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HomeMy WebLinkAbout06/27/2005 Council Meeting Minutes June 27, 2005 Minutes of a regular meeting of Council held on June 27,2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Acting Chief Administrative Officer, M. Marano Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana (attended until 9:55 p.m.) Director of Planning Services, D. Crome Parks Supervisor, Operations Department, B. Genosko (attended until 9:07 p.m.) Solicitor, D. Hefferon Director of Operations, F. Horvath (attended the meeting at 8:00 p.m. until 9:55 p.m.) Director of FinancelTreasurer, N. Taylor (attended until 9:55 p.m.) Director of Emergency Services, G. Weir (attended until 9:55 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 9:55 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-318-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on June 13, 2005, be approved. "CARRIED" Council Meeting Minutes -2- June 27, 2005 PRESENTATIONS Mayor Mutton presented plaques for the "4th Annual Awards of Academic Excellence" to graduating students that have demonstrated academic excellence and a commitment to leadership and community service. It was Mayor Mutton's pleasure to recognize the following students from the schools in the Municipality of Clarington: Emily Leonard, Ontario Street Public School Samantha Beech, M.J. Hobbs Public School Radha Patel, Dr. Emily Stowe Public School Emily Kramer, Dr. G.J. McGillvary Logan Seymour, Waverley Public School Jennifer Young, Courtice North Public School Soo Kim, Harold Longworth Public School Jocelyn Kaldeway, Knox Christian School Katie Svetec, Monseignor Leo Cleary Taylor Farrell, St. Francis of Assisi School Hayley Koene, St. Joseph's Elementary School The following Awards of Excellence were presented to these Secondary School Students: Sarah Dykeman, Bowmanville High School MallorieMallone.St. Stephen's Secondary School Sean Higgins, Holy Trinity Catholic Secondary School Sarah Taylor, Durham Christian High School The following students could not be present due to family commitments and conflicting schedules with their school graduation ceremonies and have already received their award: Dylan Palmer, Clarke High School Hayley Knapp, Courtice Secondary School Madison Stange, Lydia Trulls Public School Courtney Burgess, Dr. Ross Tilley Shawn Lowe, The Pines Senior Public School Chris Dupuis, Bowmanville Senior Public School Jeff McCrone, John M. James Public School Lindsay Taylor, S.T. Worden Public School Nicole Flood, Mother Teresa Michaela Kim, St. Elizabeth's Elementary School Linda Vandersanden, Good Shepherd Elementary School Christopher Wakelin, St. Stephen's Elementary School Council Meeting Minutes -3- June 27, 2005 PRESENTATIONS Mayor Mutton introduced and presented a certificate to Quinn Cryderman, Mayor for a Day. Mr. Cryderman has attended various meetings on the following topics: . Library Services in Newcastle; . Recreation Facility in Newcastle; and . Grand Opening of the Police Station/Fire Hall in Courtice. Mayor Mutton presented Aaron Joseph Jones the Certificate of Commendation on behalf of Her Excellency The Right Honourable Adrienne Clarkson, Governor General. This certificate is issued to those who have made a significant contribution by providing assistance to another person in a selfless manner. Mr. Jones is being recognized for his actions following an incident near Highway 401. On July 13, 2004, Mr. Jones rescued a woman who was trapped inside an overturned car following a motor vehicle collision. When the engine caught fire, Mr. Jones quickly crawled through the rear driver side door, undid the victim's seatbelt, reclined the driver's seat and helped the woman out of the vehicle while others came to help. Mayor Mutton presented AI Strike the 2005 Senior of the Year Award. Mr. Strike achievements include the following: . 50+ years member of Bowmanville Rotary Club and a very active participant in all facets of Rotary, including Past President; . Founding member of Durham College and a member of its Board of Directors for many years; . Member of Trillium Grant Foundation and instrumental in assisting several grant applications within Clarington; . Member and Vice-Chair of Skate '88 fundraising committee for Garnet B. Rickard Centre which raised some $1.3 million; . Member of SPLASH fundraising committee for the swimming pool in Bowmanville; . Active member of the Bowmanville BIA and an enthusiastic participant in the revitalization of downtown Bowmanville; . Instrumental in negotiating a cash payment for the new west-end development to enhance the Bowmanville downtown; . Builds a neighbourhood skating rink for the neighbourhood children every winter; . Actively involved in education at all levels and has for many years chaired the Rotary high school scholarship selection committee for eight local $1000.00 recipients; and . An avid supporter and committee member of Valleys 2000, enhancing the trails and natural features of Bowmanville and Soper Creeks in Bowmanville Council Meeting Minutes -4- June 27, 2005 PRESENTATIONS Mayor Mutton presented plaques to the following individuals for their contributions toward the 5th Annual Family Safety Day: Andre Foo, Manager, Kelseys Restaurant, Bowmanville Inspector Bill Temple and Staff Sergeant Pat Sayer, Durham Regional Police Services Vanessa Hughes, Manager, Darlington Nuclear Public Affairs and Beverly Forget, Public Affairs, Ontario Power Generation PUBLIC MEETING (a) Subject: Applicant: Report: Commercial Policy Review, General Amendment to Zoning By-law 84-63 and the Rezoning of Certain Properties in the Bowmanville West Town Centre Municipality of Clarington PSD-096-05 David Crome, Director of Planning Services, provided Council with a powerpoint presentation highlighting the following: . Bowmanville West Main Central Area; . Zoning By-law Revisions Implement Proposed Amendment 44; . General Provisions; . Large Format Commercial Zone (C8); . Articulation of Facades; . Modulation of Roof Line; . Glazing; . Setbacks; . Other Regulations; . Street Related Commercial Zone (C9); . West Diamond/Players Lands; . Halloway Holdings Land; . Clarington Centre Lands; . Canadian Tire Lands; and . Locke Lands. Stan Stein, Osler, Hoskin & Harcourt, noted opposition to the application. Robert Howe, West Diamond Properties Inc., advised that he generally supports the recommendations contained in Report PSD-096-05. He is requesting the opportunity to meet with staff to discuss any issues. Council Meeting Minutes -5- June 27, 2005 DELEGATIONS Resolution #C-319-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Brent Clarkson and Robert Howe be added to the list of delegations. "CARRIED" Keith Kelly, appeared before Council requesting the installation of audio street lights at Liberty and King Streets, Bowmanville. Mr. Kelly advised Council that he has lived in Bowmanville for approximately 49 years and that he lost his sight in 1999. He noted that there are 84 registered people with the Canadian National Institute for the Blind in Bowmanville and that it is very difficult to get across this section of highway. He also advised that the sidewalks located in Bowmanville are in need of repair and that Council should govern the height of trees and bushes in close proximity to the sidewalk. David Kelly appeared before Council representing the Clarington Accessibility Advisory Committee regarding the Addendum to Report EGD-021-05. Mr. Kelly advised that the Committee supports moving the accessible parking spots from Temperance Street to Church Street but disagrees with the recommendations contained in Addendum to Report EGD-021-05. He advised that Clarington is an aging population and removing accessible parking is a step backwards. Brent Clarkson appeared before Council representing Home Depot with respect to Reports PSD-077 -05 and PSD-078-05. Mr. Clarkson advised Council that when he made his presentation two weeks ago he made a commitment to build a different visual style of building. This was very well received by Council and the press. He noted that he has met with staff of the Planning Services Department and most of the concerns raised have been resolved but he does have concerns with respect to the rezoning and the implementation of the Urban Design Policy ie., percentage of walls to be glazed, articulation of the roof top, etc. Mr. Clarkson feels that if Council insists on these issues Home Depot will not be able to erect the building they were planning to. Robert Hann, Valiant Property Management, appeared before Council pertaining to the proposed Home Depot. Mr. Hann has agreed to use complementary colours, provide a walkway, a parkette, benches, bicycle racks, trash receptacles and naturalization of the islands in the parking lot. Mr. Hann noted, however, that what the municipality is now requesting will end up costing the consumer in the long run. Council Meeting Minutes -6- June 27, 2005 DELEGATIONS Lynda Townsend Renaud, Lynda Townsend Renaud Law Office, circulated documentation outlining key points pertaining to Report PSD-078-05. She is requesting Council to direct staff to bring forward an amended OPA 44 to a special meeting of Council to be held no later than July 15, 2005. Lillian Bouma, appeared before Council regarding Addendum to Report PSD-078-05. Ms. Bouma advised that she has been living to the north of the proposed area for three years. She noted that she has made several improvements to her home and she is concerned with the value of their property decreasing and having issues with their water supply should the development be approved. Ms. Bouma is also concerned that the area will become busier and noisy and that she will not be happy living in the backyard of a big box store. Tenzin Gyaltsan, Newcastle IGA, submitted a letter stating that as a local merchant in Newcastle, he is urging Council to accept the conclusions of Report PSD-097 -05 and deny the applications submitted by A YT Corporation. Ron Hooper, Bowmanville BIA, appeared before Council with respect to Report PSD-097 -05. He advised that his business has been in the downtown core for 60 years and that his position is not going to change. He stated that when the population is in place, then and only then, should retail space be developed so everyone can benefit. Eileen Costello, Aird & Berlis LLP, was present but did not speak. Mark Frayne, Counsel and Vice-President, Holburn Biomedical Corporation, appeared before Council with respect to Report PSD-097 -05 and advised that his company owns the property to the north of the A YT proposed applications. He noted that the Holburn lands are near completion of the first phase of development. Mr. Frayne submitted a letter dated June 22,2005, which notes that the AYT application does not conform, does not meet objectives and is not consistent with policies. Terry Price, appeared before Council regarding Report PSD-097 -05. He advised that he owns the farm to the west of the proposed development and that he is concern that the spring located in the woods to the east would be destroyed and that a large amount of trees would be cut. Ernest Burnie on behalf of Wilmot Creek, advised prior to the meeting that he would not be in attendance. Council Meeting Minutes -7- June 27, 2005 DELEGATIONS Stan Stein, Osler, Hoskin & Harcourt LLP, circulated correspondence on behalf of his clients Zellers Inc. with respect to Reports PSD-077 -05 and PSD-078-05. Mr. Stein advised that the development of a Wal-Mart will have severe impacts on both Zellers and the existing downtown. He is suggesting a far more conservative approach to department store expansion based on more reasonable assumptions relating to Wal- Mart sales levels, recapturing of sales and inflow to ensure continued viability of Zellers and the existing downtown area. Ira Kagan, Kagan Shastri, appeared before Council on behalf of AYT Corporation regarding Reports PSD-097 -05, PSD-078-05 and PSD-077 -05. He noted that it is important to his client's application that the Commercial Policy Review and the A YT Corporation proposal be dealt with at the same time. Mr. Kagan advised that his clients have never appealed their application to the Ontario Municipal Board and that they hope that Council will make the right decision in approving their proposal. This area would become the eastern gateway to Bowmanville. He noted that they are willing to meet with staff to achieve approval of this site ie., phasing policy tied to population. Steve Kay, appeared before Council regarding Report PSD-080-05. Mr. Kay advised that he purchased the property adjoining the land under review in 2003. His concern is that the elevation of his property is approximately 10 feet below the property to be developed and he requested that, if the grade of land can only be partially lowered, the house to be built be a single level home. He is also requesting Council to recommend that the subdivision plan be amended to include 5% of the land be dedicated for a parkette. Durham HomeBuilders Association, was called but was not present. Brian O'Connor, was called but was not present. Robert Howe, Goodmans Law Office, appeared before Council representing West Diamond Properties Inc.lPlayers Business Park Limited regarding Reports PSD-077 -05 and PSD-078-05. Mr. Howe is requesting Council to direct staff to report to the Special Council meeting scheduled for July 15, 2005, to allow time for consideration of outstanding issues. Resolution #C-320-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 9:17 p.m. Council Meeting Minutes -8- June 27, 2005 COMMUNICATIONS Resolution #C-321-05 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda. I - 1 C10.MO 1-2 E08.GE 1-3 C06.NE 1-4 C06.TY 1-5 C06. LO 1-6 L 11. GE 1-7 L 11. GE "CARRIED" Kim Coates, Clerk, Township of Scugog, advising Council that the Township of Scugog received Clarington's correspondence dated May 10, 2005, regarding Mosport International Raceway as the preferred Canadian Site for the NASCAR series expansion for information purposes only as they had previously endorsed the Regional resolution. Garry Pringle, Environmental Specialist, Ontario Reality Corporation, advising Council that the Ontario Realty Corporation will commence with the installation of a soil and groundwater treatment system at the 150 Princess Street, Orono, property once a Certificate of Approval has been issued by the Ministry of Environment. Minutes of the Newcastle Community Hall Board meeting dated May 17, 2005. Minutes of the Tyrone Community Centre meeting dated May 7,2005. Minutes of the Local Architectural Conservation Advisory Committee meeting dated May 17, 2005. Ministry of Municipal Affairs and Housing, advising Council that Dr. Lilian Ma has been appointed as the Chair of the Ontario Rental Housing Tribunal. Ministry of Municipal Affairs and Housing, advising Council that legislation has been passed to set out a fairer and more balanced composition for Peel Regional Council. The act increases the number and distribution of seats on Peel Council to better reflect the current population distribution of Peel Region. Council Meeting Minutes -9- June 27, 2005 COMMUNICATIONS 1-8 L 11. GE 1-9 C06.HW 1-10 C06.PH I - 11 A01. FE 1-12 A01. KA 1-13 C10.MO Ministry of Municipal Affairs and Housing, advising Council that legislation has been passed that recognizes the Memorandum of Understanding (MOU) between the province and the Association of Municipalities of Ontario (AMO). The Municipal Amendment Act, 2005, formalizes its memorandum of understanding with AMO, which provides for consultation on legislation, regulations and government decisions that affect municipalities. The MOU was renewed last August, and strengthened through the addition of a protocol for consultants with AMO on Canada-Ontario negotiations on matters that have a direct municipal impact. Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated June 14, 2005. Minutes of the Physician Recruitment Committee Meeting dated May 26, 2005. Michael Coleman, President, Federation of Canadian Municipalities, advising Council that the New Deal for cities and communities continues to roll out across the country with two agreements in Ontario. The first distributes $1.87 billion in federal gas tax revenue in Ontario, which joins British Columbia, Alberta and Yukon. The second commits up to $310 million over the next two years for public transit in Ontario. Ian Macnab, Chief Administrative Officer, Kawartha Conservation, providing Council with a copy of their 2004 Annual Report. M. de Rond, Director of Legislative and Information Services/Town Clerk, Town of Ajax, advising the Region of Durham that the Town of Ajax on June 13, 2005, passed the following resolution: "THAT the Town of Ajax endorse the resolution dated June 7,2005, from Mr. Colm and that the Regional Municipality of Durham be so advised." Mr. Colm is requesting that during the next Municipal Elections the following question be placed on the ballot in all eight municipalities within the Regional Municipality of Durham: Council Meeting Minutes -10- June 27, 2005 COMMUNICATIONS 1-14 L01.0M 1-15 L 11. GE 1-16 L 11. GE "WHEREAS the Head of Council in two (2) of the six (6) Regional Municipalities in the Province of Ontario is already elected by general vote, and a Private Member's bill dealing with Niagara Region, is in front of the Legislature, do you agree that the Head of Council for the Regional Municipality of Durham shall be elected by general vote in accordance with the Municipal Election Act, 1996." "Yes or No" Marie Hubbard, Chair, Ontario Municipal Board, providing Council with a copy of the 2003-2004 Ontario Municipal Board and Board of Negotiation Annual Report. Ministry of Municipal Affairs and Housing, advising Council that an agreement has been signed that will see Ontario's municipalities receive over $1.8 billion in new funding from federal gas taxes. This four-way agreement between federal and provincial governments, the City of Toronto and the Association of Ontario Municipalities will see Ontario's municipalities receive more than $223 million in 2005-2006, the first year of the five-year agreement. This funding complements the $680 million in provincial gas tax revenues that will be allocated to Ontario municipalities over the next three years. Ministry of Municipal Affairs and Housing, advising Council that the new Greenbelt Foundation will help preserve the natural heritage, protect prime agricultural land and support the many recreational opportunities in the Greater Golden Horseshoe. The McGunity government's Greenbelt Act, 2005 and Greenbelt Plan permanently protect 1.8 million acres around the Golden Horseshoe. The Greenbelt: . Protects thousands of acres of prime agricultural lands and tender fruit lands so farmers can continue to grow the foods we eat closer to home . Preserves our watersheds, rivers and forests to protect the water we drink and the air we breathe . Promotes recreation, sports and tourism by encouraging the development of a trail system, open spaces and parklands . Curbs sprawl by setting strict limits on where urban growth can expand. Council Meeting Minutes -11- June 27, 2005 COMMUNICATIONS I - 17 P10.GE 1-18 C10.MO 1-19 E06.GE 1-20 L 11. GE P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on June 15, 2005, passed the following resolution regarding Building Permit Activity - January to March, 2005: "a) THAT Report #2005-P-51 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2005-P-51 of the Commissioner of Planning be forwarded to the area municipalities." P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on June 15, 2005, passed the following resolution: "a) THAT Report #2005-P-50 of the Commissioner of Planning be received for information; b) THAT the Greenbelt Plan approach to agricultural designations be implemented through the Regional Official Plan Review; and c) THAT a copy of Report #2005-P-50 of the Commissioner of Planning be forwarded to the area municipalities in Durham." Marika Hare, General Manager, Central Region Operations, Enbridge, providing Council with a copy of enLink, Enbridge Gas Distribution's newsletter focused on the municipal level of government. Trinity United Church provided a copy of correspondence to John O'Toole, MPP, outlining their concerns with the amendment to the Ontario Heritage Act and its impact on churches. CORRESPONDENCE FOR DIRECTION Resolution #C-322-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 7 to D - 14, inclusive. "CARRIED" Council Meeting Minutes -12- June 27, 2005 COMMUNICATIONS D - 1 M02. GE D-2 D09 D14 D-3 M02. GE D-4 M02. GE David Climenhage, President, Great Canadian Town Band Festival, requesting permission to close Church Street along the length of the Orono Library on Saturday, July 9th from 8:30 a.m. until 5:00 p.m. for the Canadian Town Band Festival Event. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Petition contained approximately 577 signatures opposing the development of a Wal-Mart in Bowmanville. (Correspondence referred to the Director of Planning Services) Councillor Gord Robinson, Council Liaison, Orono BIA, requesting permission to close Main Street and Park Street in Orono for the Orono Chili Cook Off. The date of the event is Saturday, September 24, 2005, from 8:00 a.m. to 4:00 p.m. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) The Honourable Dr. Marie Bountrogianni, Minister of Citizenship and Immigration, announcing the 2005 call for nominations for the Ontario Medal for Good Citizenship. Established in 1973, the Ontario Medal for Good Citizenship recognizes and encourages the virtues of good citizenship by honouring Ontarians who have made outstanding contributions through exceptional long-term effort. Among the past recipients of this award are a woman who has worked for more than 20 years to help end violence against women and children; a leader in the development of Ontario Agencies Supporting Individuals with Special Needs; and an artist who has donated more than $200,000 in proceeds from the sale of her work to a local chapter of the Multiple Sclerosis Society. The deadline for receiving nominations is August 5, 2005. (Correspondence referred to the Municipal Clerk to place an advertisement in the local newspapers) Council Meeting Minutes -13- June 27, 2005 COMMUNICATIONS D-5 M02. GE D-6 T05.HW The Honourable John Gerresten, Minister Responsible for Seniors, inviting participation in the 2005 Senior Achievement Awards to honour one outstanding local senior. Recipients are individuals who, after age 65, have enriched the social, cultural or civic life of the community, without thought of personal or financial gain. The deadline for nominations is August 5, 2005. (Correspondence referred to the Municipal Clerk to place an advertisement in the local newspapers) Local Architectural Conservation Advisory Committee, advising Council that on June 21, 2005, they passed the following resolution: "WHEREAS the corridors for the future Highway 407 and the interconnecting freeways with Highway 407 include heritage structures which would be demolished without alternatives for relocating such structures; WHEREAS heritage structures located in industrial areas are often demolished due to lack of feasible relocation alternatives; WHEREAS severance policies of the Durham Regional Official Plan permit rural severances only for the purpose of farm retirement lots or for dwellings rendered surplus as the result of farm consolidation; WHEREAS preserving Ontario's heritage structures threatened due to major transportation corridors or industrial development would be a desirable public objective; and WHEREAS appropriate conditions could be determined to ensure that the relocation of heritage structures would not detrimentally impact agricultural activity or fragment agricultural lands; THEREFORE BE IT RESOLVED that the Region of Durham Planning Department be requested to examine the feasibility of providing for the severance of non-agricultural rural parcels to accommodate the relocation of threatened heritage structures deemed to have cultural heritage value or interest by the Local Architectural Conservation Advisory Committee (LACACs); and THAT a copy of the resolution be forwarded to other area municipalities and LACACs within Durham Region." (Correspondence referred to the Region of Durham) Council Meeting Minutes -14- June 27, 2005 COMMUNICATIONS D-7 P01. GE Association of Municipalities of Ontario, advising Council that the Ministry of Municipal Affairs and Housing (MAH) released a report on Line Fences Act. Section 20 of the Line Fences Act makes municipalities who have purchased federal or provincial railway lines in their entire width responsible for "constructing, keeping up and repairing the fences that mark the lateral boundaries." Although the Line Fences Act permits municipalities to write by-laws setting out the fees, procedures and details of fences provided under the Line Fences Act for disputes between neighbours, the Municipal Act, s. 98, specifically prohibits a by-law that sets out the same for railway lands. These rules mean that the municipality must absorb all costs related to maintaining existing fences that existed to protect property owners from active railways, and recent court rulings have interpreted the legislation to require new fences where none existed before. While there may be some necessary protection from damage to agricultural properties from trail uses on former railway lands, it is unclear why the municipality should pay 100% of the costs for a fence that was not necessary while an active railway line existed. The Ministry will receive comments on this matter until July 29, 2005. Resolution #C-323-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 7 be referred to the Municipal Clerk's Department for report. D-8 C10.MO "CARRIED" D. Gilchrist, Supervisor, Legislated Services, City of Kitchener, advising Council that the City of Kitchener, on May 30, 2005, passed the following resolution: "WHEREAS Section 28 of the Ontario Planning Act allows only 'local municipalities' to provide grants and loans to property owners and assignees for community improvement purposes; and WHEREAS 'local municipality' has been defined by The Municipal Act to mean the local area municipalities where situated within a Two-Tier Governance system, such as those within the Regions of Waterloo, Niagara, Halton, Peel York, Durham, and Muskoka; and Council Meeting Minutes -15- June 27, 2005 COMMUNICATIONS WHEREAS this definition prevents the regional tier, that is the Regional Municipality, from participating financially in community improvement undertakings, despite the fact that the regional tier receives the majority share of local property taxes; and WHEREAS this situation puts local area municipalities at a distinct disadvantage when competing for investment with one-tier municipalities; NOW THEREFORE BE IT RESOLVED, that the Council of Corporation of the City of Kitchener requests the Minister of Municipal Affairs and Housing to expeditiously revise the appropriate Provincial Legislation to allow all regional tier municipalities to participate in community improvement activities; AND BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, all local area and regional municipalities in Waterloo, Niagara, Halton, Peel, York, Durham, and Muskoka Regions, and their respective MPPs." Resolution #C-324-05 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the resolution from the City of Kitchener regarding Community Improvement Activities be endorsed by the Council of the Municipality of Clarington. "CARRIED" D-9 E08.GE Andre Belanger, Mayor, The Corporation of the Town of Cobalt, writing to The Honourable Dalton McGuinty, advising that the Town of Cobalt on May 10, 2005, passed the following resolution: "WHEREAS the Corporation of the Town of Cobalt has recently received a copy of the Drinking Water Inspection Report, Provincial Officer's Order and the Provincial Officer's Report as prepared by the Ministry of Environment Inspector, North Bay Area Office for the Cobalt Water Treatment Facility; AND WHEREAS the Council of the Town of Cobalt could not reach a beneficial or financially feasible agreement with our former operator the Ontario Clean Water Agency; Council Meeting Minutes -16- June 27, 2005 COMMUNICATIONS AND WHEREAS the Council of the Town of Cobalt as a result of those failed negotiations has decided that the Town of Cobalt would operate the facility; AND WHEREAS the Council of the Town of Cobalt believes that we are exercising due diligence in the operation of the Cobalt Water Treatment Facility by training our own employees under the Ministry of Environment regulations and requirements to operate the Cobalt Water Treatment Facility in accordance with Certificate of Approval No. 8765-5W4SDK; AND WHEREAS the Council of the Town of Cobalt believes that the regulatory requirements currently being enforced by the Ministry of Environment are detrimental and place undue financial hardships on small municipalities and, in the case of Cobalt, do not significantly improve the quality of our drinking water; AND WHEREAS many of the existing regulations are making it difficult for the Town of Cobalt to meet the paper requirements of the Ministry of Environment while not having any adverse impacts on the quality of the water produced at the Cobalt Water Treatment Facility; AND WHEREAS the Council of the Town of Cobalt believes that the residents in many northern and small rural municipalities would be better served if the Ministry of Environment would take a cooperative approach and work with these municipalities utilizing the expertise of the MOE in offering potential solutions and overseeing the operations of Water Treatment Facilities in northern and small rural municipalities as opposed to issuing orders without potential solutions and levying fines that ultimately come from the taxpayer who is already overburdened; AND WHEREAS municipalities as a result of these orders and fines are forced to hire engineers and consultants to provide solutions that place a further burden and hardship on the local taxpayer; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Cobalt hereby petitions the Province of Ontario and the Ministry of Environment to change the focus of the Ministry's reporting and regulatory requirements from one of enforcement and penalizing municipalities to a regulatory system that would allow municipalities to benefit from and utilize the expertise and cooperation of the Ministry of Environment; Council Meeting Minutes -17- June 27, 2005 COMMUNICATIONS AND FURTHER THAT a copy of this resolution be forwarded to the Honourable Dalton McGuinty Premier of Ontario, the Honourable Leona Dombrowsky, Minister of Environment, the Honourable David Ramsay, Minister of Natural Resources and MPP Timiskaming-Cochrane, the Honourable Rick Bartolucci, Minister of Northern Development and Mines and to the Association of Municipalities of Ontario for circulation to all Municipalities for their support." Resolution #C-325-05 Moved by Councillor Trim, seconded by Councillor Pingle THAT the resolution from the Town of Cobalt regarding the Cobalt Water Treatment Facility be endorsed by the Council of the Municipality of Clarington. D - 10 F11.GE "CARRIED" Jeff Carter, requesting financial assistance to attend the Canada World Youth International Educational Program (CWY). Mr. Carter, who grew up in Newcastle, has been chosen to participate in the Alberta/Guatemala program, which will start in the summer of 2005 for a six to seven month period. CWY is a non-profit, non-governmental organization. Since its creation more than 30 years ago, 22,000 young people between the ages of 17 and 29 have had the opportunity to live and work as volunteers in communities in Canada and overseas. Mr. Carter is also requesting articles such as pins and flags representing Clarington that he could distribute during the program. Resolution #C-326-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Mr. Carter be advised of the Municipal Grant Policy; and THAT his request for pins and flags be referred to the Corporate Services Department. D - 11 C10.MO "CARRIED" Carolyn Downs, City Clerk, City of Kingston, advising Council that the City of Kingston on May 3,2005, passed the following resolution: "WHEREAS Dental Care Services are an important component of physical health, personal well being and affect social acceptance and employability; and Council Meeting Minutes -18- June 27, 2005 COMMUNICATIONS WHEREAS many residents of Ontario do not have adequate Dental Care Services as part of their employment benefits, and; WHEREAS persons working in low wage positions are in receipt of social assistance payments but may have thousands of dollars in dental costs or many decline dental treatment due to cost issues; and WHEREAS persons on social assistance (Ontario Works and ODSP) have partial access to Dental Care Services based on discretionary decision making; THEREFORE BE IT RESOLVED THAT the City of Kingston supports the actions of the Council of Lennox & Addington and that the Province of Ontario be requested to develop a fair and consistent dental care program to be targeted at lower-wage working Ontarians, with eligibility for this program to be based on graduated payments and eligibility determined by commonly used criteria, such as the GST Rebate and/or NCB Eligibility, and that this supplementary dental program be funded through the Ontario Health Tax; AND FURTHER THAT a copy of this resolution be forwarded to all municipalities on our standard mailing list; the Federation of Canadian Municipalities; the Honourable John Gerretsen MPP; the Honourable Dalton McGunity, Premier of Ontario; the Honourable Peter Milliken, MP; the Honourable Ujjal Dosanjh, Minister of Health; and the Right Honourable Paul Martin, Prime Minister of Canada." Resolution #C-327 -05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D - 11 be received for information. "CARRIED" D - 12 E05.GE Michael Power, President, Northwestern Ontario Municipal Association, requesting Council to partner with them in helping the Ontario Government to invest in the future of all of our communities by immediately implementing the Minister's Council on Forest Sector Competitiveness Report in its entirely, and in the manner in which it was outlined by the Minister's Council. Council Meeting Minutes -19- June 27, 2005 COMMUNICATIONS The Minister's Council on Forest Sector Competitiveness was established to provide a set of recommendations that will act as a road map for the government of Ontario and the Ministry of Natural Resources in particular, for the development of strategies to address the current challenges both immediately and over the long term. The production of the report was a collaborative effort between individuals representing the forest industry, labour, First Nations, the environmental community, municipalities and also included independent experts. The formation of the Minister's Council is explicit recognition on the part of government that change is needed to ensure the viability of the industry. The report identifies the root causes of the industry's decline in Ontario and recommends a multi-pronged strategy to assist the province's forestry sector in regaining its competitive footing. Resolution #C-328-05 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item D - 12 be received for information. "CARRIED" D - 13 C10.MO Mary Masse, Deputy Clerk, The Corporation of the Town of Lakeshore, advising Council that the Town of Lakeshore on June 14, 2005, passed the following resolution: "WHEREAS the Province of Ontario has imposed certain regulations that impose greater restrictions on the rights of some private property owners than on others; WHEREAS the regulations affect the net worth and market value of property, without compensation to the owner; WHEREAS there needs to be consistency in the regulation for both the Provincial Policy Statement and the Planning Act; WHEREAS municipalities and private property owners have had insufficient input into the planning process and regulations imposed; WHEREAS the newly imposed regulations will require increased consultation between the municipality and the Ministry of Municipal Affairs; WHEREAS the Ministry of Municipal Affairs has not committed additional resources for increased municipal consultation; Council Meeting Minutes -20- June 27, 2005 COMMUNICATIONS AND WHEREAS the Provincial Policy Statement is in conflict with local Planning documents; NOW THEREFORE BE IT RESOLVED THAT the Town of Lakeshore objects to unilateral decisions being made by the Province of Ontario and the effects they have on private property owners and efficient local planning; AND FURTHER THAT the Province consult with local municipalities prior to implementing land use regulations; AND FURTHER BE IT RESOLVED THAT this resolution be circulated to the Minister of Municipal Affairs, Member of Provincial Parliament, Bruce Crozier, MPP, AM.O., F.C.M. and all municipalities in the Province of Ontario requesting their support." Resolution #C-329-05 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 13 be received for information. "CARRIED" D - 14 P03.GE Gabrielle Bell, Events Coordinator, Newcastle Community Hall Board, requesting Council's approval to designate the Newcastle Village Community Hall as an emergency evacuation site for Newcastle Public School and YMCA Daycare. Resolution #C-330-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the request of the Newcastle Community Hall board to designate the hall as an emergency evacuation site for Newcastle Public School and YMCA Daycare be approved, subject to review by the Director of Emergency Services Department. "CARRIED" Council Meeting Minutes -21- June 27, 2005 NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - June 20, 2005 Resolution #C-331-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of June 20,2005, be approved with the exception of Item #27. "CARRIED" Report CSD-01 0-05 - Newcastle Recreation Facility Needs Assessment Resolution #C-332-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report COD-01 0-05 be received; THAT the Newcastle Recreation Facility Needs Assessment be received for information; THAT the Newcastle Recreation Facility Phase I components be approved, as: . leisure/Therapy Pool . Gymnasium . Program/Meeting Rooms; and THAT staff be authorized to proceed with the RFP for professional services for Phase I of the Newcastle Recreation Facility as identified. "CARRIED ON THE FOllOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster '-/ Councillor MacArthur '-/ Councillor Pingle '-/ Councillor Robinson '-/ Councillor Schell '-/ Councillor Trim '-/ Mayor Mutton '-/ Council Meeting Minutes -22- June 27, 2005 REPORTS Report #2 - Report COD-039-05 - Fair Wage Policy Resolution #C-333-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report COD-039-05 be received; THAT the Fair Wage Policy for the Municipality of Clarington, marked Schedule A attached to Report COD-039-05 be approved; THAT the Fair Wage policy apply only to ICI (Industrial, Commercial, Institutional) projects in cases where the estimated total budget exceeds one million dollars ($1,000,000.00); THAT staff be authorized to negotiate and enter into a standard form of agreement outlining services and costs with the City of Toronto or alternate auditing firm; and THAT staff report back to Council in June, 2006. "CARRIED" Report #3 - Report FND-009-05 - Clarington Older Adult Centre Resolution #C-334-05 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Report FND-009-05 be received; THAT Clarington Older Adult Centre Board be accepted as a Committee of Council; THAT Jim Schell and Don MacArthur, as members of Council be appointed as Council's liaison to the Clarington Older Adult Centre Board; THAT the Clarington Beech Centre Board be disbanded; and THAT the Clarington Older Adult Centre Board and the municipality's insurers be advised of Council's decision. "CARRIED" Council Meeting Minutes -23- June 27, 2005 REPORTS Report #4 - Report COD-038-05 - Co-operative Tender CL2005-9 Traffic Signs Resolution #C-335-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Report COD-038-05 be received; THAT staff be authorized to award Part A under the approved summer recess process pending completion of the vendor evaluation; THAT Mechanical Advertising, Oshawa, Ontario, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2005-9, be awarded Part B for the requirements of the Municipality of Clarington for the traffic signs; THAT Scugog Signs, Pontypool, Ontario, being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2005-9 be awarded Part E for the requirements of the Municipality of Clarington for traffic signs; THAT the contracts be extended for a second year, pending satisfactory service and pricing; and THAT the required funds be drawn from the respective year's budget allocation for Traffic and Street Signs. "CARRIED" Report #5 - Report COD-040-05 - CriSys Fire Dispatch System Upgrade Resolution #C-336-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report COD-040-05 be received; THAT a Purchase Order be issued to CriSys Limited in the amount of $42,013.00 for the software and hardware upgrade of the existing Fire Dispatch System; THAT the funds be provided from the Corporate Services Information Technology Computer account #110-16-162-81610-7401 as provided in the 2005 Corporate Services Capital Budget; THAT Purchasing By-law #94-129, Paragraph 5, Item 5.04 be waived for this transaction; and Council Meeting Minutes -24- June 27, 2005 REPORTS THAT the By-law marked Schedule "A" attached to Report COD-040-05 authorizing the Mayor and the Clerk to execute the necessary agreement be approved. "CARRIED" Report #6 - Report EGD-023-05 - Bowmanville Professional Building, Authorizing By-law for the Execution of a Servicing Agreement between Bowmanville Professional Building Inc. and the Corporation of the Municipality of Clarington Resolution #C-337 -05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report EGD-023-05 be received; THAT the By-law attached to Report EGD-023-05, authorizing the execution of a Servicing Agreement between Bowmanville Professional Building Inc. and The Corporation of the Municipality of Clarington be approved; and THAT the Mayor and Clerk be authorized to execute this agreement at such time as it has been prepared to the satisfaction of the Director of Engineering Services and the Municipality's Solicitor. "CARRIED" Report # 7 - Report OPD-011-03 - St. George's Cemetery, Newcastle Resolution #C-338-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report OPD-011-05 be received; THAT subject to the approval of the Ministry of Consumer and Business Services, the Municipality acquire title in fee simple and to assume all responsibilities related thereto for the St. George's Cemetery located at 2 Browview Road, Clarke; THAT the acquisition of the Cemetery and easements by the Municipality be subject to the Municipality being able to comply with all requirements of the Cemeteries Act; THAT a reference plan of survey satisfactory to the Municipality describing the areas of the Cemetery and any easements be prepared at no cost to the Municipality; Council Meeting Minutes -25- June 27, 2005 REPORTS THAT the Mayor and Clerk be authorized to execute on behalf of the Municipality all documents necessary to give effect to the above recommendations; and THAT the Municipality provide maintenance assistance to the Cemetery until the transfer is approved and complete. "CARRIED" Report #8 - Report OPD-013-05 - Addendum to Cemetery By-law #2005-067 Resolution #C-339-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Report OPD-013-05 be received; THAT the addendum to the original rates and fees as outlined on Schedule "A" of the by-law attached to Report OPD-013-05 (Attachment No.1) be approved; and THAT the by-law amendment be forwarded to the Ministry of Consumer and Business Services for approval. "CARRIED" Report #9 - Report PSD-094-05 - Amendment to By-law 2003-285, Application Fees - Planning and Development Applications Resolution #C-340-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report PSD-094-05 be received; and THAT the amendment to By-law 2003-158 attached to Report PSD-094-05, being a by-law to require the payment of fees for information and services provided by the Municipality of Clarington Planning Services Department, be approved as amended. "CARRIED" Council Meeting Minutes -26- June 27, 2005 REPORTS Report #10 - Report PSD-096-05 - Commercial Policy Review, General Amendment to Zoning By-law 84-63 and the Rezoning of Certain Properties in the Bowmanville West Town Centre Report #11 - Report PSD-097 -05 - Amendment for Light Industrial Polices to Permit the Development of a Retail Commercial and Restaurant Floorspace, Large Warehouse and Hotel and Convention Facility, AYT Corporation Unfinished - Report PSD-077-05 - Commercial Policy Review, Amendment 43 to the Business Clarington Official Plan Unfinished - Business Report PSD-078-05 - Bowmanville West Main Central Area Secondary Plan Review Amendment 44 to the Clarington Official Plan and Related Applications by Halloway Holdings Limited and West Diamond Properties Inc.lPlayers Business Park Limited Unfinished - Business Addendum to Report PSD-078-05 - Bowmanville West Main Central Area Secondary Plan Review Amendment 44 to the Clarington Official Plan and Related Applications by Halloway Holdings Limited and West Diamond Properties Inc.lPlayers Business Park Limited Resolution #C-341-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Reports PSD-077 -05, PSD-078-05, Addendum to PSD-078-05, PSD-096-05 and PSD-097 -05 be referred back to staff to enable negotiations with the development proponents with a report to be brought back to a Special Council Meeting on July 15, 2005; THAT we commitment to the support and maintenance of healthy, vibrant historic downtowns in Clarington; THAT the principle of linking new commercial floorspace to population growth be endorsed; THAT the principle that market, land use, urban design and transportation issues are linked with respect to the consideration of development applications in the Bowmanville West Town Centre be endorsed; THAT, provided market, land use, urban design and transportation issues can be satisfactorily resolved, we endorse in principle that major new retail growth should occur in the West Bowmanville Town Centre; Council Meeting Minutes -27- June 27, 2005 REPORTS THAT, with respect to roads, staff be instructed to negotiate appropriate arrangements with the development proponents for: a) the urbanization, signalization, provision of sidewalks, streetlighting and streetscaping for Durham Highway 2 and Green Road b) the acquisition and improvement of the following new public streets: . Boswell Drive . Brookhill Boulevard to Regional Road 57 . Uptown Avenue c) the provision for private roads with appropriate option agreements for their eventual transfer to the Municipality over the longer term; and d) any other road improvements necessary; THAT, with respect to the West Diamond Developments/Players Business Park site, staff be instructed to review and report on the following: a) suitable arrangements be made with respect to the public use facility; b) the request for the Phase I and Phase 2 Wal-Mart and Loblaw's Real Canadian Superstore and ancillary commercial space; c) enhanced building elevations for the Wal-Mart and Loblaw's Real Canadian Superstore building that meet the intent of the urban design guidelines; d) potential commitments to meet LEED standards of the Green Building Council of Canada specifically in the design of the large format stores; THAT, with respect to the Halloway Holdings site, staff be instructed to review and report on the following: a) provision for a Home Depot store in the General Commercial Area identified in the Proposed Secondary Plan consistent with the staff Demonstration Plan for the Halloway site; b) securing Home Depot's commitment to provide for a Clarington-specific store with enhanced elevations that meet the intent of the urban design guidelines, assurances that there would be no outdoor storage and display and meeting LEED standards established by the Green Building Council of Canada c) provision of Uptown Avenue, private roads and a publicly accessible square consistent with the staff Demonstration Plan; and THAT staff report back on all other matters of negotiation with West Diamond, Halloway and any other proponent in the Bowmanville West Town Centre with respect to modifications to the proposed Official Plan Amendments 43 and 44 and the proposed Zoning Amendment. "CARRIED" Council Meeting Minutes -28- June 27, 2005 REPORTS Report #12 - Report EGD-024-05 - Building Regulatory Changes - Impact of Building Code Statute Law Amendment Act and Ontario Regulation 305103 Resolution #C-342-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report EGD-24-05 be received; THAT the Building By-law be revised to reflect the changes necessitated by the Building Code Statute Law Amendment Act and the new provisions of the Building Code; THAT the Code of Conduct contained within the Building By-law be adopted as the Code of Conduct applicable for the Municipality of Clarington Chief Building Official and all Building Officials appointed to enforce the Building Code Act and the Building Code; THAT the Code of Conduct be posted on the Municipality's Website as constituting public notice of such; THAT the delegation of authority be given to the Chief Building Official to appoint Registered Code Agency(ies) for the undertaking of plan reviews and Building Code inspections in accordance with the Act; THAT the building permit fee structure as detailed in the new Building By-law be approved; THAT the delegation of authority be given to the Chief Building Official to enter into written agreements with respect to conditional permits under Section 8 (3)(c) of the Ontario Building Code Act; and THAT the delegation of authority be given to the Chief Building Official to prescribe additional forms required to confirm additional information from the applicant, which are not in conflict with the forms approved by the Minister of Municipal Affairs and Housing (MMAH). "CARRIED" Council Meeting Minutes -29- June 27, 2005 REPORTS Report #13 - Confidential Report EGD-025-05 - Property Matter Report #14 - Confidential Report PSD-098-05 - Property Matter Resolution #C-343-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Confidential Reports EGD-025-05 and PSD-098-05 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Addendum to Report PSD-079-05 - Bowmanville Community Improvement Plan Resolution #C-344-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the Addendum to Report PSD-079-05 be received; THAT the Bowmanville Community Improvement Plan, dated June 2005 be approved and that the necessary by-law be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-079-05 and Council's decision; THAT application be submitted to the Ministry of Municipal Affairs and Housing for approval of the Bowmanville Community Improvement Plan; THAT the Directors of Planning Services and Finance be delegated authority to accept any modifications by the Minister provided they are minor in nature, and do not effect the intent of the Community Improvement Plan; and THAT all interested parties listed in Report PSD-079-05 and any delegations be advised of Council's decision. "CARRIED' Council Meeting Minutes -30- June 27, 2005 UNFINISHED BUSINESS Addendum to Report EGD-021-05 - Accessible Parking Proposed Amendments to By-law 91-58 Resolution #C-345-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the Addendum to Report EGD-021-05 be received; THAT Report EGD-021-05 be received; THAT the request for an "on-street" accessible parking space at 100 King Street E., Bowmanville, fronting the MTO licensing office, be approved; THAT the "off-street" accessible parking supply be increased in the municipal parking lots as per standards proposed through the draft Zoning By-law as recommended by the Clarington Planning Department and details listed in Report EGD-021-05; THAT the two narrow "on-street" accessible parking spaces on Temperance St., South of Church St., be relocated to Church St. with the parking spaces fronting the Municipal Administrative Centre being converted to metered parking; THAT reception staff at the Municipal Administrative Centre provide the notice attached to Report EGD-021-05 as Attachment No.4, to courier and delivery drivers requiring them to use the Church St., loading zone and advising them of the new accessible parking spaces during an introductory period; THAT signs and pavement markings be applied to all new accessible parking locations; THAT all on-street accessible parking spaces be included in the Operations Department sidewalk snow clearing contract for removal of windrows along the length of the parking stall for full access to the sidewalk; THAT the by-law attached to Report EGD-021-05 be approved; and THAT the interested parties listed in Report EGD-021-05 be provided with a copy of the report and notified of Council's decision. "CARRIED" Council Meeting Minutes -31- June 27, 2005 OTHER BUSINESS Appointments to the Clarington Animal Advisory Committee, Clarington Traffic Management Advisory Committee and the Clarington Accessibility Advisory Committee Resolution #C-346-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Rhonda Hooper and John Sturdy be appointed to the Clarington Animal Advisory Committee; THAT Lisa Robinson be appointed to the Clarington Traffic Management Advisory Committee; and THAT Norman Hannan be appointed to the Clarington Accessibility Advisory Committee. "CARRIED" REGIONAL UPDATE No reports. BOARDS AND COMMITEES UPDATE Councillor Foster advised Council of the Kids in the Marsh, Friends of Second Marsh, Darlington Golf classic which will take place in September. He thanked Council on behalf of the Clarington Accessibility Advisory Committee for a successful Rick Hansen Wheels in Motion event. Councillor MacArthur advised Council that the Local Architectural Conservation Advisory Committee's inventory of heritage buildings is almost complete. Councillor Pingle advised Council that St. Marys had over 550 people attend their Open House. St. Marys has gone 1 year without exceeding the ground vibration regulations. $2.5 million has been spent on pavement at the Bowmanville plant. The Vice-President of St. Marys e-mailed all the plant managers of the success of the Open House and other cement plants have contacted the Bowmanville pant for help in setting up a Community Relations Committee. She noted that Tyrone Community Centre had a very successful Spirit Day and that this has been an annual event since 1981. The Centre has paid their loan in full to the municipality. The Ontario Power Generation have many activities planned for Tuesdays during the summer break. Council Meeting Minutes -32- June 27, 2005 OTHER BUSINESS Councillor Robinson advised Council on the success of the first Clarington Farmers' Market. There were 10 vendors that opened at 10:00 a.m. and they were all sold out by 1 :30 p.m. Approximately 500 people attended. Councillor Schell stated that the Bowmanville BIA had a very successful Sidewalk Sale this past weekend. Resolution #C-347 -05 Moved by Councillor Councillor Robinson, seconded by Councillor Schell THAT the Procedural By-law 95-55 be suspended to allow for the introduction of a new motion at this time. "CARRIED" Resolution #C-348-05 Moved by Councillor Robinson, seconded by Councillor Schell WHEREAS in the course of conducting municipal business, elected officials are required to use their personal vehicles to attend to many municipal functions, community and board meetings, visits to many residents, etc.; WHEREAS due to the immense geographical size of the municipality, the elected officials have accumulated very significant high mileage on their personal vehicles which adds to more wear and tear and faster than normal vehicle depreciation; WHEREAS the operating cost of a vehicle has increased significantly over the last few years primarily driven by the high fuel cost as well as costs related to maintenance and insurance; WHEREAS on average the Mayor, the Deputy Mayor and the Councillors have logged about 2,750, 1,750 and 1,200 kilometers per month respectively in using their personal vehicles for municipal businesses; WHEREAS the current rates of monthly travel allowance of $570, $278 and $228 for the Mayor, Deputy Mayor and a Councillor respectively fall short of covering both the capital and operating costs of using their personal vehicles for extensive municipal business usage; WHEREAS the principle of travel allowance used in both private and public sectors is to ensure an individual is fairly reimbursed for all costs incurred in the use of his/her personal vehicle for company's business; Council Meeting Minutes -33- June 27, 2005 OTHER BUSINESS WHEREAS the above principle is used in reimbursing the employees of the Municipality of Clarington at the current rate of .47 cents per kilometre travelled, and such principle should be extended to the elected officials to ensure consistency in its application; NOW THEREFORE, Council deems it necessary to adjust the current travel allowance and approves the following: 1. THAT the 2005 monthly rate of travel allowance be set at: Mayor Deputy Mayor Councillor $1,293 $ 823 $ 564 2. THAT the above rates be adjusted automatically upon future negotiated per kilometre travel rate between the Municipality and the CUPE employees; and 3. THAT the necessary by-law be passed. "CARRIED" Resolution #C-349-05 Moved by Councillor Pingle, seconded by Councillor Schell THAT the meeting be "closed" to consider Confidential Reports EGD-025-05 and PSD-098-05 both pertaining to property matters. "CARRIED" The meeting reconvened in "open" forum at 10:22 p.m. Resolution #C-350-05 Moved by Councillor Schell, seconded by Councillor Foster THAT the actions taken during the "closed" session of Council be ratified. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Meeting Minutes -34- June 27, 2005 OTHER BUSINESS Council Member Yes No Declaration of Pecuniary Interest Councillor Foster '-/ Councillor MacArthur '-/ Councillor Pingle '-/ Councillor Robinson '-/ Councillor Schell '-/ Councillor Trim '-/ Mayor Mutton '-/ BY-LAWS Resolution #C-351-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-108 and 2005-120 to 2005-145, inclusive and 2005-148 to 2005-155, inclusive and that the said by-laws be now read a first and second time: 2005-108 being a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 (the "Act") 2005-120 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Scugog Street Reconstruction, Bowmanville 2005-121 being a by-law to establish a Reserve Fund For Development Charges- Transit 2005-122 being a by-law to establish a Reserve Fund For Development Charges- Parking 2005-123 being a by-law to adopt Bowmanville Community Improvement Plan 2005-124 being a by-law to exempt certain portions of Registered Plan 702 from Part Lot Control (Frank Canonaco) 2005-125 being a by-law to exempt certain portions of Registered Plan 1 OM-831, from Part Lot Control (Syvan Developments Limited) Council Meeting Minutes -35- June 27, 2005 BY-LAWS 2005-126 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Road Land Corp.) 2005-127 being a by-law to amend Sign By-law 97-157, as amended of the Municipality of Clarington (Fairhaven Investments Inc.) 2005-128 being a by-law to exempt a certain portion of Registered Plan 40M-2066 from Part Lot Control (Orchard Park Estates (Bowmanville) Inc.) 2005-129 being a by-law to exempt a certain portion of Registered Plan 40M-2096 and a certain portion of Registered Plan 40M-2172 from Part Lot Control (Vermont Village Homes) 2005-130 being a by-law to exempt certain portions of Registered Plan 1 OM-2178, from Part Lot Control (1189286 Ontario Inc. (Gary Breda)) 2005-131 being a by-law to declare the lands more particularly described as Part 3 on Plan 40R-19115, Part Lots 23 and 24, Plan H-50077, Part Lot 9, Concession 2, former Town of Bowmanville, to be surplus 2005-132 being a by-law to declare the lands more particularly described as Part 4 on Plan 40R-22242, Part Lot 35, Concession 2, former Township of Darlington, to be surplus 2005-133 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1477677 Ontario Limited (Baywood Homes)) 2005-134 being a by-law to adopt Amendment No. 45 to the Clarington Official Plan (1477677 Ontario Limited (Baywood Homes)) 2005-135 being a by-law to repeal By-law 90-130 and replace it with a by-law to designate the Municipality of Clarington as a site plan control area, to define classes of development that may be undertaken without the approval of certain plans and drawings, and to delegate the approval authority to the Director of Planning Services and the Director of Engineering Services 2005-136 being a by-law to exempt certain portions of Registered Plan 10M-829 (Scott Push man) 2005-137 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington Council Meeting Minutes -36- June 27, 2005 BY-LAWS 2005-138 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Harnden & King Construction Inc., Ajax, Ontario, to enter into agreement for the Asphalt Resurfacing, Various Streets 2005-139 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Trisan Construction, Schomberg, Ontario, to enter into agreement for the Sidewalk Construction, Various Locations 2005-140 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Royalcrest Paving & Contracting Ltd., Markham, Ontario, to enter into agreement for the Soper Creek Recreational Trail, Bowmanville and Lion's Trail, Newcastle Paving 2005-141 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Crisys Limited, Markham, Ontario, to enter into agreement for the upgrade of software and hardware for the existing Fire Dispatch System 2005-142 being a by-law to authorize the execution of a Servicing Agreement between Bowmanville Professional Building Inc. and the Corporation of the Municipality of Clarington, pursuant to SPA 2004-034 2005-143 being a by-law to amend By-law 2005-067, a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington 2005-144 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 2003-185, as amended 2005-145 being a by-law to provide for the administration and enforcement of the Building Code act within the Municipality of Clarington 2005-148 being a by-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington 2005-149 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle Council Meeting Minutes -37- June 27, 2005 BY-LAWS 2005-150 being a by-law to authorize a Purchase Agreement between the Corporation of the Municipality of Clarington and Ridge Pine Park Inc., in respect to the purchase of part of Part 4 on Plan 40R-19004, Part Lot 4, Broken Front Concession, former Township of Darlington, as shown as Part 1 on the attached draft plan of survey 2005-151 being a by-law to authorize an Easement Agreement between the Corporation of the Municipality of Clarington and Ridge Pine Park Inc., in respect to granting a drainage easement over part of Part 4 on Plan 40R-19004, Part Lot 4, Broken Front Concession, former Township of Darlington, as shown on the attached draft plan of survey, for the purposes of storm water discharge 2005-152 being a by-law to declare Part X on Reference Plan 40R-XXXXX to be surplus 2005-153 being a by-law to declare Part X on Reference Plan 40R-XXXXX to be surplus 2005-154 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2005-155 being a by-law to amend By-law 2003-179, as amended, being a by-law respecting the annual allowance paid to the Mayor and Members of Council "CARRIED" Resolution #C-352-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-108 and 2005-120 to 2005-145, i ncl usive and 2005-158 to 2005-155 i ncl usive, be approved. "CARRIED" Council Meeting Minutes -38- June 27, 2005 '- CONFIRMING BY-LAW Resolution #C-353-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-156 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 27th day of June, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-354-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-156 be approved. "CARRIED" ADJOURNMENT "- Resolution #C-355-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 10:25 p.m. "CARRIED" cj/!7IUL MA 0 '\ '-