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HomeMy WebLinkAbout03/08/1999 1.. Council Minutes PRAYERS ROLL CALL Present Were: Absent: Also Present: ~ MUNICIPALITY OF CLARINGTON March 8, 1999 Minutes of a regular meeting of Council held on Monday, March 8, 1999, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor D. Hamre Councillor 1. Mutton Councillor 1. Rowe Councillor J. Schell Councillor C. Trim Councillor T. Young Councillor M. Novak (On Vacation) Chief Administrative Officer, F. Wu Director of Community Services, J. Caruana Fire Chief, M. Creighton (Attended Until 9: 13 p.rn.) Acting Director of Planning & Development, D. Crome (Attended Until 9:13 p.m.) Solicitor, D. Hefferon (Attended Until 9: 15 p.m.) Treasurer, M. Marano Director of Public Works, S. Vokes Municipal Clerk, P. Barrie DISCLOSURE OF PECUNIARY INTEREST Councillor Schell indicated that he would be making a disclosure of pecuniary interest with respect to the public meeting, Correspondence Items 1-4 and I - 13, Report #5 and By-laws 99-30 and 99-31. MINUTES OF PREVIOUS MEETING -- Resolution #C-155-99 Moved by Councillor Trim, seconded by Councillor Rowe THAT the minutes of a regular meeting of Council held on February 22, 1999, be approved. "CARRIED" Council Minutes \.. PUBLIC MEETING '-" ~ - 2- March 8, 1999 A public meeting is being held to receive comments concerning the report of the Inquiry Officer, Mr. Harold Goldkind, in response to the matter of the application of the Corporation ofthe Municipality of Clarington for approval to expropriate land for the purposes of reconstruction of the public and privately owned portions of Cove Road; the reconstruction ofa bridge over the Westside Creek and approaches to the bridge to connect Cove Road with Cedarcrest Beach Road and establishing Cove Road, the bridge and approaches as a public highway. David Ashcroft, 63 Cedarcrest Beach Road, R.R. #2, Bowmanville, L1C 3K3, indicated that he has been patiently awaiting the report of the Inquiry Officer and he encouraged Council to act upon it quickly. Gordon White, 37 Windsor Valley Place, Courtice, LIE 114, addressed Council with respect to the access to the properties in the vicinity of the bridge and indicated that a laneway is being developed parallel to the road on the Cedarcrest Beach Road. He requested that the same access as suggested for Cedarcrest Beach Road also be afforded to those individuals on Cove Road. Marsden Barrick, 147 Cove Road, Box 66, Bowmanville, LlC 3K3, commented that the report ofthe Inquiry Officer did not approve expropriation of the rights-of-way on Cove Road. Norm Leblanc, 63 Cedarcrest Beach Road, R.R. #2, Bowmanville, LI C 3K3, stated that the residents ofthis area have been inconvenienced for a couple of years now and he urged Council to proceed immediately with this excellent plan. Bill Clarke, 149 Cedarcrest Beach Road, Bowmanville, L I C 3K3, questioned whether a left turn onto the proposed lane running parallel to Cedarcrest Beach Road will be possible from the bridge. He also questioned whether signage would be placed in order to keep fishermen out of the area. Council Minutes '- PRESENTAnON '- DELEGAnONS COMMUNICAnONS '- - 3 - March 8, 1999 Charles Packer and Carl Andognini, Ontario Hydro, were present to provide an update on the Darlington Nuclear Generating Station. Mr. Andognini indicated that the station has committed to being open and accessible to the public and to improve their performance. Through the use of regular report cards and meetings with Council, they have been successful in opening communications with the public and all of their performance indicators have been exceeded. Their emergency procedures have been updated and their safety goals have been met. Through the use of an overhead presentation, Charles Packer, Site Vice-President, highlighted the 1998 report card and performance trends, the year 2000 program, improving performance improvement, community relations and highlights for 1999. In summary, he advised that the station will continue to operate and maintain the facility safely and will work towards sustained improvement. Resolution #C-156-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8: 16 p.m. There were no delegations scheduled for this meeting. Correspondence Item I - 15 was circulated to Council as a handout. Resolution #C-157 -99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT the communications to be received for information be approved with the exceptionofItems 1-4, 1- 8, 1-15, 1-16, 1-13, 1-17 and 1-22. "CARRIED" Council Minutes - 4- March 8, 1999 '- COMMUNICAnONS I - I Minutes ofa meeting of the Clarke Museum & Archives held on February 2, 1999. (Received for Information) 1-2 Minutes of a special meeting ofKawartha Conservation held on February 11, 1999. (Received for Information) 1- 3 John C. Hughes, Director, Ministry of Transportation, advising ofthe implementation of Ontario's vehicle impoundment program. He advised that this new initiative is part of Ontario's Road Safety Plan, the government's blueprint for making our roads safer. Bill 138, The Comprehensive Road Safety Act, 1997, targets some of the worst offenders on our roads, including those who drink and drive and those who drive while under a licence suspension. Effective February 16, 1999, vehicles drive in Ontario by persons apprehended for driving while their licence is suspended for a Criminal Code conviction, will be impounded for a minimum of 45 days. (Received for Information) '- 1-5 Stewart A. Taylor, Mayor, City of Owen Sound, inviting OSUM Members to the 1999 46th Annual Conference, May 5 - 8, 1999, which the City of Owen Sound is honoured to host. This year's Conference will provide an exciting opportunity for municipal officials to more clearly understand our rapidly changing world. Last year, Dr. David Foote, demonstrated how changing demographics influenced the requirement for municipal services. This year delegates will learn how municipalities must address changing technologies as we approach the new millennium (Received for Information) 1-6 Media Release received from the Visual Arts Centre of CIa ring ton, advising of activities for Five Days in March. The artists are ready and waiting to bring special March Break programs to the community. From March 15 - 19, the Centre is offering morning and afternoon art classes in a variety of media. (Received for Information) 1-7 John Milton, Executive Director, Ontario Recreation Facilities Association Inc., advising of the 44th Annual Training and Development Program to be held May 2 to May 7,1999, at the University of Guelph, and advising of several new initiatives, the Propane Safety and Handling Program, and the continuing advancement of their web site at WWW.orfa.com. The new Propane Safety and Handling course is recognized by the Technical Standards and Safety Authority - Fuel Safety Branch. '- Council Minutes - 5 - March 8, 1999 '-' COMMUNICAnONS Essentially, under the Energy Act, the Ontario Propane Code requires that all workers working with propane must hold a certificate of qualification for the work they perform. (Received for Information) 1-9 George S. Graham, Clerk-Administrator, Township of Brock, advising that the Council of the Township of Brock has discussed correspondence received respecting the proposed dissolution of Kawartha Region Conservation Authority and is opposed to any initiative to dissolve the Authority. The Township of Brock has indicated that in the event consultants are hired to address this matter, it is their opinion that the member municipalities initiating the proposal to dissolve, should be responsible for such costs. (Received for Information) 1- 10 Sallie Barrie, Administrator, Durham Region Community Care Association, forwarding a letter of appreciation for the one time Grant allocated to them by the Municipality ofClarington. She advised that all funds will remain in the local community and will enable them to continue to provide direct service to the residents of Clarington. (Received for Information) '- I - II News Release received from the Atomic Energy Control Board, that the Atomic Energy Control Board (AECB) is inviting public comment on upcoming licensing actions for Ontario Hydro, Pickering Nuclear Generating Stations A and B - renewal of operating licences and Ontario Power Generation Inc., change of operator and new licences. These organizations have made applications to the Board. The Board gave initial consideration to these proposals at its meeting on January 28, and is expected to make the final licensing decisions following its meeting in Ottawa on March 25, taking into account any comments or concerns expressed by interested parties or the public. Anyone wishing to obtain a copy of the staff recommendations regarding these licensing issues may call 1-800-668-5284. Written comments or requests for appearances before the Board with respect to these licensing applications must be received by March 4, 1999. (Received for Information) '- Council Minutes - 6 - March 8, 1999 '-' COMMUNICA nONS 1-12 Wayne Arthurs, Mayor, Town of Pickering, advises that in July of 1998 The Honourable David Collenette, Minister of Transport, initiated a thirty day public consultation period in consideration of declaring federally held lands as an airport site under the federal Aeronautics Act. At the request of the Town of Pickering, two extensions to the consultations were granted to December 31, 1998. He advised that the Town of Pickering met with federal representatives and others on two occasions during this period. One of these meetings on October 15, 1998, included Minister Collenette. They propose that after more than 25 years, it is timely and appropriate to establish a "stakeholders forum" to address the matter of a proposed declaration and other issues of local, regional, provincial and federal interests. They strongly believe that community stakeholders have a legitimate role to play in such a process. A meeting was held on March 2, 1999, at 2:00 p.rn., at the Pickering Recreation Complex to initiate discussions and set the stage for the stakeholders forum. (Received for Information) 1- 14 Janet Mason, Assistant Deputy Minister, Ministry of Municipal Affairs and Housing, advises that a recently filed regulation under the Municipal Act has the effect of prohibiting municipalities from licensing real estate companies, brokers and agents. The Provincial Government's role is to ensure that municipal licensing does not result in regulatory duplication and undue financial burdens on businesses in Ontario. Since the real estate industry is regulated under the Real Estate and Business Brokers Act, municipal licensing of real estate agents and brokers would constitute unnecessary duplication. She advised that after careful examination, it has been decided to proceed with the regulation (Received for Information) '- 1- 18 Kim Wildman, Durham '99 Project Officer, forwarding a copy of Durham '99 Information Package. This package contains the following: I. Durham '99 Events and Activities 2. Durham Region - the last 25 years 3. The Durham Challenge 4. Events Calendar for January - March '-' They are currently updating this calendar as event information is continually received in their office. They will be forwarding a revised calendar to the municipality on a bi-monthly basis, as this information is included. (A copy of the calendar is available in the Clerk's Department.) (Received for Information) Council Minutes - 7- March 8, 1999 ~ COMMUNICA nONS 1-19 Michael Power, President, Association of Municipalities of Ontario, forwarding information on the Model Gas Franchise Agreement. In 1987, when the joint industry-municipal committee produced the Model Agreement and the Franchise Handbook, municipal representatives successfully concluded several matters of concern to municipalities. Based on municipal input, including input from the Municipal Engineers Association, AMO identified some housekeeping changes and three issues of major concern to the municipal sector: . The ability to impose permit fees . A maximum lO-year term for renewal agreements . Compensation for use of the rights-of-way Clearly any changes to the Model Agreement will impact all municipalities as their Gas Franchise Agreements are renewed. Any concerns or comments may be forwarded to Pat Vanini, Director of Policy and Government Relations by Fax 416-971-6191. (Received for Information) '-' 1-20 Linda J. Laliberte, General Manager/Secretary-Treasurer, Ganaraska Region Conservation Authority, advises that on January 21, 1999, the Full Authority Meeting, the Ganaraska Region Conservation Authority approved the 1999 general levy as per the notification, which was forwarded to each municipality on December 18,1998, with a copy of the 1999 preliminary budget. Also, she forwarded a copy of the 1998 financial statements and the 1998 Annual Report. (A copy of the correspondence is available in the Clerk's Department.) (Received for Information) 1-21 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on February 16, 1999. (Received for Information) 1-23 D.A. Bentley, Deputy Clerk, Region of Durham, forwarding a copy ofa report on the Status of Class Environmental Assessment for Additional Water Pollution Control Plant Capacity for Whitby, Oshawa and Clarington. (A copy ofthe report is available in the Clerk's Department.) (Received for Information) '-' Council Minutes - 8 - March 8, 1999 '-' COMMUNICA nONS 1-24 W. Donald Cousens, Mayor, Town of Markham, forwarding a copy of an eight-page summary of the First Annual Report of World Mental Health Day in Canada. The success of this public education enterprise ultimately depends on the support and engagement of communities across the country. Last year, more than 44 cities towns and regional municipalities in all 10 provinces, and both territories proclaimed, publicized or otherwise acknowledged World Mental Health Day in Canada. In the next few weeks he will be forwarding specific suggestions as to how the municipality might consider acknowledging World Mental Health Day in Canada. (A copy ofthe summary is available in the Clerk's Department.) (Received for Information) 1-25 News Release from Gord Geissberger, Central Lake Ontario Conservation Authority dated March 3, 1999, advising of their 24th Annual Maple Syrup Festival to be held at the Purple Woods Conservation IArea, Saturday, March 13 to Sunday, March 21, 1999. (Receive for Information) 1-4 Councillor Schell made a disclosure of pecuniary interest with respect to Correspondence Item I - 4; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that he is employed by Blue Circle Canada Inc., the subject of the correspondence. '-' Minutes of a meeting of the Blue Circle Cement Community Relations Committee held on January 18,1999. Resolution #C-158-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Correspondence Item I - 4 be received for information. "CARRIED" 1-8 Kim Wildman, Durham '99 Project Manager, advising of Durham Region's 25th Anniversary. One of the events planned is a special Durham Passport Program. People will be invited to purchase a passport and take advantage ofthe coupons and event information listed within. ~ Council Minutes - 9- March 8, 1999 "-' COMMUNlCA nONS Resolution #C-159-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Correspondence Item I - 8 be received for information. "CARRIED" 1-13 Councillor Schell made a disclosure of pecuniary interest with respect to Correspondence Item I - 13; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that he is employed by Blue Circle Canada Inc., the subject of the correspondence. '-' R.W. Messervey, District Manager, Ministry of Natural Resources, advising that they had reviewed the request of Blue Circle Canada Inc., for an increase in tonnage limit temporarily for the 1999 season. In accordance with subsection 13(3) ofthe Aggregate Resources Act this request was also circulated to the local and regional municipalities for their comments. No objections were received during the circulation of this request. In accordance with subsection 13(2) of the Act, the Ministry is prepared to aprove a temporary licence amendment to increase the tonnage limit from 3.0 to 3.3 million tonnes. It is a condition of the licence amendment that: . the increase is only for the period ofJan. 1, 1999 to Dec. 31, 1999 . the tonnage limit will be reduced to the original limit of 3.0 million tonnes per annum on January 1, 2000. Resolution #C-160-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Correspondence Item I - 13 be received for information. "CARRIED" 1-15 P.M. Madill, Regional Clerk, Region of Durham, forwarding a certified copy of a By-law to Limit Tax Reform Related Property Tax Increases to 10% in 1998, 5% in 1999 and 5% in 2000 for Industrial, Commercial and Multi-Residential Properties in the Region of Durham. ~ Council Minutes - 10 - March 8, 1999 "-' COMMUNlCA nONS Resolution #C-161-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Correspondence Item I - 15 be received for information. "CARRIED" 1-16 P.M. Madill, Regional Clerk, Region of Durham, advising of a resolution passed by Regional Council as follows: "a) THAT the preliminary timetable be approved for the 1999 Regional Budgets for Water Supply, Sanitary Sewerage, Solid Waste Management and General Tax Purposes as set forth in Attachment #1 of Report #1999-F-8 of the Commissioner of Finance, which provides for Council approval of the 1999 Budgets and Regional Tax Rates and Policies on March 31, 1999; b) THAT the Region of Durham adopt as its budget strategy a 0% increase after assessment growth; '-' c) THAT the Provincial Initiatives Section of the 1999 Regional Budget for General Tax Purposes continue to be identified separately during the budget process in order to disclose the impact of Provincial downloading on local property taxes; d) i) THAT the Province be requested to provide the Region with the 1998 final reconciled downloaded costs for 1998 and the 1999 budgeted costs for the downloaded services by February 1, 1999 in order that the legislative provisions to set tax rates by March 31, 1999, can be met by the Region of Durham; ii) THAT the Province be directed to bring in a 1999 Budget for the Who Does What Downloaded Services that does not exceed the 1998 estimates as provided in the Local Services Realignment document for the Region of Durham, including the following: 'w Social Housing Land Ambulance GO Transit Child Care Social Assistance $34,738,000 9,203,000 11,275,000 1,480,000 22,408,000 Council Minutes - 11 - March 8, 1999 "-' COMMUNICATIONS THAT the Ontario Property Assessment Corporation be similarly directed to bring in a 1999 Budget that does not exceed the 1998 amount of $4,790,000; iii) THAT if the date for receipt of the Provincial fmancial data is delayed, then the Province be requested to amend the final date for the approval of the 1999 tax rates to April 30, 1999; e) THAT the savings generated from the reduction in contributions to OMERS be set aside as follows: i) the initial 2% contribution reduction be set aside in the Sick Leave Reserve to assist in the financing of the sick leave payments to retired employees; ii) savings from the OMERS holiday contribution be set aside in a Capital Reserve Fund to reduce the debenture debt requirements for the proposed Homes for the Aged Capital Project and similar savings for the Police Services Board be set aside to reduce the debenture debt for the Police Communications systems; "-' t) THAT a copy of Report #1 999-F-8 of the Commissioner of Finance be forwarded to the Durham Regional Police Services Board, the Area Municipalities, the Minister of Finance, the Ontario Property Assessment Corporation and the five Durham iv1PP's." Resolution #C-162-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Correspondence Item I - 16 be received for information. "CARRIED" '-' Council Minutes - 12- March 8, 1999 "-' COMMUNICATIONS 1-22 Kawartha Conservation Information Bulletin advising that their Budget was passed at their February 24th meeting. Municipalities will contribute $311,300 in funding to Kawartha Conservation in 1999. This is an increase of $8,700 over last year. Although, when spread across the 19 municipalities of the watershed, the increase is quite small and was absolutely necessary and fully justifiable. Recently, a dissolution vote of Kawartha Conservation was called at a public meeting held on February 11th, the watershed municipalities voted 19 to 1 against dissolution. The cost of this meeting was $9,181.00 and was added to the 1999 budget. However rather than raising revenues to cover this cost from the municipalities, Kawartha Conservation chose to fund the meeting through reserve funds. Resolution #C-163 -99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Correspondence Item I - 22 be received for information. '-' "CARRIED" 1-17 Association of Municipalities of Ontario, advising of the Red Light Enforcement Pilot Projects. The Red Light Cameras Pilot Projects Act, 1998, amends the Highway Traffic Act to allow designated municipalities to test red light camera systems that will photograph the licence plate or the driver. The amendments are designed to permit prosecution of red light offenders, using certified documents as evidence. The government continues to believe that a visible police presence at intersections is an effective strategy to reduce red light running. Therefore, municipalities choosing to introduce red light camera pilot projects will be required to introduce stepped-up enforcement at other high-risk intersections to allow for comparison between the cameras and traditional enforcement. Resolution #C-164-99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Correspondence Item I - 17 be received for information. "CARRIED" \.- Council Minutes - 13 - March 8, 1999 "-' COMMUNICATIONS Resolution #C-165-99 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Items D - 2, D - 3, D - 4, D - 5, D - 6, D - 8, D - 10, D - 12, D - 13 and D - 16, be approved as per the agenda. "CARRIED" D-2 Suzanne Routh, National Co-ordinator, Canada Book Day, advising of Canada Book Day Celebrations. She is requesting the Municipality of Clarington to proclaim April 23, 1999 as Canada Book Day. (Proclaimed) D-3 Gordon T. Pearson, Executive Officer, Durham Region Home Builders' Association, advising of New Homes Month. He is requesting the Municipality ofClarington to proclaim April 1999 as New Homes Month. (Proclaimed) D-4 C. Gushulak, Secretary, Navy League of Canada, advising of Navy League Tag Days. She is requesting proclamation of Navy League Tag Days September 30 - October 2, 1999 and permission to hold Navy League Tag Days in the Municipality of CIa ring ton (Proclaimed and Permission Granted to Hold Tag Days) "-' D-5 Joseph B. Christl Sr., Kriscorp Ltd., advising of a One Foot Reserve on his farm in Lot 9, Concession 1. He advises that this was put in place about 1986 when they were in the process of assembling a land base in this area. They have also acquired Lot 10, Concession 1 which now makes this parcel 201 acres in total not including four other parcels they own and farm in this area. He is requesting that this one foot reserve be removed as it devaluates their farmland and restricts potential for improvement (Referred to Planning and Development for review and report) D-6 P.M. Madill, Regional Clerk, Region of Durham, advising ofa resolution passed by the Region of Durham as follows: "WHEREAS a fundamental direction of the Regional Official Plan is to encourage development that will not have an adverse cumulative impact on the natural and built environments; '-' Council Minutes - 14- March 8, 1999 "-' COMMUNICATIONS WHEREAS the Region has entered into a partnership agreement with all conservation authorities having jurisdiction within the Region to assist in addressing natural heritage issues; WHEREAS the jurisdiction of the Kawartha Region Conservation Authority includes the majority of the Township ofScugog and part of the Township of Brock and the Municipality ofClarington providing a watershed approach to environmental management; "-' NOW THEREFORE the Region of Durham recognizes the need and value of conservation authorities including, the Kawartha Region Conservation Authority and hereby declares its support for the ongoing efforts and operation of the Kawartha Conservation Authority and strongly urges the water shed municipalities to do likewise and further, that this resolution be forwarded to the Township of Brock, the Township of Scugog, the Municipality of Clarington, Conservation Ontario, and all other member municipalities urging continued support of the Authority." (Received and advise of Council's earlier resolution in support of Kawartha Conservation) D-10 P.M. Madill, Regional Clerk, Region of Durham, advising ofa resolution passed by the Region of Durham as follows: "1. THAT the Corporation of the Town of Whitby respectfully requests the Canadian Government and in particular The Honourable Sergio Marchi, Minister for International Trade, to consider the possible implications and ramifications Bill C55 will have on Canadian business and in particular the exports of Co- Steel Lasco; and 2. THAT this resolution be forwarded to the Prime Minister of Canada, The Right Honourable Jean Chretien, the Minister of Industry Canada, The Honourable John Manley, the Premier of Ontario, The Honourable Michael Harris, the Minister of Economic Development, Trade and Tourism, The Honourable AI Palladini, the Minister of Labour, The Honourable James Flaherty, Minister of Canadian Heritage, The Honourable Sheila Copps, the M.P. for Whitby-Ajax, Judi Longfield, as well as other GTA Regional and Municipal Councils, the Regional Council of Hamiton-Wentworth and the Council of Sault Ste. Marie for their endorsement and support; and '-' Council Minutes - 15 - March 8, 1999 "-' COMMUNICATIONS 3. THAT staff be given direction to prepare a report on Bill C55 as it relates to other industries in Durham Region." (Referred to staff for consideration in conjunction with the report being prepared on this matter) D-12 Don Yeo, President, Clarington Branch ofthe Canadian Cancer Society, advising that April is Cancer Month. He is requesting the Municipality of Clarington to proclaim April Cancer Month, March 26, 1999 as Daffodil Day and to fly the Cancer Society flag from the flag poles at the Newcastle Town Hall, the Courtice Recreation Complex and the Municipal Administrative Centre, with the official flag raising ceremony taking place at the Municipal Administrative Centre on April 1 , 1999. (Proclaimed and approve of flying of flags and Daffodil Day) D-13 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville B.LA., requesting street closings for various events in the Business Improvement Area. '-' (Approved provided organizers apply for and obtain Road Occupancy Permits from the Public Works Department) D-16 Pamela Quirk, Cor-ordinator, Fund Raising Events, Multiple Sclerosis Society of Canada, requesting permission to hold the 1999 Bowmanville Super Cities WALK for MS in the Town of Bowmanville on Sunday, April 18. The WALK is scheduled to begin at 8:00 am. and finish by 3 :00 p.m., and all routes will begin and end at the Bowmanville High School. The Super Cities WALK for MS is a one day major fundraising event involving 85 cities across Canada. The funds raised help provide services for those in Bowmanville living with Multiple Sclerosis, as well as fund research initiatives into the cause and cure of the disease. (Approved provided the applicants apply for and obtain a Road Occupancy Permit from the Public Works Department) D-8 Ron Hope, President, Newcastle B.LA., applying for the CAUSE study on behalf of Newcastle Village B.I.A. He advised that David Crome gave an enlightening talk about the scope of the work and they realize that it is a very large undertaking. Their feeling is that this endeavour will be community based with many service groups involved. \... Council Minutes - 16- March 8, 1999 '-' COMMUNICATIONS Resolution #C-166-99 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Item D - 8 be referred to the Acting Director of Planning and Development for review. "CARRIED" D- I W.D. Spencer, Corporation of the Town ofKeewatin, advising ofa resolution passed by the Town of Keewatin as follows: "WHEREAS a strong disparity in gasoline prices has long existed between Northern Ontario and Southern Ontario and more recently evidenced between the Tri-Municipalities of Keewatin, Kenora and ]affray Melick and other towns in Northwestern Ontario; '-' AND WHEREAS unleaded gasoline prices in the Tri-Municipal area are 61.9 cents per litre, compared to prices ranging from a high of59.9 cents to 45.9 cents in Dryden, Sioux Lookout, Clearwater Bay and Thunder Bay; AND WHEREAS the gasoline supplied to the Tri-Municipal area comes from the same refinery and is delivered on the same truck over the same highways to other communities where gas prices can be as much as 16 cents per litre lower; AND WHEREAS since prices are neither set nor controlled at the retailer level, it is the refinery marketer level being the major oil companies who are setting pump prices thereby disregarding competition in the gas industry; AND WHEREAS this area has seen little or no savings at the gas pumps, even though crude oil prices have fallen more than 40% over the past year; AND WHEREAS the Provincial Government has repeatedly stated to the residents of the Tri- Town area that Northwestern Ontario would be treated fairly and equitably; \.- Council Minutes - 17- March 8, 1999 '-' COMMUNICATIONS NOW THEREFORE BE IT RESOLVED THAT the Council of the Town ofKeewatin, together with the Councils ofthe towns of Kenora and Jaffray Melick petition the Provincial Government and in particular the Minister of Consumer and Commercia] Relations , the Minister of Northern Development and Mines and the Premier of Ontario to explain why gas prices are so high in the Tri- Municipal area; to conduct an investigation into the fairness of fuel pricing in Northwestern Ontario; to regulate gas prices; and to pursue enabling legislation that will equalize gas prices across the province; AND FURTHER THAT this resolution be also forwarded to the Kenora District Municipal Association, Frank Miclash, M.P.P., Bob Nault, M.P. and to all municipalities within the Province of Ontario for their support and endorsement." Resolution #C-167-99 Moved by Councillor Mutton, seconded by Councillor Rowe '-' THAT Correspondence Item D - 1 be received for information. "CARRIED" D-7 Rollo Myers, Co-ordinator, Citizens for the Old Town, advising that Behind the Times Publishing's Ross Frame and Tamara Kure have come up with a great idea which they endorse enthusiastically. In July 1799 American entrepreneur Asa Danforth commenced construction of the "Road to Kingston" linking York, the new capital of Upper Canada Week with earlier settlements to the east, and establishing a starting point for further settlement along the north shore of Lake Ontario. This early highway was intended to provide secure communications and open new lands to settlers, thus encouraging immigration and improving the economy. He stated that Ross has suggested that they mark the bicentennial with a commemorative broadsheet in the style of the Upper Canada Gazette of the period with a page or two devoted to the history of each community along the route. He advised that the plan is to deliver a special Canada Day proclamation from the Mayor of Toronto the Mayor of Kingston by stagecoach, with stops at all communities along the way to distribute the historical broadsheets to renew interest in the early years and in the people and events that shaped the early years of our province. He is asking if this would be of interest to the Municipality ofClarington. (A copy of the rough draft ofthe broadsheet is available in the Clerk's Department.) '-' Council Minutes \.- COMMUNlCA TINS D-9 \.- D- 11 '-' - 18 - March 8, 1999 Resolution #C-] 68-99 Moved by Councillor Mutton, seconded by Councillor Young THAT Correspondence Item D - 7 be referred to the Chief Administrative Offi cer. "CARRIED" Association of Municipalities of Ontario, advising of a resolution passed by the Town of Keamey as follows: "BE IT RESOLVED THAT the Town of Kearney strongly objects to the minimal sentence handed down to the armed robber perpetrator who held up the Kearney Liquor Store on January 9, 1999, with a copy of this motion to go to the Solicitor General, Ernie Eves and all other municipalities." Resolution #C-169-99 Moved by Councillor Mutton, seconded by Councillor Schell THAT Correspondence Item D - 9 be received for information. "CARRIED" Judy Sgro, City of Toronto Councillor, advising of a resolution passed by the City of Toronto Council as follows: "1. the City of Toronto reaffirm its support for deposit/return systems as the preferred mechanism for maximizing diversion and lowering municipal costs; 2. the Province of Ontario be requested to supply to the City Clerk, all correspondence from 1996 to present related to waste diversion between the Corporations supporting recycling (and their member organizations) and the Province of Ontario (specifically the Office of the Premier, the Minister of the Environment, and Consumer and Commercial Relations) and should this information not be forthcoming by March 1, 1999, the City Solicitor be directed to make a Freedom ofInformation request in this regard; Council Minutes - 19- March 8, 1999 \.- COMMUNICATIONS 3. the City Clerk request the Minister of the Environment to appoint a Member of City Council who is a Member of the City's Works and Utilities Committee, in addition to any representation which may be provided by the Association of Municipalities of Ontario (AMO), to sit on the Province's Waste Diversion Organization, in order to ensure that the interests of the City of Toronto are considered; and 4. the Premier of Ontario and the Minister of the Environment be advised of Council's strong objection to: a) having the Corporations Supporting Recycling (CSR) provide executive, professional and administrative services to the Waste Diversion Organization (SDO); and b) the apparent back-sliding in funding for the WDO." Resolution #C-170-99 "-' Moved by Councillor Young, seconded by Councillor Trim THAT Correspondence Item D - 11 be received for information. "CARRIED" D-14 Bob Wade, Mayor, Town of Ancaster, advises that today, municipal leaders face the challenge of planning and delivering livable cities with shrinking financial resources. The Urban Transportation Council of the Transportation Association of Canada (TAC) has considered ways and means to meet that challenge. Their suggestions appear in a briefing entitled ACHIEViNG LiVABLE CiTIES. (A copy of the briefing is available in the Clerk's Department.) He is requesting endorsement of a resolution with respect to a new vision for urban transportation. Resolution #C-171-99 Moved by Councillor Young, seconded by Councillor Rowe THAT Correspondence Item D - 14 be referred to the Acting Director of Planning and Development and to the Director of Public Works for review and preparation of a report. 'w "CARRIED" Council Minutes - 20- March 8, 1999 "-' COMMUNICATIONS D-15 R.A. Dancey, Director of Family Services, Region of Durham, advises that Family Service Ontario wishes to convince the Provincial Government that investing in families is worthwhile. Family Service Ontario is the professional body for 48 family service agencies across Ontario, and the body that accredited their agency. Currently, all agencies must find funding for all people for whom they provide counselling. As a result, people with employee assistance plans can get counselling quickly, while low-income people must wait months for any counselling in areas other than Durham. In many cases, they may face high user fees. They are requesting all interested people in Ontario to write individually to their M.P.P., Premier Harris, Ministers Ecker, Eves, and Witmer, advocating for funding for families in line with the document - Families Work. Resolution #C- I 72-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT a letter of support and endorsement be forwarded from the Council of the Municipality ofClarington ~ "CARRIED" MOTION NOTICE OF MOTION Resolution #C-173-99 Moved by Councillor Trim, seconded by Councillor Mutton THAT the Council of the Municipality of CIa ring ton consider the feasibility of the establishment of Community Police Liaison Committees representing the various policing zones; and THAT as part of the consideration process, Carol Johnson, Executive Director, Crime Concern, Inspector Ross Smith and Staff Sergeant Ted Dionne, be requested to make a presentation to Council at their earliest convemence. "CARRIED" ~ Council Minutes - 21 - March 8, 1999 '-' COMMUNICATIONS REPORTS Report #1 Resolution #C- 174-99 Moved by Councillor Young, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of March I, 1999, be approved with the exception ofItem #8. "CARRIED" Item #8 Resolution #C-175-99 Moved by Councillor Young, seconded by Councillor Trim WHEREAS a report on the Private Sewage Systems in the Hamlet of Orono was received by the former Town of Newcastle on September 20, 1990; "-' WHEREAS significant time has elapsed since the report was received; WHEREAS the report concluded that: 4.1.1 Downtown Core 1. The downtown core is densely developed and as a consequence, at least 74% of the properties have lot sizes and/or ground conditions that preclude the installation of individual Class 4 or Class 6 private sewage systems. 2. Many of the systems are overloaded and discharge raw sewage to the surface during periods of heavy use. 3. During periods of rainfall and/or high ground water base flow the surface waters throughout the downtown core approximate raw sewage. 4. Contaminated runoff water from the downtown core likely contaminates Wilmot Creek and the branch of Wilmot Creek that flows through the southern part ofthe study area. ~ 5. It is apparent that a health risk exists throughout the commercial core of Orono due to inadequate private sewage systems. Council Minutes "-' REPORTS "-' ~ - 22- March 8, 1999 4.1.2 Area Surrounding Core 1. A random survey of 75 lots within the area surrounding the core determined that 20% have lot sizes and/or ground conditions that preclude the installation of individual Class 4 or Class 6 private sewage systems. 2. During periods of dry weather the Peters Pike, Andrews Road, and David's Crescent subdivision and the area bounded by Station Street, Sommerville Drive, Church Street, and Orono Park experience a significant number of cases of sewage breakout and sewage backup. 3. During the periods of rainfall and/or high ground water base flow the surface waters throughout the area surrounding the core approximate raw sewage. 4. It is apparent that a health risk exists throughout the area surrounding the core due to inadequate private sewage systems. This risk is more pronounced within the Peters Pike, Andrews Road, and David's Crescent subdivision and within the area bounded by Station Street, Sommerville Drive, Church Street and Orono Park. For recreational waters, the MOE has established the limits of 100 per 100 ml volume for fecal coliforms and 20 per 100 ml volume for fecal streptococci. The MOE has not established limits for Ecoli or pseudomonas aeruginosa, however, the MOE does use a guideline of 23 per 100 ml volume for E.coli; The levels of contamination in the water sample collected from Wilmot Creek exceed the limit established for fecal streptococci and the guideline recommended for E.coli, and also meet the limit established for fecal coliforms. The excessive levels of pseudomonas aeruginosa also indicate that pathogenic bacteria could be present. These levels are excessive for a watercourse in which children may play, therefore, a regular monitoring program should be established and signs posted prohibiting recreation in the creek whenever excessive levels are present. It is noted that Orono Park is located approximately 200 m downstream from the downtown commercial core, and that public washrooms are located approximately 20 m from the creek within Orono Park. A possible cause of the contamination in Wilmot Creek is surface water runoff from the commercial core and/or the public washroom leaching bed; Council Minutes ~ REPORTS '"' Report #5 \.- - 23 - March 8, 1999 WHEREAS the final recommendation was that the installation of a communal sanitary sewer system within the downtown core and throughout the area surrounding the downtown core should be investigated as a means of alleviating the health risk which exists within the area due to inadequate private sewage system; NOW THEREFORE BE IT RESOL VED THAT the Municipality of Clarington request that the Region of Durham revisit the possibility of health and environmental problems in the downtown core and the area surrounding the downtown core of Orono and determine if a communal sanitary sewage system should move forward on public health grounds and that costs of further investigation be budgeted for by the Region of Durham. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Mutton Councillor Rowe Councillor Schell Councillor Trim Councillor Young Mayor Hamre Councillor Novak Resolution #C-176-99 Moved by Councillor Schell, seconded by Councillor Trim THAT the Confidential Verbal Report of the Solicitor pertaining to a legal matter, Confidential Report ADMIN-8-99 and Confidential Report ADMIN-9-99, be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Councillor Schell made a disclosure of pecuniary interest with respect to Report #5 (SOL-I-99); vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that he is employed by Blue Circle Canada Inc., one of the subjects of the report. Council Minutes \.- REPORTS '-' '-' - 24- March 8, 1999 Resolution #C-I77 -99 Moved by Councillor Mutton, seconded by Councillor Rowe THAT Report SOL-I-99 be received; THAT Council as the approving authority under subsection 5(1) of the Expropriations Act having considered the Report of the Inquiry Officer Mr. Harold S. Go1dkind, Q.C. and for reasons set out in paragraph 5.1 of this report, approves the proposed expropriation of Parts 2, 5, 6, 7, 8, 10, 11 and 12 and the rights-of-way in Parts I and 2 on Plan 40R-17895 for the purposes of reconstruction of the public and privately owned portions of Cove Road, the construction of a bridge over Westside Creek and approaches to the bridge to connect Cove Road to Cedar Crest Beach Road, and to establish Cove Road, the bridge and approaches as a public highway; THAT the Clerk be authorized to cause a copy of the decision and reasons for the decision of Council to approve the proposed expropriation to be served upon all of the parties as required by subsection 8(2) of the Expropriations Act; THAT Council pass a by-law to authorize the Mayor and Clerk to execute a Certificate of Approval on behalf of Council as the approving authority as required by subsection 8(3) of the Expropriations Act; THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality to execute a plan of the land the expropriation of which has been approved for registration in the proper land registry office pursuant to subsection 9(1) of the Expropriations Act; and THAT costs of $200.00 be paid to Mr. Gordon Alexander White, costs of $100.00 be paid to Ms. E. Marsden Barrick and costs of$100.00 be paid to Mr. J. Edmund Barrick from the Pits and Quarries Reserve Fund - Account No. 2900-18-X "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Minutes - 25 - March 8, 1999 '-' REPORTS Recorded Vote Yea Nay Absent Councillor Mutton Councillor Rowe Councillor Trim Councillor Young Mayor Hamre Councillor Novak Disclosure of Pecuniary Interest Councillor Schell UNFINISHED BUSINESS Resolution #C-178-99 Moved by Councillor Schell, seconded by Councillor Mutton WHEREAS Valleys 2000 is a Millenium project that will benefit and serve all of Clarington; '-' AND WHEREAS the proposed Courtice Works at either location is part of a long term plan resulting from a municipally sponsored study regarding the Courtice Corridor; AND WHEREAS the three B.LA.s (Orono, Newcastle and Bowmanville) all continue to work diligently to preserve and enhance Clarington's three historical downtowns; NOW THEREFORE BE IT RESOLVED THAT the following Main Street Ontario Program Funding be adhered to: Bowmanville B.I.A. Newcastle Village RIA Orono RIA Courtice Project Valleys 2000 $12,000 $ 5,000 $ 2,500 $ 6,500 $10,000 THAT the Municipality ofClarington be responsible for the 50% funding for Courtice, Bowmanville, Newcastle and Orono; THAT the said funds be taken from the Impact Escrow Reserve Fund; ~ THAT the respective organizations be requested to notify the Municipality by May I, 1999 of any proposals that would qualify under Main Street Ontario Program; Council Minutes - 26- March 8, 1999 '- UNFINISHED BUSINESS THAT, in the event that any community does not wish to participate or utilize the full extend of the funds available to them, said funds be made available to the remaining groups; and THAT Valleys 200 and all of the B.I.A.s be sent a copy of the Addendum to Report PD-20-99 and notified of Council's decision on this matter. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Yea Nay Absent Councillor Mutton Councillor Schell Councillor Trim Councillor Young Mayor Hamre Councillor Rowe Councillor Novak ..... Resolution #C-179-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT Carl Andognini and Charles Packer be thanked, with appreciation, for their presentation "CARRIED" BY-LAWS Councillor Schell made a disclosure of pecuniary interest with respect to By-laws 99-30 and 99-31; vacated his chair and refrained from discussion and voting on the subj ect matter. Councillor Schell indicated that the by-laws affect his employer, Blue Circle Canada Inc. '-' Council Minutes '-' BY-LAWS "'" '-' - 27- March 8, 1999 Resolution #C-180-99 Moved by Councillor Rowe, seconded by Councillor Trim THAT leave be granted to introduce the following by-laws, and that the said by-laws be now read a first and second time: 99-28 being a by-law to authorize a lease agreement between the Corporation of the Municipality ofClarington and the Clarington Older Adult Association Inc., in respect of a lease for the premises situated at 26 Beech Avenue, Bowmanville; 99-29 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law of the Corporation of the former Town of Newcastle (Sandford Acres (1987) Ltd.); 99-30 being a by-law to authorize the Mayor and Clerk to execute a Certificate of Approval as the approving authority as required by subsection 8(3) of the Expropriations Act; and 99-31 being a by-law to authorize the Mayor and Clerk to execute a plan of the land the expropriation of which has been approved for registration in the proper land registry office pursuant to subsection 9( 1 ) of the Expropriations Act. "CARRIED" Resolution #C-18 I -99 Moved by Councillor Rowe, seconded by Councillor Trim THAT the third and final reading of By-laws 99-28 to 99-31 inclusive, be approved. "CARRIED" . "-' ~- ""-' "-' Council Minutes OTHER BUSINESS - 28- March 8, 1999 Resolution #C-182-99 Moved by Councillor Mutton, seconded by Councillor Trim THAT the meeting be "closed" in order to discuss a legal and two personnel matters. "CARRIED" Resolution #C-183-99 Moved by Councillor Schell, seconded by Councillor Mutton THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" CONFIRMING BY-LAW Councillor Schell made a disclosure of pecuniary interest earlier in the meeting and refrained from discussion and voting on the Confirming By-law. Resolution #C-184-99 Moved by Councillor Young, seconded by Councillor Trim THAT leave be granted to introduce By-law 99-32, being a by-law to confirm the proceedings ofthe Council of the Municipality ofClarington at this meeting held on the 8th day of March 1999, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-185-99 Moved by Councillor Young, seconded by Councillor Trim THAT the third and final reading of By-law 99-32 be approved. "CARRIED" '-'" '-" '-' Council Minutes ADJOURNMENT - 29- March 8, 1999 Resolution #C-186-99 Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 9: 17 p.m. "CARRIED" . ~ ~~MAYOR