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HomeMy WebLinkAbout05/16/2005 . . . . Council Meeting Minutes May 16, 2005 Minutes of a regular meeting of Council held on May 16, 2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance, N. Taylor Fire Chief, Fire Services, G. Weir Administrative Assistant to the Clerk, H. Keyzers Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-242-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on May 2, 2005, be approved. "CARRIED" . Council Meeting Minutes -2- May 16, 2005 PRESENTATIONS Mayor Mutton presented the Clarington Toros Novice AAA Hockey Team with certificates congratulating them on winning the silver medal at the OMHA Tournament of Champions. The team members are as follows: Madison Badeau Michael Bergman Mitchell Burghardt Zachary Cole Tyler Gaulton Michael Hibbard Brandon Hoskin Cody Kean Mitchell Marner McKenzie Miles Ostop Mostowy Brody Munro Liam Osborne Brett Otterbein Connor Whitley Alex Woodcock Todd Stauffer, Head Coach Mark Duffy, Assistant Coach Trevor Kean, Assistant Coach Lee Hibbard, Trainer Don Bergman, Assistant Trainer Rick Miles, Manager . Dave Dobson, Clarington Big Brothers and Sisters, appeared before Council to discuss the Jack Munday Mentoring Program. A child between the ages of 7 and 13 is sponsored by an adult who volunteers their time for 1 hour a week. The programs youngest mentor is 22 and the oldest is 79 years old. The program helps the children's self esteem and the adults return to work reenergized. Currently they have 33 mentors, 77 children and 19 schools enrolled in the program. Mr. Dobson notes that they are hoping to increase the program to 75 mentors and he hopes the municipality will promote the program. Darlene Mathews and Terri Gray, Community Living Oshawa/Clarington, provided Council with a powerpoint presentation highlighting the following: . May is Community Living Month; . What they do; . Who they are; . The Clarington Project; . Community partners; . Some employers; . Volunteer supporters; and . What is community living. Resolution #C-243-05 Moved by Councillor Schell, seconded by Councillor Trim . THAT Mark Frayne be added as a delegation. "CARRIED" . . . Council Meeting Minutes -3- May 16, 2005 DELEGATIONS Janis Steele, District Manager, Easter Seals, Durham Region, has rescheduled her delegation pertaining to the Accessibility Challenge to the General Purpose and Administration Committee meeting scheduled for May 24, 2005. Robert Bouley, was called but was not present. Jeanne Burnside, appeared before Council as a concerned taxpayer and noted that she is currently retired from the corporate world and that she volunteers her time to write articles that are published in the Orono Weekly Times. On May 2, 2005, she addressed Council about the lack of ads and announcements from the municipality to the Orono Weekly Times since February 2005. In response, a resolution was brought forward that contained false and misleading information. Ms. Burnside requested that Council offer a public apology and publish it in all the local papers. Mark Frayne, Counsel and Vice-President, Holburn Biomedical Corporation, circulated correspondence prior to the meeting pertaining to Report PSD-060-05. He addressed three issues before Council: 1. 2. 3. What does Clarington want for the future? How does AYT big box store impact the Scientific Research Park initiative? How does the A YT big box store impact Holburn? Mr. Frayne stated this proposal is not compatible with their plans and he is requesting that the municipality not allow the proposed amendments. Resolution #C-244-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:03 p.m. . . . Council Meeting Minutes -4- May 16, 2005 COMMUNICATIONS Resolution #C-245-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the communications to be received for information be approved as per the agenda, with the exception of Items I - 4, I - 11, I - 12, I - 16 and I - 23. 1-1 M02.GE 1-2 C06.LO 1-3 L11.GE 1- 5 F11.GE 1-6 M06.GE 1-7 A04.GE "CARRIED" Bev Billings, Member of Durham Lives!, providing Council with a copy of the Food Wellness - Your Community Newsletter. Minutes of the Local Architectural Conservation Advisory Committee meeting dated April 19, 2005. Ministry of Consumer and Business Services, providing Council with a news release reminding shoppers and merchants that under the Retail Business Holidays Act, Victoria Day, Monday, May 23, 2005, is among the eight days annually when most stores must be closed. Helen Page, President, Newcastle Skating Club, thanking Council for awarding the Club with a $1,500.00 grant. These funds will be put to good use in providing quality coaching and ice time for their upcoming season. Kellie McDonell, thanking Council for placing her art in the Municipal Centre to promote her first solo show. Roy Wood, Chair, Ontario Municipal Water Association, advising Council that the Safe Drinking Water Act 2002, makes it mandatory for people with oversight responsibility for public drinking water to acquire a basic understanding of the science and legal requirements involved. Mr. Wood notes that Council may attend the annual conference of the Eastern Ontario Municipal Water Association (EOMWA) to be held in Cobourg in the Fall of 2005. . . . Council Meeting Minutes -5- May 16, 2005 COMMUNICATIONS 1-8 A12.GE 1-9 M06.GE 1-10 M02.GE 1-13 D19.GE Paul Temple, Senior Vice President, Corporate Development, Pelmorex Communications Inc., advising Council of the CRTC process regarding their "All Channel Alert (ACA)" proposal, an emergency warning system for Canadians that would alert communities of impending local emergencies threatening life or property with a television broadcast message. On Friday, April 22, 2005, the CRTC issued Public Notice CRTC 2005-38: Call for Applications to provide an All Channel Alert (ACA) service. CRTC announced that they have decided to call for competing applications. The CRTC set the deadline for further applications by July 22, 2005. Based on these new steps taken by the Commission, they do not expect the CRTC will be prepared to receive and consider letters of support for Pelmorex's ACA application until sometime during the fall of 2005. Maria Clarke-Wimpenny, thanking Council, Bob Genosko, Supervisor, Operations Department and staff for installing the memorial bench. Her family has dedicated the bench to their Aunt Frances Clarke Grummett who attended Bowmanville Central School and Bowmanville High School and worked in Bowmanville until she left to joint the Canadian Women's Army Corps. Ministry of Municipal Affairs and Housing, advising Council of the long- standing service program that was introduced by the Ontario government in 2004 to recognize municipally elected officials with at least 25 years of service. The first group of recipients, representing municipalities in central Ontario, received their awards at the Central Ontario Municipal Conference in Niagara Falls. Carol Grylls, Committee Secretary, Region of Durham, advising Council that the Region of Durham on April 19, 2005, passed the following resolution: "a) THAT public notice of the proposed renaming of portions of Regional Road 22 (Bloor Street) to Gord Vinson Avenue and Dewell Crescent in the Municipality of Clarington be authorized pursuant to Section 47 of the Municipal Act, 2001; and b) THAT a copy of Report #2005-P-35 of the Commissioner of Planning be forwarded to the Municipality of Clarington." . . . Council Meeting Minutes -6- May 16, 2005 COMMUNICATIONS 1-14 T03.GE 1-15 T03.GE 1-17 F05.GE 1-18 M02.GE 1-19 E05.GE 1-20 F22.GE P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on April 13, 2005, passed the following resolution: ''THAT the area municipalities be advised that the share of the Regional Tax Levy for transit purposes is to be utilized to continue with the capital acquisition programs as defined in the local area municipal transit forecasts." Martin de Rond, Director of Legislative and Information Services/Town Clerk, Town of Ajax, writing to the Region of Durham, advising that the Town of Ajax on April 25, 2005, passed the following resolution: "THAT the Region of Durham be requested to establish a citizen- based Advisory Committee to assist the new Region Transit Service." The Honourable Ralph Goodale, Minister of Finance and The Honourable John Godfrey, Minister of State (Infrastructure and Communities), updating Council on the 2004 Federal Budget and the Government of Canada's efforts to improve Canadians' quality of life through the New Deal for Cities and Communities. The Budget included many new investments that will benefit municipalities. The Government of Canada will invest $5 billion of the federal gas tax revenues over five years in environmentally sustainable municipal infrastructure such as public transit, water and waste water systems, community energy systems, solid waste management, the rehabilitation of roads and bridges and municipal capacity. R. Murray Paterson, advising Council that he was honored to receive the 50 years Volunteer Service Award on April 20, 2005. Richard Daley, Mayor, City of Chicago and Robyn Thorson, Regional Director, U.S. Fish and Wildlife Service, providing Council with a copy of the Executive Summary of the Aquatic Invasive Species Summit, which was held in Chicago in May of 2003. Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC), providing Council with a copy of MPAC's Annual Report and Financial Statements for the year ended December 31, 2004. . '. . Council Meeting Minutes -7- May 16, 2005 COMMUNICATIONS 1- 21 P16.GE 1-22 C10.MO 1-24 T05.HW 1-25 T03.GE Martin de Rond, Director of Legislative and Information Services/Town Clerk, Town of Ajax, writing to the Region of Durham, advising that the Town of Ajax on April 25, 2005, passed the following resolution: "THAT the City of Oshawa resolution regarding Fire Services Emergency Medical Response be endorsed." Donald McKay, Director of Corporate Services/Clerk, The Corporation of the Town of Whitby, advising Council that the Town of Whitby on April 25, 2005, passed the following resolution: "1. THAT Council support the March 23rd, 2005, resolution of the Council of the Regional Municipality of Durham endorsing Mosport International Raceway in the Municipality of Clarington as the preferred Canadian site for NASCAR series expansion; and 2. THAT NASCAR, the Region of Durham, the Municipality of Clarington and the local M.P. and M.P.P. be advised accordingly." P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham, on April 13, 2005, passed the following resolution: "a) THAT Mr. Doug McKay be appointed as the Region of Durham's representative to the 407 East Individual Environmental Assessment Community Advisory Group; and b ) THAT a copy of Report #2005-P-31 of the Commissioner of Planning be forwarded to the Ministry of Transportation." Martin de Rond, Director of Legislative and Information Services/Town Clerk, Town of Ajax, writing to the Region of Durham, advising that the Town of Ajax on April 25, 2005, passed the following resolution: ''WHEREAS, transit services will be transferred to the Region of Durham, effective January 1, 2006; AND WHEREAS, the effect of the transfer will shift the current Ajax tax levy for transit purposes from the Town to the Region; NOW THEREFORE be it resolved that in order to ensure that this shift in service delivery is transparent to the taxpayer of Ajax, . . . Council Meeting Minutes -8- May 16, 2005 COMMUNICATIONS 1-26 L11.GE 1-27 D02.GO THAT the amount of tax collected locally for transit in 2005 be identified and removed from the local tax bill, effective January 1, 2006; and THAT the 2006 Final Tax Bill Information Brochure sent to each taxpayer in the Town give notice of the shift in service delivery and the resulting local tax reduction; and THAT a copy of this resolution be forwarded to the Region and Durham area municipalities." George Graham, Clerk-Administrator, the Township of Brock, writing to the Ministry of Municipal Affairs and Housing, advising that the Township of Brock like many other Ontario municipalities has concerns pertaining to liability issues and staff preparedness by the July 1, 2005, deadline of the implementation of Bil/124 - Building Code Statue Law Amendment Act. The Township of Brock is requesting that the Ministry consider granting municipalities a grace period or extension beyond July 1, 2005. P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable David Caplan, Minister of Public Infrastructure Renewal and Deputy House Leader, Government, advising that the Region of Durham on April 13, 2005, passed the following resolution: "a) THAT the following comments and the contents of Report #2005-P-30 of the Commissioner of Planning be forwarded to the Province as Durham Region's response to the Places to Grow: Better Choices, Brighter Future, Draft Growth Plan for the Greater Golden Horseshoe: i) The Province's forecast decline in the jobs to population ratio for Durham is unacceptable. The Province must support and build upon the Region's on-going efforts to attract jobs, to meet the Draft Growth Plan objective of 'complete communities'; ii) The Province must assist the Region to accommodate a higher percentage of employment growth by developing appropriate incentives and infrastructure funding to realize the major structural elements of the Regional Official Plan, including: the completion of Highway 407 through the Region and improvements to Highway 401; . Council Meeting Minutes COMMUNICATIONS . . -9- May 16, 2005 iii) The Province must develop and put in place the incentives required to attract development that will intensify our existing urban areas; iv) To achieve the desired state of 200 residents and jobs per hectare, the Province will have to invest heavily in water, sewer and transportation infrastructure and provide other incentives to attract the scale and density of development contemplated for these areas; v) The inclusion of policies that protect employment lands is supported. This is consistent with the policies of the new Provincial Policy Statement, and is desirable to ensure that municipalities can effectively maintain an adequate supply; vi) Policy direction that encourages the early integration of transit services in our communities is consistent with the Regional Official Plan and the Transportation Master Plan, and this is supported; vii) The assessment of land required for urban development is currently Durham's responsibility, and is a key component of the on-going Regional Official Plan Review. It is imperative that Durham and its area municipalities continue to have a key role in planning for growth in the Region; viii) Ajax is part of the Region's western anchor with Pickering. Whitby and Courtice are part of the central anchor with Oshawa. Accordingly, these communities (Ajax, Whitby and Courtice) should not be subject to the small cities and towns policies of the Draft Growth Plan; ix) The Ministry should clarify whether the policies for small cities and towns and the population, household and employment forecasts apply to settlements located in the Greenbelt Plan Area; x) It is recommended that Schedule 5, Moving People, and Schedule 6, Moving Goods, be revised to include the following Regional transportation corridors in Durham: . the Highway 407 transitway to the East Durham Link, and along the East and West Durham Links to 401; . Council Meeting Minutes COMMUNICATIONS . -10- May 16, 2005 . Regional Highway 2 between the Toronto- Durham boundary and Newcastle; Taunton Road from the York-Durham boundary to the East Durham Link; Brock Road from the Pickering GO Station to the Highway 407 transitway; Brock Street from the Whitby GO Station to the Highway 407 transitway; Simcoe Street from the Oshawa GO Station to the Highway 407 transitway; Widening of Highway 7 across the Region; Clearly show the CN Rail line, which runs south of Highway 401 through Durham, as an "Existing Major Rail Line"; The future Highway 404 extension to Highway 12/48; and The Havelock and Stouffville (Uxbridge) rail lines; . . . . . . . . xi) Durham Region must be involved in the development of the Transportation Strategy and be represented on the Greater Toronto Transportation Authority, particularly as it may involve future Provincial investment in transportation infrastructure, including transit; xii) It is recommended that the Draft Growth Plan merely provide the framework for mapping and policies to protect the Natural System. The details should be established in upper and single-tier official plans; xiii) It is recommended that the Draft Growth Plan merely provide the framework for mapping and policies for the Agricultural System. The details should be established in upper and single-tier official plans; . xiv) The Province should clarify whether the Mineral Aggregate Resources policy is intended to apply to the entire Greater Golden Horseshow or only those area outside the Greenbelt Plan Area; . Council Meeting Minutes -11- May 16, 2005 COMMUNICATIONS xv) The Province must reconsider whether Sub-area Growth Strategies are necessary given the duplication of current responsibilities of upper and single-tier municipalities and the onerous logistics and time necessary to complete them. It is recommended that the Growth Plan merely provide a policy framework as a basis for implementation by upper and single-tier municipalities, through their official plans and regular infrastructure studies. Should the Province continue with the Sub-area Growth Strategy approach, it is essential that the Sub-area Growth Strategies add value to the current planning system and be prepared in partnership with the affected municipalities; . xvi) The Province must declare its intent regarding transition issues, in order that we may assess the impact on applications, as well as the on-going lands needs assessment component of the Regional Official Plan Review; xvii) The Province must direct its energies to develop the necessary fiscal tools to support the goals and objectives of the Growth Plan, including: committing a sustainable source of funding for transit; amending the Development Charges Act to allow municipalities to finance the full costs of services; and amending the Environmental Assessment Act to streamline the process of approval for infrastructure that supports the Growth Plan objectives. Tools should be developed to influence a shift in: market preferences for housing types; location of residence; and transportation choices that support intensification. The Province should also establish a policy that Provincial infrastructure investments, particularly in the area of human services, will be supportive and implement the Growth Plan; . xviii) The Province should put in place a multi-year infrastructure strategy concurrent with the enactment of the Growth Plan; . . . Council Meeting Minutes -12- May 16, 2005 COMMUNICATIONS 1-28 C06.PH 1-29 xix) The Ministry of Public Infrastructure Renewal should recognize the Region's existing practices of developing and implementing its own long-term infrastructure planning and financing strategies, as the Province develops its multi-year infrastructure strategy; xx) The Province must recognize that large municipalities, like the Region, do not permit development without ensuring that the necessary capital infrastructure is available and funded. Capital planning and budgets should continue to be developed at a Regional level to reflect our responsibilities for the provision of those services, which reflecting the goals and objectives of the Growth Plan; and xxi) The Minster of Public Infrastructure Renewal be requested to: a) coordinate through the authority of Municipal Affairs and Housing, an amendment to the boundary of the 'Protected Countryside' under the Greenbelt Plan to remove the lands in the Cherrywood Community in the City of Pickering, and an amendment to the Greenbelt Plan to delete the section 3.4.4 2a); and b) identify the Cherrywood Community as a 'Designated Growth Area' in the final Growth Plan for the Greater Golden Horseshoe. b ) THAT a copy of Report #2005-P-30 of the Commissioner of Planning be forwarded to the Minister of Public Infrastructure Renewal, the Minister of Municipal Affairs and Housing, and the area municipalities in Durham." Minutes of the Physician Recruitment Committee meeting dated April 28, 2005. John R. O'Toole, MPP, Durham, providing Council with a copy of a letter received from Energy Minister Dwight Duncan, concerning Ontario's future plans for the Darlington Nuclear Generating Station. . . . Council Meeting Minutes -13- May 16, 2005 COMMUNICATIONS 1- 30 P16.GE 1- 31 P09.MO 1- 32 F05.GE 1-33 D02.0A 1-34 C06.DU 1- 35 C10.MO John R. O'Toole, MPP, Durham, providing Council with a copy of a letter received from The Honourable Monte Kwinter, Minster of Community Safety and Correctional Services, concerning double hatter firefighters. Minister Kwinter writes that he has asked the Ontario Fire Marshal to monitor the situation and to notify him if a serious threat to public safety arises as a result of the withdrawal of services by career firefighters serving as volunteer firefighters. John R. O'Toole, MPP, Durham, providing Council with an excerpt of the Official Report of Debates (Hansard) for April 26, 2005. Mr. O'Toole notes that he has had the opportunity to give a Member's Statement regarding the importance of the effort being made to bring NASCAR racing to Mosport. Stephen Harper, P.C., M.P., Leader of the Opposition, Leader of the Conservative Party of Canada, providing Council with a copy of an Open Letter to Canadian Municipalities in response to a letter from the Federation of Canadian Municipalities urging local Members of Parliament to pass the federal budget quickly. Mr. Harper assures municipal representatives across Canada that even if the budget is not passed, there is no risk whatsoever to promised infrastructure funding under a Conservation government. D. Gayle Wood, Conservation Authorities Moraine Coalition Chair 2005, providing Council with a copy of the Conservation Authorities Moraine Coalition 2004 Accomplishments. Minutes of the Durham Nuclear Health Committee meeting dated April 15, 2005. Joyce Savoline, Regional Chairman, The Regional Municipality of Halton, writing to The Honourable Harinder Takhar, Minister of Transportation, advising that the Regional Municipality of Halton on April 20, 2005, passed the following resolution: "THAT the Regional Chairman write to the Ministers of Transportation, Environment and Public Infrastructure Renewal advising of the Region of Halton's position and comments to the final Terms of Reference for the Niagara to GTA Corridor Environmental Assessment identified in Report PPW52-05; . . . Council Meeting Minutes -14- May 16, 2005 COMMUNICATIONS 1-4 SOO.GE THAT prior to finalization and submission of final Terms of Reference for the Niagara to GT A Corridor Environmental Assessment to the Minister of the Environment, the Ministry of Transportation be requested to provide a detailed written response to the issues identified in Report PPW52-05." GTA/905 Healthcare Alliance, advising Council that GTA/905 Healthcare Alliance is renewing its call to the Provincial Government to provide a fair share of health care funding to the Region's three million residents. The GT A/905 Healthcare Alliance is the collective voice of acute care and mental health hospitals across the GT A/905 region - from Oshawa to Burlington and north to Newmarket. Resolution #C-246-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item 1-4 be received for information. 1-11 A09.GE C06.NE "CARRIED" Viveca Rupa, Chairman, Urban Development Committee, Newcastle BIA, confirming that the Newcastle BIA is in favour of the new library being built in the downtown core for greater accessibility for users and to enhance efforts to attract people downtown to maintain a vibrant core. Additionally, the Committee is in support of the proposed Farmer's Market. Resolution #C-247-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item I - 11 be referred to the Clarington Library Board. 1-12 M02.GE "CARRIED" Fred Archibald, President, Archibald Orchards and Estate Winery, advising Council that the 6th Annual Fruit Wine and Food Festival will be held at Archibald Orchards on Saturday, May 28, 2005 from noon until 5:00 p.m. . . . Council Meeting Minutes -15- May 16, 2005 COMMUNICATIONS Resolution #C-248-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item 1-12 be received for information. "CARRIED" 1-16 F02.GE Marilyn Pearce, Mayor, Township of Scugog, writing to Bev Oda, Member of Parliament, urging the Federal Government to pass the proposed Federal Budget, prior to another election, to ensure Ontario's $224 million share of the gas tax revenue flows to municipalities in 2005- 2006 for municipal infrastructure investments. Resolution #C-249-05 Moved by Councillor Ping Ie, seconded by Councillor Robinson THAT Correspondence I - 16 be received for information. "CARRIED" 1-23 C10.MO Martin de Rond, Director of Legislative and Information Services/Town Clerk, Town of Ajax, writing to The Right Honourable Paul Martin, Prime Minister, advising that the Town of Ajax on April 25, 2005, passed the following resolution: "THAT correspondence from the Region of Durham and AMO regarding the urgent need for the Government of Canada to approve the Federal Budget to ensure that gas tax measures to fund municipal infrastructure improvements be endorsed." Resolution #C-250-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item I - 23 be received for information. "CARRIED" . . . Council Meeting Minutes -16- May 16, 2005 CORRESPONDENCE FOR DIRECTION Resolution #C-251-05 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 7 to D -14, inclusive. D-1 M02.GE D-2 M02.GE D - 3 T08.GE "CARRIED" Margaret Foster, Secretary, Cobourg Highland Games, requesting permission to erect 18" x 24" lawn sign in various locations around Clarington on public property to advertise the 42nd Annual Highland Games which will take place on July 2, 2005, at Donegan Park. (Correspondence referred to the Municipal Clerk) Narmada Trusz, World Harmony Run Coordinator for Ontario South, requesting the Mayor to greet the torch bearers of World Harmony Run 2005 when they arrive on May 31, 2005. The World Harmony Run is a global torch relay that seeks to promote international friendship and point the way to a real oneness-world. The event is a tangible expression of humanity's essential need for friendship and understanding and helps connect grassroots efforts for world harmony. It does not seek to raise money or promote any political cause but only create goodwill among people and nations. They are also requesting Council to proclaim May 31, 2005, as World Harmony Day. (Proclaimed) P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on April 13, 2005, passed the following resolution: "a) THAT the Regional Solicitor be instructed to amend any applicable by-laws to read 'accessible parking' instead of 'handicapped parking' and to change 'handicapped person' to 'person with a disability'; b) THAT the Works Department be instructed to use the term 'Accessible Parking' when replacing existing parking signs or erecting new ones, if using words in addition to a logo; and . . . Council Meeting Minutes -17- May 16, 2005 COMMU N ICA TIONS D-4 M02.GE D-5 M02.GE D-6 M02.GE D-7 F22.GE c) THAT a copy of Report #200-5-COW-03, as submitted by Henry Kortekaas, the Chair of the Accessibility Advisory Committee be sent to area municipalities." (Correspondence referred to the Director of Engineering, the Director of Operations and the Clarington Accessibility Advisory Committee) Summer Active, Public Health Agency of Canada, advising Council of the Ontario Communities Challenge Each Other to Physical Activity 'Duel'. SummerActive is a popular annual campaign from May 6 to June 20 that helps Canadians take their first steps to becoming more physically active and spreads the word that active living, healthy eating, and living smoke-free area all parts of a healthy lifestyle. Mayor Hazel McCallion, Mississauga, is challenging cities and communities across Ontario to get active by following her City's lead. The City of Mississauga plans to get its community active this summer as part of its commitment to being a healthy city and through participation in the provincial ACTIVE2010 and federal SummerActive programs which promote increased physical activity. (Correspondence referred to the Director of Community Services) Derryn Gill, Chair, Board of Directors, Spina Bifida & Hydrocephalus Association of Ontario, requesting the proclamation of June as Spina Bifida and Hydrocephalus Awareness Month. (Proclaimed) Donald Air, requesting Council's permission to hold the 3rd Annual Alfred Shrub/Bowmanville Museum 8 km Fun RunlWalk on June 5, 2005, at 9:00 a.m. (Granted provided organizers apply for and obtain a Road Occupancy Permit) Denise Labelle-Gelinas, City Clerk, City of Cornwall, advising Council that the City of Cornwall, on April 25, 2005, passed the following resolution: "WHEREAS the Province of Ontario, through the Assessment Act, RS.O. 1990, subsection 3(1 )(28) states that: "all real property in Ontario is liable to assessment and taxation subject to the following exemptions: . . . Council Meeting Minutes -18- May 16, 2005 COMMUNICATIONS 28) A hydro-electric generating station, as defined in subsection 92.1 (24) of the Electricity Act 1998 and the land and structures used in connection with the generating station, as may be described by the Minister, but not any portion of the land, buildings or structures used for any other purpose. This paragraph applies to the 2001 taxation year and subsequent taxation years", WHEREAS the Electricity Act 1998 provides as follows: "Hydro-electric Generating Station" includes any building, structure in which electricity is generated through water or from the movement of water." WHEREAS the stated intent of this action was to give the newly formed Provincial Electrical Corporations the opportunity to become profitable and competitive in the newly deregulated marketplace in Ontario and in the wider North American electrical market; and WHEREAS, as reported in the Toronto Star on March 30, 2005, the Acting Chief Executive of Ontario Power Generation (OPG), Mr. Richard Dicerni indicated that in 2004, OPG has had a profit in excess of $42,000,000 and that, in 2005, the profit will climb to between $300,000,000 to $350,000,000 or more; and WHEREAS OPG is a for-profit Corporation and should pay its fair share of taxes based on its assessment value and at the local hosting community's commercial tax rates; and WHEREAS in the case of the City of Cornwall, based upon the average annual actual output of 6.4 terra watts from the OPG facility located in the City of Cornwall, the R.H. Saunders Generating Station assessed in 2004 at $96,016,570 and with a current City of Cornwall commercial tax rate of .07436299, the facility could pay its full taxes of $7,140,302 to the City at a cost per kilowatt to the end user of .001115 cents or, in terms of an average householder using 1000 kilowatts per month, an additional monthly charge of $1.12 per month or $13.38 per year; and WHEREAS the City of Cornwall has been trying for five years to get this situation addressed by various Provincial governments without a response. . . . Council Meeting Minutes -19- May 16, 2005 COMMUNICATIONS NOW THEREFORE BE IT RESOLVED THAT the City of Cornwall request from its MPP, Mr. Jim Brownell, to attend a meeting of Council in early May 2005 to discuss this issue and that he publicly, declare his support for the position taken by the City of Cornwall and that he confirm this in writing to the Council of the City of Cornwall; and BE IT FURTHER RESOLVED THAT the City of Cornwall also request that the Premier of Ontario, the Honourable Dalton McGuinty and the Minister of Finance, the Honourable Greg Sorbara, declare their support on the position taken by the City of Cornwall, and also request from the Leader of Official Opposition and the Leader of the Provincial Conservative Party, Mr. John Tory, as well as the Leader of the Provincial New Democratic Party, Mr. Howard Hampton on behalf of themselves personally and on behalf of their respective parties, that they will support the request of the City of Cornwall now and in the future; and BE IT FURTHER RESOLVED THAT this Resolution be sent to the Councils of other OPG host communities with a request that they pass similar Resolutions in their communities and obtain similar support from their MPPs for their own Hydro Generating facilities. " Resolution #C-252-05 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Correspondence Item D - 7 be received for information. "CARRIED" D-8 C10.MO Catherine Conrad, City Clerk, City of North Bay, writing to Monique Smith, MPP, Nipissing, advising that the City of North Bay on April 25, 2005, passed the following resolution: ''WHEREAS the City of North Bay is forecasting to spent $363,000 in its ParkslTrail Maintenance and Replacement Program over the next five (5) years; AND WHEREAS municipalities have invested substantial public funds in the development of trails; . . . Council Meeting Minutes -20- May 16, 2005 COMMUNICATIONS AND WHEREAS the public has made very significant use of trail systems for fitness and recreation to substantially improve their quality of life during all four (4) seasons; AND WHEREAS those using trail systems have historically done so at their own risk; AND WHEREAS the cost to maintain and police trail systems would be so prohibitive as to require their closure if made mandatory, whether by case law or statute; AND WHEREAS various lawsuits have been filed claiming liability against municipalities and other trail owners; AND WHEREAS the cost of insurance for the use of trail systems has already proven so expensive to be prohibitive; NOW THEREFORE BE IT RESOLVED THAT Council request through our M.P.P. Monique Smith that the Minister of Municipal Affairs and Housing move to amend the Occupiers Liability Act so as to clearly establish that those using trail systems are deemed to do so at their own risk, so that owners and volunteer organizations will not be held liable in any way for any damages arising from the use of trails by the public; AND FURTHER THAT this resolution be circulated to all other municipalities greater than 50,000 in population, to all municipalities in the Blue Sky Region, to AMO, FONOM, NEOMAG and the North Bay and District Chamber of Commerce with the request that they pass similar resolutions of support." Resolution #C-253-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the resolution of the City of North Bay regarding Parks/Trail Maintenance and Replacement Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Meeting Minutes -21- May 16,2005 COMMUNICATIONS D-9 C10.MO J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, advising Council that the Central Lake Ontario Conservation on March 21, 2005, passed the following resolution: ''THAT a letter be sent from CLOCA to local municipalities urging that municipal councils endorse all of the recommendations offered by the expert panel and specifically underlines its recommendations regarding the need for control measures in the production and application of PFB related products." Resolution #C-254-05 Moved by Councillor Schell, seconded by Councillor Foster THAT J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation be advised of actions taken with respect to Report PSD-062-05. D -10 T07.GE "CARRIED" Lynda Shephard, Vice President House League, Bowmanville/Newcastle Baseball Association, requesting that a sign be placed on Highway 2 at the entrance to Bowmanville displaying the various grass roots sports teams available in Clarington. She believes that the sign would generate a positive outcome for the area of Clarington with respect to future growth as well as support the various organizations so that they can continue to provide a great benefit to the families and children of the area. Resolution #C-255-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D -10 be referred to staff. D - 11 C10.MO "CARRIED" J.D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan on April 18, 2005, passed the following resolution: "THAT the recommendation contained in the report of the Commissioner of Engineering and Public Works, dated April 18, 2005, be approved; . . . Council Meeting Minutes -22- May 16, 2005 COMMUNICATIONS THAT the official letter of concern to local MP's, be forwarded to all GTA Municipalities to promote awareness and to request their support; and THAT staff discuss with Canada Post, opportunities for payment for anti-litter campaign signs to be installed at all Supermailboxes." Resolution #C-256-05 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the resolution from the City of Vaughan regarding Supermailboxes be endorsed by the Council of the Municipality of Clarington; and THAT Correspondence Item D - 11 be copied to the Operations Department and Bev Oda, MP. "CARRIED" D - 12 C10.MO C06.CL P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable Steve Peters, Minister of Agriculture and Food, advising that the Region of Durham on May 4, 2005, passed the following resolution: "a) THAT the Greater Toronto Area (GTA) Agricultural Action Plan, Final Report, be supported; b ) THAT the Regional Chair or designate, be appointed as Durham Region's representative on the GTA Agricultural Action Committee; and c ) THAT a copy of Report #2005-P-34 of the Commissioner of Planning be forwarded to the Ontario Ministries of Agriculture and Food, and Municipal Affairs and Housing, the Federal Department of Agriculture, the Durham Federation of Agriculture, the Durham Agricultural Advisory Committee (DAAC), and the area municipalities for their information." . . . Council Meeting Minutes -23- May 16, 2005 COMMUNICATIONS Resolution #C-257-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 12 be referred to the Clarington Agricultural Advisory Committee. "CARRIED" D - 13 C10.MO P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable Harinder Takhar, Minister of Transportation, advising that the Region of Durham on May 4, 2005, passed the following resolution: "a) THAT the Planning and Works Committee receive Commissioner's Report No. 2005-J-09 for information; b) THAT the Province of Ontario be requested to incorporate the Slow Moving Farm Vehicle Signage as a Provincial standard; c) THAT a copy of Commissioner's Report No. 2005-J-09 be forwarded to the Durham Regional Police Services, the Durham Agricultural Advisory Committee, the Ministry of Transportation, and the area municipalities for their information; and d) FURTHER, that the Association of Municipalities of Ontario (AMO) be advised and requested to adopt and forward the resolution to all Ontario Municipalities for their adoption and recommendation to the Province of Ontario." Resolution #C-258-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Item D - 13 be referred to the Clarington Agricultural Advisory Committee. "CARRIED" . Council Meeting Minutes -24- May 16, 2005 COMMUNICATIONS D - 14 C10.MO Corporation of the County of Essex, advising Council that the County of Essex on April 20, 2005, passed the following resolution: "WHEREAS Ontario Colleges currently rank 10th out of 10 provinces in Canada in per-student revenue; AND WHEREAS Ontario Colleges are not funded at the same level as universities or even high schools; AND WHEREAS in 2003 - 2004, Ontario Colleges served 53% more students than 15 years ago, yet have received 29% less in grant and fee income; AND WHEREAS with adequate funding Ontario Colleges can address the fact that only one half of Ontario students proceed to postsecondary education; AND WHEREAS Ontario College alumni generate an estimated $11 billion positive impact on Ontario's economy; . AND WHEREAS Ontario Colleges provide an average annual return of 12% on taxpayer investment; AND WHEREAS government investment in Ontario Colleges is recovered in approximately 10.7 years; THEREFORE, BE IT RESOLVED that the Government of Ontario be requested to fund Ontario Colleges on a more equitable level, in comparison to funding provided to Ontario universities and secondary schools; AND BE IT FURTHER RESOLVED that this resolution be forwarded to the Honourable Minister of Training, Colleges and Universities, Bruce Crozier, MPP, Essex, Dwight Duncan, Honourable Minister of Energy and MPP, Windsor-St. Clair, Pat Hoy, MPP, Chatham-Kent-Essex, the Association of Municipalities of Ontario and all Ontario municipalities." Resolution #C-259-05 Moved by Councillor Trim, seconded by Councillor Pingle . THAT Correspondence Item D - 14 be received for information. "CARRIED" . . . Council Meeting Minutes -25- May 16, 2005 NOTICE OF MOTION REPORTS Report #1 - Special General Purpose and Administration Committee Report- May 6, 2005 REPORTS Resolution #C-260-05 Moved by Councillor Trim, seconded by Councillor Schell THAT the Special General Purpose and Administration Committee Report of May 6, 2005, be approved. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniarv Interest Councillor Foster ..,j Councillor MacArthur ..,j Councillor Pinqle ..,j Councillor Robinson -:;r Councillor Schell -..,j Councillor Trim ..,j Mavor Mutton ..,j Report #2 - General Purpose and Administration Committee Report - May 9, 2005 Resolution #C-261-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of May 9,2005, be approved. "CARRIED" . Council Meeting Minutes -26- May 16, 2005 UNFINISHED BUSINESS Resolution #C-262-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Dave Dobson, Clarington Big Brothers and Sisters be thanked for his delegation and hard work; and THAT information pertaining to Clarington Big Brothers and Sisters be placed on the Clarington Intranet. "CARRIED" Resolution #C-263-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Darlene Mathews and Terri Gray, Community Living Oshawa/Clarington, be thanked for their presentation; . THAT staff continue to work with Community Living Oshawa/Clarington; and THAT the month of May be proclaimed Community Living Month. "CARRIED" Resolution #C-264-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the delegation of Jeanne Burnside be received. "CARRIED" Resolution #C-265-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the delegation of Mark Frayne, Holburn Biomedical Corporation, be referred to the Planning Services Department for inclusion in the Commercial Policy Review. "CARRIED" . . Council Meeting Minutes -27- May 16, 2005 OTHER BUSINESS Councillor Trim noted that last September there were complaints pertaining to commorants destroying trees in the Port of Newcastle and that the issue was referred to the Ganaraska Conservation Authority. He has recently received complaints from another resident regarding the same situation and the Director of Operations will be meeting with representative of the Ganaraska Conservation Authority on Thursday, May 19, 2005. . On April 23, 2004, a Clarington Household Hazardous Waste Event occurred. The Region of Durham issued a report stating that it was a great success and that 250 residents responded to the event. Councillor Trim advised that reconstruction is occurring on Highway 2 from Mor~ans Corners to Newtonville Road by the Region of Durham. He advised that the 100 h birthday of the Foundry and the Foundry tours occurred on Sunday, May 15, 2005, and the event was very successful. Last Saturday he attended a ribbon cutting at the Port of Newcastle and last week, along with two other Councillors, he attended the Men of Distinction Awards and noted that Dan Carter was a recipient of this honour. On the weekend during the Maplefest he welcomed young people from Toronto to the municipality. Councillor Pingle advised that she attended the 23rd Annual Women of Distinction Awards and a Nurses' Week barbecue at Lakeridge Hospital in Bowmanville. Bethesda House is holding a fund raising dinner Action on May 26, 2005. St. Marys is providing open house tours of the quarry on June 4, 2005 and Tyrone Spirit Day will be held on June 11, 2005. Councillor Trim announced that the Municipality of Clarington is the recipient of the Am Greene Merit Award for their participation in the Firehouse Youth Centre Program and he presented a plaque to Mayor Mutton. The Arn Greene Merit Award recognizes services to the community in the form of humanitarian interests in criminal justice. It acknowledges the efforts of an individual or organization that have led to improved practices in social justice or crime prevention. BY-LAWS Resolution #C-266-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-082 to 2005-098, inclusive and that the said by-laws be now read a first and second time: . 2005-082 being a by-law to amend By-law 84-63 the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Intracorp Holdings Ltd.) . . . Council Meeting Minutes -28- May 16, 2005 BY-LAWS 2005-083 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Karen Audenaert) 2005-084 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Denis Franklin) 2005-085 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Doug Pitcher) 2005-086 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Richard Bell) 2005-087 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Nikolaos Koitsopoulos) 2005-088 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Tony Murray) 2005-089 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Keith Pearson) 2005-090 being a by-law amend By-law 2003-191 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (rescinding appointments) 2005-091 being a by-law to designate the property known for municipal purposes as 6585 Regional Road 34, Part Lot 30, Concession 6, Darlington, now in the Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 2005-092 being a by-law to designate the property known for municipal purposes as 4675 Bethesda Road, Part Lot 5, Concession 5, Darlington, now in the Municipality of Clarington as a property of historic or architectural value or interest under the Ontario Heritage Act, R.S.O. 1990, Chapter 0.18 2005-093 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hard-Co Construction Ltd., Whitby, Ontario, to enter into agreement for the Valley's 2000 Pond Construction, Bowmanville Creek Valley opposite Hetherington Drive 2005-094 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and 614128 Ontario Ltd., o/a Trisan Construction, Schomberg, Ontario, to enter into agreement for the Pedestrian Walkway, Courtice - Foxhunt Trail to Darlington Boulevard . . . Council Meeting Minutes -29- May 16, 2005 BY-LAWS 2005-095 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Lions Club, Bowmanville, Ontario, to enter into agreement for the lease of Clarington Beech Centre, 26 Beech Street, Bowmanville, Ontario 2005-096 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ontario Realty Corporation to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON 2005-097 being a by-law to amend By-law 2004-019, a by-law to appoint Members to the Municipal Heritage Committee (formerly Local Architectural Conservation Advisory Committee) for the Municipality of Clarington 2005-098 being a by-law to exempt a certain portions of Registered Plan 40M-1815 and 40M-1931 from Part Lot Control "CARRIED" Resolution #C-267 -05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-082 to 2005-098 inclusive, be approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-268-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-099 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 16th day of May, 2005, and that the said by-law be now read a first and second time. "CARRIED" . . . Council Meeting Minutes -30- May 16, 2005 CONFIRMING BY-LAW Resolution #C-269-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-099 be approved. "CARRIED" ADJOURNMENT Resolution #C-270-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 8:26 p.m. "CARRIED" g2/tj1Jk MAYOR " DE