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HomeMy WebLinkAbout10/12/2004Leading e Way DATE: TUESDAY, OCTOBER 12, 2004 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on September 27, 2004 DELEGATIONS a) Chris Conti, Executive Director, Friends of Second Marsh, 206 King Street East, P.O. Box 26066, RPO King Street, Oshawa, L1 H 8R4 — Presentation of Award to Council COMMUNICATIONS Receive for Information 1- 1 Kawartha Pine Ridge District School Board — Dr. Glaze, Chief Student Achievement Officer of Ontario, Ministry of Education 1 - 2 Minutes of the Central Lake Ontario Conservation Authority 1 - 3 Minutes of the Clarington Hwy. 407 Community Advisory Committee 1 - 4 Minutes of the Clarington Agricultural Advisory Committee 1 - 5 Axel Starck, P. Eng, Executive Vice - President, Veridian Connections and Diana Hills- Milligan, Public Affairs, Veridian Corporation — Restoration Efforts Underway Florida 1 - 6 The Honourable Jim Bradley, Minister of Tourism and The Honourable John Gerretsen, Minister of Municipal Affairs and Housing — Community Use of Schools Program CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - October 12, 2004 1- 7 John Slobodzian, MTO Project Co- ordinator and Doug Allingham, Consultant Project Manager, Totten Sims Hubicki Associates — 407 East Environmental Assessment (EA) Terms of Reference (ToR) 1 - 8 Pat M. Madill, Regional Clerk, Regional Municipality of Durham — Discussion Paper, Places to Grow: Better Choices, Brighter Future, A Growth Plan for the Greater Golden Horseshoe 1 - 9 Martin de Rond, Director, Legislative and Information Services /Town Clerk, Town of Ajax — A Growth Plan for the Greater Golden Horseshoe 1 -10 Audrey Bennett, Ministry of Municipal Affairs and Housing — Greenbelt Protection Act 1 -11 Karen Monaghan, Communications, Community Relations & Public Affairs — 2004/05 Operating Budget 1-12 Mayor Margaret Black, Township of King — GTA Agricultural Plan, a New Deal for Cities, the Employment Rights of Double Hatter Firefighters 1-13 Debbie Zimmerman, Municipal Property Assessment Corporation — Municipal Property Assessment Corporation Annual Meeting 1-14 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing — OnRamp 1-15 Sheila Hall, Administrator, Clarington Board of Trade —Thank You 1-16 Evelyn Rozario, President, Orono Downtown Business Improvement Association — Chili- Cook -off 1-17 John O'Toole, MPP, Durham —Railway Right of Way Revenue 1-18 Mayor David Miller, City of Toronto —"Mayors Summit Communique" 1-19 Elizabeth Dowdeswell, President, Nuclear Waste Management Organization — Community Information Sessions I - 20 Linda J. Keen, Canadian Nuclear Safety Commission — Canadian Nuclear Safety Commission Council Agenda - 3 - October 12, 2004 Receive for Direction D - 1 Linda Del Grande, Acting Library Director, Clarington Public Library — Library Board Resignation D - 2 Evette Clarke and Constance Pacarynuk — Banning of Pit Bulls D - 3 Sharon Colle, National Executive Director, Vision for the 21St Century — Ride for Sight D - 4 Nicole Parsons, Recycling Council of Ontario — Waste Reduction Week D - 5 Linda Delgrande, Acting Library Director, Clarington Public Library — Ontario Public Library Week D - 6 Cecile D. Bowers, Secretary Branch 178 Bowmanville, The Royal Canadian Legion — Poppy Canvassing D - 7 Anne Lannan, Ontario Community Newspapers Association — Ontario Citizen of the Year Awards D - 8 Alexander Lyall, 37 Jones Avenue, Newtonville — Increases in Taxes D - 9 Tom Barrie, Chair, Clarington Agricultural Advisory Committee — Bovine Spongiform Encephalopathy D - 10 Hector Macmillan, Mayor, Municipality of Trent Hills — Properties Eligible for Tax Sale Registration D - 11 Linda J. Laliberte, General Manager /Secretary- Treasurer, Ganaraska Region Conservation Authority — Ontario Conservation Authorities 'u • • 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; Council Agenda - 4 - October 12, 2004 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. (Tabled at the Council Meeting of September 13, 2004) REPORTS General Purpose and Administration Committee Report of October 4, 2004 2. Confidential Report PSD- 123 -04 — Property Matter (To be distributed under separate cover) 3. Confidential Report PSD- 124 -04 — Property Matter (Circulated under separate cover) 4. Confidential Report PSD- 125 -04 — Property Matter (Circulated under separate cover) 5. Confidential Report PSD- 126 -04 — Property Matter (Circulated under separate cover) 6. Confidential Report FND- 024 -04 — Property Matter (To be distributed under separate cover) UNFINISHED BUSINESS a) FND- 023 -04 — Education Development Charges Appeal — Trinity United Church BY-LAWS OTHER BUSINESS BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL "T 0110001.0170 MI \ 1 Leading e Way .6. REPORT TO COUNCIL MEETING OF OCTOBER 12, 2004 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, OCTOBER 4, 2004 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) Report CSD -12 -04 — Construction Project Update — Bowmanville Indoor Soccer, Outdoor Lacrosse and, Courtice Fire Station #4 — Courtice Community Policing Centre 2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION Council of the Corporation of the Municipality of Clarington nominates Mr. Jack Gordon for recognition under the Heritage Community Recognition Program. 3. APPLICATION FOR REMOVAL OF HOLDING APPLICANT — KELVIN WHALEN, ASPEN SPRINGS WEST LTD. PART LOT 1.6, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON THAT Report PSD- 117 -04 be received; THAT the application submitted by Kelvin Whalen, Aspen Springs West Ltd. to remove the Holding (H) symbol be approved and that the By -law attached to Report PSD- 117 -04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and CORPORATION OF THE MUNICIPALITY OF CARRINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Report #1 - 2 - October 12, 2004 THAT all interested parties listed in Report PSD- 117 -04 and any delegations be advised of Council's decision. 4. PROPOSED ZONING BY -LAW AMENDMENT INCREASING THE LOT COVERAGE TO PERMIT THE DEVELOPMENT OF SEVEN LOTS FOR FOURTEEN SEMI - DETACHED DWELLINGS THAT Report PSD- 118 -04 be received; THAT the rezoning application submitted by Penwest Development Corporation Limited be approved and that the proposed Zoning By -law contained in Attachment 2 to Report PSD- 118 -04 be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD- 118 -04 and Council's decision; and THAT the interested parties listed in Report PSD- 118 -04 and any delegations be advised of Council's decision. 5. DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: 426719 ONTARIO INC. THAT Report PSD- 119 -04 be received; THAT the draft plan of condominium application, submitted by 426719 Ontario Inc. be approved and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 2 to Report PSD- 119 -04; THAT a copy of Report PSD- 119 -04 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD- 119 -04 and any delegation be advised of Council's decision. 6. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 2, 2004 THAT Report PSD- 120 -04 be received; THAT Council concur with the decision of the Committee of Adjustment made on September 2, 2004 for Applications A2004/036, A2004/037, A2004/038 and A2004/039; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Report #1 - 3 - October 12, 2004 7. TYRONE AND LESKARD TRAFFIC CONCERNS THAT Report EGD -47 -04 be received; THAT ,the request for an all -way stop on Concession Road 7 at Clemens Road in Tyrone be denied; THAT the request for an all -way stop on Concession Road 7 at Leskard Road in Tyrone be denied; THAT the Director of Engineering Services continue to work with the CTMAC and Durham Regional Police to find ways of improving speed compliance through rural Hamlets; THAT the Region of Durham be requested to consider installing directional signage to encourage inter regional traffic to use Regional roadways; THAT Durham Regional Police be requested to provide radar enforcement at the peak traffic periods on concession roads and in hamlets, which are known to be routes used by cottage traffic; THAT the Director of Engineering Services work with the CTMAC to develop a program to review and establish guidelines for safe operating speeds on rural roadways; THAT the Director of Engineering Services and Durham Regional Police work with the trucking industry and aggregate owners to find ways of reducing truck volume and speeds on the lower tier road network with particular emphasis on Liberty Street North through Tyrone; and THAT the interested parties listed in Report EGD -47 -04 be provided with a copy of Report EGD -47 -04 and Council's decision. 8. CLARINGTON PUBLIC LIBRARY MAIN BRANCH COFFEE KIOSK OPERATION — SIX MONTH REVIEW THAT Report CSD -10 -04 be received; THAT the Community Services Department meet with representatives from The Clarington Project, to discuss the feasibility of this group taking over the operation of the Library Main Branch Coffee kiosk; THAT staff continue to operate the kiosk during these discussions; Report #1 - 4 - October 12, 2004 THAT the Community Services Department report back to Council upon completion of these discussions; and THAT the Clarington Public Library Board be advised of Council's direction. 9. GRANT ELIGIBILITY — DISTRESS CENTRE DURHAM THAT Report CSD -11 -04 be received; and THAT the request for funding from the Distress Centre Durham be received and approved in the amount of $500.00. 10. ANIMAL SERVICES QUARTERLY REPORT —APRIL TO JUNE, 2004 THAT Report CLD -32 -04 be received; and THAT a copy of Report CLD -32 -04 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 11. EMERGENCY & FIRE SERVICES PROMOTIONAL POLICY AGREEMENT THAT Report COD - 049 -04 be received; THAT the Promotional Policy attached to Report COD - 049 -04 be approved and endorsed by Council for incorporation into the existing Collective Agreement; THAT future modifications to the Promotional Policy attached to Report COD - 049-04 be made upon mutual agreement by both parties and /or future negotiations; and THAT the Clarington Fire Fighters Association, Local 3139 be thanked for their co- operation, and informed of the endorsement. 12. SD2004 -3 SALE OF SURPLUS PROPERTIES THAT Report COD -50 -04 be received; THAT the bid in the amount of $48,900.00 for the sale of property at 4763 Highway No. 2, Newtonville, Ontario, from Wilf's Custom Hydraulic Service Ltd., Newtonville, Ontario being the highest responsible bidder meeting all terms, conditions and specifications of SD2004 -3 be accepted; THAT the By -laws attached to Report COD- 50 -04, marked Schedule "A ", authorizing the Mayor and Clerk to enter into the sale agreement be authorized; and Report #1 - 5 - October 12, 2004 THAT the proceeds from the sale of the surplus properties be deposited to the Municipal Acquisition of Real Property Reserve #100 -00- 000 - 00000 -2903. 13. PRESENTATION OF DON GIVEN, MALONE GIVEN PARSONS THAT the presentation of Don Given be received with Thanks. 14. RATIFICATION OF ACTIONS TAKEN AT THE "CLOSED" MEETING THAT the actions taken at the "closed" meeting be ratified. SUMMARY OF CORRESPONDENCE OCTOBER 12, 2004 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Kawartha Pine Ridge District School Board advising that Dr. Glaze, at the request of the Minister of Education, will join the Ministry as the Chief Student Achievement Officer of Ontario. 1 - 2 Minutes of the Central Lake Ontario Conservation Authority meeting dated September 21, 2004. (Copy attached) 1 - 3 Minutes of the Clarington Hwy. 407 Community Advisory Committee meeting dated September 7, 2004. (Copy attached) 1 - 4 Minutes of the Clarington Agricultural Advisory Committee meeting dated August 19, 2004. (Copy attached) 1 - 5 Axel Starck, P. Eng, Executive Vice - President, Veridian Connections and Diana Hills- Milligan, Public Affairs, Veridian Corporation, informing Council that on September 30, 2004 Veridian Connections dispatched volunteers from Ajax, Clarington, and Belleville depots to assist with the massive power restoration efforts underway in Florida after it was hit for the 4t" time when Hurricane Jeanne tore through causing widespread damage. Veridian will re- arrange crews left back home as required to ensure that all key services continue to its own customers. 1 - 6 The Honourable Jim Bradley, Minister of Tourism and The Honourable John Gerretsen, Minister of Municipal Affairs and Housing informing Council that on July 9, 2004 their government announced a new "Community Use of Schools Program" to build healthier communities by helping District School Boards open schools to not - for - profit community groups for after -hours recreation and community activities year round. -7 John Slobodzian, MTO Project Co- ordinator and Doug Allingham, Consultant Project Manager, Totten Sims Hubicki Associates, advising Council that the Ministry of Transportation has submitted the 407 East Environmental Assessment (EA) Terms of Reference (ToR) for review and approval under the Environmental Assessment Act. The ToR has been placed on the public record for review and comment commencing September 27, 2004. Comments may be submitted to the Ministry of the Environment no later than October 26, 2004. Summary of Correspondence - 2 - October 12, 2004 1 - 8 Pat M. Madill, Regional Clerk, Regional Municipality of Durham, advising The Honourable David Caplan, Minister of Public Infrastructure Renewal and Deputy House Leader, Government, that at a meeting held on September 29, 2004 their Council passed the following resolution, as amended, regarding the Provinces' Discussion Paper, Places to Grow: Better Choices, Brighter Future, A Growth Plan for the Greater Golden Horseshoe: "a) THAT Report #2004 -P -73 of the Commissioner of Planning, and the following comments, be forwarded to the Province as Durham Region's response to the Discussion Paper, Places to Grow: Better Choices, Brighter Future, A Growth Plan for the Greater Golden Horseshoes: i) The Greater Golden Horseshoe Growth Plan initiative should be integrated with other provincial initiatives, such as Planning Reform and Greenbelt Protection, to provide a comprehensive long -term vision for the Provincial Strong Communities agenda; ii) Municipalities face fiscal constraints and limited sources to generate revenue. Innovative and sustained funding sources, including options related to education property taxes and development charges will be required to implement the Growth Plan. Accordingly, the proposed fiscal tools need to be explored in much more detail; iii) The Provincial Policy Statement (PPS) should be amended to: a) provide strong direction to permit municipal official plans to protect a sufficient long -term supply of employment lands; and b) include effective policies requiring minimum affordable housing targets for low and moderate income households; iv) The identification of downtown Oshawa and Pickering as priority and emerging urban centres respectively, as a focus for provincial investment is supported. As well, it is important for the Growth Plan also to recognize the surrounding urban area, consistent with the ROP (i.e. Whitby /Oshawa /Courtice Urban Area and Pickering /Ajax Urban Area), which are necessary to sustain the vitality of our `downtowns'; Summary of Correspondence - 3 - October 12, 2004 v) The Pickering airport should be recognized for its potential to become an employment hub and a key component of the transportation system; vi) Local circumstances must be considered in the development and application of performance standards and measures. The Province should work with municipalities to develop meaningful and measurable performance standards, and criteria for their application; vii) The requirement for a minimum of 40% of growth to be accommodated through intensification requires clarification to determine how it will be applied and measured, and whether it is feasible, given the diversity of communities in the Golden Horseshoe; viii) The realization of the balanced population and employment target of 1 job for every 2 persons can only be achieved in Durham with the completion of key structural elements identified in the Regional Official Plan including: the completion of Highway 407; widenings to Highway 401 through the Region; and the construction of the airport in Pickering. A provincial commitment to assist in achieving the employment target in Durham is essential; ix) Small towns and rural centres should be recognized as viable 'communities' with assurance that they will continue to receive the necessary funding and tools to maintain their vitality; x) The proposed approach to integrate priority provincial investment into a 10 -year Strategic Infrastructure Investment Plan must ensure that municipalities retain direct control and responsibility for infrastructure currently within their mandates (i.e. water, waste water, roads, solid waste, etc.). Municipalities must retain control over capital budget investment decisions related to infrastructure for which they are currently financially responsible, to ensure accountability; A) The 407 through the Region has long been recognized as an important structural element of the ROP and critical to the Region's future. Accordingly, the Province must give priority for its immediate construction. Consideration should also be given to the extension of Highway 404 as a priority to support the economic vitality of the northern communities; Summary of Correspondence - 4 - October 12, 2004 xii) The extension of GO rail service to Bowmanville should be considered. Bowmanville should also be given serious consideration as a possible transit hub for the future interregional transit link between Durham and Peterborough; xiii) There should be a stronger commitment from the Province to champion and support broader Transportation Demand Management initiatives; xiv) The recommendations of the GTA Agricultural Action Plan, endorsed by Regional Council, provides a foundation for agricultural land protection and advancing farming as an industry, and thus should be recognized by the Growth Plan and incorporated in the PPS; xv) The Province should consider building on its partnership with municipalities to gauge the success of, and advise on the evolution of the Growth Plan; and xvi) The docks located at St. Marys Cement, Bowmanville, should be identified as a possible future port within the Greater Golden Horseshoe Transportation Network; b) THAT the Province also consider the previous submissions from the Region on the Provincial Planning Reform Initiatives, Bill 26 - the Strong Communities Act, Bill 27 - the Greenbelt Protection Act, Smart Growth, Brownfields, the draft Drinking Water Source Protection Act, and the GTA Agricultural Action Plan, as input to the Discussion Paper; and c) THAT a copy of Report #2004 -P -73 of the Commissioner of Planning be forwarded to the Minister of Public Infrastructure Renewal, the Minister of Municipal Affairs and Housing, and the area municipalities in Durham." 1 - 9 Martin de Rond, Director, Legislative and Information Services /Town Clerk, Town of Ajax, advising that at a meeting held on September 27, 2004 their Council passed the following resolution regarding A Growth Plan for the Greater Golden Horseshoe: 1) That the Town of Ajax supports the comments endorsed by the Region of Durham as contained in Commissioner's Report No. 2004 -P -73; Summary of Correspondence - 5 - October 12, 2004 ii) That the Town of Ajax supports the general approach as set out in the vision and strategies of the discussion paper to focus future development within existing urban boundaries, thereby containing urban sprawl and protecting the areas that provide food, greenspace and natural resources; iii) That the Town of Ajax continues to support its fixed urban boundary and as such has set aside sufficient land to ensure a balance between employment and housing opportunities that will make Ajax a financially viable, balanced and complete community; iv)That the Town of Ajax supports the position to provide municipalities with the necessary tools to maintain an adequate supply of employment lands that will meet their future needs; v) That the Town of Ajax supports eliminating appeals to the OMB when a municipality does not support a redesignation of employment area lands to other land uses provided public bodies retain their current rights to appeal the decisions of area or regional municipalities on requests to redesignate employment area lands; vi) That the Town of Ajax has serious concerns with the position that in order to accommodate the projected growth for the overall Greater Golden Horseshoe, lands identified as Future Growth Areas shall be assessed for their ability to accommodate additional growth beyond what is currently planned for in municipal official plans over the long term; vii) That the Town of Ajax requests that the lands located within the urban separator between Ajax and Whitby, which includes a portion of the Town's designated rural area, remain rural and not be considered for future urban development; viii) That the Town of Ajax has serious concerns that local area municipalities experiencing high rates of growth and not identified as either priority urban centres or emerging urban centres may not be considered for provincial infrastructure funding; ix) That the Town of Ajax requests the Province to identify Downtown Ajax as an Emerging Urban Centre; and Summary of Correspondence - 6 - October 12, 2004 x) That the Town of Ajax requests the Province to release a comprehensive package of reforms for further consultation .such as Planning Reform, Transportation Strategy, 10 - Year Infrastructure Plan, and Greenbelt Protection prior to finalizing the initiatives and provide adequate time for review and comment by the affected municipalities." 1 - 10 Audrey Bennett, Ministry of Municipal Affairs and Housing informing Council that on September 24, 2004 the government filed a regulation under the Greenbelt Protection Act to allow some municipal planning applications to proceed to provide relief from the moratorium in the act. The complete text of Ontario Regulation 293/04 may be viewed at www.e- laws.gov.on.ca and the Greenbelt Moratorium may be viewed at www. green belt.ontario.ca. 1 - 11 Karen Monaghan, Communications, Community Relations & Public Affairs stating that the Lakeridge Health's Board of Trustees recently approved the 2004/05 budget — a $19.4 million operating budget deficit due to inflation of 8% in the Healthcare sector. The Ministry requires all hospitals to balance their budgets by March 31, 2006 and establish recovery plans to cover any deficit incurred this year. To comply, they are developing a Health Services Plan which involves an intensive review and consultation to develop options to operate within the government's Transformation Agenda. 1 - 12 Mayor Margaret Black, Township of King, submitting a copy of correspondence from The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, regarding their resolution on a GTA Agricultural Plan, a New Deal for Cities, the Employment Rights of Double Hatter Firefighters and the City of Mississauga's efforts to separate from the Region of Peel. The minister has taken note of their views and will keep them in mind when discussing relevant matters with Cabinet colleagues. 1 - 13 Debbie Zimmerman, Municipal Property Assessment Corporation, introducing herself as the new Chair of MPAC. The former Board was without full membership and therefore was unable to hold its annual meeting at the Association of Municipalities Conference in Ottawa. In order to complete the process, MPAC's 2004 Annual Meeting was held at the AMO Counties and Regions and Single -Tier Municipalities, and District Social Services Administration Boards Conference in Waterloo on Monday, October 4, 2004. Summary of Correspondence - 7 - October 12, 2004 1 - 14 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, informing Council that the Ministry has launched the Ontario Regional Area Municipal Portal Northwest — OnRamp — NW, an online information and advisory service for Municipal Services Office clients in the Northwestern region of Ontario. OnRamp provides immediate access to ministry and regionally relevant municipal information 24 hours a day, 7 days a week. 1 - 15 Sheila Hall, Administrator, Clarington Board of Trade, thanking Mayor Mutton for his informative and inspiration presentation at the Annual Mayor's Address on September 21, 2004. 1-16 Evelyn Rozario, President, Orono Downtown Business Improvement Association, thanking the Municipality of Clarington for their assistance, both physical and financial, in making the Chili- Cook -off another successful event. 1 - 17 John O'Toole, MPP, Durham, supplying Council with a copy of a response regarding the Railway Right of Way Revenue — Provincial Compensation Impact. The Honourable Greg Sorbara, Minister of Finance, has advised that, that municipalities will be compensated in 2004 for the revenue effects of the freeze. He writes that mature regional rates will take effect in 2004 as scheduled and will be indexed annually starting in 2006. 1 - 18 Mayor David Miller, City of Toronto, supplying Mayor Mutton with a copy of the "Mayors Summit Communique" which reflects the focus of the discussion at the Mayors' Summit held on September 17 - 18, 2004, to secure the full benefits of a New Deal and to discuss the shared concerns of Canada's major hub cities. Premier McGuinty served as the keynote speaker and demonstrated remarkable leadership, boldness and understanding that provinces and Canada will only do well if cities are doing well. Also, the Honourable John Godfrey stated that the Federal Government remains steadfast in its commitment to working with provinces to achieve a New Deal for Canada's Cities. 1 - 19 Elizabeth Dowdeswell, President, Nuclear Waste Management Organization, advising Mayor Mutton of their plans to come to our community as part of the ongoing dialogue with Canadians on the subject of nuclear waste management in Canada. Community Information Sessions will be held at Memorial Park, 120 Liberty Street South, Bowmanville on: - November 1, 2004 6:00 p.m. — 9:00 p.m. - November 2, 2004 6:00 p.m. — 9:00 p.m. And Community Discussion Session at Memorial Park, 120 Liberty Street South, Bowmanville on: - December 7, 2004 6:00 p.m. — 9:00 p.m. Summary of Correspondence - 8 - October 12, 2004 1-20 Linda J. Keen, Canadian Nuclear Safety Commission, providing copies of the following brochures published by the Canadian Nuclear Safety Commission: - The Canadian Nuclear Safety Commission: An Overview; introductory guide to CNSC; - Nuclear Safety in Canada; detailed explanation of the CNSC and the work it does; and - Getting Involved! The Public Hearing Process; a guide to public hearings held by the Commission. CORRESPONDENCE FOR DIRECTION D - 1 Linda Del Grande, Acting Library Director, Clarington Public Library, advising Council that at a meeting held on September 23, 2004 the Library Board received the resignation of Ms. Dianne McKenzie. (Motion to thank Ms. McKenzie for her contributions to the Board and to refer correspondence to the Municipal Clerk) D - 2 Evette Clarke and Constance Pacarynuk supplying Council a copy of correspondence submitted to the Ontario Attorney General, Queen's Park, regarding the banning of pit bulls. They state the banning of pit bulls is the "wrong answer" and that the type of people who buy these dogs, for the wrong reasons, will turn to a different breed to satisfy their need for dominance or to make fast, easy money. Make the owners responsible; spaying or neutering these types of dogs wills stop backyard breeding, irresponsible dog owners and accidental breeding, making the unwanted dog population dwindle. (Motion to refer correspondence to the Municipal Clerk) D - 3 Sharon Colle, National Executive Director, Vision for the 21St Century, requesting the Municipality of Clarington's support in the upcoming "Ride for Sight" to be held June 24 — 25, 2005. All proceeds support the Foundation Fighting Blindness. The economic impact of the event on the community and businesses will be very significant — every hotel room and restaurant would be filled to capacity. Ms. Colle is requesting information pertaining to the municipality. (Motion to refer correspondence to the Director of Corporate Services) D - 4 Nicole Parsons, Recycling Council of Ontario, requesting the proclamation of the week of October 18 - 24, 2004 as "Waste Reduction Week" to raise public consciousness about waste and its environmental and social ramifications. (Motion to Proclaim) Summary of Correspondence - 9 - October 12, 2004 D - 5 Linda Delgrande, Acting Library Director, Clarington Public Library, requesting the proclamation of the week of October 18 — 24, 2004 as "Ontario Public Library Week ". The public library is a connection to the Clarington Community for residents and offers not only access to information but also a community meeting place. (Motion to Proclaim) D - 6 Cecile D. Bowers, Secretary Branch 178 Bowmanville, The Royal Canadian Legion, requesting Council's permission to commence Poppy canvassing on Friday, October 29, 2004. In recognition of this event they are also requesting that the Poppy flag fly at the municipal office on Temperance Street on Friday, October 29, 2004. (Motion to approve the selling of Poppies and to approve request to fly the Poppy flag at the Municipal Administrative Centre) D - 7 Anne Lannan, Ontario Community Newspapers Association, inviting nominations for Ontario Citizen of the Year Awards. These awards give the recognition to outstanding young people in our community. The deadline for nominations is November 30, 2004. (Motion to refer correspondence to the Municipal Clerk to place an advertisement in the local newspaper) D - 8 Alexander Lyall, 37 Jones Avenue, Newtonville, requesting Mayor Mutton's permission to attend Council to discuss the increases in Clarington taxes due to: - new rate as calculated by the Finance Department to meet the municipal budget; and - that increase resulting from the increase in re- assessment. (Motion to refer correspondence to the Director of Finance) D - 9 Tom Barrie, Chair, Clarington Agricultural Advisory Committee, advising Council that at a meeting held on September 16, 2004, the Clarington Agricultural Advisory Committee passed a resolution requesting Council to endorse the following resolution of the Town of North Perth: "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; Summary of Correspondence - 10 - October 12, 2004 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; 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 - 10 Hector Macmillan, Mayor, Municipality of Trent Hills, advising Council that at a meeting held on September 7, 2004, their Council passed the following resolution regarding properties eligible for tax sale registration: "WHEREAS it is a fact that the current method of property assessment is deeply flawed, unfair and unbalanced in Ontario. AND WHEREAS MPAC - (Municipal Property Assessment Corporation) has created undue hardship, frustration and financial turmoil for the ratepayers of Ontario. AND WHEREAS it appears that MPAC is incapable of bringing their current system of property assessment under control. AND WHEREAS MPAC is not addressing the errors and concerns being brought forward by the ratepayers of Ontario. AND WHEREAS the municipalities of Ontario have no control or input into the policies, procedures and methodology being practiced by MPAC. AND WHEREAS homeowners are literally in danger of losing their homes and properties. Summary of Correspondence - 11 - October 12, 2004 NOW THEREFORE be it resolved that the Council of the Municipality of Trent Hills endorses the recommendations contained in the submission from the Canadian Advocates for Tax Awareness (CAFTA) and further that a copy of this resolution and information from CAFTA be circulated to all municipalities in Ontario and AMO, requesting their support by resolution and forwarding it to their local MPP, Finance Minister Sorbara, Premier Dalton McGuinty, and all ministers of the Ontario legislature, requesting the Ontario Provincial Government form a conference inviting the directors of CAFTA; all Ontario municipal leaders, the Minister of Finance and the Minister of Municipal Affairs and Housing, for the purpose of creating a fair and balanced property assessment system." (Motion for Direction) D - 11 Linda J. Laliberte, General Manager /Secretary- Treasurer, Ganaraska Region Conservation Authority, advising Council that at a meeting held on September 16, 2004, they passed the following resolution regarding reinvestment in Ontario Conservation Authorities: "THAT the Ganaraska Region Conservation Authority endorse the report entitled "Submission to the Minister of Natural Resources: Reinvestment in Ontario's Conservation Authorities — Now and In the Future; and FURTHER THAT this report be forwarded to the member municipalities and request endorsement of the report." (Copy attached) (Motion for Direction) SUMMARY OF BY -LAWS OCTOBER 12, 2004 BY -LAWS 2004 -214 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Wilf's Custom Hydraulic Services Limited, Newtonville, Ontario, to enter into an agreement for the sale of land located at 4763 Highway No. 2, Newtonville, Ontario deemed surplus (Item #12 of Report #1) 2004 -215 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Item #3 of Report #1)(Aspen Springs West Ltd.) 2004 -216 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Item #4 of Report #1)(Penwest Development Corporation Limited) 2004 -217 Confidential Property Matter (Report PSD- 121 -04) 2004 -218 Confidential Property Matter (Report PSD- 122 -04) 2004 -219 Confidential Property Matter (Report PSD- 125 -04) 2004 -220 Confidential Property Matter (Report PSD - 126 -04) 2004 -221 Confidential Property Matter (Item #14 of Report #1) Clfllj[JglOn MEMO CLERK'S DEPARTMENT To: Mayor Mutton & Members of Council From: Patti L. Barrie, Municipal Clerk Date: October 12, 2004 Subject: COUNCIL MEETING - OCTOBER 12, 2004 Please note Correspondence Item D - 8 should be amended ...to read: D - 8 Alexander Lyall, 37 Jones Avenue, Newtonville, requesting information pertaining to municipal taxes and budgets. (Motion to refer correspondence to the Director of Finance) I Patti L. Barrie, Municipal Clerk c.c. - Frank Wu, Chief Administrative Officer Department Heads PLB*ct CORPORATION OF THE MUNICIPALITY OF CLAR/NGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 Clw:i!Jgton MEMO CLERK'S DEPARTMENT To: Mayor Mutton & Members of Council From: Patti L. Barrie, Municipal Clerk Date: October 8, 2004 Subject: COUNCIL MEETING - OCTOBER 12, 2004 Please note the attached report (inadvertently listed as confidential), as per your Council Agenda, for October 12, 2004. REPORTS 1. Bowmanville King Street East Corridor Study: Technical Amendments to Zoning By-law Amendment 2003 -153 Patti L. Barrie, Municipal Clerk c.c. - Frank Wu, Chief Administrative Officer Department Heads PLB*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 CWmgron REPORT PLANNING SERVICES Meeting: COUNCIL Date: Tuesday, October 12, 2004 Report #: PSD-123-04 File #: ZBA 2003-046 By-law #: Subject: BOWMANVILLE KING STREET EAST CORRIDOR STUDY: TECHNICAL AMENDMENTS TO ZONING BY -LAW AMENDMENT 2003-153 RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-123-04 be received; and 2. THAT the Council approve the technical amendments to Zoning By-law 2003-153 as set out in section 1.4 of Report PSD-123-04 and authorize the Solicitor to request the Ontario Municipal Board to amend By-law 2003-153. Submitted by: Reviewedr: . Crome, MCIP, R.P.P. Director of Planning Services C CP*DJC*df October 7, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830 REPORT NO.: PSD-123-04 2.0 RECOMMENDATION PAGE 3 2.1 It is recommended that Council approve the recommended technical amendments to Zoning By-law 2003-153 and authorize the Solicitor to request the Ontario Municipal Board to enact them. REPORT NO.: PSD-123-04 1.0 BACKGROUND PAGE 2 1.1 In October 2003, Council considered Report PSD-133-03 and adopted OPA 36 and Zoning By-law 2003-153. Said amendments implemented the recommended official plan and zoning by-law amendments identified in the King Street East Corridor Study. 1.2 Staff have been reviewing By-law 2003-153 in negotiating the settlements to the appeals with Hendry Investments Limited (252 King Street East and 9 St. George Street South) and the Simonian family (258 King Street East). During this work several technical problems with the By-law were identified. The majority involve incorrect numbering references resulting from an earlier amendment to Zoning By-law 84-63 which had not been incorporated in the consolidated Zoning By-law 84-63 when By-law 2003-153 was drafted. Also, certain other clerical errors or omissions were identified. 1.3 The Ontario Municipal Board has authority under Subsection 34(26) of the Planning Act to amend Zoning By-law 2003-153 since the Hendry and Simonian appeals still are pending before the Board. 1.4 None of the recommended .technical amendments to By-law 2003-153 change its intent. It is recommended that Council request that the Ontario Municipal Board enact the following amendments to By-law 2003-153: Replace with or Add Section or Recital Delete Reference to First Recital Report #PSD-115 Report #PSD-115-03 14.6.24(1 ) 3.15(e)iv) 3.16(e)(iv) 14.6.24(1 )(d)(ii) 3.15(e)(iv) 3.16(e)(iv) 14.6.24(1 )(f)(v) 3.15(e )(iv) 3.16(e)(iv) 14.6.24(1 )(h)(v) 3.15( e )(iii) 3.16(e)(iii) 15.4.25(1) 3.15(e)(iii) 3.16(e)(iii) 15.4.25(1) 15.2 15.2(b), delete "and" before 15.2(g), and add after 15.2(g) "and 15.2(i)" 15.4.25(1 )(b)(v) 3.15(3)(iv) 3.16(e)(iv) 15.4.26(1 ) 3.15(e)(iv) 3.16(e)(iv) 15.4.26(1) 15.2(e) 15.2(c), add 15.2(f) after 15.2(c) and add "and 15.2(i)" after 15.2(g) 15.4.26(1 )(b)(v) 3.15(3)(iv) 3.16(e)(iv) 15.4.26(2)(e) C1-30 R4-26 16.5.3(1 )(ii)(e) 16.5.3(1 )(v)(a) 16.5.3(1 )(iv)(a) 16.5.3(1 )(ii)(h) 3.15(a) 3.16(a) 16.5.3(1 )(v)(d) 3.15( e )(iii) 3.16(e)(iii) 16.5.3(1 )(vi) 3.6(b) and 3.15(e)(iii) 3.7(b) and 3.16(e)(iii) 16.5.30(1 )(ii)(h) 3.15(a) 3.16(a) 16.5.30(1 )(v)(e) 3.15(e)(iii) 3.16(e)(iii) 16.5.30(1 )(vi) 3.6(b) and 3.15(e)(iii), respectively 3.7(b) and 3.16(e)(iii)