:
"THAT the Region of Durham be advised of Oshawa Council's
decision of April 5, 2004, to support the option of a directly elected
Chair for the Regional Municipality of Durham."
I - 21 Debbie Leroux, Deputy Clerk, Corporation of the Township of Uxbridge,
advising Council that on April 19, 2004 the Township of Uxbridge passed
the following resolution regarding the Provincial Highway Improvements in
Durham Region:
"THAT the Provincial Government be advised that we support the
resolution of the Municipality of Clarington to resume and expedite
the completion of Highway 407 east to Highway 35/115 ".
1-22 Ministry of Natural Resources advising Council that they and the Ontario
Provincial Police have signed a protocol clarifying roles and
responsibilities around responding to problems between humans and
bears. The Ontario Association of Chiefs of Police supports the protocol
and will encourage member forces to use it as a template to reach
agreements with municipal forces.
I - 23 Richard M. Daley, Mayor, City of Chicago, inviting Council to the
International Association of Great Lakes and St. Lawrence Mayors'
Conference to be held in Chicago on July 14 -16, 2004. This year's
conference is "Great Lakes — Great Ideas." Conference information can
be found at www. ttclients .com /2004MavorsConference.
1-24 Federation of Canadian Municipalities advising Council of their concerns
for a New Deal on rights -of ways. The Right -of -Way Defense Fund allows
monitoring and participation in the defense of legal challenges to the use
of municipal rights -of -ways by telecommunications carriers. A series of
Canadian Radio - television and Telecommunications Commission
decisions have led to a number of disputes between municipal
governments and telecommunication carriers. Municipal governments
must have full authority to manage publicly owned property and receive
fair compensation for the use and occupancy of municipal property. They
are engaged in a national campaign to communicate these concerns and
seek a solution to the conflict.
Summary of Correspondence - 5 - May 10, 2004
1-25 Janet Harris, Executive Director, Durham Access to Care, advising
Council of their support for the Region's vision of providing access to
transit throughout Durham. Although their services are delivered in the
home, they do have numerous community -based organizations that their
clients need to access such as Adult Day Programs. As well, home care
clients often require health and medical care that cannot be provided in
the home. On these occasions, clients are often additionally challenged
by the lack of availability of a transit system.
1-26 Greater Oshawa Chamber of Commerce forwarding a media release
advising that the Highway 407 Eastward Extension is supported by
Ontario Businesses. At the recent Annual General Meeting of 160 local
Chambers of Commerce and Boards of Trade, the resolution regarding
the extension received overwhelming support of the delegates.
1-27 Karen Campbell, President & CEO, Greater Toronto Marketing Alliance
forwarding a copy of Canadian Business, Canada's best selling business
magazine, highlightin the winners of the 2004 GTA International Awards of
Distinction.
CORRESPONDENCE FOR DIRECTION
D - 1 Kim Goyne, Bowmanville, advising Council of concerns regarding the
designation of the area bounded by Wellington, Liberty and Concession
Streets as a Heritage Conservation district. The designation is not what
the homeowners want, nor will it best serve their interests, and she has
concerns of the process itself. At a LACAC meeting, it was indicated there
was a consensus to support proceeding to Phase II; she believes it was
made quite clear that they did not. She asks that Council defer making
decisions pertaining to the heritage designation until recently drafted
changes to the Heritage Act can be fully understood. With a more
balanced representation of neighbourhood interests and wishes and some
independent guidance, their efforts can benefit neighbourhoods
throughout the municipality.
(Motion to refer correspondence to the
Director of Planning Services)
D - 2 L. H. Woods, Manager, Marshall Macklin Monaghan, requesting an
exemption to the Noise By -law for the period of May 8 — September 30,
2004. An Agreement between Hydro One and St. Marys has been
completed for the relocation of Westside Creek to an easement located
between the Hydra One towers. In order to complete the Westside Creek
diversion channel, culverts are required to be constructed at the towers.
The construction must proceed continuously, dawn to dusk, seven days a
week until completed.
(Motion to approve by -law exemption for
the period May 8 to September 30,
2004)
Summary of Correspondence - 6 - May 10, 2004
D - 3 Myles Brandt, President & General Manager, Mosport International
Raceway, requesting Council to restrict access on Mosport Road for the
following dates in order to restrict access to race fans coming to Mosport
and disrupting the neighbours along the road:
• May 21St from 7:00 a.m. — May 23rd at 3:00 p.m.
• June 20th from 7:00 a.m. to 3:00 p.m.
• June 27th from 7:00 a.m. to 2:00 p.m.
• July 16th from 7:00 a.m. — July 18th at 3:00 p.m.
• August 5th from 7:00 a.m. — August 8th at 3:00 p.m.
Security is instructed to just restrict access and allow normal traffic to go
through and not cause the three or four families who live on the road any
problems and /or inconvenience.
(Motion to approve provided organizers
apply for and obtain a Road Occupancy
Permit from the Engineering Services
Department)
D - 4 Ross MacEachern, Manager, Environmental Health, The Regional
Municipality of Durham requesting Council's permission to conduct a
larviciding program within the Municipality of Clarington. During the spring
and summer of 2004, the Durham Regional Health Department will be
conducting activities involving West Nile Virus vector control for
mosquitoes in the Region of Durham. An important component of Durham
Region West Nile virus Vector Control Plan involves conducting a
larviciding program through early spring to mid summer in catch basins
and other stagnant water bodies on municipal and regional property. In
order to receive a permit issued from the Ontario Ministry of the
Environment to apply a larvicide to municipal property, the municipality
within the jurisdiction of a Region must supply a letter from a
representative of the municipality authorizing the use of a larvicide in the
municipality by the Region.
(Motion to Approve)
D - 5 Mary A. Labaj, Immediate Past President, Multicultural Council of
Oshawa /Durham, requesting Council to declare the month of June as
"Elder Abuse Awareness Month ". The sufferings of our elder citizens have
not received the same attention as the issues of child and spousal abuse.
The Municipality of Clarington's recognition of the importance of this issue
goes a long way towards raising public awareness about elder abuse.
(Motion to Proclaim)
Summary of Correspondence - 7 - May 10, 2004
D - 6 Carol Smitton, Committee Secretary, advising Council that on April 21,
2004 Durham Region passed the following resolution regarding the
Durham Region Litter Survey Report 20004 -WR -6:
"THAT Report #2004 -WR -6 of the Commissioner of Works, be
received for information;
THAT a copy of Report #2004 -WR -6 of the Commissioner of Works
be forwarded to the Area Municipalities, School Boards and
Durham College, requesting their assistance with Durham Region's
litter concerns; and
THAT Regional staff develop an educational package to address
the Region's litter issues."
(Motion to refer correspondence to the
Director of Operations)
D - 7 Debbie Godfrey, Public Health Nurse, Regional Municipality of Durham
requesting proclamation of June as "Health Before Pregnancy" month.
For the 2004 campaign, special consideration will be given to the
importance of planning a pregnancy that is alcohol -free and smoke -free.
The effects of drinking alcohol and smoking during pregnancy can last a
baby's lifetime.
(Motion to Proclaim)
D - 8 J. D. Leach, City Clerk, City of Vaughan, advising Council that the City of
Vaughan on April 26, 2004 passed the following resolution regarding the
Property Taxation of the 407 and Future Express Toll Roads (ETR):
"Whereas the 407 ETR is being operated on a for - profit basis
through tolls paid by those using the highway;
And Whereas the 407 ETR operates in a number of municipalities;
And Whereas the Province plans to expand the use of toll roads in
Ontario;
And Whereas municipal roads connected to the 407 ETR are
subject to increased vehicular traffic placing additional demand on
the local infrastructure;
And Whereas the land occupied by the 407 ETR is not available to
generate property tax revenue to the local municipality;
And Whereas the Province of Ontario makes payments -in -lieu of
taxes on lands owned or controlled by the Province where taxable
tenants occupy the land;
And Whereas the current Assessment Act exempts from taxation,
toll highways, and the current Municipal Tax Assistance Act
excludes highways from a payment in lieu of property taxes (PIL);
Summary of Correspondence - 8 - May 10, 2004
And Whereas the Mayor of the City of Vaughan, Mayor Michael Di
Biase raised this issue with the Minister of Finance on March 18,
2004, during the Province's Pre- Budget Discussions;
Now, therefore be it resolved that the Province of Ontario make the
necessary legislative /regulatory changes regarding the 407 and all
future express toll roads, to provide local municipalities with;
• The ability to charge property taxes, or
• The ability to charge payments in lieu of taxes (PIL's) at the
commercial rate that would be payable if property taxes were
applicable, or
• An equivalent portion of the revenues received from Express
Toll Roads.
And that a copy of this resolution be forwarded to the Premier of
Ontario, Dalton McGuinty, the Honourable Greg Sorbara,
Minister of Finance, the Honourable Harinder Takhar, Minister of
Transportation, the Honourable John Gerretsen, Minister of
Municipal Affairs and Housing, local members of Provincial
Parliament, the Association of Municipalities of Ontario (AMO),
the Region of York and other municipalities that have 407 ETR
lands.
(Motion for Direction)
D - 9 J. D. Leach, City Clerk, City of Vaughan, advising Council that the City of
Vaughan on April 26, 2004 passed the following resolution regarding the
Municipal Property Assessment Corporation Current Value Assessment
Process:
"Whereas the Provincial Government adopted in 1998, Current
Value Assessment as a property valuation system for Ontario;
And Whereas the Current Value Assessment is the base which
provides the foundation on which a municipality levies property
taxes;
And Whereas the Municipal Property Assessment Corporation
(MPAC) was charged with the authority of assessing all properties
in Ontario;
And Whereas the City of Vaughan Council has received
correspondence and complaints from property owners concerning
the current value assessment system:
And Whereas property owners including seniors could find Current
Value Assessment (CVA) difficult as a result of annual
reassessment;
Summary of Correspondence - 9 - May 10, 2004
Now, therefore be it resolved that the Province of Ontario
immediately begin a process to review the issues relating to the
CVA system and property tax legislation which should include a
review of the following:
• The quality of the property valuation and service provided by
MPAC;
• An assessment of the impact on current value assessment of
subsequent legislation that introduced property tax mitigation
tools, such as capping and clawback, etc.;
• The frequency of property reassessment, which is currently
done on an annual basis; and
• The valuation date used in the reassessment of properties,
currently June of each year.
And that the Province as part of the review process consider:
• The elimination of the capping and clawback and other
mitigation tools;
• Decrease the frequency of property reassessment by MPAC
to every three years which will permit sufficient time for
appeals, inspections, will provide a longer stable valuation
period and reduce costs;
• The property valuation date used in the process of property
assessment should be changed from June 30 to January 1St
of each reassessment year thereby permitting sufficient time
for inspection, review and the timely provision of assessment
data to local municipalities; and
• A review of MPAC's staffing requirements and processes to
improve the quality of the assessment data and ensure a cost
effective assessment system.
And that MPAC continue to meet with all the stakeholders to
better understand the current issues so that a positive change
can be made to improve customer service and the CVA system.
And that the Province strengthen the Ministry of Finance /MPAC
Joint Committee that will be addressing MPAC service issues to
include municipal and municipal association representatives.
And that a copy of this resolution be forwarded to the Minister of
Municipal Affairs and Housing, John Gerretsen, the Minister of
Finance, Greg Sorbara, Chairman Peter Hume, MPAC Board of
Directors, local Members of Provincial Parliament and the
Association of Municipalities of Ontario (AMO), the Region of
York and municipalities in the Province of Ontario with a
population over 50,000."
(Motion for Direction)
SUMMARY OF BY -LAWS
MAY 10, 2004
BY -LAWS
2004 -116 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle (289143
Ontario Limited) (Item #3 of Report #1)
2004 -117 being a by -law to exempt a certain portion of Registered Plan 40M -2178
from Part Lot Control (289143 Ontario Limited) (Item #3 of Report #1)
2004 -118 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the Municipality of Clarington (Akers Auto
Glass) (Item #4 of Report #1)
2004 -119 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the Municipality of Clarington (1319164
Ontario Limited) (Item #5 of Report #1)
2004 -120 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the Municipality of Clarington (Martin
Road Holdings Limited) (Item #6 of Report #1)
2004 -121 being a by -law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington (Item #7 of Report #1)
2004 -122 being a by -law to assume a certain street within the Municipality of
Clarington as a public highway in the Municipality of Clarington (Item #7
of Report #1)
2004 -123 being a by -law to establish, lay out and dedicate certain lands as public
highways in the Municipality of Clarington (Item #8 of Report #1)
2004 -124 being a by -law to assume a certain street within the Municipality of
Clarington as a public highway in the Municipality of Clarington (Item #8
of Report #1)