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HomeMy WebLinkAbout02/22/1999MUNICIPALITY OF CLARINGTON Council Minutes February 22, 1999 Minutes of a regular meeting of Council held on Monday, February 22, 1999, at 7:00 p.m., in the Council Chambers PRAYERS Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C. Trim Councillor T. Young Also Present: Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Acting Director of Planning and Development, D. Crome Solicitor, D. Hefferon Treasurer, M. Marano Director of Public Works, S. Vokes Divisional Fire Chief, G. Weir Municipal Clerk, P. Barrie DISCLOSURE OF PECUNIARY INTEREST Councillor Schell indicated that he would be making a disclosure of pecuniary interest with respect to Correspondence Item I — 15. MINUTES OF PREVIOUS MEETINGS Resolution #C-123-99 Moved by Councillor Trim, seconded by Councillor Schell THAT the minutes of a regular meeting of Council held on February 8, 1999, be approved. "CARRIED" Council Minutes - 2 - February 22, 1999 PRESENTATION Craig Brown, Chair, Clarington Library Board, advised Council of a joint venture which the public library and the Municipality are undertaking in recognition of the Municipality's 25t` Anniversary. They are requesting that children ages 8 to 18 years submit their views of Clarington as it will be in the year 2024 (50t' Anniversary of the Municipality). A publication will be produced highlighting the entries received. Entry forms have been distributed to all schools, to each branch of the library and to the Municipal Administrative Centre. The deadline for entry submission is March 12, 1999. DELEGATIONS Josh Thompson and Andrea Mirsch, Co -Chairs, c/o 4 Devondale Street, Courtice, LIE 1 SZ, Courtice Youth Centre, advised prior to the meeting i that they would not be in attendance. I David Wing, 145 Liberty Street South, #418, Bowmanville, L1C 4K5, was i called but was not present. q 0V 4 Roy Forrester, Orono, LOB 1MO, was present to answer any questions with respect to Report WD-10-99 and to thank Council and Staff for their support of the Oak Ridges Trail Association. Mr. Forrester advised that memberships in the Association are available at a cost of $15.00. COMMUNICATIONS Resolution #C-124-99 Moved by Councillor Rowe, seconded by Councillor Young THAT the communications to be received for information be approved with the exception of Items I — 4, 1— 10, I — 14, I — 15, I — 16, 1— 17 and I — 19. "CARRIED" Council Minutes -3 _ COMMUNICATIONS February 22, 1999 I — 1 Mary Ann Found, President, Durham East 4-H Council, forwarding a letter of appreciation to the Municipality of Clarington for the awarding of funds from the Ontario Lottery Advance Funding Program. She advised that it will be put to good use as they strive to offer continued service to the youth in the area through a strong and vibrant 4-H program. (Received for Information) 1-2 Jeffrey S. Schuyler, Water Management Co-ordinator, Kawartha Conservation Authority, advising of a Fish Habitat Management in Ontario Information Session. Throughout the first week of March 1999, a series of information sessions concerning the new fish habitat review process will be held throughout Central Ontario. (Received for Information) 1-3 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising of the endorsement of a report by Regional Council respecting Guidelines for Environmental Impact Studies. (Received for Information) 1-5 C. Smitton, Committee Secretary, Regional Municipality of Durham, advising of the endorsement of a report by Regional Council with respect to Heavy Trucks Using Regional Road 3 in the Hamlet of Enniskillen and Related Truck Concerns at the Intersection of Durham Road 3 & Columbus Road North, Oshawa. (Received for Information) 1-6 Minutes of a meeting of the Kawartha Conservation Authority held on January 20, 1999. (Received for Information) 1-7 Minutes of a meeting of the Bowmanville Museum Board held on January 13, 1999. (Received for Information) Council Minutes - 4 - February 22, 1999 COMMUNICATIONS 1-8 John R. O'Toole, MPP, Durham East, advising of a response received from the Minister of Finance with respect to GO Transit funding. He stated that although the Minister indicated that he does not plan to share provincial transportation -based revenues with municipalities, the Province has provided municipalities with other funding mechanisms. In his response, the Minister indicated that $106.5 million has been provided through the Municipal Capital and Operating Restructuring Fund. (Received for Information) 1-9 Michael Power, President, Association of Municipalities of Ontario, forwarding a letter thanking the municipality for their support in renewing their AMO Membership fees. He stated that ongoing support will ensure that AMO continues to speak for the betterment of municipalities in every part of Ontario. By combining our voices through AMO, Ontario's municipalities are able to exert a level of influence over provincial decision - making that would simply not be possible if each municipality acted alone. Continued support sends a strong message to the Province that municipalities are united in their determination to ensure that municipal governments are given the flexibility, the scope and the ability to deal with their own local issues without undue interference from the Province. (Received for Information) Betty Irving and Committee Members, Bowmanville Santa Claus Parade, forwarding a letter of appreciation to thank all of those who assisted with another successful parade and especially for the use of parade marshal vests to ensure safety for all. She also thanked the municipality for the use of the old Fire Hall and accommodating changes to the parade route once again. (Received for Information) I — 12 Member Communication Alert received from the Association of Municipalities of Ontario entitled "Treatment for Federal Payments in Lieu of Property Tax Announced." On Monday, February I" the federal government announced the procedures it will follow in determining payments in lieu of property taxes made to municipalities for 1998 and beyond. The procedures agreed to by the federal government provide that taxable property that did not pay Business Occupancy Tax (BOT) in 1997 or earlier will be shown as having a minimum BOT amount of 30% on the frozen assessment listing that is used to calculate capped amounts. I Council Minutes - 5 - February 22, 1999 COMMUNICATIONS In this way, federal properties will see an increase of 30% in property taxes before the caps are applied. This will allow these increases to flow to municipalities via increased payments in lieu. (Received for Information) I — 13 Emil Kolb, Chair, Board of Directors, Ontario Property Assessment Corporation (OPAL) advising of the appointment of Bob Richards as President and CAO of OPAC. He stated that in negotiating the Memorandum of Understanding with the Ministry of Finance, which governed the establishment of OPAC, their negotiating team pressed and was successful in having the fees for supplementary assessments in the years 1995, 1996 and 1997 cancelled. This represents savings of $59 million to municipalities across Ontario. Through negotiation, his team was also able to secure $49 million in funding to deal with assessment appeals outstanding in 1997 and prior years and new assessment appeals brought about by the introduction of current value assessment in the Province. The Province had initially offered $33 million. (Received for Information) I — 18 Paula M. Dill, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing, advising of the Year 2000 Contingency Planning for the Health Sector. While every organization and provider is legally responsible for remediating their Year 2000 problems, their best efforts made may either be insufficient or too late. Specifically, problems may result from inter- sectoral disruptions beyond the control of individual health care providers (e.g., power, water, telecommunications, or transportation system failures). For this reason, operational continuity and emergency preparedness must be key elements of every organization's and every community's efforts to be ready for the unexpected which may be brought on by the Year 2000. (Received for Information) 1-4 Big Brothers of Clarington , advising that It's Bowl for Millions Time Again. This year the "Big Brothers Bowl For Millions Campaign" will be Bowl for Millions held during the week of February 20 — 27, and they are seeking active M02.GE support from the community for this fundraiser. To get your sponsor sheets and book your day, time and the number of bowlers on your team, please call Big Brothers of Clarington at 623-6646. (Received for Information) Council Minutes - 6 - February 22, 1999 COMMUNICATIONS I-10 Resolution #C-125-99 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I — 4 be received for information. Nancy Wright-Laking, Clerk, Township of Fenelon, advising of a resolution of the Township of Fenelon as follows: Resolution re: Dissolution of Kawartha Conservation AO I .KA "WHEREAS motions calling for the dissolution of Kawartha Conservation have been received from the Village of Bobcaygeon, Village of Omemee and the Township of Manvers; AND WHEREAS the Board of Directors of the Kawartha Conservation must request the Lieutenant Governor in Council to dissolve the Kawartha Region Conservation Authority; AND WHEREAS to this end the Kawartha Region Conservation Authority must prepare a report for submission to and acceptance by the Minister of Natural Resources; AND WHEREAS in this report there must be provision made by the member municipalities of the Kawartha Region Conservation Authority for future flood control and watershed interests and for - the disposition of all assets and liabilities of the conservation authority; AND WHEREAS the member municipalities of the Kawartha Region Conservation Authority do not have provision made for future flood control and watershed interests and for the disposition of all assets and liabilities of the conservation authority; AND WHEREAS there has been no evidence forwarded that the services performed by the Kawartha Region Conservation Authority can be performed more cost efficiently or expediently by any other organization; Council Minutes - 7 - February 22, 1999 COMMUNICATIIONS AND WHEREAS a consultants report will be required prior to any decisions being made on this matter at a tremendous cost to all member municipalities, AND WHEREAS the Council of the Township of Fenelon is concerned with the disposition of conservation lands specifically held in the Township of Fenelon and do not want to assume responsibility or liability for such lands; NOW THEREFORE the Council of the Township of Fenelon do not support the request for dissolution of the Kawartha Region Conservation Authority." Resolution #C-126-99 Moved by Councillor Young, seconded by Councillor Novak THAT the resolution of the Township of Fenelon regarding the dissolution of the Kawartha Region Conservation Authority be endorsed by the Council of the Municipality of Clarington. . • • I — 14 Ernie Eves, Minister of Finance, advising of the upcoming release of information on 1998 Local Services Realignment (LSR) year-end 1998 Local adjustments and the 1999 LSR forecast. He stated that for many Services Realignment municipalities, 1998 LST costs will be lower than forecast. Municipalities' (LSR) 1998 costs were reduced by $50 million as a result of the Province's M06.GE decision to pay 100% of the cost of supportive housing and domiciliary hostels. Also, municipalities may experience lower 1998 LSR costs if actual 1998 invoices were less than forecast in March. As announced in August, adjustments to municipalities 1998 CRF entitlements will be made where net actual 1998 LSR costs exceed the amount forecast March 31, 1998. No CRF adjustment will be provided to a municipality if an increase in one LSR program cost is fully offset by a decrease in another LSR program. Where actual LSR 1998 costs are lower than the March 1998 forecast, there will be no reduction in 1998 CRF. Therefore, a number of municipalities across the Province will benefit. 2 Council Minutes - 8 - February 22, 1999 COMMUNICATIONS Resolution #C-127-99 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I — 14 be received for information. • . , I — 15 Councillor Schell made a disclosure of pecuniary interest with respect to Correspondence Item I — 15; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that he is employed by Blue Circle Canada Inc. Minutes of a meeting of Blue Circle Cement Community Relations Committee held on October 19, 1998. Resolution #C-128-99 Minutes -Blue Moved by Councillor Rowe, seconded by Councillor Young Circle Canada Inc. C06.131, THAT Correspondence Item I — 15 be received for information. " 1 b I — 16 Information Bulletin received from Durham Region, extending an invitation t�1 to join their year long festival of culture and sporting events with respect to 25Anniversary Celebrating the 25th Anniversary of the Region of Durham. There are many Celebrations of the events hosted by various groups throughout the Region and are listed in Region of Durham their Calendar of Events. For more information on any of the events, M02.GE please contact the Durham Region Tourism office at 1-800-413-0017. Resolution #C-129-99 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I — 16 be received for information. Council Minutes COMMUNICATIONS M February 22, 1999 I — 17 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising of Resolution re: a resolution passed the Regional Municipality of Durham as follows: Economic Plan for "THAT the proposal by the Durham Region Economic The Millennium Development Advisory Committee to prepare a new economic plan CIO.AD for the millennium at a cost of $150,000.00 financed by the Human Resources Development Corporation be endorsed, and further; THAT local municipalities be encouraged to actively participate in the development of the economic plan." Resolution #C-130-99 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I — 17 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-131-99 Moved by Councillor Schell, seconded by Councillor Young THAT the foregoing Resolution #C-130-99 be amended by adding the following thereto: "THAT a copy of the correspondence be forwarded to the Board of Trade." "CARRIED" The foregoing Resolution #C-130-99 was then put to a vote and CARRIED AS AMENDED. 49 Council Minutes - 10 - February 22, 1999 COMMUNICATIONS I — 19 J.D. Leach, City Clerk, City of Vaughan, advising of a resolution passed by the City of Vaughan as follows: Resolution re: Public Transit "WHEREAS the City of Vaughan deems it in the public interest to C1 O.AD promote the use of public transit as a means of reducing pollution and reducing congestion on municipal, regional and provincial highways; WHEREAS the Province of Ontario has downloaded the cost of operating transit systems and the responsibility for many provincial highways to the municipalities; WHEREAS the Province of Ontario has historically utilized funds generated by transportation -based taxes to offset the cost of maintenance of provincial roadway; WHEREAS the Province of Ontario has eliminated capital and operating funding for roads and municipal transit systems; THEREFORE BE IT RESOLVED by the Council of the City of Vaughan as follows: THAT the Province of Ontario be requested to allocate part of transportation -based tax revenues to assist municipalities in the funding of their transportation systems; THAT the Province of Ontario be requested to provide a strong financial commitment to GO Transit and transit in general; and THAT a copy of this resolution be forwarded to the Premier of Ontario, Minister of Transportation, Minister of Finance, Mr. Al Palladini, M.P.P., GTA Municipalities and the Canadian Urban Transit Association." Council Minutes - 11 - February 22, 1999 COMMUNICATIONS Resolution #C-132-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the resolution of the City of Vaughan, requesting the Province of Ontario to allocate part of transportation -based tax revenues to assist municipalities in the funding of their transportation systems, be endorsed by the Council of the Municipality of Clarington. Resolution #C-133-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Correspondence Items D — 3, D — 4, D — 6 and D — 9 be approved as per the agenda. D — 3 T.R. Pickle, Chair, Lake Ontario Chapter, Professional Engineers Ontario, advising that for 8 days beginning Sunday, February 28, 1999, the Professional Engineering community from Halifax to Victoria will be observing National Engineering Week in Canada. They are requesting the Municipality of Clarington to proclaim the week of February 28t1 1999 as Engineering Week. (Proclaimed) D — 4 Allard W. van Veen, President & Founding Member, Pitch -In Ontario, requesting the Municipality of Clarington to proclaim Pitch -In Week May 3 — 9, 1999. (Proclaimed) D — 6 Brenda Lloyd, 53 Elgin Street, Bowmanville, L1C 3C9, on behalf of the Lighthouse District Girl Guides of Canada, requesting permission to implement a Yellow Fish Road Storm Drain Marking Program. This program is designed to heighten public awareness of ways to conserve and protect our water resources for future generations. A yellow fish is painted at each sewage drain and leaflets are distributed to homes explaining the purpose. (Referred to the Director of Public Works to assist with this project) Council Minutes - 12 - COMMUNICATIONS February 22, 1999 D — 9 Steve Stewart, President, Canadian Red Cross, requesting the Municipality of Clarington to proclaim the month of March as Red Cross Month and permission to fly the Red Cross flag at the Municipal Administrative Centre. (Proclaimed and permission granted to fly the Red Cross flag in the Municipal Square) D — 5 John Maloney, President, Bowmanville Drama Club, expressing an interest in utilizing a section of the Firehall/Courthouse to make a permanent home Bowmanville for their club. As a local theatre group since the early 1960's, Drama Club — Use Bowmanville Drama Club has been putting on amateur theatre, two Of Fireball productions per year, previously within the Bowmanville Town Hall and A19.GE currently in Bowmanville High School's Auditorium. Currently new policies and other restrictions within the school board have made the idea of obtaining a permanent home for the club more and more appealing. The Bowmanville Drama Club has some original ideas how to upgrade the second floor and turn it into an area which could be utilized by groups as well as their own. Resolution #C-134-99 Moved by Councillor Mutton, seconded by Councillor Novak THAT Correspondence Item D — 5 be referred to the Property Manager for appropriate action at such time as the Municipality is in the position to discuss the future use of the building. D — 1 S. Birrell, Director Council Support & Communications, City of Kingston, advising of a resolution passed by the City of Kingston as follows: Resolution re: Waste Diversion "WHEREAS the Minister of the Environment for Ontario has C10.AD announced a plan to increase waste diversion in the province and provide some financial relief for municipalities; i' t 3 Council Minutes - 13 - February 22, 1999 COMMUNICATIONS AND WHEREAS it is the position of the City of Kingston that companies generating products or packaging must contribute financially, through a producer responsibility stewardship model, toward the waste management costs of their product or packaging; AND WHEREAS a Waste Diversion Organization will be formed to develop, implement and fund municipal initiatives aimed at increasing waste diversion; AND WHEREAS the provincial government has committed a funding contribution in the amount of $4 million from the LCBO to offset costs associated with handling LCBO glass containers; AND WHEREAS the Waste Diversion Organization is expected to begin payments to municipalities for up to 50% of blue box operating costs in the year 2000; AND WHEREAS municipalities are faced with increased net costs for recycling resulting from market forces beyond municipal control; NOW THEREFORE BE IT RESOLVED that the Corporation of the City of Kingston acknowledge the Minister of the Environment's announcement as a starting point in the process of correcting the significant funding inequities that exist between Waste Management costs borne by the municipal taxpayer versus the producer of the product or packaging; BE IT FURTHER RESOLVED that the Corporation of the City of Kingston petition the Minister of the Environment to ensure the Waste Diversion Organization multi -stakeholder structure equitably represent the level of financial obligation by each participating stakeholder; BE IT FURTHER RESOLVED that the Corporation of the City of Kingston request the LCBO funding contribution be distributed among municipalities in the province based on the mass of glass recovered. This approach is consistent with the Minister's concept of rewarding good performance. 31 a Council Minutes - 14 - February 22, 1999 COMMUNICATIONS BE IT FURTHER RESOLVED that the LCBO contributions be set at a level that reflects true handling costs of all packaging originating from the LCBO including plastic bottles; BE IT FURTHER RESOLVED that the Corporation of the City of Kingston petition the Minister of the Environment to enact enabling legislation to support the necessary financing from all industry sectors whose products or packaging are handled by municipal waste management programs; BE IT FURTHER RESOLVED that if municipal recycling programs are to manage and sustain themselves through the current market difficulties, that immediate financial support be made available over the above LCBO seed money; BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Minister of the Environment, the Association of Municipalities of Ontario and circulated to all Ontario municipalities for their support." Resolution #C-135-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT the resolution of the City of Kingston regarding the Minister of the Environment for Ontario's announcement of a plan to increase waste diversion in the Province and provide some financial relief for municipalities, be endorsed by the Council of the Municipality of Clarington. 1 D — 2 Town of Tillsonburg, advising of a resolution as follows Resolution re: "AND RESOLVED THAT the Municipal Act, RSO 1990, does not Regulate or Prohibit allow municipalities to regulate or prohibit a class or breed of Class or Breed of Dog dog nor is there a specific provision in the Act pertaining to dogs C10.AD that allows for the prohibition or regulation of dogs by breed or class; Council Minutes - 15 - February 22, 1999 COMMUNICATIONS AND WHEREAS the rottweiler and the pitbull are breeds of dogs that have shown a propensity to be vicious and attack endangering both human life and that of other animals in the Town of Tillsonburg and elsewhere in the Province of Ontario; AND WHEREAS the Town of Tillsonburg has completed significant research and review of animal control and has enacted by-laws to regulate and restrict the acts of vicious dogs in the Town of Tillsonburg; AND WHEREAS the Town of Tillsonburg has previously deemed it expedient and necessary to have specific legislation permitting the Town to regulate and restrict the rottweiler and pitbull dog in the Town of Tillsonburg through the Municipal Act, RSO 1990; AND WHEREAS the Council of the Corporation of the Town of Tillsonburg has petitioned the Legislative Assembly of Ontario in a letter dated May 1, 1998 with over 1,000 signatures through their Local Member of Provincial Parliament, Mr. Toby Barrett — Norfolk and Tillsonburg; AND WHEREAS another vicious attack has occurred on a boy in West Williams Township near Strathroy, Ontario by two rottweiler dogs leaving the child in critical condition; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Town of Tillsonburg request the Minister of Municipal Affairs for the Province of Ontario to enact the permissive legislation to restrict and regulate both the rottweiler and pittbull dog through the Municipal Act, RSO 1990, that will allow the Town of Tillsonburg and all municipalities across the Province of Ontario to address the significant danger posed to citizens prior to a vicious attack by those dogs; AND FURTHER THAT this resolution be sent to the Premier of Ontario, Minister of Municipal Affairs and the local Member of Provincial Parliament, Mr. Toby Barrett — Norfolk and Tillsonburg, West Williams Township and all municipalities across the Province of Ontario." Council Minutes COMMUNICATIONS -16- Resolution #C-136-99 February 22, 1999 Moved by Councillor Young, seconded by Councillor Rowe THAT Correspondence Item D — 2 be received for information. D — 7 Donald G. McKay, Town Clerk, Town of Whitby, advising of a resolution passed by the Town of Whitby as follows: Resolution re: Bill C55 "WHEREAS Co -Steel Lasco is a vital part of the economy of C10.AD Durham Region, Ontario and Canada, particularly since in excess of 50% of the steel produced is exported to the United States; and WHEREAS Bill C 55 will have a significant impact on the ability of Co -Steel Lasco to export to the United States; r 1. The Corporation of the Town of Whitby respectfully requests the Canadian Government and in particular the Honourable Sergio Marchi, Minister for International Trade, to consider the possible implications and ramifications Bill C 55 will have on Canadian business and in particular the exports of Co -Steel Lasco; and 2. This resolution be forwarded to the Prime Minister of Canada, The Right Honourable Jean Chretien, the Ministry of Industry Canada, The Honourable John Manley, the Premier of Ontario, The Honourable Michael Harris, the Minister of Economic Development, Trade and Tourism, The Honourable Al Palladini, the M.P. for Whitby -Ajax, Judi Longfield, as well as other GTA regional and municipal councils, the Regional Council of Hamilton -Wentworth and the Council of Sault Ste. Marie for their endorsement and support." ■ Council Minutes - 17 - February 22, 1999 COMMUNICATIIONS Resolution #C-137-99 Moved by Councillor Novak, seconded by Councillor Schell THAT Correspondence Item D — 7 be referred to staff in order for a report to be prepared and submitted to the General Purpose and Administration Committee. D — 8 Mary Jo Woollam, Regional Clerk, Regional Municipality of Ottawa - Carleton, advising of a resolution passed by the Regional Municipality of Resolution re: Ottawa -Carleton, as follows: Development Charges Act "THAT Council approve staff write to the appropriate Minister and CIO.AD request that under the Ineligible Services (4) of the Development Charges Act, Item number 1 be eliminated from Ineligible Services, and that this request be forwarded to other cities in Ontario with a population at or over 50,000." Ottawa -Carleton, like many other municipalities in Ontario, believes that a well developed cultural infrastructure ensures the economic growth of a community. Currently, the Development Charges Act excludes cultural and entertainment facilities. Were this item changed, municipalities would be able to raise the necessary funds through development charges for the building and care of these very important facilities. Resolution #C-13 8-99 Moved by Councillor Young, seconded by Councillor Rowe THAT the resolution of the Regional Municipality of Ottawa -Carleton regarding the Development Charges Act, be endorsed by the Council of the Municipality of Clarington. Council Minutes COMMUNICATIONS February 22, 1999 D — 10 C.A. Stirtzinger, City Clerk, City of Welland, advising of a resolution passed by the City of Welland as follows: Resolution re: Bill 79 "THAT WHEREAS Bill 79, Fairness for Property Taxpayers Act, C10.AD 1998, received Royal Assent on December 18, 1998; AND WHEREAS Ontario Regulation 7-99 made under the Municipal Act by the Minister of Finance, dated January 13, 1999, is a convoluted process to establish the 10/5/5 percent cap on taxes for certain property classes for 1998, 1999 and 2000, which will result in considerable additional staff time to administer and implement; AND WHEREAS Ontario Regulation 7-99 prevents municipalities from issuing interim 1999 tax bills until the impact of the calculation of the 10/5/5 percent capping on certain property classes is determined and billed which results in additional borrowing costs to meet cash flow requirements; NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario be advised that the City of Welland has serious concerns with the retroactive re -taxing process resulting from Bill 79, Fairness for Property Taxpayers Act, 1998, and therefore, strongly urges the Province to fund the additional costs forced on municipalities resultant from this untimely legislative change; and THAT the Association of Municipalities of Ontario (AMO) be requested to forward a copy of this resolution to all Ontario Municipalities for their support and endorsement; and further THAT the City Clerk provide a copy of the resolution to the Region of Niagara and the area municipalities within; the Premier of Ontario; the Minister of Finance; and the area MPP's within Niagara." Council Minutes - 19 - February 22, 1999 COMMUNICATIONS Resolution #C-139-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT the resolution of the City of Welland, advising of serious concerns with the retroactive re -taxing process resulting from Bill 79 and urging the Province to fund the additional costs forced on municipalities resultant from this untimely legislative change, be endorsed by the Council of the Municipality of Clarington. Gord Robinson, Fair Manager, Durham Central Agricultural Society. They are requesting a three year extension on a loan they received from the Municipality. He advised that with continued sponsorship and good weather, they feel they can pay a good portion of this loan off next year. Resolution #C-140-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the request of the Durham Central Agricultural Society for a three-year extension on their loan from the municipality, be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre Council Minutes - 20 - February 22, 1999 MOTION NOTICE OF MOTION Resolution #C-141-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT staffbe directed to prepare a zoning by-law amendment that amends the provisions of the `General Commercial Exception (C1-2) Zone' to permit residential units only on the second storey or above as applied to Orono; and THAT staffbe authorized to advertise a Public Meeting on the zoning application. "CA,RRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre Resolution #C-142-99 Moved by Councillor Trim, seconded by Councillor Mutton Absent �VI�REAS Mr. William Jose was a former owner of property in Newcastle Village where the Dunbury Subdivision is built who lost his life at the age of twenty while serving his country during World War I; AND WHEREAS the Jose name and family tree dates back to the early 1800s in Newcastle and the family continues to be most active and involved within the Village of Newcastle and the whole of Clarington and beyond; Council Minutes - 21 - NOTICE OF MOTION February 22, 1999 NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request that Durham Region name a street (court, etc.) within the Dunbury Subdivision in the Village of Newcastle after the late William Jose. •G.G1"I COMMITTEE REPORTS Report #1 Resolution #C-143-99 G.P.A. Report Moved by Councillor Novak, seconded by Councillor Mutton February 15, 1999 THAT the General Purpose and Administration Committee Report of February 15, 1999, be approved with the exception of Items #4 and #8. Item #4 Resolution #C-144-99 Ontario 2000 Moved by Councillor Trim, seconded by Councillor Young Main Street Ontario Funding Program THAT Report PD-20-99 be referred back to staff to allow for a F11.PR re-examination of the criteria used for allocation of funds under the Main Street Ontario Funding Program. "CARRIED" Item #8 Resolution #C-145-99 Orono Arena Moved by Councillor Novak, seconded by Councillor Mutton Expansion Project A19.OR THAT Report CS-4-99 be received; THAT Council endorse the Orono Arena Expansion Project, subject to receipt of approval from the Durham Central Agricultural Society; THAT Council approve an interest free loan, to an upset limit of one hundred and twenty five -thousand dollars ($125,000), to be drawn on as required by the Orono Amateur Athletic Association, sei r Council Minutes Report #2 Municipal Flag Policy M09. GE A09.MU -22- February 22, 1999 THAT a letter of intent for repayment of the loan in five annual installments of twenty-five thousand dollars ($25,000) each with the first payment due December 31, 2000; December 31, 2003; and the final payment due December 31, 2004, be received; THAT the required funds be drawn from the Impact/Escrow Reserve Fund Account # 1110-196-X; THAT the tendering process be administered by the Municipality of Clarington in conjunction with the Orono Arena Board and the Orono Amateur Athletic Association; and THAT the Durham Central Agricultural Society, the Orono Amateur Athletic Association and the Orono Arena Board be advised of action taken. Recorded Vote Yea Councillor Mutton Councillor Novak Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre Resolution #C-146-99 "CARRIED ON THE FOLLOWING RECORDED VOTE" Nav Moved by Councillor Young, seconded by Councillor Schell THAT Report ADMIN-05-99 be received; Absent THAT Report ADMIN-05-99 be amended by including in Section 2.2, the following municipally -owned facilities: Council Minutes - 23 - February 22, 1999 REPORTS The Orono Arena Bowmanville Museum Clarke Museum & Archives THAT the Municipal Flag Policy as outlined in Report ADMIN-OS-99 be approved; and THAT flags be available for purchase, at cost plus applicable taxes, by interested community groups, organizations, businesses and individuals. "CARR�D" Mayor Hamre advised that the Confidential Verbal Report from the Solicitor as listed on the agenda, would not be heard this evening. ll►I 1►1 .1 � 1`7-�I�.X`l Resolution #C-147-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the delegation of Roy Forrester be received with appreciation. "CARRIED" Resolution #C-148-99 Moved by Councillor Rowe, seconded by Councillor Schell THAT the presentation of the Clarington Public Library Board be acknowledged with appreciation and that the Library Board be advised that the Municipality of Clarington looks forward to working them on the 25t1' Anniversary Project. "CARRIED" Council Minutes - 24 - February 22, 1999 BY-LAWS Resolution #C-149-99 Moved by Councillor Schell, seconded by Councillor Young THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 99-22 being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and Animal Licensing Services Inc.; 99-23 being a by-law to assume certain streets within the Municipality of Clarington as public highways; 99-24 being a by-law to assume certain streets within the Municipality of Clarington as public highways and to name the same; 99-25 being a by-law of the Corporation of the Municipality of Clarington to appoint a Tax Collector/Revenue Supervisor; and 99-26 being a by-law to provide for implementation and collection of an interim tax levy for 1999 and future years. Resolution #C-150-99 Moved by Councillor Schell, seconded by Councillor Young THAT the third and final reading of By-laws 99-22 to 99-26 inclusive, be approved. Council Minutes - 25 - February 22, 1999 OTHER BUSINESS Regional Update Councillor Mutton advised that Regional Council has recently approved the allocation of funds for the 25rh Anniversary Celebrations, The Waste Management Steering Committee has been holding public meetings and receiving many ideas with respect to waste management. A public meeting is to be held February 23, 1999 at the Oshawa Airport from 5:00 .in. to 7:00 p.m. Councillor Novak stated that the Health and Social Services Committee has been dealing with the land ambulance issue and recommendations will soon be coming to Regional Council, CommitteeBoards Councillor Mutton advised that Larry Hall has recently be re -appointed Update Chair of the Ganaraska Conservation Authority, Councillor Novak indicated that while she was Acting Mayor during Mayor Harare's absence, she attended many functions but specifically mentioned the opening of Dunbury Homes and the opening of the Eastern Ontario Section Skating Competition, Councillor Rowe indicated that the Local Architectural Conservation Advisory Committee is planning a house tour for November 1999, the Clarington Library is launching the public access to the internet on March 2, 1999 and on March 1, Council will be given a preview of the program. She also indicated that the Solina Hall Board, which is holding their meeting this evening, is pleased with the Advanced Lottery Grant which Council has approved. The Visual Arts Centre Annual General Meeting is being held this Thursday, February 25, at 7:00 p.m. at the Mill. Spring Break activities at the Visual Arts Centre include Kids at the Mill and the Winter's Harvest Juried Show is calling for entries by March 5, 1999. The dates of the show are March 28 - April 23 and all are welcome to attend the opening on March 28 from 1:00 p.m. to 3:30 p.m. She noted the new time for the "Everything Under the Sun" Exhibition as being June 26 and 27, 1999, Councillor Schell advised that the Bowmanville B.I.A. is pleased with the approval of the extended free parking in the downtown and the Bowmanville Museum is hard at work planning their dinosaur exhibit and their Canada Day Celebrations. Council Minutes - 26 - OTHER BUSINESS February 221 1999 A meeting of the Road Watch Committee has been held and more volunteers are still required for that program. Councillor Trim indicated his concern that the public meetings for the Waste Management are being held at 5:00 p.m., a difficult time for many people to attend. Councillor Young advised that during the public meeting on February 11, 1999, a 19 to 1 vote in favour of keeping the Kawartha Conservation Authority resulted. Resolution #C-151-99 Moved by Councillor Trim, seconded by Councillor Young THAT the Council of the Municipality of Clarington extend their appreciation to Nancy Scott for her work with the Clarington Big Brothers and wish her well in her new endeavours in the Cobourg/ PortHope Big Brothers Office. "CARRIED" CONFIRMING BY-LAW Councillor Schell made a disclosure of pecuniary interest earlier in the meeting; vacated his chair and refrained from discussion and voting on the Confirming By-law Resolution #C452-99 Moved by Councillor Rowe, seconded by Councillor Young THAT leave be granted to introduce By-law 99-27, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 22nd day of February 1999, and that the said by-law be now read a first and second time. "CARRIED"