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HomeMy WebLinkAbout09/13/2004i Leading the Way .. .., ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETINGS DATE: MONDAY, SEPTEMBER 13, 2004 u �IUT' PLACE: COUNCIL CHAMBERS Minutes of a meeting of Council held on June 28, 2004 Minutes of a special meeting of Council held on July 21, 2004 Minutes of a special meeting of Council held on September 7, 2004 DEVELOPMENT CHARGES HEARING Dom's Auto Parts Company Limited, 1604 Baseline Road West, Courtice, L1 E 2S5 PRESENTATIONS a) Awards of Excellence for Fighting Crime - Staff Sergeant Bruce Townley - Detective Sergeant Kimberly Bulloch DELEGATIONS a) Kevin Roberts, 4491 Highway #2, Newtonville, L1 B 1 L9 - Campfires on Residential Properties - Burning By -law b) Josip Tomina, 2897 Solina Road, North, Bowmanville, L1 C 3K4 - Zoning By -law C) Marcia Tomina, 2897 Solina Road, North, Bowmanville, L1 C 3K4 - Zoning By -law CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - September 13, 2004 d) Robert Stevens, 33 Stevens Road, Bowmanville, L1 C 4R7 — Rezoning Application ZBA 2004 -027 and COPA 2004 -003 e) John Bergeron, 2611 Maple Grove Road, Bowmanville, L1 C 3K4 — High Speed Internet f) Marg Logeman, 7104 Liberty Street North, Bowmanville, L1 C 3K6 — Report CLD -26 -04 g) Jeff Lockwood, 45 Venton Court, Bowmanville, L1 C 5E9 — Report CLD -26 -04 h) Eugene Skripkariuk, 122 Edward Street East, Newcastle, L1 B 1 M4 — Report CLD -25 -04 i) Darren Berezowski, 32 Emily Street East, Newcastle, L1 B 1 H3 — Report CLD -25 -04 COMMUNICATIONS Receive for Information 1- 1 Fred & Sandy Archibald, Archibald Orchards & Estate Winery Ltd. — Thank you 1 - 2 Katerina Alexopoulos, Summer Program Co- ordinator, Firehouse Youth Centre — Thank you 1 - 3 Minutes of the Ganaraska Region Conservation Authority 1 - 4 Minutes of the Ganaraska Region Conservation Authority 1 - 5 Minutes of the Clarington Traffic Management Advisory Committee 1 - 6 Minutes of the Clarington Traffic Management Advisory Committee 1 - 7 Minutes of the Central Lake Ontario Conservation Authority 1 - 8 Minutes of the Central Lake Ontario Conservation Authority 1 - 9 Minutes of the Durham Nuclear Health Committee I - 10 Minutes of the Clarington Museums and Archives Board Council Agenda - 3 - September 13, 2004 1 - 11 Minutes of the Clarington Museums and Archives Board I - 12 Minutes of the Kawartha Conservation Authority I - 13 Minutes of the Greater Toronto Transit Authority I - 14 Minutes of the Greater Toronto Transit Authority I - 15 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee I - 16 Ontario Power Generation Nuclear Report Card - Second Quarter Report 2004 1 - 17 Ontario Power Generation -'Darlington Neighbours'- Summer 2004 Brochure 1 - 18 Cheryl MacLeod, Executive Director, Hospice Durham - 2003-2004 Annual Report 1 - 19 Richard F. Stephenson, Chair, Assessment Review Board - 2000-2002 and 2002 — 2003 Annual Reports I - 20 Mayor John Gray, City of Oshawa - City of Oshawa's Annual Report to Citizens I - 21 Patty A. Finch, Manager of Charitable Giving, PETsMART Charities - PETsMART Charities of Canada Grant 1- 22 John O'Toole, MPP, Durham - "Find Another Way Day" 1-23 Federation of Canadian Municipalities -Congratulating the June 28, 2004 Election Candidates 1-24 Holly MacLean, President and Bev LeMay, Clinical Director, S.M.A.R.T. Inc. — Needs Identification /Case Management 1-25 Rick Cox, Chairperson, Durham Land Stewardship Council - 2003 Durham Land Stewardship Council Annual Report Council Agenda - 4 - September 13, 2004 1 - 26 Spencer Hutchison, Director of Planning Services, Municipality of Port Hope - Official Plan Amendment No. 9 1-27 Neil Rodgers, President, Urban Development Institute /Ontario - "Ensuring Balance: Provincial Land Use Planning Initiative and Economic Growth in Central Ontario" 1-28 Kim Coates, Clerk, Township of Scugog - Regional Smoke -Free By -Law 66 -2002 1-29 Will Akkermans, General Manager, Central Region, Enbridge Gas Distribution - Commodity Price - Related Adjustment 1-30 Minutes of the Clarington Accessibility Advisory Committee 1 - 31 Minutes of the Clarington Animal Advisory Committee 1-32 Minutes of the Clarington Agricultural Advisory Committee 1-33 Patti Munce, Minister's Office, Municipal Affairs and Housing - Greenbelt Task Force Members 1 - 34 Steven Finlay, Executive Director, The Oshawa/Clarington Association for Community Living - Community Living Oshawa/Clarington's "2003/2004" Annual Report 1-35 The Honourable John Gerretsen, Ministry of Municipal Affairs and Housing - Greenbelt Task Force Recommendations to the Ontario Government for Greenbelt Protection 1-36 Debi Bentley, Deputy Clerk, Regional Municipality of Durham - Request to the Province to Amend the Development Charges Act, 1997 1-37 David Sterrett, President, The Ontario Aggregate Resources Corporation - 2003 Annual Reports of the Aggregate Resources Corporation 1-38 John O'Toole, MPP, Durham - Property Assessment Corporation and Current Value Assessment Process Council Agenda - 5 - September 13, 2004 1- 39 John O'Toole, MPP, Durham - Municipal Property Assessment Corporation and Current Value Assessment Process 1-40 Liz Dowdeswell, President, Nuclear Waste Management Organization — Peer Review Funding 1 - 41 The Honourable Dwight Duncan, Minister of Energy - Nuclear Energy 1-42 Glenn Sutton, Chair, Canadian Association of Nuclear Host Communities — Nuclear Alerting Practices 1-43 The Honourable Chris Bentley, Ministry of Labour — Mandatory Retirement 1-44 Judith Andrew, Vice President, Ontario Canadian Federation of Independent Business - "The Real Deal on Municipalities" 1-45 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation - 2002 — 2003 Report on the Durham Region Coastal Wetlands - Baseline Conditions and Study Findings 1-46 Des Steel, Chairman, Reunion Committee, Royal Canadian Naval Association - Commending the Municipality of Clarington's Staff 1-47 Wayne Arthurs, Parliamentary Assistant, Management Board of Cabinet - Annual Conference "Showcase Ontario" 1-48 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing - "Making Choices: A Guide to Service Delivery Review for Municipal Councillors and Senior Staff" 1-49 Pat M. Madill, Regional Clerk, Regional Municipality of Durham - Policy for the Reimbursement of Employees and Councillors for Legal Expenses 1-50 The Honourable Harinder Takhar, Minister of Transportation - Red Light Cameras Pilot Projects Extension Act, 2002 1 - 51 Association of Municipalities of Ontario - Red Light Cameras Council Agenda - 6 - September 13, 2004 1 - 52 The Honourable Harinder Takhar, Minister of Transportation - 2004 Ontario Transit Vehicle Program I - 53 Carl Isenburg, President & Chief Administrative Officer, Municipal Property Assessment Corporation - Ontario's Current Value Assessment System 1-54 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing - Final Recommendations of the Greenbelt Task Force 1-55 Janet Georgieff, Executive Director, The Community Foundation of Durham Region - 2003 Annual Report for "The Community Foundation of Durham Region" 1-56 Ernie Roberts -Tax Increases 1-57 Karen Monaghan, Communications, Lakeridge Health -"Lakeridge Health Strategic Plan" 1-58 Karen Monaghan, Communications, Lakeridge Health - Members of the Lakeridge Health — North Durham Community Council 1-59 John O'Toole, MPP, Durham - Railway Rights of Way 1-60 The Honourable Leona Dombrowsky, Minister of Environment - Environmental Assessment Process Receive for Direction D - 1 Marolyn Morrison, Mayor, Town of Caledon - Discussion Paper on "Towards a Golden Horseshoe Greenbelt" D - 2 Ian Wheelband, Chair, Light Pollution Abatement Committee and Michael Cox, President, The Durham Region Astronomical Association — Outdoor Lightening & Light Pollution D - 3 G. Glenn Case, Director, Port Hope Area Initiative, Atomic Energy of Canada Limited - Draft of the "Discussion Document on Cleanup Criteria Development for the Port Hope Area Initiative" Council Agenda - 7 - September 13, 2004 D - 4 Michael Patrick, Chairman, CBOT Economic Development Committee, Clarington Board of Trade - Economic Development Activities D - 5 Barb Hiff, Executive Director, Distress Centre, Durham - Distress Centre Durham "Wish List" D - 6 Detective Craig Greentree, #299, Durham Regional Police Service - Municipal Grant to Support the 4th Annual Luke's Place Charity Baseball Tournament D - 7 R.T. Parker, Bowmanville - Noise Pollution in Regards to the use of Train Whistles D - 8 Lorraine Knowles, Vice Principal, Courtice Secondary School — Hosting of the Terry Fox Run D - 9 Jean Graham, Chairperson, Newcastle Lions Club - 10th Annual Walk D - 10 Kim Coates, Clerk, Township of Scugog - "Proposal for the Protection of the East Cross Forest" D - 11 Tricia Dallaway, Durham Region Health Department - "Drug Awareness Week" D - 12 Yvonne Kurz, Public Health Nurse, Injury Prevention Program, Safe Homes Safe Play, Regional Municipality of Durham - "Safe Homes for Children" D - 13 Susan Shetler, Founder, President, Durham Region Canadians Addressing Sexual Exploitation - "White Ribbon Week" D - 14 Laurie Bray, Public Health Nurse, Regional Municipality of Durham - "Invite Us Along!„ D - 15 Harvey Starkman, Vice President, Toronto Residents in Partnership - "Elder Abuse Awareness Month" D - 16 The Honourable Judy Sgro, Minister of Citizenship and Immigration - "Canada's Citizenship Week" Council Agenda - 8 - September 13, 2004 D - 17 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington - "Mentoring Month" D - 18 Stephanie Miskew, Project Coordinator, Durham's Child Nutrition Project - "Breakfast for Learning Month" D - 19 Brad Graham, Assistant Deputy Minister, Smart Growth Secretariat, Ministry of Public Infrastructure Renewal - Plan for Growth and Economic Expansion in the Greater Golden Horseshoe "Places to Grow: Better Choices. Brighter Future. A growth plan for the Greater Golden Horseshoe" D - 20 George Vadeboncoeur, President, Ontario Municipal Management Institute - Congratulate Fred Horvath, Director of Operations D - 21 Morris O'Reilly — Concerns Regarding Garbage and Energy D - 22 Ian Macnab, Chief Administrative Officer, Kawartha Conservation - Provincial Transfer Payments D - 23 Ian Macnab, Chief Administrative Officer, Kawartha Conservation - Source Protection Planning Legislation D - 24 Mary Ellen Greb, Deputy Clerk- Treasurer, Township of South -West Oxford - Municipal Outlet Drainage Program (Drainage Act) D - 25 Rosaline Graham, Clerk, Municipality of Kincardine - Municipal Outlet Drainage Program (Drainage Act) D - 26 Andrea Rivest, Clerk, Town of Lakeshore - Municipal Outlet Drainage Program D - 27 Kriss Snell, Clerk, Town of North Perth - Municipal Outlet Drainage Program D - 28 Linda Burling, Clerk, Town of Kingsville - Municipal Outlet Drainage Program D - 29 Kriss Snell, Clerk, Town of North Perth - Bovine Spongiform Encephalopathy Council Agenda - 9 - September 13, 2004 D - 30 Michel Morrissette, Clerk Administrator, Town of Iroquois Falls - Provincial Gas Tax D - 31 W. Henry Sander, Director of Corporate Services, Township of Severn - Provincial Funding Emergency Management Act D - 32 Debbie Shields, Supervisor of Administrative Services, Corporation of the Town of Whitby - Establishment of Provincial Standards or Templates for Barrier Free Access D - 33 Denise Labelle - Gelinas, City Clerk, Corporation of the Town of Cornwall - Ontarians with Disabilities Act — Special Funding D - 34 Catherine Axford, Executive Assistant to The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Foundation - Invitation to the Ontario Heritage Foundation's "Heritage Community Recognition Program 2004" D - 35 Carol O. Trainor, Clerk/Deputy Treasurer, Town of Essa - Employment Rights of Fire Fighters D - 36 Pat Kemp, Clerk/CAO, Township of Galway- Cavendish & Harvey - Employment Rights of Fire Fighters D - 37 Cindy Fleming, Acting City Clerk, City of Oshawa - Littering Problems, Litter Control Programs and Possible Anti - Littering Strategies D - 38 P.M. Madill, Regional Clerk, Regional Municipality of Durham - By -law to Amend the Region's Smoke -Free By -law #66 -2002 D - 39 P.M. Madill, Regional Clerk, Regional Municipality of Durham - Relocation of VIA Rail D - 40 Roger Anderson, Regional Chair, Regional Municipality of Durham - "Priority Zones" and the "Timing Provisions" D - 41 Laura Moy, Clerk, Town of Tecumseh - Municipal Water Service — Request for Funding D - 42 Debi Bentley, Deputy Clerk, Regional Municipality of Durham - Request for Additional Justices of the Peace Council Agenda - 10 - September 13, 2004 D - 43 Jim Pine, Chief Administrative Officer - Clerk, County of Hastings - Standardization of the Legislation of the Ontarians with Disabilities Act MOTION NOTICE OF MOTION Moved by Councillor Trim, seconded by Councillor Pingle WHEREAS the residents of the Hamlet of Leskard and the Village of Tyrone have been experiencing vehicle traffic speeding along Concession Road 8; WHEREAS many residents of both communities have requested that stop signs be erected as one means of slowing traffic along Concession Road 8; WHEREAS Concession Road 8 is used by cottagers and others and is not therefore limited to just local traffic; WHEREAS the ClaringtonTraffic Advisory Committee and staff have reviewed the situation and.do not recommend such stop signs as the traffic volume counts do not meet the set Provincial standards; NOW THEREFORE BE IT RESOLVED THAT Council approve a 3 -way stop at the intersection of Concession Road 8 and Leskard Road, and a 4 -way stop at the intersection of Concession Road 8 and Clement Road in Tyrone. REPORTS 1. General Purpose and Administration Committee Report of September 7, 2004 2. Report CLD -25 -04 — Order to Restrain — Berezowski 3. Report CLD -26 -04 — Order to Restrain — Lockwood 4. Confidential Report CLD -27 -04 — Personnel Matter 5. Report COD - 046 -04 — Asphalt Resurfacing, Various Streets Council Agenda - 11 - September 13, 2004 UNFINISHED BUSINESS BY -LAWS OTHER BUSINESS a) Appointments to the Accessibility Advisory Committee BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT Leading the Way REPORT #1 REPORT TO COUNCIL MEETING OF SEPTEMBER 13, 2004 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF TUESDAY, SEPTEMBER 7, 2004 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) Report PSD- 103 -04 — Semi Annual Report on Site Plan Activities January 1St to June 30th, 2004 (b) Report EGD -40 -04 — Monthly Report on Building Permit Activity for June, 2004 (c) Report EGD -41 -04 — Monthly Report on Building Permit Activity for July, 2004 (d) Report CLD -27 -04 — Livestock, Poultry and Honey Bee Protection Act 2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION Report EGD -43 -04 — Downtown Bowmanville Streetscape Revitalization 3. DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: 426719 ONTARIO INC. THAT Report PSD- 097 -04 be received: THAT the draft plan of condominium application, submitted by 426719 Ontario Inc. be referred back to Staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT the interested parties listed in Report PSD -97 -04 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Report #1 - 2 - September 13, 2004 4. CLARINGTON OFFICIAL PLAN AMENDMENT AND ZONING BY -LAW AMENDMENT TO PERMIT A 62 UNIT TOWNHOUSE COMPLEX APPLICANT: THE KAITLIN GROUP THAT Report PSD- 098 -04 be received; THAT the applications to amend the Clarington Zoning By -law submitted by the Kaitlin Group to permit a 62 unit townhouse complex be referred back to staff and held in abeyance until the completion of the Brookhill Subwatershed Study and the Brookhill Secondary Plan; and THAT the interested parties listed in this report and any delegations be advised of Council's decision. 5. PROPOSED ZONING BY -LAW AMENDMENT TO PERMIT A MIXED USE DEVELOPMENT APPLICATION: PRESTONVALE HEIGHTS LIMITED THAT Report PSD- 099 -04 be received: THAT the application submitted by Prestonvale Heights Limited be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and, THAT the interested parties listed in Report PSD- 099 -04 and any delegations be advised of Council's decision. 6. APPLICATION FOR REMOVAL OF HOLDING APPLICANT: 2001544 ONTARIO LIMITED THAT Report PSD- 100 -04 be received: THAT the application submitted by 2001544 Ontario Limited to remove the Holding (H) symbol be approved and that the by -law attached to Report PSD - 100-04 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- 100 -04 and any delegations be advised of Council's decision. Report #1 - 3 - September 13, 2004 7. DRAFT PLAN OF SUBDIVISION AND REZONING APPLICATION TO PERMIT AN 84 UNIT RESIDENTIAL SUBDIVISION IN THE CITY OF OSHAWA STUART GLASPELL & BROOKFIELD HOMES LTD. THAT Report PSD- 101 -04 be received: THAT the City of Oshawa be advised that the Municipality of Clarington would have no objections to the approval of the proposed Draft Plan of Subdivision (S -0- 2004 -02) and rezoning Z- 6/2004, provided that: (a) The City of Oshawa confirm in writing that it will assume and accept all costs of street illumination and /or sidewalk improvements that are deemed necessary on Townline Road as a result of this development including all future maintenance; and (b) The condition contained in Attachment 3 is incorporated in any Draft Approval; THAT a copy of Report PSD- 101 -04 be forwarded to the City of Oshawa Planning Department and Region of Durham Planning Department; and THAT the interested parties listed in Report PSD- 101 -04 be advised of Council's decision. 8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 24, JULY8, JULY 29 AND AUGUST 19, 2004 THAT Report PSD- 102 -04 be received; and THAT Council concurs with the decision of the Committee of Adjustment made on June 24, July 8, July 29 and August 19, 2004 for applications A2003/021, A2004/017, A2004/019, A2004/020,A2004/021, A2004/022, A2004/023, A2004/024, A2004/- 25,A2004/026, A2004/027, A2004/028, A2004/029, A2004/030,A2004/031, A2004/032, A2004/033, A2004/034 and A2004/035; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee Adjustment. Report #1 - 4 - September 13, 2004 9. OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS REGARDING COMMERCIAL AND RESIDENTIAL DEVELOPMENT IN NORTH BOWMANVILLE HALLOWAY HOLDINGS LIMITED & TOWCHESTER DEVELOPMENTS LIMITED THAT Report PSD- 104 -04 be received; THAT the Ontario Municipal Board be requested to defer the Application submitted by Halloway Holdings Limited and Towchester Developments Limited to redesignate lands from "Local Central Area" to "Medium Density Residential" within Subject Site 1 until the Municipality's Commercial Policy Review has been completed; THAT the Ontario Municipal Board be requested to approve the application submitted by Halloway Holdings Limited and Towchester Developments Limited to reduce the amount of retail commercial floorspace from 3,500 m2 to 1,700 m2 within the "Local Central Area" located at Subject Site 2; THAT the Ontario Municipal Board be requested to deny the application submitted by Halloway Holdings Limited and Towchester Development Limited to redesignate lands contained within the "Local Central Area" from "High Density Residential" to "Medium Density Residential" located at Subject Sites 2 and 3; and THAT the Ontario Municipal Board and all interested parties and delegations listed in Report PSD- 104 -04 and any delegations be advised of Council's decision. 10. PLANNING REFORM INITIATIVES: CONSULTATION DISCUSSION PAPERS ON PLANNING ACT REFORM AND IMPLEMENTATION TOOLS AND PROVINICAL POLICY STATEMENT THAT Report PSD- 105 -04 be received and endorsed as the Municipality's comments on the Consultation Discussion Paper #1 on Planning Act Reform and Implementation Tools and Consultation Discussion Paper #2 on the Provincial Policy Statement; THAT Report PSD- 105 -04 be forwarded to the Ministry of Municipal Affairs and Housing and the Region of Durham Planning Department. Report #1 - 5 - September 13, 2004 11. PLANNING REFORM INITIATIVES: DISCUSSION PAPER ON OMB REFORM THAT Report PSD- 106 -04 be received and endorsed as the Municipality's comments on the Consultation Discussion Paper #3 on Ontario Municipal Board Reform; THAT Report PSD- 106 -04 be forwarded to the Ministry of Municipal Affairs and Housing and the Region of Durham Planning Department. 12. NAMING OF STREET IN PORT OF NEWCASTLE THAT the Planning Services Department take appropriate steps to have a street in the Port of Newcastle development named "Corporal Patterson Lane "; and THAT the poppy symbol be excluded from the street sign. 13. APPOINTMENT OF BUILDING INSPECTOR THAT Report EGD -39 -04 be received; THAT Mr. Bill Tan be appointed as Inspector for the Municipality of Clarington effective Tuesday, September 7, 2004 and that his name be added to Schedule 'B' of By -Law 2004 -092; and THAT the appropriate by -law be forwarded to Council. 14. BANNING OF PITBULLS AND OTHER VICIOUS DOGS THAT Staff investigate the banning of Pitbulls in Clarington in co- ordination with other Municipalities in the Region of Durham, including restrictions and requirements being placed on their owners. 15. TENDER AWARDS SUMMER COUNCIL BREAK THAT Report COD - 044 -04 be received; and THAT the By -laws attached to Report COD - 044 -04, marked Schedules "A ", "B ", "C ", "D" and "E" authorizing the Mayor and Clerk to enter into the necessary agreements be approved. Report #1 - 6 - September 13, 2004 16. RFP2004 -10 CONSULTING SERVICES — DEVELOPMENT CHARGES AND OFFICIAL PLAN GROWTH MANAGEMENT STUDY THAT Report COD - 045 -04 be received; THAT Hemson Consulting Ltd., Toronto, Ontario with a total bid in the amount of $79,388.00 (including disbursements plus G.S.T.), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP2004 -10 be awarded the contract for the Consulting Services for the Development Charges and Official Plan Growth Management Study as required by the Finance and Planning Services Departments; THAT the funds be drawn from Account #100 -50- 130 -X -7160, Planning Consulting; and THAT the By -law attached to Report COD - 045 -04 marked Schedule "A" authorizing the Mayor and Clerk to execute the necessary agreement be approved. 17. FINANCIAL UPDATE THAT Report FND- 017 -04 be received; THAT a Rate Stabilization Reserve Fund be established pursuant to the By- law attached to Report FND- 017 -04; THAT the non - refundable portion of the Assessment Appeals Reserve Fund be transferred to the Rate Stabilization Reserve Fund; THAT any unencumbered balance remaining in the Working Funds Reserve be transferred into the Rate Stabilization Fund; and THAT any annual surplus or deficit as a result of the annual audit be financed from the Rate Stabilization Reserve Fund. 18. CLARINGTON ADDRESS LOCATIONS THAT Report FND- 018 -04 be received for information; and THAT the Municipal Property Assessment Corporation be thanked for their assistance in this matter. Report #1 _ 7 _ September 13, 2004 19. TONY SAMSON DELEGATION THAT the request of Tony Samson Clarington to to the reimburse this letter of credit of the amount of $25,000 be Director of Planning Services. 20. LIBBY RACANSKY DELEGATION THAT the delegation of Libby Racansky be referred to Staff. 21. ACTIONS TAKEN AT THE "CLOSED" MEETING THAT the actions taken at the "closed" meeting be ratified. SUMMARY OF CORRESPONDENCE SEPTEMBER 13, 2004 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Fred & Sandy Archibald, on behalf of Archibald Orchards & Estate Winery Ltd. and Big Brothers /Sisters of Clarington, thanking Council for their support of the 5th Annual Fruit Wine & Food Festival. 1 - 2 Katerina Alexopoulos, Summer Program Co- ordinator, Firehouse Youth Centre, thanking the Municipality of Clarington for the donation of Toronto Blue Jays Tickets. 1 - 3 Minutes of the Ganaraska Region Conservation Authority meeting dated June 17, 2004. (Copy attached) 1 - 4 Minutes of the Ganaraska Region Conservation Authority meeting dated July 15, 2004. (Copy attached) 1 - 5 Minutes of the Clarington Traffic Management Advisory Committee meeting dated June 17, 2004. (Copy attached) 1 - 6 Minutes of the Clarington Traffic Management Advisory Committee meeting dated July 15, 2004. (Copy attached) 1 - 7 Minutes of the Central Lake Ontario Conservation Authority meeting dated June 15, 2004. (Copy attached) 1 - 8 Minutes of the Central Lake Ontario Conservation Authority meeting dated July 20, 2004. (Copy attached) 1 - 9 Minutes of the Durham Nuclear Health Committee meeting dated June 18, 2004. (Copy attached) 1 - 10 Minutes of the Clarington Museums and Archives Board meeting dated June 9, 2004. (Copy attached) 1- 11 Minutes of the Clarington Museums and Archives Board meeting dated June 22, 2004. (Copy attached) 1 - 12 Minutes of the Kawartha Conservation Authority meeting dated June 23, 2004. (Copy attached) 1 - 13 Minutes of the Greater Toronto Transit Authority meeting dated June 11, 2004. (Copy attached) Summary of Correspondence -2- September 13, 2004 1 - 14 Minutes of the Greater Toronto Transit Authority meeting dated July 9, 2004. (Copy attached) 1 - 15 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated August 10, 2004. (Copy attached) 1 - 16 Ontario Power Generation Nuclear Report Card, Darlington providing Council with the Second Quarter Report 2004. (Copy attached) 1 - 17 Ontario Power Generation forwarding the `Darlington Neighbours'— Summer 2004 brochure with news from Darlington Nuclear. (Copy attached) 1 - 18 Cheryl MacLeod, Executive Director, Hospice Durham, forwarding the 2003 — 2004 Annual Report 1 - 19 Richard F. Stephenson, Chair, Assessment Review Board, submitting to Council the 2000 — 2002 and 2002 — 2003 Annual Reports of the Assessment Review Board. Due to timing issues, related to change in government, there was a delay in releasing this report into the public milieu. 1-20 Mayor John Gray, City of Oshawa, providing a copy of the City of Oshawa's Annual Report to Citizens. 1 - 21 Patty A. Finch, Manager of Charitable Giving, PETsMART Charities, advising that PETsMART Charities of Canada Grant Committee is offering the Clarington Animal Shelter a $10,000.00 grant and considers the shelter to be an important partner in mutual efforts to end euthanasia and provide all pets with a lifelong, loving home. 1-22 John O'Toole, MPP, Durham, thanking Council for a copy of their correspondence regarding global warming and the declaration of "Find Another Way Day" and commending students Julia McGill and Jayne Thompson for bringing forth this idea. 1-23 Federation of Canadian Municipalities congratulating Paul Martin on his success in the June 28, 2004 election and looking forward to working with his government and all parliamentarians to implement the New Deal for Canada's cities and municipalities. All candidates contributed to the democratic process. The concerted efforts of municipal leaders across the country to make municipal issues part of the campaign reinforced the strong nation consensus that municipal governments need a share of the federal fuel tax, new sources of revenue that grow with the economy, infrastructure, affordable housing, and a role in the decision that affect communities. Summary of Correspondence - 3 - September 13, 2004 1-24 Holly MacLean, President and Bev LeMay, Clinical Director, S.M.A.R.T. Inc., informing Council that the services offered to abused women through the program are a duplication of services already offered through Northern Lights and META and will not be available in the region as of August 31, 2004. All women with barriers to employment will access a generalized service delivery model for Needs Identification /Case Management. Following this process, dependent upon the income source /status, women will be referred to either Northern Lights Bridges Program or the services offered by META. These programs are not gender specific therefore are not integrating a model cognizant of woman abuse response /protocol. 1-25 Rick Cox, Chairperson, Durham Land Stewardship Council, submitting the 2003 Durham Land Stewardship Council Annual Report. The 2003 activities set the stage for a period of growth for Durham Land Stewardship Council and they look forward to extending the scope and impact of land stewardship actions in the Region. I - 26 Spencer Hutchison, Director of Planning Services, Municipality of Port Hope advising that the following resolution regarding the Official Plan Amendment No. 9, parts of Lots 31, 32, 33, 34 & 35, Concession 1 and 2, Marydale Park Road /Stacey Road/Webster Road was passed on June 21, 2004: "WHEREAS a Public Meeting was held Monday, June 21, 2004 to consider an Official Plan Amendment (OPA 9) to the Ward 2 Official Plan for Part of Lots 31 through 34 in Concession 1 and part of Lots 32 and 33 in Concession 2, known as the Tucker Creek Application, File No. 2.D.16; WHEREAS the applicant is seeking approval of an Official Plan Amendment to permit a lifestyle community consisting of a golf course, 350 grade related units, a hotel or inn limited to a maximum of 100 guest rooms, as well as limited retail and service commercial uses to serve the residents and golf course development; AND WHEREAS Council have reviewed the Planning Report from Sorensen Gravely Lowes, dated June 21, 2004 and concur with the recommendation of the Planning and Development Committee to support Option 2 of the report; NOW THEREFORE BE IT RESOLVED THAT the proposed Official Plan Amendment Nine (OPA 9) to the Ward 2 be denied as Council for the Municipality of Port Hope is not supportive of this development proposal." Summary of Correspondence - 4 - September 13, 2004 1-27 Neil Rodgers, President, Urban Development Institute /Ontario, forwarding a report entitled "Ensuring Balance: Provincial Land Use Planning Initiative and Economic Growth in Central Ontario ". Though supportive of the proposed greenbelt, UDI encourages the government to ensure that the growth management strategy, by the Honourable David Caplan, Minister of Public Infrastructure Renewal, lead the process. I - 28 Kim Coates, Clerk, Township of Scugog, advising that at a meeting held on June 28, 2004 their Council passed the following resolution regarding the Regional Smoke -Free By -Law 66 -2002: "THAT this Council consent to Regional By -law 39 -2004, being a By -law to amend the Regional Smoke -Free By -law 66- 2002." I - 29 Will Akkermans, General Manager, Central Region, Enbridge Gas Distribution, advising that the Ontario Energy Board approved a commodity price - related adjustment to natural gas prices and forwarding information regarding price adjustment, backgrounder on Enbridge Gas Distribution's natural gas prices, and natural gas markets. I - 30 Minutes of the Clarington Accessibility Advisory Committee meeting dated July 8, 2004. (Copy attached) I - 31 Minutes of the Clarington Animal Advisory Committee meeting dated June 9, 2004. (Copy attached) 1-32 Minutes of the Clarington Agricultural Advisory Committee meeting dated June 10, 2004. (Copy attached) 1-33 Patti Munce, Minister's Office, Municipal Affairs and Housing, advising that the 13- member Greenbelt Task Force was established in February 2004 to oversee stakeholder and public consultations and makes recommendations on the scope, content and implementation of a permanent greenbelt in the Golden Horseshoe region. The members of the Task Force are as follows: - Rob Maclssac, Chair - Michael Bunce - Jim Gaught - Mary Lou Garr - Natalie Helferty - Carol Hochu - Fraser Nelson - Rod Northey - Russ Powell - Deborah Schulte - David J. Stewart - Alan C. Veale - Donald J. P. Ziraldo. Summary of Correspondence - 5 - September 13, 2004 1 - 34 Steven Finlay, Executive Director, The Oshawa/Clarington Association for Community Living submitting a copy of the Community Living Oshawa/Clarington's "2003/2004" Annual Report. The Association will continue to assist people in achieving their goals and aspirations. I - 35 Minister John Gerretsen, Ministry of Municipal Affairs and Housing stating the Greenbelt Task Force submitted their recommendations to the Ontario government which will be instrumental in crafting the government's plan for permanent greenbelt protection in the Golden Horseshoe. I - 36 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising that at a meeting held on July 7, 2004 their Council passed the following resolution regarding the Request to the Province to Amend the Development Charges Act, 1997 (2004- F -57): "THAT the Provincial Minister of Municipal Affairs and Housing be requested to undertake the following: a) Amend the Development Charges Act, 1997 to allow: i) municipalities to adopt service levels that have been experienced at any point in the prior 10 years and not the average level of service as required under the current Act; ii) the removal of the statutory 10% deduction required in the Development Charges rate calculation for Emergency Medical Services and Homes for the Aged, consistent with the methodology as allowed for Fire and Police services; iii) the imposition of development charges for hospitals that would not require proportional cost sharing from municipal property taxes, but would provide funding for growth - related capital projects; iv) municipalities to impose development charges for all municipal services (eg. waste management services and administration facilities) and the growth - related capital requirements of Conservation Authorities; and v) municipalities to recover the cost of oversizing municipal infrastructure; b) Involve the municipal sector in these and any subsequent amendments to the Development Charges Act; and c) THAT a copy of this resolution be forwarded to the Premier of Ontario, Durham Region MPPs, the Minister of Municipal Affairs and Housing, the Minister of Finance, AMO and the area municipalities within Durham Region." Summary of Correspondence - 6 - September 13, 2004 1 - 37 David Sterrett, President, The Ontario Aggregate Resources Corporation submitting the 2003 Annual Reports of the Aggregate Resources Corporation. The report outlines a detailed account of the Corporation's financial affairs for 2003, as well as various rehabilitation and research initiatives undertaken as part of the Trust purposes. 1-38 John O'Toole, MPP, Durham, advising Council of his correspondence to The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, in response to the Municipality of Clarington's resolution regarding their support of the City of Vaughan's position on the Municipal Property Assessment Corporation and Current Value Assessment Process. Mr. O'Toole states we need to revisit, but not eliminate the new assessment system. 1-39 John O'Toole, MPP, Durham, supplying Council with a copy of correspondence from The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, in response to the Municipality of Clarington's resolution regarding Municipal Property Assessment Corporation and Current Value Assessment Process. The Minister has forwarded the resolution to The Honourable Greg Sorbara, Minister of Finance for his consideration. 1-40 Liz Dowdeswell, President, Nuclear Waste Management Organization, providing a copy of correspondence to the Canadian Association of Nuclear Host Communities regarding peer review funding to assist the municipalities in their review and commentary on the NWMO work and work products. NWMO anticipate the release of their next discussion document/technical papers late this summer. 1 - 41 The Honourable Dwight Duncan, Minister of Energy, writing to the Canadian Association of Nuclear Host Communities regarding nuclear energy and assures Council of the important role they play in Ontario's electricity supply mix. Nevertheless, any discussions concerning change to our nuclear fleet would have to involve careful consideration of a wide range of operating, financial and environmental issues. There is a need to refurbish, rebuild, replace or conserve 25,000 megawatts of generating capacity by 2020. 1-42 Glenn Sutton, Chair, Canadian Association of Nuclear Host Communities, forwarding a letter from The Honourable Dwight Duncan, Minister of Energy regarding the Canadian Association of Nuclear Host Communities' resolution regarding nuclear Alerting practices. Nuclear safety is a top priority for the government and Ontario's nuclear operators. An important part of Ontario's safety and security planning is the provincial Emergency Response Plan and the Provincial Nuclear Emergency Response Plan developed and maintained by the Ministry of Community Safety and Correctional Services. Summary of Correspondence - 7 - September 13, 2004 1 - 43 The Honourable Chris Bentley, Ministry of Labour advising they will hold public consultations on how to end mandatory retirement for employees 65 and over to give Ontario workers the right to choose when to retire based on their lifestyles. Public consultations will be held on: - September 8, 2004 - Toronto - September 15, 2004 - Kingston - September 22, 2004 - Sudbury - September 28, 2004 - London - September 30, 2004 - Toronto. - September 10, 2004 - Hamilton - September 21, 2004 - Thunder Bay - September 23, 2004 - Ottawa - September 29, 2004 - Windsor I - 44 Judith Andrew, Vice President, Ontario Canadian Federation of Independent Business providing Council with a copy of a recent study "The Real Deal on Municipalities" based on small /medium size enterprises and the need to change the funding of municipal governments and the nature of their relationship with other orders of government. 1- 45 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, submitting the 2002 — 2003 report on the Durham Region Coastal Wetlands - Baseline Conditions and Study Findings. 1-46 Des Steel, Chairman, Reunion Committee, Royal Canadian Naval Association, commending the Municipality of Clarington's arena staff, with special mention of Mark Sutherland and his staff, for their very special help in contributing to the success of the 50th Annual Reunion held in May, 2004. All, without exception, were truly magnificent and he extends their most sincere gratitude for a job well done. I - 47 Wayne Arthurs, Parliamentary Assistant, Management Board of Cabinet, inviting Council and Staff to attend the annual conference "Showcase Ontario" to be held September 13 -15, 2004 at the Metro Toronto Convention Centre. Registration and further information is available on the website www.showcaseontario.com. 1-48 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, forwarding the new publication, "Making Choices: A Guide to Service Delivery Review for Municipal Councillors and Senior Staff" to aid in improving the efficiency and effectiveness of the services they deliver and find better ways to manage expenditures. This document may be downloaded at the ministry's website at www.mah.gov.on.ca. Summary of Correspondence - 8 - September 13, 2004 1- 49 Pat M. Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on July 7, 2004 their Council passed the following resolution regarding a Policy for the Reimbursement of Employees and Councillors for Legal Expenses incurred in Responding to and Defending Statutory Prosecutions (2004- F -59): "a) THAT the Region of Durham adopt a Legal Expense Indemnity Policy that provides for the reimbursement of legal expenses incurred or fines assessed by /to a Regional Employee or Councillor in defending themselves from a statutory prosecution, provided that the Employee /Councillor acted in good faith, and within the scope of their responsibilities; b) THAT the Legal Expense Indemnity Policy be restricted to expenses incurred or fines payable pursuant to statutory prosecutions as that term is defined herein, or professional disciplinary proceedings by a body that regulates, under statutory authority individuals who provide professional services to the Region, and not apply to proceedings under the Criminal Code or Highway Traffic Act, Civil Litigation proceedings, or Conflict of Interest proceedings; c) THAT employees whose conduct is being investigated by a regulatory agency, or a body that regulates, under statutory authority the activities of individuals who provide professional services to the Region, or who have been charged with a Statutory offence related to their work duties be entitled to be reimbursed up to a maximum of $3,000 for the purpose of seeking independent legal advice in connection therewith; and d) THAT a copy of Report #2004 -F -59 be forwarded to the eight area municipalities for their information." 1-50 The Honourable Harinder Takhar, Minister of Transportation, advising Council that Bill 149, the Red Light Cameras Pilot Projects Extension Act, 2002 was amended on August 1, 2004 to allow permanent use of red light cameras by designated municipalities. The results of the safety evaluation have demonstrated the red light cameras show a significant safety benefit and a tool municipalities can use to address local road safety issues. Municipalities participating in the red light camera program will sign operational agreements with the province, which include signage at red light camera intersections, municipally -led public awareness campaigns on red light running, on -going data gathering and monitoring and reimbursement of provincial costs. Summary of Correspondence - 9 - September 13, 2004 1 - 51 Association of Municipalities of Ontario, advising of their support of the expansion of red light cameras throughout Ontario. The government is showing confidence in Ontario municipalities, by giving them the tools needed to serve and protect their citizens. 1-52 The Honourable Harinder Takhar, Minister of Transportation, informing Council that the 2004 Ontario Transit Vehicle Program (OTVP) is confirming the first component of its 2004 transit capital program for conventional transit and specialized transit service for person with disabilities. The province will provide funding of up to one -third of eligible capital cost incurred by municipalities to renew or refurbish transit vehicles, or purchase vehicles to expand their transit fleets. Municipalities will be advised of the necessary reporting and financial payment process by staff from the MTO's Transit Policy and Programs Office. 1- 53 Carl Isenburg, President & Chief Administrative Officer, Municipal Property Assessment Corporation, writing in response to municipalities resolutions regarding Ontario's current value assessment system and the Municipal Property Assessment Corporation's service. The following concerns are under review: - Public relations; - Products and services delivery; - Supplementary assessments; - Severances and consolidations; - Property transfers; - Ontario property assessment system database; - Municipal Enumeration; and - Staffing. 1- 54 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing forwarding a copy of the final recommendations of the Greenbelt Task Force to the Ontario government on achieving permanent greenbelt protection in the Golden Horseshoe. I - 55 Janet Georgieff, Executive Director, The Community Foundation of Durham Region, submitting the 2003 Annual Report for "The Community Foundation of Durham Region ". The Foundation will experience a milestone, as it celebrates its 10th anniversary and is building a legacy for the citizens of Durham Region. I - 56 Ernie Roberts, on behalf of seniors and low income residents, stating his concern of his tax increase in the amount of $240.00. Summary of Correspondence -10- September 13, 2004 1-57 Karen Monaghan, Communications, Lakeridge Health, advising of plans for the future, as outlined in the "Lakeridge Health Strategic Plan ". The plan is both ambitious and necessary. It prepares them for the significant healthcare challenges that lie ahead and renews their commitment to provide high quality, compassionate hospital services Durham residents need now and in the future. I - 58 Karen Monaghan, Communications, Lakeridge Health, announcing the 12 community members of the Lakeridge Health — North Durham Community Council as follows: - Roberta Coulson, Sunderland - Gary Edgar, Port Perry - Kent Farndale, Port Perry - David P. Frew, Nestleton - Howard Hall, Port Perry - Ian J. MacKinnon, Port Perry - Barbara Dobie, Sunderland - Bill Eulf, Port Perry - Rodd Foster, Greenbank - C. Edward Griffen, Port Perry - Colin L. Kemp, Nestleton - Malcolm J. Reeve, Port Perry. 1- 59 John O'Toole, MPP, Durham, advising Council of his correspondence to The Honourable Greg Sorbara, Minister of Finance, in response to the Municipality of Clarington's resolution regarding payment for railway rights of way and is requesting an update on railway right of way revenue and taxation from the Minister. 1-60 The Honourable Leona Dombrowsky, Minister of Environment, advising that an advisory panel has been formed to recommend ways of improving the province's environmental assessment process as part of their commitment to create clean and livable communities. The panel will look at approaches to improving the environmental assessment process for waste management facilities, transit and transportation projects, and clean energy facilities. CORRESPONDENCE FOR DIRECTION D - 1 Marolyn Morrison, Mayor, Town of Caledon, submitting a report and discussion paper "Towards a Golden Horseshoe Greenbelt" representing the Town of Caledon's recommendations to the Task Force in the Greenbelt legislation. (Motion to refer correspondence to the Director of Planning Services) Summary of Correspondence - 11 - September 13, 2004 D - 2 Ian Wheelband, Chair, Light Pollution Abatement Committee and Michael Cox, President, The Durham Region Astronomical Association, requesting Council to: 1. Produce a guideline, outlining that good outdoor lighting benefits everyone by improving the night time aesthetic quality of neighbourhoods, increasing public safety, and reducing energy waste (costs) and the production of greenhouse gases) for broad circulation and benefit residents and the development industry; 2. Incorporate in its Official Plan, outdoor lighting provisions that would address light pollution; 3. Enact a by -law pursuant to Section 129 (1) of the Municipal Act that would give the Municipality the necessary powers to regulate outdoor lighting levels and appropriate lighting fixtures; 4. Embark on a program to replace street lights; and 5. Support better street lighting along Regional Roads. (Motion to refer correspondence to the Director of Planning Services) D - 3 G. Glenn Case, Director, Port Hope Area Initiative, Atomic Energy of Canada Limited, submitting to municipal, provincial, and federal regulators, a draft of the "Discussion Document on Cleanup Criteria Development for the Port Hope Area Initiative" which presents draft cleanup criteria. Comments are to be submitted by September 22, 2004. Also, is a draft of the "Principles for the Development of Cleanup Criteria for the PHAI" developed by municipal representatives and the Low Level Radioactive Waste Management Office. (Motion to refer correspondence to the Director of Planning Services and the Port Granby Project Peer Review Team) D - 4 Michael Patrick, Chairman, CBOT Economic Development Committee, Clarington Board of Trade advising Council of the economic development activities they feel should be established as first priority actions based on the surveys, studies and consensus as follows: Priority #1 Lack of Serviced Industrial Areas; Priority #2 Clarington's Economic Identity & Image; and Priority #3 Targeting Energy - Related Generation & Conservation Industries. The Board of Trade recommends a sub - committee consisting of representatives of the CBOT Economic Development Committee and appropriate Municipal management be formed to implement various projects. (Motion to refer correspondence to the Chief Administrative Officer) Summary of Correspondence - 12 - September 13, 2004 D - 5 Barb Hiff, Executive Director, Distress Centre, Durham requesting a municipal grant/contributions to support the Distress Centre Durham "Wish List" to aid in the expansion of crisis and support services to meet the communities needs. (Motion to advise of the municipal grant process and the non - profit photocopy service) D - 6 Detective Craig Greentree, #299, Durham Regional Police Service, requesting a municipal grant in the amount of $300.00, to cover rental cost Of the 2 ball diamonds, Garnet B. Rickard Recreation Complex, to support the 4th Annual Luke's Place Charity Baseball Tournament. (Motion to advise of the municipal grant process) D - 7 R.T. Parker, Bowmanville, advising Council of their concern of noise pollution in regards to the use of train whistles by CP Rail at the Scugog Street crossings and is a particular problem for people with children or that in are poor health. (Motion to advise Mr. Parker of action taken and a copy of Report WD 2001 - 033 -2001) D - 8 Lorraine Knowles, Vice Principal, Courtice Secondary School, requesting approval to hold a Terry Fox Run on Wednesday, September 29, 2004 from 9:30 a.m. — 11:00 a.m (rain date — Thursday, September 30, 2004). The event is approximately 7.5 kilometres and will commence at the school located on Tooley's Road, and proceed west on Nash Road, Courtice. (Motion to approve request provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 9 Jean Graham, Chairperson, Newcastle Lions Club, requesting approval to hold their 10th Annual Walk on Saturday, October 2, 2004 commencing at 9:00 a.m. at the Community Hall. All money pledged goes to providing Dog Guide Teams to assist the blind, deaf and physically challenged. (Motion to Proclaim and approve request provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Summary of Correspondence -13- September 13, 2004 D - 10 Kim Coates, Clerk, Township of Scugog, advising Council that the report "Proposal for the Protection of the East Cross Forest" was endorsed by both their Council and Regional Council. They are requesting the Municipality of Clarington endorse the Task Force's report and appoint a representative to participate as part of a multi - jurisdictional team responsible for implementing their recommendations. (Motion to appoint a representative — Director of Engineering Services and Councillor Schell have indicated interest in sitting as the Municipality's representatives) D - 11 Tricia Dallaway, Durham Region Health Department, on behalf of the Injury Prevention Program, requesting the proclamation of the week of November 15 - 21, 2004 as "Drug Awareness Week" to help raise awareness regarding substance use. (Motion to Proclaim) D - 12 Yvonne Kurz, Public Health Nurse, Injury Prevention Program, Safe Homes Safe Play, Regional Municipality of Durham, requesting the proclamation of the week of October 4 - 10, 2004 as "Safe Homes for Children" to ensure every child in Durham Region 0 -6 years of age reaches their full developmental potential, injury free. (Motion to Proclaim) D - 13 Susan Shetler, Founder, President, Durham Region Canadians Addressing Sexual Exploitation, requesting the proclamation of the week of October 17 - 24, 2004 as "White Ribbon Week" to increase public awareness on the harmful effects of pornography (particularly child pornography) in our society. (Motion to Proclaim) D - 14 Laurie Bray, Public Health Nurse, Regional Municipality of Durham, requesting the proclamation of September 2004 as "Invite Us Along!" vegetables and fruit month. Recent statistics indicate that only 34% of Durham Region residents consume the recommended servings of vegetables and fruit per day as outlined by Canada's Food Guide. (Motion to Proclaim) D - 15 Harvey Starkman, Vice President, Toronto Residents in Partnership, requesting the proclamation of the month of June 2005 as "Elder Abuse Awareness Month ". Toronto Residents In Partnership has taken up the challenge to have municipalities recognize the signs and the consequences of Elder Abuse. (Motion to Proclaim) Summary of Correspondence -14- September 13, 2004 D - 16 The Honourable Judy Sgro, Minister of Citizenship and Immigration, requesting the proclamation of the week of October 18 — 24, 2004 as "Canada's Citizenship Week ". This event is a time to explore the nature of Canadian citizenship and the underlying values of respect, freedom and belonging that bring us together and make Canada such a great country to live in. (Motion to Proclaim) D - 17 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington, requesting the proclamation of the month of September, 2004 as " Mentoring Month ". Big Brothers & Sisters is Canada's leading child and youth mentoring organization. (Motion to Proclaim) D - 18 Stephanie Miskew, Project Coordinator, Durham's Child Nutrition Project, requesting the proclamation of the month of September, 2004 as "Breakfast for Learning Month" to increase awareness of the importance of child nutrition as it relates to learning. (Motion to Proclaim) D - 19 Brad Graham, Assistant Deputy Minister, Smart Growth Secretariat, Ministry of Public Infrastructure Renewal, providing,the government's discussion paper and CD on the plan for growth and economic expansion in the Greater Golden Horseshoe "Places to Grow: Better Choices. Brighter Future. A growth plan for the Greater Golden Horseshoe ". (Motion to refer correspondence to the Director of Planning Services) D - 20 George Vadeboncoeur, President, Ontario Municipal Management Institute, requesting Council to congratulate Fred Horvath, Director of Operations on his designation as a Certified Municipal Manager III. Accredited members include all levels of management from front -line supervisors to Department heads and CAO's in the local government sector. (Motion for Direction) D - 21 Morris O'Reilly, stating a concern regarding garbage and energy. He suggests utilizing the oil fired Wesleyville generating site, which has never been used due to the 1 st oil shortages in the 1970's, convert the site into a giant incinerator that could handle up to 3,000,000 tons of garbage yearly and generate electricity as by product. The Highway 401 - cloverleaf, existing electrical transmission lines, and the railway lines service the site. Smoke stack scrubbers would remove the pollutants. This would be a better and more ecologically sound method of dealing with garbage rather than sending it to landfills in Michigan, New York or other Ontario sites. (Motion for Direction) Summary of Correspondence - 15 - September 13, 2004 D - 22 Ian Macnab, Chief Administrative Officer, Kawartha Conservation, advising Council that at a meeting held on July 21, 2004 the Board of Directors of Kawartha Conservation passed the following resolution regarding Provincial Transfer Payments: "Resolved, that, Kawartha Conservation endorses the Conservation Ontario report entitled "Submission to the Minister of Natural Resources; Re- investment in Ontario's Conservation Authorities by the Province of Ontario — Now and In the Future "; and, THAT the report be circulated to watershed municipalities and MPP's for endorsement." (Motion for Direction) D - 23 Ian Macnab, Chief Administrative Officer, Kawartha Conservation, advising Council that at a meeting held on July 21, 2004 the Board of Directors of Kawartha Conservation passed the following resolution regarding Source Protection Planning Legislation: "RESOLVED THAT the Conservation Ontario reports on source protection planning and legislation be received for information; and, THAT Kawartha Conservation supports in principle the proposed source protection legislation and the role proposed for conservation authorities, provided that total and sustained funding is available to fulfill conservation authority responsibilities; and, THAT a copy of this resolution be sent to AMO and ROMA; and, FURTHER THAT Kawartha Conservation seek support from all watershed municipalities for this resolution." (Motion for Direction) D - 24 Mary Ellen Greb, Deputy Clerk- Treasurer, Township of South -West Oxford, advising Council that at a meeting held on August 3, 2004 Council passed the following resolution regarding Municipal Outlet Drainage Program (Drainage Act): "WHEREAS municipalities and land owners of rural Ontario have demonstrated confidence in the Municipal Outlet Drainage Program (Drainage Act) by making use of the program for constructing, improving, maintaining and repairing Municipal Drains that improve the quality of land and waterways within the Province of Ontario; Summary of Correspondence -16- September 13, 2004 AND WHEREAS the Municipal Outlet Drainage Program allows all parties to take a proactive approach to Drainage in the province of Ontario and reduce liability exposure caused by flooding on private lands and roads; AND WHEREAS the Municipal Outlet Drainage Program has encouraged Ontario farmers to become expert managers of not only the food producing land but also the resources that surround that farmland; AND WHEREAS the drainage of agricultural land is an essential part of our $25 billion food economy; AND WHEREAS the Municipal Outlet Drainage (MOD) and the Tile Loan programs must co- exist, as tile drainage of land can only take place where there is an adequate municipal drain outlet to carry the water away; AND WHEREAS the agricultural drainage systems in Ontario have contributed significantly to providing habitat for fish where that habitat previously did not exist and have also provided societal benefits by enhancing fisheries, wildlife, recreation and water quality; NOW THEREFORE BE IT RESOLVED that the Premier Dalton McGuinty and the Members of Provincial Parliament be called upon to reverse the decision to phase out the grants under the Municipal Outlet Drainage (MOD) program and to reinstate the program effective immediately; AND FURTHER that this resolution be circulated to Premier Dalton McGuinty, Steve Peters, Minister of Agriculture and Food and all Ontario Municipalities for their consideration." (Motion for Direction) D - 25 Rosaline Graham, Clerk, Municipality of Kincardine, advising Council that at a meeting held on August 4, 2004 their Council passed the following resolution regarding Municipal Outlet Drainage Program (Drainage Act): ,WHEREAS the Ministry of Agriculture and Food for the Province of Ontario has determined that it is phasing out grants under the Municipal Outlet Drainage (MOD) program; Summary of Correspondence -17- September 13, 2004 AND WHEREAS the MOD program is a key public service; AND WHEREAS insufficient notice was given to all stakeholders by the Province of Ontario in regard to phasing out this key public service; AND WHEREAS the phasing out of the MOD program will result in undue hardship on rural municipalities and the farming community within the Province of Ontario; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Kincardine strongly urges the Provincial Government to reconsider its position to phase out the Municipal Outlet Drainage Program; AND FURTHER THAT this resolution be forwarded to the office of the Premier, the Minister of Agriculture and Food, the County of Bruce, MPP Carol Mitchell, the Association of Municipalities of Ontario, and all rural municipalities in Ontario for support." (Motion for Direction) D - 26 Andrea Rivest, Clerk, Town of Lakeshore, advising that at a meeting held on August 9 - 10, 2004 their Council passed the following resolution regarding the Municipal Outlet Drainage Program: "WHEREAS the Governments of Canada and Ontario recently announced the signing of a Letter of Intent to fund municipal rural infrastructure in small urban centers and rural municipalities through the Canada- Ontario Municipal Rural Infrastructure Fund; AND WHEREAS the Minister of Municipal Affairs and Housing recently announced that the Provincial government has introduced legislation to enshrine a Memorandum of Understanding with AMO to amend the Municipal Act to guarantee consultation with municipalities on matters that affect municipal governments and to provide a strong foundation for discussions towards ensuring that municipalities have a face at the table of federal /provincial discussions that will affect our communities. This historic bill is meant to enshrine in legislation the principle of meaningful and informed consultation between the Province and Ontario's municipal governments and minimize or prevent unintended consequences to the taxpayer. Minister of Municipal Affairs and Housing John Gerretsen has stated that "the government is committed to working with municipalities - not against them - to build stronger, more self - reliant communities that offer Ontarians a Summary of Correspondence - 18 - September 13, 2004 higher quality of life. This legislation would be the cornerstone of a new partnership between the Province and municipalities. Ontarians depend on municipalities to play a key role in building strong, safe and livable communities. The memorandum of understanding gives municipalities a say on provincial plans that would affect their ability to get the job done ". AND WHEREAS the proposed amendment to the Municipal Act reads as follows: "The Province of Ontario endorses the principle of ongoing consultation between the Province and municipalities in relation to matters of mutual interest, and consistent with this principle, the Province shall consult with municipalities in accordance with a Memorandum of Understanding entered into between the Province and the Association of Municipalities of Ontario ". AND WHEREAS on July 27, 2004 notification was received from the Ministry of Agriculture and Food that the provincial government is phasing out grants under the Municipal Outlet Drainage Program; AND WHEREAS the Province of Ontario has provided grants on agricultural drainage projects under provincial legislation since "The Provincial Aid to Drainage Act" passed in 1937; AND WHEREAS this decision was made without consultation with key stakeholders, input from the public, nor prior warning contrary to previous commitments towards strengthening provincial - municipal partnerships through the Memorandum of Understanding with AMO; AND WHEREAS municipal drainage systems form a key and integral part of rural road infrastructure in the Province of Ontario, and in particular Southwestern Ontario; AND WHEREAS elimination of the MOD grant program is contrary to the Nutrient Management Act for which $20 billion has been budgeted for administration and implementation of regulations that relate to surface and subsurface water quantity, quality control, and monitoring and will result in difficulties in implementing and administering the program; AND WHEREAS elimination of the MOD grant program will be critically detrimental and lead to the deterioration of municipal drainage infrastructure in the Province, is not in the best interests of the public, and will result in negative environmental impacts; Summary of Correspondence - 19 - September 13, 2004 AND WHEREAS elimination of the MOD grant program will result in additional cost for drainage being passed on to the agricultural community which will create a significant cost burden and negatively impact productivity and land management practices; AND WHEREAS the select Committee on Farm Drainage in 1948, the Select Committee on Conservation in 1950, and the Select Committee on Land Drainage in 1974 all recommended that financial assistance was a critical aspect of drainage infrastructure management and should be continued by the Province; AND WHEREAS elimination of the MOD grant program will result in the deterioration of a very extensive infrastructure of open drains, tile drains, dykes, dams, pumps, bridges, reservoirs and associated facilities exactly at a point in time when senior governments are concerned about urban infrastructure reconstruction, and will also have negative impacts on the development community in the establishment of systems which will ultimately outlet to municipal drains; AND WHEREAS the Drainage Act has been an effective key piece of legislation that has played an integral role in assisting farmers in sustaining and enhancing drainage schemes and improving crop outputs during difficult and challenging times for the agricultural community; AND WHEREAS the costs associated with funding the MOD grant program are very small and the benefits and effectiveness of provincial, municipal and private sector involvement in the program are very high. NOW THEREFORE BE IT RESOLVED that the Corporation of the Town of Lakeshore hereby petitions the Province of Ontario to immediately reinstate the Municipal Outlet Drainage grant program and to uphold its prior commitments to rural municipalities of Ontario; AND BE IT FURTHER RESOLVED that a copy of this resolution be circulated to the Minister of Agriculture and Food, the Minister of Municipal Affairs and Housing, members of Provincial parliament, the Association of Municipalities of Ontario, the Rural Ontario Municipal Association, the Canadian Federation of Agriculture, the Ontario Federation of Agriculture and to all municipalities in Ontario for their endorsement and support." (Motion for Direction) Summary of Correspondence -20- September 13, 2004 D - 27 Kriss Snell, Clerk, Town of North Perth, advising that at a meeting held on August 9, 2004 their Council passed the following resolution regarding the Municipal Outlet Drainage Program: "WHEREAS without consultation or any advance warning the Ontario Ministry of Agriculture and Food (OMAF) announced its intention "to phase out grants under the Municipal Outlet Drainage program (MOD);" AND WHEREAS municipal drains are a critical part of the rural infrastructure; AND WHEREAS municipalities have been able to use the MOD program funding to respond to farmer's requests for a new drain, improvements or maintenance to an existing drain; AND WHEREAS the entire costs of municipal drain projects will now be absorbed by the farmers, many of whom are already experiencing financial hardship from circumstances beyond their control; THEREFORE BE IT RESOLVED THAT the Council of the Town of North Perth hereby request the Minister of Agriculture and Food, Hon. Steve Peters to reinstate the Municipal Outlet Drainage program; AND FURTHER THAT a copy of this resolution be forwarded for action to John Wilkinson, M.P.P. Perth - Middlesex; and for information to Ontario Federation of Agriculture, Perth County Federation of Agriculture; National Farmers Union, Christian Farmers Federation of Ontario and for endorsement to the Rural Ontario Municipal Association (ROMA), Association of Municipalities of Ontario (AMO), and all municipalities in Ontario." (Motion for Direction) D - 28 Linda Burling, Clerk, Town of Kingsville, advising that at a meeting held on August 9, 2004 their Council passed the following resolution regarding Municipal Outlet Drainage Program: "WHEREAS, the Provincial Government announced on July 27, 2004 the elimination of agricultural grants previously available by way of the Municipal Outlet Drainage Program, effective July 28, 2004; Summary of Correspondence -21 - September 13, 2004 AND WHEREAS, the Municipal Outlet Drainage Program has played an integral role in assisting the farming community in ensuring efficient and effective drainage throughout the Province of Ontario; AND WHEREAS, the elimination of the Municipal Outlet Drainage Program will adversely affect the agricultural industry, in light of the difficult and challenging times facing the agricultural community; AND WHEREAS, the construction, improvement, maintenance and repair of municipal drains may be delayed or ended, due to lack of financial assistance, and which may ultimately result in flooding and poor productivity. NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE TOWN OF KINGSVILLE requests the Provincial Government, in consultation with The Minister of Agriculture and Food, to reconsider this decision and reinstate the Municipal Outlet Drainage Program; AND FURTHER THAT this resolution be circulated to The Honourable Dalton McGuinty, Premier of the Province of Ontario, Local Members of Provincial Parliament, Mr. Charles Lalonde, Director, Ministry of Agriculture and Food, All Municipalities in the Province of Ontario, Rural Ontario Municipal Association and Association of Municipalities of Ontario stressing the importance of and need for the continuation of Grant Programs offered by the Municipal Outlet Drainage Program. " (Motion for Direction) D - 29 Kriss Snell, Clerk, Town of North Perth, advising that at a meeting held on August 9, 2004 their Council passed the following resolution regarding Bovine Spongiform Encephalopathy: ,WHEREAS the Bovine Spongiform Encephalopathy (BSE) Crisis in Canada is still ongoing for the frontline producers in the red meat industry; AND WHEREAS there is no indication that the United States' border will be open to Canadian red meat in the foreseeable future; AND WHEREAS the red meat producers have experienced devastating financial losses to the point where the production of red meat in Canada is in jeopardy; Summary of Correspondence -22- September 13, 2004 AND WHEREAS rural communities across Canada are suffering the synergistic effects of the red meat industry's destruction; NOW THEREFORE the Council of the Town of North Perth petition the Association of the Municipalities of Ontario (AMO) to appeal to both provincial and federal levels of government to: 1. Provide financial support directly to the red meat producers who are experiencing unbearable financial losses in order to sustain the red meat industry in Canada. 2. Continue to negotiate with the United States and other countries for the export of Canadian red meat. AND FURTHER THAT this resolution be circulated to the Federal and Provincial Ministers of Agriculture, local MP and MPP, County of Perth, other Perth County municipalities, OFA, CFFO, NFU, ROMA and OSUM." (Motion for Direction) D - 30 Michel Morrissette, Clerk Administrator, Town of Iroquois Falls, advising that at a meeting held on May 31, 2004 their Council passed the following resolution regarding the Provincial Gas Tax: "WHEREAS the McGuinty Government introduced its first Budget on Tuesday, May 18, 2004, and; WHEREAS in this budget, the government will dedicate 1.0 cent per litre of provincial gas tax for public transit beginning October 2004 and increasing to 2.0 cents per litre in October 2006, and WHEREAS this new money will only be available to those municipalities that operate a public transit system, and; WHEREAS for decades, Ontario municipalities have been requesting the upper levels of Government to provide them with alternate sources of revenue to help them cope with deteriorating infrastructure and newly downloaded services, and; WHEREAS access to gas tax revenue, from both levels of government, would go a long way in providing local governments with the revenue it so desperately needs to start moving forward rather than backwards. NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Iroquois Falls hereby petitions the McGuinty Government to make the gas tax available to all Ontario municipalities and that funds be dispersed on a system such as equalized assessment to ensure fair distribution, and; Summary of Correspondence -23- September 13, 2004 BE IT FURTHER RESOLVED that this resolution be circulated to NEOMA, FONOM, AMO and all Ontario municipalities for support." (Motion for Direction) D - 31 W. Henry Sander, Director of Corporate Services, Township of Severn, advising that at a meeting held on July 8, 2004 their Council passed the following resolution regarding the request for Provincial Funding Emergency Management Act: ,,WHEREAS the Emergency Management Act has enacted the mandatory implementation of Emergency Management Programs for municipalities; AND WHEREAS the essential programs will incur additional expenses for municipalities in order to meet the requirements of the Act; NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Township of Severn hereby requests that the Fire Chief Don Warden, Sector Representative, petition the Provincial government on behalf of the municipalities of the Province of Ontario for funding with respect to this mandatory program; AND FURTHER THAT the Municipalities of Ontario be requested to support the recommendations submitted by the Provincial Advisory Committee to Emergency Management Ontario and the Provincial Government for funding of municipal emergency planning; AND FURTHER THAT this resolution of Council be circulated to all municipalities in the Province through the Association of Municipalities of Ontario for their consideration and endorsement." (Motion for Direction) D - 32 Debbie Shields, Supervisor of Administrative Services, Corporation of the Town of Whitby, providing Council with the Planning Director's Report, Item 129 -04, regarding the Establishment of Provincial Standards or Templates for Barrier Free Access. The report recommends Council support the Accessibility Advisory Committee by passing a resolution requesting the Province develop appropriate standards /templates so municipalities can define barrier free access in a manner consistent with the Ontarians with Disabilities Act. (Motion for Direction) Summary of Correspondence -24- September 13, 2004 D - 33 Denise Label le- Gelinas, City Clerk, Corporation of the Town of Cornwall, advising that at a meeting held on July 12, 2004 their Council passed the following resolution regarding Ontarians with Disabilities Act — Special Funding: "WHEREAS the Ontarians with Disabilities Act was introduced in 2001 and all municipalities were required to prepare on an annual basis Accessibility Plan which Plan addresses, identifies and where possible remove all barriers to people with disabilities; and WHEREAS the Act also legislates municipalities to appoint Committees which may include municipal staff as resource personnel to help with the Plan process; and WHEREAS the legislation does not include any standard or guideline to be followed yet enforces municipalities to conduct whatever work is required to address all barriers within its municipal Assets; and WHEREAS due to the diverse disabilities of Committee Members, it has been recognized due to the amount of work involved, that there is a need for the municipality to identify a municipal coordinator who's specific task is to help and coordinate our requirements under the legislation; and where there presently is no provision of any funding to municipalities in order to accomplish its task. NOW THEREFORE BE IT RESOLVED THAT The Corporation of the City of Cornwall lobby the Province of Ontario (Ministry of Citizenship and Immigration) and the Association of Municipalities of Ontario to provide for Special Funding that will help municipalities to employ the staff needed to coordinate our requirement under the legislation and to set, as soon as possible, reasonable standards and guidelines for the advancement of the Ontarians with Disabilities Act; and NOW THEREFORE BE IT FURTHER RESOLVED THAT these standards and guidelines be consistent throughout the Province; and NOW THEREFORE BE IT FURTHER RESOLVED THAT a copy of this special resolution be sent to our Local M.P. MPP and all municipalities throughout Ontario for their assistance in petitioning our Provincial Government in obtaining funding and that they set consistent standards and guidelines across Ontario." (Motion for Direction) Summary of Correspondence -25- September 13, 2004 D - 34 Catherine Axford, Executive Assistant to The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Foundation, inviting Council to participate in the Ontario Heritage Foundation's "Heritage Community Recognition Program 2004" to recognize individuals and small project groups who have made significant contributions to local heritage preservation. Recipients are individuals /groups who have made exception contributions to heritage preservation in their local areas. The deadline for nominations is Tuesday, October 12, 2004. (Motion for Direction) D - 35 Carol O. Trainor, Clerk/Deputy Treasurer, Town of Essa, advising that at a meeting their Council passed the following resolution regarding Employment Rights of Fire Fighters: "WHEREAS municipalities that have both volunteer and composite fire departments rely on the skills and expertise of "double hatter firefighters" to provide fire protection services; AND WHEREAS there has been considerable pressure from the Fire Unions on double hatters to resign their volunteer positions; NOW THEREFORE BE IT RESOLVED THAT the Township of Essa strongly urges the Provincial Government to enact legislation which will protect the employment rights of double hatter fire fighters; AND THAT this Resolution be forwarded to all County of Simcoe municipalities; the Ministry of Community Safety and Public Services; Minister Arnott; MPP Jim Wilson, and the Association of Municipalities of Ontario for support." (Motion for Direction) D - 36 Pat Kemp, Clerk/CAO, Township of Galway- Cavendish & Harvey, advising Council that at a meeting held on July 20, 2004, Council passed the following resolution regarding Employment Rights of Fire Fighters: "WHEREAS our Community relies on Volunteer Fire Fighters to provide a valuable cost effective service in protecting our community; AND WHEREAS we have developed a mutually beneficial high level of cooperation in the municipal fire service where we train Volunteer Fire Fighters some of whom end up working for other communities as full time fire fighters but wish to continue to help Summary of Correspondence -26- September 13, 2004 their home communities, and similarly Career Fire Fighters from other municipalities who chose to become Volunteer Fire Fighters in their off duty time so that they can apply their skills, knowledge and leadership to help protect their home communities; AND WHEREAS Two Hatters are now being forced against their will by the Ontario Professional Fire Fighters Association to resign their volunteer duties as Volunteer Fire Fighters, emergency response providers or police auxiliary members or they will be charged by their Union and face losing their full time position; AND WHEREAS we feel that this action by the Union is not only a violation of the individuals rights but the resulting loss of Two Hatters will have a negative impact on the safety of our community and others across the province and will lead to a reduction in the quality of protection service and an increase in the costs at the local level; AND WHEREAS other provinces across Canada and in the United States have legislation in place to prevent this kind of union pressure but there is a gap in the Ontario labour legislation that leaves Fire Fighters rights unprotected; NOW THEREFORE BE IT RESOLVED THAT the Premier be implored to take immediate action to do what is right for the citizens of this province, to do what is best for community safety and to protect the rights of individuals by enacting legislation to protect emergency volunteer workers before more damage is done. AND FURTHER that our local MPP be invited to attend Council to explain what he /she is doing to defend our Volunteer Emergency Workers and to help protect our community; AND FURTHER that a copy of this resolution be forwarded to all municipalities throughout Ontario." (Motion for Direction) D - 37 Cindy Fleming, Acting City Clerk, City of Oshawa advising that at a meeting held on June 30, 2004 the City passed the following resolution regarding Littering Problems, Litter Control Programs and Possible Anti - Littering Strategies: "1. THAT the City of Oshawa support the development of a Region - wide comprehensive anti - litter strategy to address the problem of urban littering; Summary of Correspondence -27- September 13, 2004 2. THAT a copy of Report OS -04 -242 dated June 4, 2004, from the Acting Commissioner of Operational Services be forwarded to the Region and to other area municipalities within the Region, and that they be requested to respond to this initiative by September 1, 2004; and 3. THAT the Province of Ontario be encouraged, through the Association of Municipalities of Ontario, to become more active in the promotion of anti - littering messaging." (Motion for Direction) D - 38 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on July 7, 2004 Regional Council passed By -law #51 -2004 to amend the Region's Smoke -Free By -law #66 -2002. In accordance with the Municipal Act the by -law shall not come into force unless: a) a majority of all votes on the council of the upper -tier municipality are cast in its favour; b) after the by -law is passed, a majority of the councils of all its lower -tier municipalities have passed resolutions giving their consent to the by -law; and c) the total number of electors in the lower -tier municipalities that pass resolutions under clause (b) form a majority of all the electors in the upper -tier municipality. (Motion for Direction) D - 39 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising the The Honourable Tony Valeri, Minister of Transport, that at a meeting held on July 7, 2004 Regional Council endorsed the following resolution of the City of Oshawa regarding the relocation of VIA Rail: "THAT as the City of Oshawa is the major metropolitan area anchoring the eastern edge of Toronto, VIA Rail, CN, and the Minister of Transport be advised the Via Rail Station is very important to the City of Oshawa and as such it be retained in our community; and further, that copies of the correspondence be forwarded to Durham Region MPs and MPPs, the Regional Municipality of Durham, and area municipalities." (Motion for Direction) Summary of Correspondence -28- September 13, 2004 D - 40 Roger Anderson, Regional Chair, Regional Municipality of Durham, advising The Honourable Dalton McGuinty, Premier of Ontario that at a meeting held on July 7, 2004 Regional Council endorsed the following resolution advising that the Region supports this initiative, but have concerns of the bonus provisions — "Priority Zones" and the "Timing Provisions ". The provisions discriminate against Durham Region, which does have the required infrastructure to participate in this RFP: "WHEREAS the Province of Ontario, through the Ministry of Energy, has recently released a Request for Information /Request for Qualificat6ions 2500 MW of new Clean Generation and Demand Side Projects; AND WHEREAS Durham Region provides excellent locational qualities and infrastructure such as available raw water, efficient high power transmission lines to serve the GTA and beyond, lower land costs and labour rates; AND WHEREAS the RFI /RFQ provides `Priority Zones' which would penalize any projects that were proposed within Durham Region whether it be `New Clean Generation' or `Demand Side Projects'; BE IT RESOLVED THAT the province of Ontario, Ministry of Energy revise the RFP to exclude Priority Zones or, falling that, include all sites within the GTA to be included in the said `Priority Zone'; AND THAT local municipalities within Durham Region pass similar resolutions to be forwarded to the Province of Ontario, Ministry of Energy; AND THAT our business associations, businesses and manufacturers, be made aware of the Province's proposed discrimination toward demand side projects in Durham Region and, in particular, the major energy users such as General Motors, PPG, Gerdau Ameristeel, St. Marys Cement, AND THAT these businesses and associations be urged to submit comments requesting the deletion or modification of the proposed `Priority Zone' locational evaluation bonus; Summary of Correspondence -29- September 13, 2004 AND THAT a copy of this resolution be forwarded to: i) All MPPs east of Victoria Park Avenue, Toronto, including: Wayne Arthurs (Pickering /Ajax/Uxbridge) Jim Flaherty (Whitby /Ajax) John O'Toole (Durham) Jerry Ouellette ( Oshawa) Laurie Scott (Hal iburton /Victoria/Brock) Brad Duquid (Scarborough Centre) The Honourable Mary Anne Chambers (Scarborough East) Lorenzo Berardinetti (Scarborough South West) The Honourable Alvin Curling (Scarborough Rouge River) The Honourable Gerry Phillips (Scarborough Agincourt) and Chair of the Management Board ii) The Regional Municipality of York; and iii) Premier Dalton McGuinty." (Motion for Direction) D - 41 Laura Moy, Clerk, Town of Tecumseh, advising that at a meeting held on June 25, 2004 their Council passed the following resolution regarding Municipal Water Service — Request for Funding: "WHEREAS the cost of bringing municipal water services to rural areas is cost restrictive to both municipalities and residents; WHEREAS the Provincial Government has, in the past, provided financial assistance for water and wastewater servicing projects in communities and rural areas throughout Ontario where health and environment problems were identified; AND WHEREAS the Provincial Government enacted the Safe Drinking Act 2002 recognizing that the people of Ontario are entitled to expect their drinking water to be safe and to provide for the protection of human health and the prevention of drinking -water health hazards through the control and regulation of drinking -water systems and drinking -water testing; AND WHEREAS both the Federal and Provincial government have recently signed a letter of intent agreeing to distribute $900 million to fix crumbling roads, bridges and water pipes over a five -year period to communities with fewer than 250,000 people; Summary of Correspondence -30- September 13, 2004 AND WHEREAS the Town of Tecumseh supports all provincial and /or Federal funding initiatives aimed at improving the quality of infrastructure in Ontario's small and medium -sized communities and rural areas such that all residents have affordable access to "Safe Water" which fully complies with new drinking water standards; NOW THEREFORE BE IT RESOLVED THAT the County of the Town of Tecumseh requests funding assistance from the Provincial Government to assist municipalities in providing water servicing infrastructure in rural areas; AND FURTHER THAT this resolution be forwarded to each Municipality in the Province for support and to the Association of Municipalities of Ontario and Bruce Crozier, MPP and Dwight Duncan, MPP." (Motion for Direction) D - 42 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising that at a meeting held on July 7, 2004 their Council passed the following resolution regarding the Request for Additional Justices of the Peace (2004- A -37): "a) THAT the Attorney General of Ontario be provided with a copy of Report #2004 -A -37 of the Regional Solicitor and be requested to fast track additional Justice of the Peace appointments in Central East Region, in particular appointments relevant to Durham Region; b) THAT a copy of Report #2004 -A -37 of the Regional Solicitor and Council's resolution be forwarded to all Durham MPP's, all municipalities in the judicial area known as Central East Region, the Association of Municipalities of Ontario (AMO), the Ontario Association of Chiefs of Police, the Municipal Court Manager's Association and the Prosecutor's Association with a request that they endorse the resolution; and c) THAT a copy of Report #2004 -A -37 of the Regional Solicitor be forwarded to the Associate Chief Justice /Coordinator of Justices of the Peace, Ontario Court of Justice, The Honourable Justice Donald Ebbs." (Motion for Direction) Summary of Correspondence -31 - September 13, 2004 D - 43 Jim Pine, Chief Administrative Officer - Clerk, County of Hastings, advising that a meeting held in May 2004 their Council passed the following resolution regarding the standardization of the legislation of the Ontarians with Disabilities Act: "WHEREAS the Ontarians with Disabilities Act was introduced in 2001 and all municipalities are required to prepare annual Accessibility Plans; AND WHEREAS barriers to people with disabilities are to be identified, addressed and resolved; AND WHEREAS the legislation includes no standards or guidelines to be followed; NOW THEREFORE BE IT RESOLVED that Hastings County lobby the Province of Ontario [Ministry of Citizenship and Immigration] through A.M.O. and the municipalities of Ontario to set, as soon as possible, reasonable standards and guidelines for the advancement of the Ontarians with Disabilities Act. Further, that these standards and guidelines be consistent throughout the Province. Further, that a copy of this special resolution be sent to our local MPs and MPPs for their assistance in obtaining these consistent standards and guidelines. " (Motion for Direction) SUMMARY OF BY -LAWS SEPTEMBER 13, 2004 BY -LAWS 2004 -193 being a by -law to amend By -law 99 -90, a by -law to license, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington or defined areas therein and to repeal various by -laws (Approved by Council September 15, 2003) 2004 -194 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (2001544 Ontario Limited)(Item #6 of Report #1) 2004 -195 being a by -law to amend By -law 2004 -092, a by -law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors (Item #13 of Report #1) 2004 -196 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Aloia Bros. Construction Contractors Limited, Toronto, Ontario, to enter into an agreement for the Enniskillen Sidewalk Construction, Old Scugog Road (Item #15 of Report #1) 2004 -197 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and 614128 Ontario Ltd. o/a Trisan Construction, Schomberg, Ontario, to enter into an agreement for the Sidewalk Construction, various locations (Item #15 of Report #1) 2004 -198 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Atlas Paving Company Inc., Etobicoke, Ontario, to enter into an agreement for the Bowmanville Creek Recreational Trail, Phase I I (Item #15 of Report #1) 2004 -199 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Ltd., Bowmanville, Ontario, to enter into an agreement for the Bowmanville Downtown Streetscape Revitalization (Item #15 of Report #1) 2004 -200 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into an agreement for the Storm Sewer Construction, various locations (Item #15 of Report #1) 2004 -201 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Hemson Consulting Ltd., Toronto, Ontario, to enter into an agreement for the Development Charges and Official Plan Growth Management Study (Item #16 of Report #1) ff-AWRIMT9 2004 -202 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Hamden & King Construction Inc., Ajax, Ontario, to enter into an agreement for the asphalt resurfacing, various streets (Report COD - 046 -04) 2004 -203 being a by -law to establish a Reserve Fund for Rate Stabilization (Item #17 of Report #1) 2004 -204 Confidential Property Matter (Item #21 of Report #1) 2004 -205 Confidential Property Matter (Item #21 of Report #1)