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HomeMy WebLinkAbout12/15/2003 . . .. . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON December 15, 2003 Minutes of a regular meeting of Council held on December 15, 2003, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Emergency Services/Fire Chief, M. Creighton Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Manager of Community Planning and Design, C. Pellarin Director of Finance/Treasurer, N. Taylor Clerk II, C. Verhoog Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to Correspondence Item 1-74. Resolution #C-573-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on October 20,2003, be approved. "CARRIED" . . .~ Council Minutes MINUTES DELEGATIONS -2- December 15, 2003 Resolution #C-574-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a special meeting of Council held on October 31,2003, be approved. "CARRIED" Resolution #C-575-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a first meeting of Council held on December 1,2003, be approved. "CARRIED" Resolution #C-576-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Rick James be added to the agenda to be heard as a delegation. "CARRIED" Councillor Schell, on behalf of CLOCA, presented a plaque for the 2003 Special Watershed Recognition Award to the Planning Services Department and Mayor Mutton. Ron Hooper, 39 King Street West, Bowmanville, L 1 C 1 R2, appeared before Council to express his thanks to Council and members of Staff on behalf of the Board of Management of the BIA for the support of various initiatives over the past term. These initiatives included the approving of the closing of the downtown to vehicle traffic for special events, the upgrading of the downtown Christmas lights, the paving of a downtown parking lot, and the revitalization plans for 2004. Mr. Hooper also expressed on behalf of the Clarington Board of Trade, their support of the delegation of Rick James who is to appear this evening before Council. . .~ .~ Council Minutes DELEGATIONS - 3 - December 15, 2003 Roy Forrester, 6 North Mill Lane, Orono, LOB 1 MO, was called but was not present. Resolution #C-577 -03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the meeting be "closed" to hear the delegation of Philip Richardson and to consider Confidential Report CLD-043-03 regarding a personnel issue. "CARRIED" Rick James, James Publishing, 66 King Street West, Bowmanville, L 1 C 1 K4, addressed Council with respect to Printing Contract, RFP2003-14, Item 20 of Report #1. He expressed his concern with the awarding of the contract to a company outside of the Municipality when the proposal is only $10,000 less than James Publishing for a complicated printing contract of 20 projects. Dealing with a company an hour and a half away requires travelling to check proofs, artwork, courier costs, etc. but James Publishing can avoid these costs due to the close proximity to the town hall. James Publishing does not claim for extra payment for extra difficulties encountered with municipal projects and they are familiar with a lot of the problems that need to be corrected. Any new printer could successfully argue that these problems were not foreseeable and these charges could build up quickly. They are a significantly larger company that can offer high volume discounts but cannot match the customer service offered by James Publishing. James Publishing helps out employment within the municipality by employing other local printers to complete contracts. Mr. James believes in the slogan "buy locally". In 2004 James Publishing will be celebrating their 150th anniversary and throughout these 150 years they have been contributing to property taxes and local recreational facilities, and sponsoring local sports teams and charitable organizations. Contracts like the one the Municipality is awarding are vital to James Publishing. He believes that they have demonstrated that there would be a greater return on the investment to award the contract locally and requested tabling of the item pending further review. . .~J .~ Council Minutes COMMUNICATIONS I - 1 1-2 1-3 1-4 1-5 1-6 -4- December 15, 2003 Resolution #C-578-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information, be approved with the exception of Items 1-17, 1-22, 1-24, 1-45, 1-46, and 1-74. "CARRIED" Minutes of the Port Granby Project Community Advisory Committee meeting dated October 16, 2003. (Received for Information) James Knight, Chief Executive Officer, Federation of Canadian Municipalities, thanking Mayor Mutton for speaking to their delegation from Jinyang, China during its knowledge-building mission to Oshawa and Clarington. The delegates were very appreciative of their visit to the Municipality of Clarington and of the discussions that took place. (Received for Information) Minutes of the Newcastle Village Business Improvement Association meeting dated October 14, 2003. (Received for Information) Maurice Brenner, Interim Mayor, City of Pickering, writing to Hume Martin, CEO, Rouge Valley Health System, pertaining to the possibility of major changes in the way of Rouge Valley Health Care System provides services to the people of Ajax and Pickering. Mr. Brenner is requesting that a representative of the Rouge Valley Health Care System take part in a public consultation on this matter. (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting dated October 21,2003. (Received for Information) James Clarke, Executive Director, Canadian Nuclear Safety Commission, providing Council with a copy of the Canadian Nuclear Safety Commission Regulations Amending the Nuclear Security Regulations. (Received for Information) . .~) .~ Council Minutes COMMUNICATIONS 1-7 1-8 1-9 I - 10 I - 11 I - 12 1-13 - 5 - December 15, 2003 Minutes of the Newcastle Community Hall Board meeting dated September 23, 2003. (Received for Information) John Stephenson, writing to Dr. Peter Brown, Director, Uranium and Radioactive Waste Division, NR Can, challenging his assertion that to move the radioactive waste currently stored at the Port Granby Waste Management Facility to an engineered mound located on the north side of the Lakeshore Road is an "alternative means" of carrying out the project. Mr. Stephenson sees this proposal, after carefully reviewing all the documentation, as a clear example of an 'alternative to' the project, which, under the conditions set out in the Scope of the Environmental Assessment document should be excluded from consideration. (Received for Information) Steven Finlay, Executive Director, The Oshawa/Clarington Association for Community Living, providing Council with a copy of the grant proposal for a Community Capacity Building Grant through the Victims Service Division of the Attorney General's Office. (Received for Information) Chris Conti, Executive Director, Friends of Second Marsh, providing Council with a copy of their fall newsletter and thanking Council for their ongoing support. (Received for Information) Douglas Speers, President and CEO, EMCO Corporation, Chair, CIPEC Executive Board, providing Council with a copy of the Canadian Industry Program for Energy Conservation's 2001/2002 Annual Report, entitled Success, highlighting Canadian industry's continued efforts towards reducing energy consumption and GHG emissions. (Received for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated October 14, 2003. (Received for Information) Minutes of the Clarington Public Library meeting dated September 24, 2003. (Received for Information) . .~) .. Council Minutes COMMUNICATIONS 1- 14 I - 15 I - 16 1- 18 I - 19 1-20 1-21 1-23 1-25 - 6- December 15, 2003 Minutes of the Local Architectural Conservation Advisory Committee meeting dated September 16, 2003. (Received for Information) Lisa Fitton, Recording Secretary, Test Hill Task Force, Township of Scugog. providing Council with a copy of the draft proposal for the Protection of the East Cross Forest. (Received for Information) Minutes of the GO Transit meeting dated September 12, 2003. (Received for Information) Brian McFarlane. thanking Council and staff for their enthusiasm, professional. courteous and considerate efforts regarding the Brian McFarlane Hockey Museum. (Received for Information) Greg Martino, Account Manager, Municipal Relations, Municipal Property Assessment Corporation, providing Council with information kits pertaining to the annual Assessment Update process. (Received for Information) Minutes of the Newcastle Community Hall Board meeting dated October 28, 2003. (Received for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated November 12, 2003. (Received for Information) Minutes of the Clarington Agricultural Advisory Committee meeting dated September 18, 2003. (Received for Information) Roy Forrester, advising Council that the Oak Ridges Trail Association Hiking Trail now spans a distance of 37 kilometers from Avery Road in the west to the boundary with Port Hope at the Ganaraska Forest Centre in the east. The trail has been marked and is being maintained so as to be useable by the general public. Organized hikes are also provided, almost on a weekly basis. (Received for Information) . .~) .. Council Minutes COMMUNICATIONS 1-26 1-27 1- 28 1- 29 1-30 1-31 1-32 - 7- December 15, 2003 David Webster, District Branch Manager, Canadian Red Cross, advising Council that they have recently taken steps to streamline their communications systems, providing both fire departments and municipalities with the same contact information. (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting dated November 18, 2003. (Received for Information) R.J. Radcliffe, Clarington Road Watch, thanking Council for hiring Dennis Rudman to operate the Radar Message Board. Through increased visibility of the radar message board, they are raising public awareness of the Road Watch program and the speeding concerns of the community. It also acts as a visual deterrent to those who are always in a hurry. (Received for Information) Ontario Power Generation, providing Council with a copy of the Darlington Nuclear third quarter 2003 Nuclear Report Card. (Received for Information) Fred Granek, Vice President, Ontario Centre for Environmental Technology Advancement, providing Council with their Annual Report 2002-2003. The Ontario Centre for Environmental Technology Advancement is working in GTA municipalities and regions, helping to improve air quality and reduce emissions, pollutants and wastes from small-to-medium sized manufacturers, through the Toronto Region Sustainability Program. (Received for Information) Phil LeSauvage, Public Affairs Manager, Darlington Nuclear, Ontario Power Generation, advising Council that he is moving to another position within Ontario Power Generation. Effective December 1, 2003, he will be the Public Relations Manager at Pickering Nuclear. He is pleased to announce that Don Terry will be taking over as Public Affairs Manager at Darlington. (Received for Information) Minutes of the Ganaraska Region Conservation Authority meeting dated October 16, 2003. (Received for Information) . .~) .~ Council Minutes COMMUNICATIONS 1- 33 1-34 1-35 1-36 1-37 1-38 1- 39 1- 40 -8- December 15, 2003 John O'Toole, MPP, Durham, providing Council with a copy of his correspondence to the Honourable Leona Dombrowsky, Ministry of the Environment regarding paper sludge and other similar materials. (Received for Information) George Graham, Clerk-Administrator, The Township of Brock, advising Council that the Township of Brock Protection to Persons and Property Committee passed a resolution in su pport of the Region of Durham forming a Local Advisory Committee as set out in the Nutrient Management Act regulations. (Received for Information) John O'Toole, MPP, Durham, writing to The Honourable George Smitherman, Minister of Health and Long-Term Care, regarding the application by Clarington Older Adults Association for funding under the Elderly Persons' Centre Act and his support for this request. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee meeting dated July 17, 2003. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee meeting dated September 18, 2003. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee meeting dated October 16, 2003. (Received for Information) Canadian Nuclear Safety Committee, providing council with a copy of A Record of Proceedings, including the Reasons for Decision and transcript of the hearing announcing that the Ontario Power Generation's proposed Darlington Used Fuel Dry Storage Project, is not likely to cause significant adverse environmental effects. (Received for Information) Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated October 7, 2003. (Received for Information) . .; .. Council Minutes COMMUNICATIONS 1-41 1-42 1-43 1- 44 1-47 -9- December 15, 2003 Minutes of the GO Transit meeting dated October 8, 2003. (Received for Information) Federation of Canadian Municipalities (FCM), advising Council that Paul Martin has been elected as Leader of the Liberal Party of Canada. Mr. Martin has committed himself and his government to working to redress two key problems facing municipal governments: no voice in setting priorities and little control over financial resources and he understands the large urban regions and small rural municipalities have different problems that need specific solutions. FCM is ready to work with the new Prime Minister, with his government and with the provincial and territorial governments. (Received for Information) John O'Toole, MPP, Durham, writing to The Honourable Harinder Takhar, Minister of Transportation, advising that the Clarington Agricultural Advisory Committee expresses the Committee's support for final construction and completion of Highway 407 through Clarington connecting to Highway 35/115. The resolution seeks to fast-track the extension of this highway, while ensuring all the necessary environmental assessments and public consultations are followed. Mr. O'Toole notes that Scugog Council has seen fit to receive and endorse this correspondence. (Received for Information) Greg Mills, Superintendent - Operations, Durham Regional Police Service, advising Council that Durham Regional Police Services are in the process of drafting a response to the questions that Mr. Inky posed surrounding the effectiveness of the Youth Criminal Justice Act legislation. (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting dated November 18, 2003. (Received for Information) . .- .. Council Minutes COMMUNICATIONS 1-48 1- 49 I-50 I-51 I-52 I-53 - 10- December 15, 2003 Office of the Minister, Ministry of Municipal Affairs, advising Council that the government has announced delivery of a bigger, better park on the Richmond Hill Oak Ridge Moraine lands. The park, tentatively called Oak Ridges Moraine Heritage Park, will be three times the size of High Park. The Minister also announced that he will move ahead to protect the public interest by introducing legislation to boost environmental protection and inject more transparency and public accountability into planning decisions across the province with significant new planning reforms. (Received for Information) Linda Marsh, Program Consultant, Ministry of Health and Long- Term Care, advising Council that Dr. D. Shiu and Dr. Spruyt have left the Municipality of Clarington and extending congratulations on the recruitment of Dr. Olufemi Omiwole. (Received for Information) Lee Anne Jones, Manager, Infrastructure Planning, The Regional Municipality of Halton, providing Council with an Executive Summary of the Lake Ontario Shoreline Algae Action Committee 2003 Progress Report, along with a copy of the Table of Contents of the full report. (Received for Information) Linda Gasser, writing to Gene Chartier, Manager, Transportation Planning and Design, Regional Municipality of Durham, Works Department, commending the work and effort put into the Mobility Study and the resulting Transportation Master Plan over the last several years. The Region should be better prepared to grapple with land use and transportation issues as a result of all the hard work. (Received for Information) John O'Toole, MPP, Durham, advising Council that he is looking forward to working with each Member of Council in the new term. (Received for Information) Minutes of the Clarington Public Library meeting dated October 22, 2003. (Received for Information) . ~. ~ Council Minutes COMMUNICATIONS 1- 54 I-55 I-56 I-57 I-58 - 11 - December 15, 2003 Francoise Guenette, Corporate Director of Communications, Lakeridge Health, providing Council with information pertaining to the press conference on sterilized equipment. (Received for Information) Minutes of the Local Architectural Conservation Advisory Committee meeting dated October 21, 2003. (Received for Information) Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated November 4, 2003. (Received for Information) Elizabeth Dowdeswell, President, Nuclear Waste Management Organization, updating Council on the work of the Nuclear Waste Management Organization (NWMO), specifically as it pertains to the nuclear site communities. Over the course of the summer they commissioned and received over twenty background papers on a range of topics and concepts related to the management of radioactive waste. They also held a number of workshops and panel discussions on scenarios building, ethics, traditional aboriginal knowledge, technology and environment. The Community Dialogue Planning Workshop was established so that the communities could start to engage with each other. Significant discussion also occurred regarding the need for community- specific, community-based forums that could be charged with a liaison/coordination role between the NWMO and the community. A number of challenges were also identified, including the relationship of such a structure to local and regional governments, and how to determine appropriate participation, among other things. A draft report has been circulated to the participants and will be forwarded to Council when it is finalized. (Received for Information) Minutes of the Newcastle Village Business Improvement Association meeting dated November 13, 2003. (Received for Information) . .-: .~ Council Minutes COMMUNICATIONS I-59 1-60 1-61 1-62 1-63 1-64 1-65 - 12- December 15, 2003 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation (CLOCA), advising Council that Mr. Brian Seaton will be the recipient of an Individual Award of the 2003 CLOCA Watershed Awards. Mr. Seaton is being recognized for his volunteer hours with the Hampton Pond recovery project. Currently Chair of the project committee, Mr. Seaton has been involved with the project since 2001. (Received for Information) The Honourable David Collenette, Minister of Transport, advising Council that since September 11, 2001, Transport Canada has put in place additional security measures to prevent the use of aircraft as terrorist weapons, including increased screening of passengers and increased security for airline flight decks. In addition, Transport Canada reviews and monitors the air navigation system to ensure a continued high level of safety. The Canadian Nuclear Safety Commission (CNSC) is the regulatory agency responsible for the safety and security of nuclear plants. Should the CNSC, in conjunction with other government departments and agencies, determine that security requirements warrant permanent restricted airspace around nuclear power stations, they would approach Transport Canada to put restrictions in place for these stations. (Received for Information) Minutes of the Port Granby Project Community Advisory Committee meeting dated November 6, 2003. (Received for Information) Tim Hearn, Chairman, President and Chief Executive Officer, Imperial Oil Limited, providing Council with a copy of Imperial Oil's corporate citizenship report, A Partner in the Canadian Community. (Received for Information) Minutes of the Ganaraska Region Conservation Authority meeting dated November 20,2003. (Received for Information) Gary Polonsky, President, Durham College, providing Council with a copy of their annual report. (Received for Information) Low-Level Radioactive Waste Management Office, providing Council with a copy of their annual report for 2002-2003. (Received for Information) . & r~ Council Minutes COMMUNICATIONS 1-66 1-67 1-68 1-69 1-70 - 13- December 15, 2003 Dr. Gary Polonsky, President, University of Ontario, updating Council on the recent developments at Durham College and the University of Ontario Institute of Technology (UOIT). UOIT, the first completely new university to be built in Ontario in 40 years, opened to more than 900 students this September - on time, on budget and to rave reviews. In addition, they have thrilled a rapidly growing community of more than half a million people beyond belief. Residents across Durham Region and Northumberland County, which they also serve, have proudly supported and welcomed the University of Ontario Institute of Technology. (Received for Information) Federation of Canadian Municipalities (FCM), advising Council that the recent municipal elections in Ontario have created a vacancy for the position of FCM Third Vice-President and one vacancy on the FCM National Board of Directors. The Ontario Caucus has decided to offer elected officials in Ontario member municipalities the opportunity to fill these positions. Nominations will be received up to December 31,2003. (Received for Information) Dalton McGuinty, Premier of Ontario, extending sincere congratulations to the Mayor and Council on their successful election to office. It is an honour and a privilege to be elected to serve the public. (Received for Information) John Gerrestsen, Minister of Municipal Affairs, advising Council that Premier McGuinty is committed to a new partnership with the municipal sector. They will work with Council and treat Council with respect, recognizing that Ontario's communities are diverse. (Received for Information) Yves Ducharme, President, Federation of Canadian Municipalities (FCM), advising Council that at their National Board of Directors meeting they focused on Paul Martin's commitment to a New Deal for Canadian cities, towns and villages. They are looking for progress on four key points: The appointment of a senior minister; a cabinet committee to spearhead change; a clear commitment to the New Deal in the upcoming Speech from the Throne; and action on the fiscal plan in the Spring Budget. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-71 1-72 1-73 I - 17 1-22 - 14- December 15, 2003 David Miller, Mayor, City of Toronto, providing Council with a copy of his presentation to the GT A Federal and Provincial Liberal Joint Caucus meeting that took place in Toronto on November 28,2003. This was an historic event that marks a significant change in the relationship between municipalities, the Province of Ontario and Government of Canada. It signals an emerging partnership that recognizes the role and importance of cities to the province and country. (Received for Information) Minutes of the Newcastle Community Hall Board meeting dated November 18, 2003. (Received for Information) Minutes of the Durham Nuclear Health Committee meeting dated November 14, 2003. (Received for Information) Correspondence Items D - 22 and D - 23 were distributed as a handout. Secretary, Newcastle/Bond Head Ratepayers' Association, thanking Council and the Operations Department for the excellent job done in upgrading the sidewalks in the village. Resolution #C-579-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence 1-17 be received for information. "CARRIED" Minutes of the Clarington Agricultural Advisory Committee meeting dated August 25, 2003. Resolution #C-580-03 Moved by Councillor MacArthur, seconded by Councillor Pingle WHEREAS the Clarington Agricultural Advisory Committee (CAAC) in their minutes of their August 25, 2003 expressed their rationale for the completion of Highway 407 to Highway 115/35; . . . Council Minutes COMMUNICATIONS 1- 24 1-45 - 15 - December 15, 2003 AND WHEREAS delay in such completion is causing the agricultural community to have to deal with a "cloud of uncertainty" which makes it impossible to prepare business plans and to make commitments to their agricultural operations; AND WHEREAS increased hazards and congestion on back road which would limit the safe movement of farm equipment would occur should Highway 407 stop at any Courtice link; AND WHEREAS the CAAC has passed a resolution advising Clarington Council to support the completion of Highway 407 through to Highway 115/35 without delay following the necessary environmental assessment; and THEREFORE IT BE RESOLVED that Clarington Council encourages the Agricultural Committee to meet jointly with the Highway 407 Committee to discuss their positions regarding the completion of Highway 407 to Highway 115/35; and THAT Franklin Wu, Chief Administrative Officer, facilitate and chair the meeting. "CARRIED" Minutes of the Clarington Agricultural Advisory Committee meeting dated October 16, 2003. Resolution #C-581-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item 1-24 be received for information. "CARRIED" Evelyn Rozario, Chair, Orono BIA, thanking Council for instigation of the Orono Community Improvement Plan. They feel that the Community Improvement Plan gives them a unique opportunity to initiate the changes needed to generate some kind of growth in the community. . . . Council Minutes COMMUNICATIONS 1-46 1-74 - 16- December 15, 2003 Resolution #C-582-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence 1-45 be received for information. "CARRIED" Evelyn Rozario, Chair, Orono BIA, advising Council that they feel the introduction of big box stores into neighbouring communities would hard hit their businesses. They are requesting that they be recognized as a stakeholder should the big box stores be challenged at the Ontario Municipal Board. Resolution #C-583-03 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence 1-46 be referred to the Director of Planning Services. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Correspondence Item 1-74, vacated his seat and refrained from discussion and voting on the matter. Councillor Schell is employed by St. Marys Cement. Minutes of the St. Marys Cement Community Relations Committee meeting dated November 25, 2003. Resolution #C-584-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence 1-74 be received for information. "CARRIED" Correspondence Items D-22 and D-23 were received as handouts. . . . Council Minutes COMMUNICATIONS D - 1 D-3 D-4 D-5 - 17- December 15, 2003 Resolution #C-585-03 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 2, D - 9, and D - 12 to D - 21, inclusive. "CARRIED" Tracey Smith, writing to Council regarding her son's bus stop which is located at the bottom of a busy hill near the intersection of Townline and Taunton Roads. This location is not very safe for children getting on and off a school bus. The only solution that Ms. Smith has been given from the school board is to have the turn around at the end of Fice's Road expanded. (Correspondence referred to the Director of Engineering Services and the Director of Operations) Peter Jobe, Fire Protection Advisor, Office of the Fire Marshal, Ministry of Community Safety and Correctional Services, advising Council that the Office of the Fire Marshall (OFM) has conducted a Municipal Fire Protection Information Survey for the Municipality of Clarington. The survey was developed as a means to gather information relating to minimum fire prevention and public education programs being delivered in municipalities under the requirements of the Fire Protection and Prevention Act, 1997. Mr. Jobe is requesting a meeting with the Mayor and/or representatives to discuss the results of the survey. (Advised of delegation scheduled for January 19, 2004) Residents of Enniskillen, requesting Council to install an all-way stop, complete with overhead flashing red light at Holt Road and Regional Road 3 to reduce the speed of traffic through the community of Enniskillen. (Correspondence referred to the Director of Engineering Services) John O'Toole, MPP, Durham, requesting Council input on any possible legislation the Province of Ontario might pass that would help the municipalities to better protect the public from vicious dogs. (Correspondence referred to the Municipal Clerk's Department) Council Minutes - 18 - December 15, 2003 . COMMUNICATIONS D-7 Kim Wildman, Program Coordinator-Person to Person Campaign, Heart and Stroke Foundation of Ontario-Durham East Chapter, requesting Council to proclaim their Person-to-Person Giving Campaign and to hold a flag raising ceremony to occur on or near February 1, 2004. This annual campaign raises funds by canvassing neighbourhoods throughout Canada. (Proclaimed and approved the flag raising ceremony for the Person-to- Person Giving Campaign) M. Phyllis Baker, Board Chair, Clarington Public Library, advising Council that the Clarington Public Library Board at their meeting of November 26, 2003, adopted a 2004 current budget. The Library Board's operating budget request, including non-controllable impact items and Priority #1 request for 2004 is $1,819,961. (Correspondence referred to the Director of Finance/Treasurer) D - 6 D-8 M. Phyllis Baker, Board Chair, Clarington Public Library, advising Council that the Clarington Public Library board at their meeting of November 26, 2003, adopted a 2003 capital budget and four-year forecast. The Library Board's capital budget request for 2003 is $120,000. . (Correspondence referred to the Director of Finance/Treasurer) D - 10 Yves Ducharme, President, Federation of Canadian Municipalities, providing Council with a copy of the FCM-CH2M Hill Sustainable Community Awards brochure and application form. Award submissions must be received by January 23, 2004. Each municipal government may submit a maximum of two projects. (Correspondence referred to staff) D - 11 Lynne Westlake, Director, Policy and Strategic Liaison Division, Human Resources Development Canada, providing Council with a Nomination Package for the 2004 Therese Casgrain Volunteer Award. The award honours the memory of Therese Casgrain and acknowledges the contributions Canadian volunteers make to society. Deadline for nominations is March 1, 2004. (Correspondence referred to the Municipal Clerk to place an ad in the newspaper) . . . . Council Minutes COMMUNICATIONS D - 22 D - 23 D-2 D - 9 - 19 - December 15, 2003 Lee Petley, Co-Chair, Dr. Ross Tilley School Council, requesting Council to extend the sidewalk down to the intersection of Highway 57 and Baseline Road. She has seen many students try to cross Highway 57 to get to the fast food outlets at Baseline and Highway 57. They are cutting across the highway, as the sidewalk does not go all the way, which is causing a serious safety hazard. (Correspondence referred to the Director of Engineering Services) Ken Graham, Parent Council Representative, Waverley Public School, requesting Council to extend the sidewalk on the east side of Highway 57 to Baseline Road. A significant number of older students at the school go to the fast food outlets at the intersection of Highway 57 and Baseline Road. However, where the sidewalk ends, the students try to cut across the highway, creating a very dangerous situation. (Correspondence referred to the Director of Engineering Services) Patricia Enright, Secretary-Treasurer, Clarington Public Library Board, providing Council with a copy of the audited financial statements for the year ended December 31,2002. Resolution #C-586-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Correspondence Item D-2 be received for information. "CARRIED" David Kelly, Clarington Accessibility Advisory Committee Chairperson, advising Council that on December 4, 2003, the Committee passed the following resolution: "THAT the Committee forward a letter to the Municipality requesting a public skating time for persons with disabilities, including those who require assistive devices, such as sledges, once a week for an hour." . . . Council Minutes COMMUNICATIONS D - 12 D -13 - 20- December 15, 2003 Resolution C-587-03 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Correspondence Item D-9 be referred to the Director of Community Services. "CARRIED" John Stephenson, writing to Council regarding the Long Term Low Level Radioactive Waste Storage Facility at Port Granby. Mr. Stephenson has provided Council with a copy of a letter which asks the Proponent of the Port Hope Area initiative if the 'Trench Option' has been considered as an 'alternate means'. It is important that Council ask the Proponent if this 'alternative means' has been considered, what were the criteria by which it was judged, and for a copy of the documented evaluation of this 'alternative means'. Council could also ask for similar information on the other 'alternative means' which have been studied by the Proponent, so that Council can determine whether the evaluation of 'alternative means' for the overall project was both reasonable and fair. Resolution #C-588-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D-12 be referred to Staff. "CARRIED" Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on September 25, 2003, considered and supported the following resolution of the County of Grey which was referred by Council: "WHEREAS the announcement of a cow infected with Mad Cow disease has had an immediate negative impact on the livestock industry and related industries; AND WHEREAS the livestock industry is an important part of the Canadian economy; . . . Council Minutes COMMUNICATIONS D -14 - 21 - December 15, 2003 NOW THEREFORE BE IT RESOLVED THAT the County of Grey encourage the senior levels of Government to take immediate action to show financial support to mitigate the negative impact being felt; AND THAT the senior levels of government be encouraged to expeditiously work towards reinstating the export of beef to the United States and other countries; AND FURTHER THAT the resolution be circulated to the Honourable Lyle Vanclief, Minister of Agriculture. the Honourable Helen Johns, Minister of Agriculture and Food, local MPs and MPPs, the Association of Municipalities of Ontario, the Federation of Canadian Municipalities, and all municipalities within the Province of Ontario." Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on October 16, 2003, considered and endorsed the following resolution of the County of Bruce which was referred by Council: "WHEREAS the announcement of a cow testing positive with Bovine Spongiform Encephalopathy (BSE) has had an immediate negative impact on the livestock industry and related industries in all of rural Canada; AND WHEREAS the livestock industry is an important part of the Canadian economy; NOW THEREFORE BE IT RESOLVED THAT the County of Bruce encourage the senior levels of Government to take immediate action to show financial support to mitigate the negative impact being felt by implementing a BSE specific financial support program; AND THAT the senior levels of government be encouraged to expeditiously work towards reinstating the export of beef to the United States and other countries; . . . Council Minutes COMMUNICATIONS D - 15 - 22- December 15, 2003 AND FURTHER THAT the resolution be circulated to The Honourable Jean Chretian, Prime Minister of Canada, The Honourable Ernie Eves, Premier of Ontario and all Premiers throughout Canada, Honourable Kyle Vanclief, Minister of Agriculture, the Honourable Helen Johns, Minister of Agriculture and Food, local MP's and MPP's, the Association of Municipalities of Ontario, the Federation of Canadian Municipalities, the Bruce County Cattlemen's Association, the Ontario Cattlemen's Association, the Canadian Cattlemen's Association and all municipalities within the Province of Ontario." Resolution #C-589-03 Moved by Councillor Robinson, seconded by Councillor Schell THAT the resolution of the County of Grey pertaining to Mad Cow disease and the resolution of the County of Bruce pertaining to Bovine Spongiform Encephalopathy be endorsed. "CARRIED" Betty Lycett, Secretary-Treasurer, Orono Cemetery Company, requesting financial assistance for the following improvements to improve their level of service: . Installing water service to property line; . Installing water line from the street to the Lang Memorial Chapel; . Trenching and backfilling from property line to chapel and top of hill; . Trenching and backfilling for water line in cemetery; . Installing water system, hydrants, fittings and labour; . Replacing the existing picket fence on south-east side from the main gates to the south end with chain-link fence to correspond with fence on the north-east perimeter; and . Replacing existing picket fence abutting the Lang Memorial Chapel with a new picket fence. Resolution #C-590-03 Moved by Councillor Robinson, seconded by Councillor Trim THAT the written request for a grant from Orono Cemetery Company be received; . . . Council Minutes COMMUNICATIONS D - 16 D -17 - 23- December 15, 2003 THAT pre-budget approval be given for a one-time grant of $15,000 to the Orono Cemetery Company and for said monies to be used for those items identified in the letter dated December 8, 2003; THAT the monies be taken from the 2004 tax levy; THAT the Director of Operations be requested to assist the Orono Cemetery Company in making the improvements; and THAT the Orono Cemetery Company be advised of Council's decision. "CARRIED" Kenneth J. McGill, President, Port Darlington Harbour Company, requesting Council to properly honour their obligations in connection with the costs of dredging Soper Creek. The need to again dredge the entrance to Soper Creek has arisen and again he is formally requesting the municipality contribute its share of the cost thereof. Failing such contribution, Mr. McGill is expecting that the municipality not anticipate continued access to Soper Creek for public use. Resolution #C-591-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D-16 be referred to the end of agenda to be considered during a "closed" session of Council. "CARRIED" Tony Derro, Secretary, The Association of Municipal Tax Collectors of Ontario, advising Council that the Association of Municipal Tax Collectors of Ontario on September 9, 2003, passed the following resolution: "WHEREAS the Assessment Act, Section 19(1) requires the Municipal Property Assessment Corporation (MPAC) to assess properties at current value. AND WHEREAS the registration of a plan of subdivision may change a property's current value. . . . Council Minutes COMMUNICATIONS - 24- December 15, 2003 AND WHEREAS MPAC has established a Key Performance Indicator that MPAC will assess on the next Assessment Roll all lots and units identified on newly registered subdivision and condominium plans that have been received at MPAC by November 1 of the prior year. AND WHEREAS MPAC has indicated a desire to have the backlog of apportionments cleared up by November 2003 with a future goal of having all apportionments completed within six months of the registration of the plan. AND WHEREAS any delay in MPAC producing these apportionments creates difficulties for municipalities to create properties due to the lack of a roll number to which to apply any payments. AND WHEREAS this delay in the creation of roll numbers does not assist municipalities in providing good customer service to its property owners. AND WHEREAS for Plans registered after November 1 of each year and before the return of the Assessment Roll a municipality must file a complaint to seek a change in assessment that will recognize the appropriate value for taxation purposes. AND WHEREAS currently, MPAC does not have the legislative authority to issue a "Supplementary" or "Omitted" assessment to reflect any assessment change as a result of the registration of subdivision plans. AND WHEREAS the low assessment values cause a loss of revenue to the levying bodies that all of the other property owners must cover. THEREFORE BE IT RESOLVED THAT the Association of Municipal Tax Collectors of Ontario hereby requests the Province of Ontario to amend the legislation to allow MPAC the legislative authority to issue a "Supplementary" or "Omitted" assessment to reflect any assessment change as a result of the registration of a plan of subdivision. . . . Council Minutes COMMUNICATIONS D - 18 - 25 - December 15, 2003 FURTHERMORE BE IT RESOLVED THAT this authority to issue a "Supplementary" or "Omitted" assessment be effective retroactive to the date of registration of the plan of subdivision during the two year prior to the passage of the legislation. FURTHERMORE BE IT RESOLVED THAT MPAC be required to assess and apportion all development properties in a specified timeline in order to better serve the municipalities and their customers, the property owners. AND FURTHERMORE BE IT RESOLVED THAT a copy of this resolution be forwarded to all member municipalities, all tax levying municipalities and the Municipal Property Assessment Corporation for support." Resolution #C-592-03 Moved by Councillor Trim, seconded by Councillor Schell THAT the foregoing resolution of the Association of Municipal Tax Collectors be endorsed. "CARRIED" Denis Kelly, Regional Clerk, Regional Municipality of York, providing Council with a copy of the Regional Municipality of York, Clause No.1, Report NO.1 0 of the Commissioner of Transportation and Works regarding Asian Longhorned Beetle. This report outlines the significant risk to urban and other forest arising from the infestation of the Asian Longhorned Beetle. Regional Council is requesting Council's support and endorsement of the following resolution: "1. The Regional Chair be authorized to correspond with the appropriate Federal and Provincial Ministers and agencies, to request appropriate action to deal effectively with the Asian Longhorned Beetle (ALHB), as outlined in this report. 2. Staff continue to assist the Canadian Food Inspection Agency (CFIA) with ongoing survey activities, and participate on the Operational Committee and Communications Committee. . . . Council Minutes COMMUNICATIONS - 26- December 15, 2003 3. Copies of this report be sent by the Regional Clerk to all Ontario Municipalities with populations over 50,000, area Members of Parliament and Members of Provincial Parliament, the Association of Municipalities of Ontario (AMO), and the Federation of Canadian Municipalities (FCM) for their support and endorsement. 4. The Association of Municipalities of Ontario and the Federation of Canadian Municipalities be requested to advocate on behalf of municipalities affected and potentially affected. 5. The Regional Chair immediately set up a meeting with the Federal Minister of Agriculture and the new Provincial Minister of Natural Resources, involving the City of Vaughan, City of Toronto and the Toronto and Region Conservation Authority, if possible, to: (1 ) discuss issues around the disposal and quarantine of infested trees; (2) secure the necessary funding approval for an aggressive program of survey, tree removal, disposal and replacement from the Federal and Provincial Governments; 6. Staff be requested to report back to the November 20, 2003, Council meeting on funding for this program. 7. Council immediately set aside $500,000, if appropriate, for any action that is necessary in the meantime; and 8. Staff track all associated costs as in SARS in the event there is recovery for them." Resolution #C-593-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D-18 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 19 D - 20 - 27- December 15, 2003 Hazel Soady-Easton, Deputy Clerk, The Corporation of the Town of Minto, advising Council that the Town of Minto at a meeting held on October 29, 2003, passed the following resolution: "THAT the Town of Minto pass a resolution to appeal to the Ontario Minister of Health in requesting to increase the allocated compensation for Nurse Practitioners from $110,000 to $150,000 per year to cover their operating costs in assisting Ontario's under serviced medical areas; AND FURTHER THAT a copy of this resolution be forwarded to all municipalities in Ontario, Ted Arnott, M.P.P., Waterloo- Wellington, the Minister of Health, the Deputy Minister of Health and all OSUM municipalities." Resolution #C-594-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Correspondence Item D-19 be received for information. "CARRIED" William Varga, Mayor, Town of Lasalle, advising Council that the Town of Lasalle is urging the new Liberal Government, to begin debate and eventual implementation of no smoking within all retail/business/entertainment establishments throughout the Province. The support of all Ontario municipalities is requested. Resolution #C-595-03 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Correspondence Item D-20 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 21 REPORTS Report #1 G.P.A. Report Dec. 8, 2003 Report #2 Longworth Avenue Extension - 28 - December 15, 2003 Confidential Correspondence regarding a personnel matter. Resolution #C-596-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Confidential Correspondence Item D-21 be referred to the Director of Operations. "CARRIED" Resolution #C-597 -03 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of December 8,2003, be approved, with the exception of Item 20. "CARRIED" Resolution #C-598-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Item 20 of Report #1 be referred to the end of agenda for review during the 'closed' meeting. "CARRIED" Resolution #C-599-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report COD-048-03 be received; THAT the remaining items in Contract CL2003-27 be awarded to Dagmar Construction Inc., Markham, Ontario for the amount of $860,032.11 (excluding G.S.T.); THAT the total funds required in the amount of $985,000.00 representing Halloway Holdings portion of the work be temporarily funded from the Roads Contributions Reserve Fund Account #1110-00174-0000; . . . Council Minutes REPORTS - 29 - December 15, 2003 THAT the by-law marked Schedule "A" to Report COD-048-03 be approved authorizing the Mayor and Municipal Clerk to execute the agreement be approved; and THAT the Director of Engineering Services enter into negotiations with Halloway Holdings to recover all costs incurred on their behalf. "CARRIED" UNFINISHED BUSINESS Addendum to Report CSD-17-03 Resolution #C-600-03 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT the Addendum to Report CSD-17-03 be received; THAT recommendation #5 of Report CSD-17-03 be lifted from the table and approved as follows: "THAT By-law 2002-45 (being a by-law to establish a Board of Management to operate museums on its behalf- Clarington Museum Board) be amended to include a representative of the Newcastle Village and District Historical Society on the board as one of the eight voting members"; and THAT the amending by-law be approved; and THAT the Clarington Museums Board and Newcastle Village and District Historical Society be advised of the action taken. "CARRIED" . . . Council Minutes BY-LAWS - 30- December 15, 2003 Resolution #C-601-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-laws 2003-181 to 2003-198, inclusive and that the said by-laws be now read a first and second time: 2003-181 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 2003-182 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2003-183 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2003-184 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2003-185 being a by-law to require the payment of fees for information and services provided by the Municipality of Clarington and for prescribing the amount of such fees and to amend By-law 96-032, as amended 2003-186 being a by-law to initiate the study of the Bowmanville urban area as a Community Improvement Area 2003-187 being a by-law to authorize the execution of a Lease Agreement between the Corporation of the Municipality of Clarington and the Directors of Valleys 2000 (Bowmanville) 2003-188 being a by-law to establish the composition of the Clarington Public Library Board and to repeal By-law 85-85 2003-189 being a by-law to appoint a Municipal Law Enforcement Officer to enforce various municipal by-laws . . . Council Minutes BY-LAWS - 31 - December 15, 2003 2003-190 being a by-law to appoint an individual as a Parking Enforcement Officer 2003-191 being a by-law to appoint an individual as a Parking Enforcement Officers for Private Property 2003-192 being a by-law to appoint certain employees as agents of the Municipality for the purposes of enforcing the provisions of the Trespass to Property Act 2003-193 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Dagmar Construction Inc., Markham, Ontario, to enter into an agreement for the Longworth Avenue Extension additional works 2003-194 being a by-law to authorize the execution of nominations to the Veridian Board of Directors for the years 2004 to 2006 2003-195 being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and IPlanCorp for the purposes of the GeoSmart programme implementation to facilitate the further development of the Geographic Information System (GIS) and web-base applications 2003-196 being a by-law to amend By-law 2002-045, being a by-law to establish the Board of Management to operate Museums on its behalf - Clarington Museum Board 2003-197 being a by-law to authorize the transfer of Part 1, 40R-20954, 1740 Highway No.2, Part Lot 29, Concession 2, former Township of Darlington from the Regional Municipality of Durham to the Municipality of Clarington . Council Minutes BY-LAWS . OTHER BUSINESS . D-16 - 32- December 15, 2003 2003-198 being a by-law to authorize the Easement Agreement between the Corporation of the Municipality of Clarington and Hydro One Networks Inc., in respect to granting an easement over Part 1, 40R-20954, identified as Part 1, 40R-21944, Part Lot 29, Concession 2, former Township of Darlington, for the purpose of maintaining their Hydro service "CARRIED" Resolution #C-602-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2003-181 to 2003-198, inclusive, be approved. "CARRIED" Resolution #C-603-03 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting be "closed" to address legal matters. "CARRIED" Kenneth J. McGill, President, Port Darlington Harbour Company, requesting Council to properly honour their obligations in connection with the costs of dredging Soper Creek. The need to again dredge the entrance to Soper Creek has arisen and again he is formally requesting the municipality contribute its share of the cost thereof. Failing such contribution, Mr. McGill is expecting that the municipality not anticipate continued access to Soper Creek for public use. . . . Council Minutes OTHER BUSINESS Report #1 Item 20 - 33 - December 15, 2003 Resolution #C-604-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D-16 be referred to the Solicitorfor a direct response. "CARRIED" Resolution #C-605-03 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Report COD-044-03 (Request for Proposal RFP-2003-14, Printing Requirements) be tabled to the first meeting in January. CONFIRMING BY-LAW "CARRIED" Councillor Schell disclosed a pecuniary interest earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-606-03 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2003-199 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 15th day of December 2003, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-607 -03 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2003-199 be approved. "CARRIED" . . . Council Minutes ADJOURNMENT - 34- December 15, 2003 Resolution #C-608-03 Moved by Councillor Schell, seconded by Councillor Pingle THAT the meeting adjourn at 8:20 p.m. "CARRIED"