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HomeMy WebLinkAbout01/31/2005 '- Cl![pn DATE: MONDAY, JANUARY 31,2005 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on January 17, 2005 DELEGATIONS a) Michelle Hicks, International Aid Cooperation Organization - "IACO Tsunami Relief" '''''"'' b) Peter Zakarow - Official Plan Amendment and Rezoning Applications Regarding Commercial and Residential Development in North Bowmanville (Halloway Holdings and Towchester Developments) (Report #2) c) Bryce Jordan - Official Plan Amendment and Rezoning Applications Regarding Commercial and Residential Development in North Bowmanville (Halloway Holdings and Towchester Developments) (Report #2) d) Kevin Tunney, Tunney Planning - Report PSD-014-05 Amendment to Draft Approved Plan of Subdivision 18T-87021 Zoning By-law Amendment ZBA2004/045 to Permit the Development of 267 Residential Units - Applicant: Liberty Street Developments Inc. (Item #7 of Report #1) '"" CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Council Agenda - 2 - January 31,2005 -- COMMUNICATIONS Receive for Information I - 1 Mayor David Miller, City of Toronto - Bill 135 (Proposed Greenbelt Act) and the Draft Greenbelt Plan I - 2 Sari Liem, M.PL, Community Planner, Hardy Stevenson and Associates Limited - Schedule C Municipal Class Environmental Assessment (EA) - Duffin Creek Water Pollution Control Plant (WPCP) 1-3 Donna Raetsen-Kemp, CEO, Junior Achievement of Eastern Ontario - 2003/2004 Annual Report I - 4 Durham Region Federation of Agriculture - January 2005 Newsletter I - 5 Cathy Abraham, Trustee, Kawartha Pine Ridge District School Board - 2004 Director's Report I - 6 Minutes of the Clarington Agricultural Advisory Committee meeting dated December 9, 2004 -- I - 7 Minutes of the Clarington Traffic Management Advisory Committee meeting dated November 18, 2004 I - 8 Minutes of the Clarington Accessibility Advisory Committee meeting dated January 6, 2005 I - 9 Anne Wright, Chair, Lakeridge Health Board of Trustees - Pre-Budget Consultation on Healthcare Funding for Residents of Durham I - 10 Terry James, President, Durham Region Senior Games - 2005 Awards Luncheon I - 11 Mayor Parish, Town of Ajax - Tsunami Relief Fund I - 12 Marolyn Morrison, Mayor, Town of Caledon - Draft Greenbelt Plan I - 13 Dr. D.L. Reynolds, Associate Medical Officer of Health, The Regional Municipality of Durham - Snapshot on Sexually Transmitted Diseases- December 2004 Brochure 1- 14 Sheree Davis, Director (A), Ministry of Health and Long-Term Care - Ontario's Health System Performance Report 2004 -- I - 15 Axel Starck, P.Eng., Executive Vice President, Veridian Connections - Power Outages in Bowmanville Council Agenda - 3 - January 31, 2005 ........ 1-16 Jocelyn Souliere, President, IPAC Award for Innovative Management - 2005 Competition "Public Service Without Borders" Correspondence For Direction D - 1 Mayor David Miller, City ofToronto - 2005 20-Minute Makeover D - 2 Frank Hoar, Secretary, Newcastle - Bond Head Ratepayers' Association - Leaf Collection D - 3 Dianne McKenzie, Executive Director, Epilepsy Durham Region - Epilepsy Awareness Month D - 4 Janis Steele, District Manager, Easter Seal Society - March is Easter Seals Month D - 5 Christie Morissette - Natural Rubber Latex Allergy D - 6 Maralyn Tassone, Executive Director, Durham Region Unemployed Help Centre - Minister's Award of Excellence ........ D - 7 The Honourable Andy Mitchell, Minister of Agriculture and Agri-Food - Bovine Spongiform Encephalopathy Situation D - 8 Kevin Shkuratoff - Installation of Sidewalk in the Village of Hampton D - 9 Deborah Hunter, Office Administrator, MS Society, Durham Regional Chapter- MS Carnation Month D - 10 Donna Donaldson, Executive Officer, Durham Region Home Builders' Association - New Homes Month D - 11 Brian Denney, Chief Administrative Officer, Toronto and Region Conservation for The Living City - 2005 Mayors' Megawatt Challenge D - 12 David Robinson, Pilgrimage to Hong Kong Tour Coordinator - Request for Support D - 13 Sharon Armstrong and Curtis Kimpton, 2004-05 National Presidents, Kin Canada - Message-of-Support D - 14 Anne Wright, Chair, Lakeridge Health Board of Trustees - Lakeridge Health - Clarington Community Panel ........ D - 15 Confidential Property Matter (Circulated under Separate Cover) Council Agenda - 4 - January 31, 2005 '- MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of January 24, 2005 2. Report PSD-018-05 - Official Plan Amendment and Rezoning Application Regarding Commercial and Residential Development in North Bowmanville - Halloway Holdings Inc. and Towchester Developments Limited UNFINISHED BUSINESS 1. Request to Waive Committee of Adjustment Fees - Boucher and Moore (Tabled at Council- January 17,2005) 2. Appointments to the Newcastle Village Community Hall Board (Applications Circulated under Separate Cover) (Tabled at Council - January 17, 2005) '"- OTHER BUSINESS 1. Appointments to the Samuel Wilmot Nature Area Management Advisory Committee and to the Clarington Museums and Archives Board (Applications Circulated under Separate Cover) 2. Regional Update 3. Boards and Committees Update BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT '- ClNilJglon Council Meeting Minutes January 17, 2005 Minutes of a regular meeting of Council held on January 17, 2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella (attended until 8:10 p.m.) Director of Community Services, J. Caruana (attended until 8:10 p.m.) Director of Planning Services, D. Crome Director of Operations, F. Horvath (attended until 8:10p.m.) Director of Corporate Services, M. Marano (attended until 8:23 p.m.) Director of FinancefTreasurer, N. Taylor (attended until 8:35 p.m.) Director of Emergency Services, G. Weir (attended until 8:23 p.m.) Clerk II, Municipal Clerk's Department, C. Doiron (attended until 8:10 p.m.) Deputy Clerk, A. Greentree Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Pingle indicated that she would be disclosing a pecuniary interest with respect to Correspondence Item. 0-16 - Confidential Property Matter. MINUTES Resolution #C-001-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on December 13, 2004, be approved. "CARRIED" Council Meeting Minutes -2. January 17, 2005 PRESENTATION Resolution #C-002-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Mayor Mutton's State of Clarington Address be added to the Agenda; and THAT Pat Norton be added as a delegation regarding Item #3 of Report #1 (PSD-001-05). "CARRIED" STATE OF CLARINGTON ADDRESS Mayor Mutton provided the following update on 2004: . Building permit revenues, up 24 percent . Commercial building permits - 495 percent . Industrial permits -105 percent . BMA Management survey - Clarington ranked one of top 10 . Clarington Energy Park - being marketed nationally . Holburn Group - science park . New employment opportunities coming to Clarington He summarized the following great things to happen in 2005: Community Services . Bowmanville Indoor Soccer/Lacrosse Bowl- official opening on January 2200, 2005 - Darlington Soccer Club started indoor season on January 3rd, 2005 - 800 players registered, ages 5 to 21, and adult mens and ladies teams . Newcastle Recreation Facility - initiation of a study to assist Clarington to determine specific components of this new complex - residents, local sports organizations and other stakeholders will participate in the process . Brian McFarlane Hockey Museum - staff and project committee to develop a business and marketing strategy for construction and operation of the museum . Courtice Fire Station #4 and Community Policing Centre - the construction is well underway and will open this spring and will provide state-of-the-art firefighting and policing services . Recreational programs reached all-time highs in 2004 and will continue in 2005 . Clarington Sports Hall of Fame - sold out in 2004 and this year's event will take place on October 22nd, 2005. Council Meeting Minutes .3. January 17, 2005 Enoineerino Services . Municipal infrastructure improvements with upgrades to traffic volume capacity and accessibility to Highway 401 . Staff will continue to develop the arterial and collector road network, with a focus on East and west extension of Longworth Avenue - Mearns Avenue to Liberty Street and Regional Road 57 to Green Road and the north south extension of Green Road, Bowmanville and Baseline Road - Green Road to Regional Road 57 . 401 Interchange improvements - reconfiguration of Liberty Street. . Mill Street grade separation in Newcastle . Improvements to nine municipal bridges using Canada-Ontario Municipal Rural Infrastructure Fund . Community Park Development Projects which include: . Bowmanville Community Park - 4 tournament quality lite ball fields . Bowmanville Waterfront Recreation area - improvement to boat launch and fish cleaning station this year , . Port Darlington Waterfront Park - master plan approved - construction in 2006 . Soper Creek Trail - Phase One from Simpson Avenue to Highway 2 completed in 2005 . Port of Newcastle Waterfront Park - staff will investigate the bluffs in preparation of future development . Courtice Water Pollution Control Plant - 160 million dollar Region of Durham investment, the largest infrastruction project the Region has ever initiated. Plannino Services . Development of Community Improvement Plans - Orono and Bowmanville - building on the streetscape works done in 2004 in Bowmanville and focusing on the renewal of town centre. Staff will work with landowners to identify visions and initiate grant and loan programs for building facades and signage . Commercial Policy Review - staff will prepare changes to the Official Plan to accommodate new commercial growth with impact on existing business. . Bowmanville Creek Power Centre, near Baseline Road and Waverly Road, is a 250,000 sq. ft. development with the centerpiece being a home improvement store . Continuation of the commercial development which began in 2004 with 4 plazas in Newcastle, Courtice and two in Bowmanville . Residential growth will continue in Clarington as builders are providing a wide array of housing, from executive homes to new condominium development. New subdivision developments are coming on stream in north Bowmanville and housing construction will continue in Newcastle and Courtice . Planning staff will be rolling out a new web-based information system with interactive mapping. Resident, business and investors will be able to search on-line for information on properties, services, investment opportunities, growth and agriculture. Council Meeting Minutes 4- January 17, 2005 Operations . Staff in our Operations Department will continue their efforts to keep our community clean. The second annual "Pitch-In Week" will take place in April and staff will be advertising this event in hopes of doubling the 2004 volunteer efforts. Staff will investigate the possibility of increased penalties for littering and web site violation reportings. . Staff will continue to focus on energy conservation, road salt management, well- water monitoring and vehicle idling. Economic Development Advances . Clarington will continue to work on plans for the Clarinqton Enerqv Park in Courtice, and the Clarinqton Science and Technoloqv Park- in Bowmanville. Our ongoing relationship with Ontario Power Generation and the University of Ontario Institute of Technology will lead to a diversification of jobs with a strong, highly educated workforce and recognition of Clarington as the "high tech municipality" of the eastem GT A. . Through partnership with the Business Development Manager of the Clarington Board of Trade, we are building ties with the energy sector, including renewable energy. . I am continuing to work with senior govemment officials to see the advanced CANDU reactor come to Clarington. . The planning of the Clarington Energy Park will continue through 2005 . The planning for the Clarington Science and Technology Park will be completed in 2005. We are pleased to be working with the Holburn Group, the anchor business of this park and they will have the first building completed and operational in 2005. To sum up the year in a few words, more recreation wave, more bricks and mortar, more transportation infrastructure, waterfront reclamation and jobs, jobs, jobs! DELEGATIONS a) Alana Saunlier, submitted a petition to Council, requesting that Council consider the addition of white lines on the road to designate areas for on-street parking on Sandringham Drive. Ms. Saunlier stated that the difficulty has arisen as residents have numerous vehicles and the garages do not have adequate space to accommodate these vehicles. b) Maxine Hoos addressed Council in opposition to the recommendations contained in Item #4 of Report #1, the Rezoning By-law Amendment Application Submitted by Kylemore Homes (staff Report PSD-002-05). She has concerns that the area original identified as a golf course is now being proposed for development and requested that the municipality deny the application. c) Frank Snyder was called but was not present. -5- Council Meeting Minutes January 17, 2005 DELEGATIONS d) Peter Sainovski was called but was not present. e) Martin Topolie was called but was not present. f) Pat Norton expressed her concerns with respect to Item #3 of Report #1 (staff Report PSD-001-05). She indicated concern with increased traffic, lack of sufficient parking, and an abundance of commercial properties in Newcastle Village that are yet to be leased. COMMUNICATIONS Resolution #C-003-05 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 1- 7,1- 8, 1- 19, I - 35 and 1-44. I - 1 SOO.GE J - 2 T03.GE 1- 3 A04.GE 'CARRIED" Joyce Marshall, President, VON Durham Region Board of Directors, advising that they continue to offer the following services: . Volunteer Visiting Program . Flu Clinics . WIN Mental Health Case Management . Wellness Clinics . Pet Therapy Volunteer Visiting Program . Private Duty Nursing . Foot Care Services . Alzheimer Community Support Volunteer Program . SELECT Program (supporting Community Living clients and training front-fine staff). John O'Toole, MPP, Durham, submitting an excerpted copy of Hansard for November 15, 2004. He is pleased to have had the opportunity to pay tribute to the Municipality of Clarington in the Ontario Legislature to commend the initiatives to introduce three new buses in the community that are the first to use hydrogen fuel injection. Councillor Neal Snutch, Township of Ramara, Chair of Ontario Small Urban Municipalitie.s (OSUM), inviting Council and Staff to participate in the 52nd Annual Conference and Trade Show, "Strong partnerships - Strong Communitiesn, to be held in the Town of Goderich, Maitland Recreation Centre from May 4th - 7th, 2005. Council Meeting Minutes -6- January 17, 2005 COMMUNICATIONS 1-4 A01.GA 1- 5 C06.CL 1-6 C06.DU 1-9 C06.MU 1-10 C06.LO I - 11 C06.AG 1-12 T03.GO 1-13 F11.GE 1-14 L 11.GE Minutes of the Ganaraska Region Conservation Authority meeting dated October 21, 2004. Minutes of the Clarington Accessibility Advisory Committee meeting dated December 2, 2004. Minutes of the Durham Nuclear Health Committee meeting dated November 19, 2004. Minutes of the Clarington Museums and Archives Board meeting dated December 13, 2004. Minutes of the Local Architectural Conservation Advisory Committee meeting dated November 16, 2004. Minutes of the Clarington Agricultural Advisory Committee meeting dated November 11, 2004. John O'Toole, MPP, Durham, advising Mayor Mutton and Council the Honourable Harinder T akhar, Minister of Transportation, advises that the GO Transit rail services eastward is not part of GO Transit's current Ten- Year Capital Plan. John O'Toole, MPP, Durham, thanking Council for a copy oftheir correspondence to Premier McGuinty regarding Clarington's support of The Township of Agusta's resolution for the Community Reinvestment Fund (CRF). The MPP has noted Clarington as urging the Province of Ontario to either leave the CRF allocation as it is currently or to replace it with another form of funding. Jerry Quellette, MPP, Oshawa, providing a copy of his Private Member's Bill, the "Elected Officials Immunity Act 2004", which he introduced in the Legislative Assembly of Ontario. This Bill, if passed, will provide members of municipal councils and school boards the same privileges, immunities and powers presently granted to members of the Legislative Assembly. The legislation is designed to assist elected officials and municipalities by allowing more freedom of speech and public debate in chamber settings without the reprise of court action. -7- Council Meeting Minutes COMMUNICATIONS 1- 15 SOO.GE 1-16 A01.KA 1-17 E05.GR 1- 18 L 11.GE 1- 20 SOO.GE 1- 21 SOO.GE 1- 22 SOO.GE January 17, 2005 David Webster, District Branch Manager, Canadian Red Cross, forwarding the Canadian Red Cross 2003-04 Annual Report. Ian Macnab, Chief Administrative Officer, Kawartha Conservation, providing the Kawartha Conservation 2005 Preliminary Budget. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, updating Council on Bill 135, the proposed Greenbelt Act, 2004 and draft Greenbelt Plan. He assures that the government is listening to Ontario's electorate, acting in response to the concems, and continuing to create a greenbelt for the Golden Horseshoe. The proposed Act, if passed, would give the government the authority to establish a greenbelt plan, through Order in Council, that would set out the types of land uses that would be permitted and prohibited in the greenbelt area and allow for a permanent greenbelt boundary to be identified by regulation which reflects the recommendations of the Greenbelt Task Force. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, providing the requirements for reporting under the 2004 Municipal Performance Measurement Program (MPMP) and the introduction of performance measures for library services as well as parks and recreation for the 2004 program. Bill Colvin, Chief of Communications, Lakeridge Health Corporation, announcing a $200,000 reduction in funding for physician recruitment and related administrative expenses. The funding was used to advertise for physicians and specialists and to finance incentives for physicians to locate in Durham Region and practice at Lakeridge Health. Clarington, Oshawa, Whitby and North Durham have each formed a physician recruitment task force and the ministry requires that under-serviced area designation and recruitment be a local initiative not led by a hospital. Brian Lemon, CEO of Lakeridge Health Corporation, announcing a 48% increase in Administrative & Support Services savings target - now $8.9 million by applying stricter priorities, innovating and fundamentally changing the way they do business. Rouge Valley Health System and Lakeridge Health Corporation, announcing an agreement to share the following two senior executives as part of a pilot project which will allow the two hospitals to bolster their management teams while helping to reduce overall administrative costs: 1) Darrell Sewell, Chief Human Resources Officer, Lakeridge Health, will provide strategic leadership for Human Resources at both institutions; and -8. Council Meeting Minutes January 17, 2005 COMMUNICATIONS 1- 23 M04.GE 1-24 F11.GE 1-25 AO 1 .AS 1- 26 C10.MO 1-27 C10.MO 2) Norman Rees, Vice President Corporate Services, Rouge Valley Health System, will provide strategic leadership for Finance at Lakeridge Health and continue with his current Corporate Services responsibilities at RVHS (with the exception of Human Resources). Federation of Canadian Municipalities inviting nominations for the. 2005 FCM-CH2M HILL Sustainable Community Awards to honour excellence in municipal service delivery. Federation of Canadian Municipalities informing Council that at a meeting held on December 4, 2004, held in Ottawa, the FCM's National Board of Directors adopted a proposal for sharing the Federal Fuel Tax, commencing in 2005. Roger Anderson, President, Association of Municipalities of Ontario, stating that through the Ontario-AMO Memorandum of Understanding (MOU) and Protocol, the municipal voice now has a place in federal- provincial matters that impact municipal government and commits the Province to see a municipal perspective for federal-provincial discussions. Ron Watkins, Director General, Aerospace and Automotive Branch, Industry Canada, in regards to a resolution endorsed by The Municipality of Clarington in support of the City of Oshawa's resolution for General Motors of Canada's proposed Beacon Project. He assures that it is a key priority of the federal government to ensure that Canada's automotive industry continues to grow and prosper. C. Anne Greentree, Deputy Clerk, City of Pickering, advising that their Council passed the following resolution regarding the Region of Durham Business Case Analysis-For the Potential Transfer of Lower Tier Municipal Transit Services: "THAT Report CAO 06-04 concerning the Region of Durham Business Case Analysis, be received; and THAT Council advise the Region of Durham that the City of Pickering Operations Centre is the physical asset of Pickering and is not to be considered, in whole or in part, for transfer to the Region of Durham; and THAT Council request the Region of Durham to provide a further report on cost sharing and unfunded liabilities to be forwarded to the local municipalities for review and comment; and Council Meeting Minutes -9- January 17, 2005 . COMMUNICATIONS 1- 28 C10.MO THAT the Region maintain the existing level of "GO" funding to the local municipalities at the 2004 funding level for the 2005 Operating year to ensure the viability of the existing local transit operations until transfer to the Region in 2006; and THAT the sharing of Regional Transit costs be based on the traditional funding model of using 100 percent equalized assessment that is used for other Regional services; and THAT copies of this resolution be forwarded to other Durham municipalities." Martin de Rond, Director of Legislative & Information ServiceslTown Clerk, Town of Ajax, advising that their Council passed the following resolution regarding the Regional Transit Amalgamation and Regional Stabilization Reserve: Resolution 1 "THAT the Town of Ajax supports in principle the Business Case Analysis completed by T ottem Sims Hubicki for the Potential Transfer of Lower-Tier Municipal Transit Services to the Regional Municipality of Durham, subject to the following amendments being incorporated into the proposed by-law: THAT the Ajax Transit facility remain in Ajax ownership and leased back to the Region of Durham for a nominal rent, net to the Region paying all expenses; THAT GO Transit funds in 2005 be divided between the area municipalities and the Region of Durham on a ratio of between 50/50 and 60/40 (in favour of area municipalities) subject to negotiations and finalization by Treasurers; THAT governance be via a committee of Regional Councillors reflecting ridership with the northern municipalities (Brock, Uxbridge and Scugog) having one representative, Ajax, Pickering, Whitby and Clarington each having one representative with Oshawa having 2 representatives; THAT the sharing of Regional Transit cost would be 50/50 ridership/assessment phased in over 5 years to 100% equalized assessment." Council Meeting Minutes -10- January 17,2005 COMMUNICATIONS 1- 29 C10.MO Resolution 2 "WHEREAS a triple majority vote will transfer the responsibility for Transit Services from the lower tier municipalities to the Region of Durham effective January 1, 2006; AND WHEREAS the Region of Durham's Five Year Economic and Financial Forecast: 2005 to 2009 identifies significant current and future financial risks and uncertainty associated with the transfer of Transit Services and forecasts a projected 12% increase in the Regional tax rate in 2006; AND WHEREAS 2006 is a reassessment year that will lead to significant assessment related tax increases to many Regional taxpayers; AND WHEREAS the Region of Durham maintains a General Levy Rate Stabilization Reserve Fund to offset the tax rate impacts resulting from financial risks and uncertainties; NOW THEREFORE BE IT RESOLVED that the Town of Ajax requests that the Region of Durham utilize the General Levy Rate Stabilization Reserve Fund in 2006 to mitigate the tax rate increase resulting from the transfer of Transit Services." George Graham, Clerk Administrator, The Township of Brock, advising The Regional Municipality of Durham that their Council passed the following resolution regarding the Business Case Analysis for the Potential Transfer Of Lower-Tier Municipal Transit Service to the Regional Municipality of Durham: "WHEREAS the Council of the Corporation of the Township of Brock on the 28th day of March, 2004, adopted Resolution No. 28-5, which supported in principle the establishment of a Regional Transit System subject to the receipt of a business case financial analysis, as well as the terms and conditions for the transfer prior to rendering a final decision with respect to the transfer of transit to the Region; AND WHEREAS the Region of Durham has prepared a Business Case Analysis dated October 27,2004, together with a draft of the enabling Transfer By-Law; Council Meeting Minutes -11- January 17, 2005 COMMUNICATIONS AND WHEREAS the level of Regional Transit proposed to the rural areas of the Region, such as Brock, is substantially less than that proposed for the Urban Lakeshore Areas, both in the short term and long term; AND WHEREAS the Business Case Analysis proposes that all taxpayers, whether rural or urban should share equally in the cost of the Transit Service, notwithstanding that the disparity in proposed levels of service between the Urban Lakeshore Areas and the rural areas is extreme; AND WHEREAS the Business Case Analysis also has proposed a Transit Service for Brock which needs to be studied further to better provide the service which is needed; AND WHEREAS Brock wants to support and be a part of Regional Transit System, but only on the basis that the costs of the system are equitably distributed based on level of service received, both now and in the future, and that such a system meets the needs of the residents of the community; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF BROCK RESOLVES: 1. THAT the Region of Durham be requested to make the following changes to the proposed transit by-law: 1.1 Provide for a cost sharing formula for area municipalities on the basis of 25% assessment and 75% local service level, commencing January 1, 2006. 1.2 Recognize that the funds received by the Township of Brock for the gas tax rebate are required to be used for service enhancements and to increase ridership. Therefore, the Region is requested that any funds received by the Township for these purposes and still on hand on December 31,2005, be used during 2006 towards the purchase of a new Handi Transit bus to bring the level of service to Brock for Handi Transit to a level consistent with the other areas within the Region. The Region should be responsible for ensuring that the provincial conditions of receiving the gas tax rebate are satisfied including the undertaking of an asset management plan and that the rebate is not lost. This service level should be included as a base service in subsection 2 (b) ofthe proposed by-law. Council Meeting Minutes -12- January 17, 2005 COMMUNICATIONS 1.3 Specify that the proposed "dial-a-bus' service be further studied prior to implementation in 2006. 1.4 That section 2 (b) of the by-law be amended to provide that the fixing of overall revenue hours be guaranteed for only a period of 3 years (as was the case with York Region) and not in perpetuity as that section currently reads. 1.5 That the days and hours of operation of the hand i-trans be made consistent across the Region immediately upon assumption of service by the new Regional Transit Authority and that this service level be included as a base service in subsection 2 (b) of the proposed by-law. 1.6 That section 2 (b) of the by-law be amended to provide for the concept of expanded service (whether that be dial-a-bus or fixed routes) to Brock. 2. That the GO Transit 2005 funds be divided between the area municipalities and the Region of Durham on the ratio between 50/50 and 60/40 (in favour of area municipalities) subject to negotiations and finalization by the Treasurers. 3. That this motion be circulated to the Durham Region area municipalities. 4. That the Regional Solicitor be requested to review the by-law (in particular, sections 2 (e) and (f)) to ensure that assets are preserved as at May 1, 2004, and cannot be sold, mortgaged or otherwise encumbered and that a similar clause be included to prevent the incurring of any significant financial obligations (contracts, borrowing, debenturing, etc.) and depletion of cash, reserves and other assets. 5. That subsection 2 (b) of the proposed by-law be amended to provide for a minimum of one (1) dial-a bus or fixed route bus for each of Uxbridge, Brock and Scugog as the base level of service effective May 1, 2004." 1- 30 C10.MO Donald McKay, Director of Corporate Services/Clerk, The Corporation of the Town of Whitby, advising The Regional Municipality of Durham, that Their Council passed the following resolution regarding Potential Transfer of Lower Tier Municipal Transit Services to the Regional Municipality of Durham: Council Meeting Minutes -13- January 17,2005 COMMUNICATIONS "1. THAT the Town of Whitby further consider supporting the proposed amalgamation of transit services within the Region of Durham subject to the following conditions: (a) THAT guarantees be put in place to protect the job security of Whitby Transit staff, either full or part-time, and that this matter be dealt with as soon as possible during the 2005 transition period; (b) THAT in the case of embedded employees which are not subject to transfer, but which are accommodated within the Whitby Transit budget, financial compensation be negotiated for the 2006 fiscal year to allow adequate time for the Town of Whitby to absorb these costs within other operating budgets; (c) THAT the special transit arrangements currently in place with certain special needs residents be maintained until such time as a better solution is implemented; (d) THAT the existing contractual obligations with Trentway Wagar/Coach Canada for the provision of transit and maintenance services to the Town of Whitby be honoured; and, (e) THAT consideration be given to the Town's Transit Operational Review which identified proposed local service level improvements over a 5-year period; 2. THAT the GO levies collected by the Region continue to be re allocated to the respective municipalities for the continued provision of transit service in 2005; 3. THAT the GO bus service on Highways 2 and 12, in its integrated form with area municipalities, be continued until such time as a suitable and cost-effective alternative is available; 4. THAT, in light of the significant increase in costs as proposed within the business case for Regional Transit, the Region be requested to re-assess their service delivery model and related tax impacts; 5. THAT a copy of Public Works Director's Report, Item 78-04, be forwarded to all area municipalities and the Region of Durham; and, 6. THAT the Town of Whitby Accessibility Advisory Committee be consulted." -14- Council Meeting Minutes January 17, 2005 COMMUNICATIONS 1- 31 C10.MO 1- 32 C10.MO 1-33 C10.MO P.M. Madill, Regional Clerk, The Regional Municipality of Durham, advising that their Council passed the following resolution regarding the Brownfield Regulation and Revisions to the Region's framework for Assessing Site Contamination: "a) THAT the revised 'Framework for Assessing the Potential for Site Contamination and Requirements for Remediation in Site Specific Planning Applications' shown as Attachment 1 to Report #2004-P-4 of the Commissioner of Planning be endorsed; and b ) THAT a copy of Report #2004-P~84 of the Commissioner of Planning be forwarded to the area municipalities, the Urban Development Institute - Durham Chapter, the Durham Environmental Advisory Committee (DEAC) and the Ministry of the Environment." P.M. Madill, Regional Clerk, The Regional Municipality of Durham, advising that their Council passed the following resolution regarding the Changes to the Planning Act resulting from Bill 26, The Strong Communities Act, 2004: "a) THAT the updated procedures for processing Regional Official Plan Amendments, as outlined in Attachment #1 to Report #2004-P-90 of the Commissioner of Planning, and corresponding changes to the procedures for processing Plan of Subdivision and Condominium Applications and Area Municipal Official Plan Amendments, to reflect changes to the Planning Act resulting from Bill 26 be adopted; and b ) THAT a copy of Report #2004-P-90 of the Commissioner of Planning be sent to the area municipalities." P.M. Madill, Regional Clerk, The Regional Municipality of Durham, advising that their Council passed the following resolution regarding the Durham Trail Coordinating Committee - Terms of Reference: "a) THAT the Terms of Reference outlined in Attachment #3 to Report #2004-P-91 of the Commissioner of Planning, to guide the activities of the Durham Trail Co-ordinating Committee, be approved; and b) THAT a copy of Report #2004-P-91 of the Commissioner of Planning be forwarded to the area municipalities and conservation authorities in Durham." -15- Council Meeting Minutes COMMUNICATIONS 1.34 C10.MO 1- 36 C10.MO January 17, 2005 P.M. Madill, Regional Clerk, The Regional Municipality of Durham, advising that at a meeting held on December 15, 2004, their Council passed the following resolution regarding the 2005 Interim Regional Tax Levy: "a) THAT a 2005 Interim Regional Property Tax Levy be imposed on the Area Municipalities for all property tax classes; b) THAT the amount due from each Area Municipality be equivalent to 50% of their respective share of the Regional Property Taxes collected in 2005; c) THAT the 2005 Interim Regional Tax Levy be paid by the Area Municipalities seven days subsequent to the instalment due dates established by each Area Municipality for the collection of their respective interim municipal property taxes; d) THAT the Regional Clerk be requested to advise the Area Municipalities of the imposition of the 2005 Interim Regional Property Tax Levy for all property tax classes; and e) THAT the requisite by-law be approved." Marolyn Morrison, Mayor, Town of Caledon, advising that their Council passed the following resolution regarding the response to the October 2004 Greenbelt Draft Plan: "BE IT RESOL VED THAT Council for The Corporation of the Town of Caledon adopt Planning and Development/Policy Report 2004-93 re: Town of Caledon Response to the October 2004 Greenbelt Draft Plan, as amended; AND THAT Council direct staff to inform the Province that a Greenbelt Plan will generate very significant impacts on local landowners, businesses, and the community at large and, therefore, Caledon: a) strongly recommends that the Greenbelt process be slowed down to allow adequate time for meaningful dialogue and provincial consideration of stakeholder feedback, and to ensure proper integration with other significant Provincial initiatives, particularly the Places to Grow initiative; Council Meeting Minutes -16- January 17, 2005 COMMUNICATIONS b) requests the Province to property document for the public, landowners end communities, the studies, analyses, criteria and methodologies used to develop the Greenbelt Draft Plan including the Plan's external arid internal boundary lines (such as the natural heritage system boundary tines), and allow time for a rigorous public review and discussion of this material prior to the Greenbelt Plan being finalized and because of a lack of documented boundary, Council suggests that the southern boundary of the Greenbelt follow the well documented southern boundary of the Niagara Escarpment Commission and the Oak Ridges Moraine, unless it is already publicly owned Conservation Land or major river corridor; AND THAT given that the Province envisions the Greenbelt as 'permanently protected countryside" set aside from the "urban" to enhance overall quality of life, Caledon therefore: a) requests the Province to provide Caledon with unequivocal assurance that the progressive community policies established by Caledon's Official Plan Amendments 124, 161 and 179 will be deemed to conform to the final Greenbelt Plan and will continue to be the Caledon standard, prior to the Greenbelt Plan being finalized; b) recommends that the Province amend the Greenbelt Draft Plan with respect to aggregates to delete the prohibition on municipal Official Plans being more restrictive, and instead rely on the established Provincial Policy Statement policy framework; c) strongly urges the Province, prior to the Greenbelt being finalized, to proactively establish a comprehensive Provincial strategy addressing all aspects of agricultural viability within and in proximity to the Greenbelt Including: . Levels of compensation for the agricultural community; and . A sustained and robust set of agricultural programs; d) requests the Province that the Plan should not permit new landfill sites since this use is completely counter intuitive to the concept and reality of a Greenbelt; AND THAT Council request the Province give serious consideration to all other comments and recommendations contained in Planning and Development Report 2004-93; -17- Council Meeting Minutes COMMUNICATIONS 1- 37 C10.MO January 17, 2005 AND THAT Council direct staff to forward Planning and Development Report 2004-93 to the Ministries of Municipal Affairs and Housing and Public Infrastructure Renewal, Ernie Eves, M.P.P., the Region of Peel, Credit Valley Conservation, Toronto and Region Conservation and the Niagara Escarpment Commission as the Towns detailed response to the Greenbelt Draft Plan." C. Anne Greentree, Deputy Clerk, City of Pickering, advising that at a meeting held on December 6, 2004, their Council passed the following resolution regarding the Planning and Development Report PD 47-04 Draft Greenbelt Plan: "1. THAT Pickering Council receive Report PD 47-04 as its comments on the provincial Draft Greenbelt Plan, dated October 2004. EBR Registry Number: PF04E0006; and 2. THAT Pickering Council advise the Minister of Municipal Affairs and Housing; (a) THAT Pickering Council continues to support the concept of a permanent greenbelt in the Golden Horseshoe; and (b ) THAT the southem part of the Agricultural Assembly (the . Cherrywood community) be excluded from the greenbelt Plan and that lands east of the Hamlet of Whitevale be added; and (c) THAT the other Greenbelt land use and boundary issues be addressed to: i) delete the Protected Countryside designation from the Rouge Park Neighbourhood, which is within Pickering's existing urban area as identified in the City and Regional Official Plans; and ii) delete the Protected Countryside designation from all of the residential lots approved in Registered Plans of Subdivision along the edge of the Rouge River, south of the Rouge Park neighbourhood to Lake Ontario; (d) THAT the approval of the draft Greenbelt Plan should be delayed until such time as municipalities and other stakeholders have had an opportunity to review the Ministry's supporting documentation; and -18- Council Meeting Minutes January 17, 2005 COMMUNICATIONS 1-38 C10.MO 1-39 P03.GE 1- 40 E08.GE (e) THAT the draft Greenbelt Plan for the Golden Horseshoe as well as other provincial initiatives such as the Planning Act reform are released as a comprehensive package for further consultation; and (f) THAT further examination is required, in consultation with all affected communities, respecting: i) the boundary and rationale for inclusion of hamlets and other rural settlements in the Greenbelt; and ii) the boundaries, extent and rationale of proposed greenbelt and non greenbelt lands in the northeast sector of Pickering. 3. THAT Pickering Council authorize City staff to continue to review and provide technical comments on the draft Greenbelt Plan to the Province after the deadline date of December 12, 2004 to address the issues; and 4. THAT the City Clerk forward a copy of Report PD 47-04 to the Minister ot Municipal Affairs and Housing; the Minister of Public Infrastructure Renewal; the Region of Durham; Durham Region Area Municipalities; the Town of Markham; the Region of York and the Toronto and Region Conservation Authority: Mayor John Gray, City of Oshawa writing to Mayor Ivan Kulichenko, City of Dnipropetrovsk, Ukraine advising that the people of Oshawa will watch with sincere hope that the political crisis in the Ukraine is resolved peacefully and conclusively. The City has passed a resolution expressing Oshawa's hope to the people of that county for democratic justice with a peaceful and just settlement to the present conflict. Neil. T. McKerrell, Chief, Emergency Management Ontario advising that the Emergency Management Regulations were signed on November 22, 2004. The Regulation describes in detail the elements of essential level emergency management programs. Ministry staff have developed this regulation to be consistent with provincial and municipal emergency management program standards previously issued by EMO and in accordance with Section 14 of the Emergency Management Act. Joan Andrew, Assistant Deputy Minister, Integrated Environmental Planning Division, Ministry of the Environment announcing a draft regulation to extend the treatment deadlines contained in the Drinking Water Systems Regulation. -19- Council Meeting Minutes COMMUNICATIONS Resolution #C-004-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item I - 7 be received for information. 1-41 M02.GE 1-42 M02.GE 1- 43 E05.GE 1- 45 P14.GE 1-46 E05.0PA 1-47 L 11.GE 1- 48 M06.ED 1-7 C06.ST January 17, 2005 Enza Cancilla, Hydro One Networks Inc., providing a copy of the Ontario Communities and Hydro One 2005.calendar. Federation of Canadian Municipalities advising that they are positioned to help coordinate efforts among its members and other active parties with their responses to the tsunami disaster in Southeast Asia. Chris Conti, Executive Director, Friends of Second Marsh forwarding the FalllWinter 2004 volume of Wetlands & Wildlife, their official newsletter. John O'Toole, MPP, Durham forwarding a letter from The Honourable Steve Peters, Minister of Agriculture and Food regarding amendments to the Ontario Society for the Prevention of Cruelty to Animals Act. Mr. O'Toole is disappointed that the Minister does not have more direct input into aspects of the Act that affect farm practices. However, he trusts the Minister of Community Safety and Correctional Services will give Clarington's input the attention it deserves. Ministry of Energy announcing the creation of the Ontario Power Authority (OPA) and the appointment of its first Chief Executive Officer, Jan Carr. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing forwarding a copy of the Strong Communities (P/anning Amendment) Act, 2004 which receive Royal Assent on November 30, 2004. Slyvia Terpstra, Director of Education, Kawartha Pine Ridge District School Board forwarding a copy of the 2003-04 Director's Annual Report. Minutes of the St. Marys Cement Community Relations Committee meeting dated December 7, 2004. .CARRIED" Council Meeting Minutes -20- January 17, 2005 COMMUNICATIONS 1-8 A01.GE Minutes of the Kawartha Conservation Authority meeting dated October 27,2004. Resolution #C-005-05 Moved by Councillor Ping Ie. seconded by Councillor Robinson THAT Correspondence Item 1-8 be received for information. "CARRIED" 1-19 SOO.GE Brian Lemon, CEO of Lakeridge Health Corporation, announcing the following two policies to improve services and efficiency at Lakeridge Health: 1) The Discharge Policy for patients who no longer require expensive, specialized hospital beds but who continue to need care to be placed in facilities more suited to their heath care needs; and 2) The First Available and Appropriate Bed Policy to ensure patients can be transferred to appropriate, fully staffed but unoccupied beds at other Lakeridge Health sites, rather than staying in an overcrowded Emergency Department. Resolution #C-006-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item 1-19 be received for information. "CARRIED" 1-35 C10.MO P.M. Madill, Regional Clerk, The Regional Municipality of Durham, advising that their Council passed the following resolution regarding the Greenbelt Draft Plan: "a) THAT the following comments and the contents of Report #2004-P-89 of the Commissioner of Planning be forwarded to the Province as the Region of Durham's response to the Greenbelt Draft Plan: Council Meeting Minutes -21- January 17, 2005 COMMUNICATIONS i) It is essential that the Greenbelt Plan, along with other related initiatives, be presented in a comprehensive package so that their implications can be fully understood. The Province is requested to withhold approval of the Greenbelt Plan until such time as the Growth Plan for the Greater Golden Horseshoe is finalized, after a proper consultation and review process; ii) The Province must consider balancing its interests with a more fulsome recognition of a role for municipalities within the Greenbelt; iii) The Province needs to consider the economic viability of agriculture, while affording a higher level of protection for farmland. The recommendations of the GTA Agricultural Action Plan, endorsed by Regional Council, provides a solid foundation for agricultural land protection and advancing farming as an industry. As part of the Greenbelt Plan, the Province must define how it will be addressing the needs of the agricultural industry; iv) In order to provide municipalities the flexibility to deal with their growth management issues, the Plan must permit the consideration of urban expansions to coincide with the 5-year review of an official plan. A 1 O-year delay for rural communities with relatively little development pressure is not warranted; v) The need for employment lands is of particular concern for rural communities in the Greenbelt. The Greenbelt Plan must be sensitive to such needs and provide the opportunity for the designation of employment lands through expansions to urban areas. It must also permit new or expansions to existing rural employment areas in accordance with the policies of the ROP; vi) The policy to prohibit the extension or expansion of Great Lakes based water and sewer systems to Settlement Areas in the Protected Countryside is of concern as it relates to the ability to provide lake based services to designated urban areas like Orono. The opportunity to provide lake based services, to that community, must not be precluded by the Greenbelt Plan; vii) The Plan must not preclude the potential to extend or expand Great Lakes based water and sewer systems, to rectify a public health or safety or environmental issue; Council Meeting Minutes -22- January 17, 2005 COMMUNICATIONS viii) The Province must ensure a streamlined Environmental Assessment process and infrastructure financing to support Provincial and Regional growth; ix) The lack of a Provincial Growth Management Plan or statements in the Greenbelt Plan to address the issue of growth outside the Greenbelt Areas is of significant concern, as it may inadvertently promote 'leap frog' development to areas with insufficient capacity to sustain such growth; x) A decision on how the Greenbelt Plan impacts on applications submitted prior to the approval of the Greenbelt Protection Act in June 2004, must be made prior to the approval of the Plan, so that the full impact on these applications can be assessed; xi) The need for a Greenbelt Advisory Council is not needed. There are currently well established municipal, inter- municipal and inter-agency relationships to assist the Province in monitoring and reviewing the Greenbelt Plan. However, should the Council be established, its membership must not only reflect the environmental, agricultural, recreational, resource, municipal and development sectors, but must also reflect geographic context. Given the significant area within Durham Region affected by the Plan, the Minister must ensure that the Region and its area municipalities are appropriately represented on the Advisory Council; xii) Bill 135 and/or the Greenbelt Plan must be amended to provide an amendment approval process similar to that used in the ORMCP exercise. The Province should approve the municipal conformity amendments, and this approval should not be subject to OMB appeal; xiii) To provide further context to Schedule 1, the planned major transportation infrastructure, including the extension of the 400 series highways (404, 407) through Durham, must be illustrated to the proposed highspeed Links; . xiv) Schedule 1 of the Plan does not include all hamlets in the Protected Countryside, particularly those within the Oak Ridges Moraine. All the hamlets must be shown, in accordance with the designated hamlets of the ROP. In addition, the Province is requested to clarify the status of the Hamlet of Greenwood. And further, the boundary of the greenbelt area should be modified in order to conform to the easterly and northerly boundaries of the Hamlet of Greenwood as per the City of Pickering Official Plan; Council Meeting Minutes -23- January 17, 2005 COMMUNICATIONS xv) The Plan must be amended to recognize Orono as a 'Town and Village' settlement area, not as a Hamlet; xvi) The Plan must be amended to recognize Columbus as part of the settlement area, outside the Greenbelt Plan area; xvii) The inclusion of the Greenbelt between Courtice and Bowmanville must reflect the Major Open Space urban separators established in the ROP, for almost 30 years; xviii) The delineation of the Greenbelt boundary on Map 'A' of the ROP is not necessary, since the ROP's Agricultural and Major Open Space System designations and policies and the proposed ROP Natural Heritage Systems Mapping and policies, will conform to the polices of the Greenbelt Plan. Therefore, showing the Greenbelt boundary is redundant; and xix) The wording of the Plan, especially as it relates to the definitions, must be consistent with the ORMCP, PPS, and other Provincial Planning documents (I.e. Greater Golden Horseshoe Growth Plan). The harmonization of the wording and definitions between the Plans would avoid confusion and facilitate better implementation of Plans when confronted with interpretation issues and the processing of Planning and development applications; b ) THAT the Province also consider the previous submissions from the Region of Durham on: the Provincial Discussion Paper -'Places to Grow: Better Choices. Brighter Future. A Growth Plan for the Greater Golden Horseshoe'; Provincial Planning Reform; Bill 26 - the Strong Communities Act; Bill 27- the Greenbelt Protection Act; Smart Growth, Brownfields; the draft Drinking Water Source Protection Act; and the GTA Agricultural Action Plan, as input the Greenbelt Draft Plan; and c) THAT a covering letter, emphasizing the Region's position, accompany Report #2004-P-89 of the Commissioner of Planning and be forwarded to the Minister of Municipal Affairs and Housing, the Minister of Public Infrastructure Renewal, the area municipalities, the conservation authorities, all Region of Durham MPPs, and the Opposition Critics to the Ministry of Municipal Affairs." Council Meeting Minutes -24- January 17, 2005 COMMUNICATIONS Resolution #C-007-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item 1- 35 be received for information. 1- 44 M02.GE "CARRIED" Mark Hendrikx, Santa Claus Parade Committee, Village of Newcastle, inviting Mayor Mutton to participate in the 1st Annual Newcastle Santa Claus Parade to be held November 27,2005 beginning at 5:30 p.m. Resolution #C-00B-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item 1-44 be received for information. "CARRIED" Resolution #C-009-05 Moved by Councillor Foster, seconded by Councillor Schell THAT Correspondence Items be approved as per the agenda, with the exception of Items D -1 and D - 5 to D -17, inclusive. D-2 M02.GE D-3 T02.GE "CARRIED" Jennine Agnew-Kata, Executive Director, Literacy Network of Durham Region (LiNDR) requesting proclamation of Family Literacy Week commencing January 24, 2005. (Proclaimed) Alana Saunlier submitting a petition regarding the lack of parking available on Sandringham Drive and requesting Council to consider resolving this on-going problem. The difficulty lies in the fact that most families have numerous cars and the ''two car garage" seems to be designed more as storage spaces than garages. She believes the "parking pass" solution is outrageous-it is preposterous to make people pay to park in front of their own houses. She is proposing that in residential neighbourhoods white lines be drawn on the road to designate areas that are considered safe to park, an idea that the City of Oshawa has adopted. (Correspondence referred to the Director of Engineering Services) Council Meeting Minutes -25- January 17, 2005 COMMUNICATIONS 0-4 D19.GE Peter and Jennie Vermeulen advising that they signed a petition to keep the end of Scugog Street by the same name. Following a meeting on November 30, they now understand that their part of Scugog Street will have to be renamed because it will not have an ext. Whatever new name Council decides on will be fine with them. (Correspondence to the Director of Planning Services) Ron Hooper, Chairman, Board of Management, Bowmanville Business Centre requesting that Council review with Veridian the unusual number of power outages experienced in the downtown core. The number experienced in this area compared to the area west of Regional Road 57 that is serviced by Hydro One is very high. Resolution #C-010-05 D - 1 E05.GE Moved by Councillor Schell, seconded by Councillor Trim WHEREAS the Bowmanville Business Centre has expressed concerns to Council in the correspondence of December 14,2004 regarding the reliability of service and the frequency of power outages; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington advise Veridian Corporation that it supports the current investigation undertaken by Veridian to determine the reason for the power disruptions, and requests that this investigation be pursued aggressively; THAT Veridian Corporation be requested to meet with Hydro One to determine appropriate measures that can be undertaken to ensure infrastructure under their jurisdiction is not having an impact on the reliability of Veridian services; THAT the Ontario Energy Board be provided a copy of this resolution and requested to assist in resolving this critical issue; THAT Veridian Corporation and Hydro One be provided with a copy of Council's resolution and requested to inform the Council of the Municipality and the Bowmanville Business Centre of the results of these investigations at the earliest opportunity; and THAT the Bowmanville Business Centre Chairman, Mr. Ron Hooper, be advised of Council's decision. 'CARRIED" -26- Council Meeting Minutes January 17. 2005 COMMUNICATIONS D-5 C10.MO P.M. Madill, Regional Clerk, The Regional Municipality of Durham, advising that at a meeting held on December 15, 2004, their Council passed the following resolution regarding the Pilot Project to Recycle Agricultural Farm Balewrap: "a) THAT the Region undertake and monitor a twelve (12) month pilot project to receive agricultural farm balewrap at its Waste Management Facility in Port Perry where farmers would be encouraged to deliver, at no charge, their agricultural farm balewrap into a roll off storage container for subsequent processing by others; b) THAT the Region enter into a twelve (12) month agreement with Think Plastics Inc of Waterloo for the collecting and processing of agricultural farm balewrap, at no charge to the Region, into a baleboard type of product for commercial re-use, as outlined in their proposal dated November 19, 2004 (Attachment No. I to Report 2004-WR-1 3); and c) THAT a copy of Report#2004-WR-13 of the Commissioner of Works, be forwarded to the Durham Agricultural Advisory Committee, the Ontario Federation of Agriculture, and all the Area Municipalities within the Region with a request to encourage the local farm community to actively participate in this pilot program as another means of reducing garbage waste and protecting our environment." Resolution #C-011-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 5 be referred to the Agricultural Advisory Committee of Clarington. D-6 C07.GE "CARRIED" C. Anne Greentree, Deputy Clerk, City of Pickering, advising that their Council passed the following resolution regarding the Municipal E/ections Act, 1996, Bill C-261 - Lower the Voting Age: 'WHEREAS the voter turnout across Canada has been steadily decreasing over the years at Federal, Provincial and Municipal elections; and Council Meeting Minutes -27- January 17, 2005 COMMUNICATIONS WHEREAS young people have expressed that they do not feel engaged in the electoral process; and WHEREAS young people have a good knowledge of the electoral process and the way the three levels of government operate through school programs that start in the early grades; and WHEREAS a lowering of the voting age from eighteen to sixteen will have the advantage of reinforcing a pattern of voter participation that will stay with our youth throughout life; and WHEREAS the Member of Parliament for Ajax-Pickering, Mark Holland, has introduced Bill C-261 that if enacted would have the effect of lowering the voting age for Federal elections to sixteen while at the same time ensuring that a candidate must be at least eighteen years of age; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby states its support for Bill C-261 to lower the voting age from eighteen to sixteen at the Federal level; and FURTHER THAT the Legislature of the Province of Ontario be requested to amend the Elections Act, which govems Provincial elections and the Municipal Elections Act, 1996 which governs Municipal elections to lower the voting age from eighteen to sixteen; and AND FURTHER THAT copies of this resolution be forwarded: . The Right Honourable Paul Martin, Prime Minister of Canada . Mark Holland, MP, Ajax-Pickering . Dan McTeague, MP, Pickering-Scarborough East . The Right Honourable Dalton McGuinty, Premier of Ontario . The Right Honourable John Gerretsen, Minister of Municipal Affairs & Housing . The Association of Municipalities of Ontario . Federation of Canadian Municipalities . All Ontario Municipalities . Wayne Arthurs, MPP, Pickering-Ajax-Uxbridge . The Honourable Michael Bryant, Minister Responsible for Democratic Renewal." Council Meeting Minutes -28- January 17, 2005 COMMUNICATIONS Resolution #C-012-05 Moved by Councillor Schell, seconded by Councillor Pingle THAT the resolution of the City of Pickering regarding the Municipal Elections Act, 1996, Bill C-261 - Lower the Voting Age be received for information. "CARRIED" D -7 C10.MO Karen Landry, Clerk, Town of Halton Hills, advising that their Council passed the following resolution: Moved Councillor Rob, Councillor Schell "WHEREAS amalgamations of municipalities in Ontario have created duplicate addresses within the new municipalities; AND WHEREAS the potential for confusion is created due to the Bell 911 system that does not distinguish between duplicate addresses; AND WHEREAS making changes to residential and business .addresses is viewed by the public as inconvenient, costly, . . undeSirable, and unnecessary; AND WHEREAS the City of Hamilton has chosen to challenge the assertion by Bell that it cannot find a technical solution to this 'problem; NOW THEREFORE BE IT RESOLVED THAT The Town of Halton Hills delay making further decisions to eliminate duplicate addresses, with the exception of Arthur and Mary Streets, in Norval, pending the outcome of the Hamilton challenge to Bell to find a technical solution; AND FURTHER THAT The Town of Halton Hills supports the City of Hamilton in its effort to find a technical solution to what appears to be a technical problem; AND FURTHER THAT staff be directed to monitor the progress of Hamilton's challenge' and report back to the Duplicate Street Naming Committee; AND FURTHER THAT Town staff continue to pursue a technical solution with Bell; Council Meeting Minutes -29- January 17, 2005 COMMUNICATIONS AND FURTHER THAT this resolution be forwarded to Bell, CRTC, and all Ontario municipalities." Resolution #C-013-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the resolution of the Town of Halton Hills regarding duplicate addressing be received for information. "CARRIED" D-8 C10.MO Denise Labelle-Gelinas, City Clerk, City of Cornwall advising that their Council passed the following resolution: 'WHEREAS Municipalities across Canada are experiencing a huge shortage of certified Medical Doctors to service their citizens; and WHEREAS the Federal Government must recognize the insufficiency of Medical Doctors and the need to accept a higher level of post secondary applications within the Medical Education; and WHEREAS the Federal Government must also recognize that many of our graduating medical students are lured by the bonuses and higher salaries offered to our Canadian Doctors; and WHEREAS the Federal Government is being urged to create a local provincial lottery system that would recognize 500 provincial students qualified to be accepted into post secondary education within the medical field; and WHEREAS the lottery would offer incentives to Medical Students by offering to enter an Agreement that would pay for up to 50% of the cost of completing their Medical Education and where upon .. acceptance, that the Medical Students also accepts, upon graduating, work for a minimum of five years within the community last resided in prior to the Post Secondary Education. NOW THEREFORE BE IT RESOLVED THAT The Corporation of the City of Cornwall petition the Federal Government to seriously review the proposal of implementing a Medical Student Lottery; and further, that this resolution be forwarded to our local M.P., M.P.P., Federation of Canadian Municipalities, Association of Municipalities Council Meeting Minutes -30- January 17, 2005 COMMUNICATIONS of Ontario and all other municipalities within the province of Ontario for their support." Resolution #C-014-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the resolution of the City of Cornwall regarding the shortage of physicians be referred to the Physician Recruitment Committee. 'CARRIED" D-9 C06.AG Tom Barrie, Chair, Agricultural Advisory Committee of Clarington advising that their Committee considered and endorsed the following resolution of the Township of Adjala-Tosorontio regarding Dairy Herd Improvement (DHI) Funding which was referred from Council: 'WHEREAS DHI is a non-profit organization that provides profitable dairy management solutions to dairy producers and has partnered with the Ontario Ministry of Agriculture and Food that last year provided a $1.4454 million grant to DHI in support of dairy herd management and animal improvement activities making up approximately 12% of the operating budget of the non-profit organization; AND WHEREAS the Bovine Spongiform Encephalopathy Crisis (Mad Cow Disease) has already created a crisis in the agricultural industry including the inability of dairy farmers to get rid of cull cows; RESOLVED THAT the Ontario Government be requested to support the dairy farmers and rural community in general and reinstate DHI funding immediately; AND THAT a copy of this resolution be forwarded to Premier Dalton McGuinty, the Honourable Steve Peters, Minister of Agriculture and Food and Jim Wilson, MPP for Simcoe Grey; AND FURTHER THAT a request be made to all Municipalities in Ontario to support this resolution." Council Meeting Minutes -31- January 17, 2005 COMMUNICATIONS Resolution #C-015-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT the resolution of the Township of Adjala-Tosorontio regarding Dairy Herd Improvement Funding be endorsed. "CARRIED" D -10 C10.MO Township of Wellington North advising that their Council passed the following resolutions: Resolution #1 "WHEREAS the Province of Ontario is currently in consultation with the Association of Municipalities of Ontario, representing all municipalities in Ontario, as well as other municipal organizations regarding the Community Reinvestment Fund (CRF), and WHEREAS the CRF was implemented in 1998 to compensate municipalities for the additional costs associated with services transferred to Ontario municipalities, and WHEREAS annual reconciliations of CRF funding have been done resulting in additional monies for some municipalities, and WHEREAS Wellington North has not received any increase in the CRF funding since amalgamation in 1999, and WHEREAS the loss of CRF funding would result in an unacceptable significant increase in the tax rate creating financial hardship for the residential and business ratepayers of Wellington North, THEREFORE BE IT RESOLVED that the Township of Wellington North request that the Province of Ontario maintain the CRF funding for Ontario municipalities at 2004 levels as a minimum, and THAT should it be deemed necessary to redesign the core funding for Ontario municipalities the current level of funding be considered a minimum level with annual adjustments to reflect inflation and increased municipal responsibilities due to legislative changes from time to time. Council Meeting Minutes -32- January 17, 2005 COMMUNICATIONS THAT a copy of this resolution be forwarded to all municipalities in Ontario, and THAT a copy of this resolution be forwarded to The Premier of the Province of Ontario, the Minister of Finance for the Province of Ontario and the MPPs Ted Arnott and Ernie Eves." Resolution #2 'WHEREAS the Minister of Finance has recently announced that a portion of the gas tax levied across Ontario will be earmarked for municipalities with public transportation systems, and WHEREAS the collection of the gas tax was intended to be used to upgrade and maintain the roads across the Province of Ontario, and WHEREAS the maintenance of numerous provincial highways has been transferred to area municipalities, and WHEREAS the gas tax is collected across the whole of the province, and THEREFORE BE IT RESOLVED that the Township of Wellington North request that the Province of Ontario provide a portion of the gas tax collected to all Ontario municipalities for the improvement and maintenance of municipal roads and bridges, and THAT a copy of this resolution be forwarded to all municipalities in Ontario, and THAT a copy of this resolution be forwarded to The Premier of the Province of Ontario, the Minister of Finance for the Province of Ontario, and the MPPs Ted Arnott and Ernie Eves." Resolution #C-016-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the resolutions of the Township of Wellington North regarding the Community Reinvestment Fund and the gas tax be received for information. "CARRIED" Council Meeting Minutes -33- January 17, 2005 COMMUNICATIONS D - 11 C10.MO Pat Madill, Regional Clerk, Regional Municipality of Durham advising that their Council adopted the following recommendation of the Joint Health & Social Services and Works Committee: .a) THAT the Ontario Ministry of the Environment (MOE) be urged to continue groundwater monitoring at and around the Oshawa Skeet and Gun Club for the life of the berm; b) THAT the Lieutenant Governor in Council be urged to amend Regulation 347 under the Environmental Protection Act by ending the exemption of paper fibre biosolids or products derived from them such that their spread and/or storage is subject to a provisional/certificate of approval issued by the MOE; c) THAT the Govemment of Ontario be urged to pass Bill 125, the Environmenta/ Protection Amendment Act, 2004, respecting the regulation of the spreading and/or storage of paper fibre biosolids or products derived from them; d) THAT the MOE be urged to place a moratorium on the construction of paper fibre biosolids and Sound-Sorb berms; e) THAT the MOE be urged to place a moratorium on the stockpiling and storage of paper fibre biosolids on farmlands; and f) THAT the Premier of Ontario, Ministers of the Environment and Health & Long-Term Care, Durham's MPPs, municipal Councils and. conservation authorities, Chief Medical Officer of Health, alPHa, Independent Expert Panel on Sound-Sorb, Biosolids Utilization Committee, AMO, the Provincial opposition and environment critics, be so advised." Resolution #C-017-05 Moved by Councillor Foster, seconded by Councillor Pingle THAT the resolution of the Regional Municipality of Durham regarding groundwater monitoring at and around the Oshawa Skeet and Gun Club be endorsed. .CARRIED" Council Meeting Minutes -34- January 17,2005 COMMUNICATIONS D - 12 C10.MO Carolyn Downs, City Clerk, City of Kingston, advising that their Council passed the following resolution regarding the Child Benefit Supplement: 'WHEREAS the National Child Benefit Supplement (NeBS), up to approximately $100.00 a month per child, is meant to give our poorest and most vulnerable children a better chance in life, and; WHEREAS the former Ontario Conservative government, in addition to reducing social assistance entitlements (Ontario Works and ODSP) by 21.6%, began deducting the National Child Benefit Supplement (NCBS) dollar for dollar from these families, rendering them unable to achieve an adequate standard of living, and; WHEREAS the Provincial Liberal government continues the National Child Benefit Supplement (NCBS) claw back, and has made a commitment to review this practice, and; WHEREAS one in five children in Ontario live in poverty and entitlements for social assistance recipients fall far below the estimated net liveable income threshold; . THEREFORE BE IT RESOLVED THAT Kingston City Council call on the Ontario government to stop the National Child Benefit Supplement claw back; -and further- BE IT RESOLVED THAT a copy of this resolution be sent for action to the Honourable Dalton McGuinty, Premier; the Honourable Sandra Pupatello, Ontario Minister of Community & Social Services, the Honourable Maria Bountogianni, Ontario Minister of Children & Youth Services, the Honourable John Gerretsen, Ontario Minister of Municipal Affairs & Housing, and for endorsement to the Association of Municipalities of Ontario; and all Ontario municipalities with populations greater than 50,000." Resolution 00-018-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the resolution of the Township of Wellington North regarding the Community Reinvestment Fund be endorsed. "CARRIED" Council Meeting Minutes January 17, 2005 .35- COMMUNICATIONS D - 13 C10.MO P.M. Madill, Regional Clerk, The Regional Municipality of Durham, requesting Council's position on the Region of Durham Transit By-law. This by-law will transfer all of the lower-tier power relating to public transportation systems, other than highways, to the Region from all of its lower-tier municipalities. In accordance with the Municipal- Act, the by-law shall not come into force unless: a) a majority of all votes on the council of the upper-tier municipality are cast in its favour; b) after the by-law is passed. a majority of the councils of all its lower-tier municipalities have passed resolutions giving their consent to the by-law; and c) the total number of electors in the lower-tier municipalities that pass resolutions under clause (b) form a majority of all the electors in the upper-tier municipality. Resolution #C-019-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the Council of the Municipality of Clarington consents to the passing of Regional Municipality of Durham By-law 85-2004 regarding the transfer of public transportation systems, other than highways, to the Region from all of its lower tier municipalities. "CARRIED" D -14 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington requesting that the Municipality sponsor a bowling lane at a cost of $250 for the annual "Bowl for Kids' Sake". Lane sponsorship will entitle supporters to a personalized 4 x 4 vinyl sign, hung over the lane for the entire month of February. Supporters will be acknowledged in printed materials associated with this event including an ad in the paper at the conclusion of the event. Resolution #C-020-05 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Correspondence Item D - 14 be referred to the Manager of Marketing and Communications. "CARRIED" Council Meeting Minutes .36- January 17, 2005 COMMUNICATIONS D - 15 S07.GE Sid Ryan, President, Canadian Union of Public Employees seeking support for child care and early childhood education. He asks that we join CUPE in pressing the Ontario and federal governments to move quickly in creating a new national child care program. Firstly, he asks Council to join with municipalities that have approved motions calling on federal, provincial and territorial ministers to use their January meeting to forge a deal and secondly, to write to Premier Dalton McGuinty and Children and Youth Services Minister Marie Bountrogianni to request a meeting with child care stakeholders, including municipalities, labour, the child care coalition and others to discuss how Ontario can help move the federal agenda forward in a direction that will work for families in the province. Resolution #C-021-05 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item D -15 be received for information. "CARRIED" Resolution #C-022-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Items D - 16 and D - 17 be referred to the end of the agenda to be considered at a .closed" meeting. "CARRIED" NOTICE OF MOTION REPORTS Report #1 - GPA Report - January 10, 2005 Resolution #C-023-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of January 10, 2005, be approved with the exception of Item #4. .CARRIED" Council Meeting Minutes -37- January 17, 2005. REPORTS Item #4 - Amendment To Draft Approved Plan of Subdivision 18T -96013 Zoning By-law Amendment ZBA2004/048 To Permit the Development of 245 Residential Units; Applicant: Kylemore Homes Resolution #C-024-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-002-05 be received; THAT the applicant be advised that the Municipality requires all new lots in former Block 163 be standard depth (minimum 33 metres); THAT the applications to amend Draft Approved Plan of Subdivision 18T-96013 and Zoning By-law 84-63, submitted by Kylemore Homes to permit the development of 245 residential units be referred back to staff for further processing and the preparation of a subsequent report; and THAT all interested parties listed in Report PSD-002-05 and any delegations be advised of Council's decision. "CARRIED" Report #2 - Official Plan Amendment No. 39 Resolution #C-025-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report CLD-02-05 be received; and THAT By-law 2004-258 being a by-law to adopt Amendment No. 39 to the Clarington Official Plan to amend the Port Darlington Secondary Plan be repealed and a new by-law to adopt Amendment No. 39 be passed. "CARRIED" Council Meeting Minutes .38- January 17, 2005 REPORTS Report #3 - Confidential Personnel Matter Resolution #C-026-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Confidential Report COD-002-05 regarding a personnel matter be referred to the end of the Agenda to be heard during a "closed" session. "CARRIED" UNFINISHED BUSINESS Resolution #C-027 -05 Moved by Councillor Schell, seconded by Councillor Foster THAT the delegation of Alana Saunlier be referred to the Director of Engineering Services. "CARRIED" Resolution #C-028-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT the reading of the By-laws be referred to the end of the agenda to be considered following the "closed" session of Council. "CARRIED" OTHER BUSINESS a) Appointments to the Newcastle Village Community Hall Board and to the Animal Advisory Committee Resolution #C-029-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT the appointments to the Newcastle Village Community Hall Board and to the Animal Advisory Committee be tabled to the Council Meeting of January 31, 2005. "CARRIED" Council Meeting Minutes January 17, 2005 -39- OTHER BUSINESS Resolution #C-030-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for ten minutes and convene in "closed" session to discuss property and personnel matters. "CARRIED" The meeting reconvened in "closed" session at 8:20 p.m. Councillor Pingle left the "closed" session at 8:53 p.m. as she had a pecuniary interest with respect to Correspondence Item D-16. Resolution #C-031-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session be ratified. "CARRIED" BY-LAWS Resolution #C-032-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-001 to 2005-006 inclusive, and that the said by-laws be now read a first and second time: 2005-001 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Northglen Land Corp.) 2005-002 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Deloitte & Touche, Toronto, Ontario, to enter into an agreement for the Audit Services, for the Finance Department 2005-003 being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to offer to grant an easement to the Regional Municipality of Durham 2005-004 being a by-law to adopt Amendment No. 39 to the Clarington Official Plan and to repeal By-law 2004-258 Council Meeting Minutes -40- January 17,2005 BY -LAWS 2005-005 being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2005 2005-006 being a by-law to amend By-law 2004-020, a by-law to appoint Members to the Newcastle Arena Board Resolution #C-033-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-001 to 2004-006 inclusive, be approved. "CARRIED" CONFIRMING BY-LAW Councillor Pingle stated a pecuniary interest during the "closed" session, vacated her chair and refrained from voting on the confirming by-law. Resolution #C-034-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-007 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 17th day of January, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-035-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-007 be approved. "CARRIED" -41- Council Meeting Minutes ADJOURNMENT Resolution #C-036-05 Moved by Councillor Pingle, seconded by Councillor Foster THAT the meeting adjourn at 8:56 p.m. "CARRIED" MAYOR MUNICIPAL CLERK January 17, 2005 I - 1 Mayor David Miller, City of Toronto, submitting a copy of correspondence to the Honourable John Gerretsen, regarding Bill 135 (proposed Greenbelt Act) and the Draft Greenbelt Plan, commending and supporting him on the introduction of Bill 135 to establish a permanent Greenbelt across the Greater Golden Horseshoe area to manage growth in the Greater Golden Horseshoe. SUMMARY OF CORRESPONDENCE JANUARY 31,2005 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 2 Sari Liem, M.PL, Community Planner, Hardy Stevenson and Associates Limited, submitting a copy of a public information report, to be displayed in the Clerk's office, regarding the undertaking of Schedule C Municipal Class Environmental Assessment (EA) to identify a preferred method of providing additional capacity at the Duffin Creek Water Pollution Control Plant (WPCP). I - 3 Donna Raetsen-Kemp, CEO, Junior Achievement of Eastern Ontario, presenting a copy of the 2003/2004 Annual Report, the first major snapshot of their new adventure in education as Junior Achievement of Eastem Ontario. I - 4 Durham Region Federation of Agriculture providing a copy of the January 2005 Newsletter. I - 5 Cathy Abraham, Trustee, Kawartha Pine Ridge District School Board, submitting a copy of the 2004 Director's Report. I - 6 Minutes of the Clarington Agricultural Advisory Committee meeting dated December 9, 2004. (Copy attached) I - 7 Minutes of the Clarington Traffic Management Advisory Committee meeting dated November 18, 2004. (Copy attached) I - 8 Minutes of the Clarington Accessibility Advisory Committee meeting dated January 6,2005. (Copy attached) I - 9 Anne Wright, Chair, Lakeridge Health Board of Trustees, submitting her speaking notes to the Pre-budget Consultation on health care funding for the residents of Durham and other Ontario communities served by rural and multi-site hospitals. Summary of Correspondence -2- January 31, 2005 1- 10 Terry James, President, Durham Region Senior Games, advising Mayor Mutton of the Durham Senior Games, for citizens 55 years and older. The 2005 Awards Luncheon will be held in mid June in Whitby and 2006 in Ajax; moving each year until all eight municipalities are served. Their goal is to expand the image and involvement of the program throughout the Region of Durham. I - 11 Mayor Parish, Town of Ajax, advising that at a meeting held on January 10,2005, their Council passed the following resolution regarding the Tsunami Relief Fund: 'WHEREAS a devastating earthquake and tsunami occurred on December 26, 2004, resulting in the death of some 150,000 people in several countries in southeast Asia and Africa; AND WHEREAS the affected countries and survivors are experiencing immense suffering and face an enormous challenge in rebuilding their lives and communities; AND WHEREAS individuals, businesses, organizations, agencies and governments around the world are responding to provide assistance; NOW THEREFORE BE IT RESOLVED THAT: 1. That the Town of Ajax contribute $5,000 to the Canadian Red Cross Southeast Asia Earthquake & Tsunami Relief Fund. 2. That the Canadian Red Cross be invited to place Southeast Asia Earthquake & Tsunami Relief Fund donation boxes at various Town facilities, such as the Town Hall, Ajax Community Centre, McLean Community Centre, and the Ajax Public Library Main Branch. 3. That the Town provide appropriate support, as determined by the Chief Administrative Officer, for the fundraising event planned for January 29, 2005 at Deer Creek Golf and Country Club. 4. That the Town provide information to residents on matters such as relief agencies accepting donations and the fund raising event." 1-12 Marolyn Morrison, Mayor, Town of Caledon, writing to The Honourable Steve Peters, Minister of Agriculture and Food, requesting a meeting in regards to the Draft Greenbelt Plan which requires Provincial Ministries to work simultaneously together in order for it to be successful to ensure our agricultural communities have the necessary resources and infrastructure to continue to farm. Summary of Correspondence - 3- January 31, 2005 I - 13 Dr. D.L Reynolds, Associate Medical Officer of Health, the Regional Municipality of Durham, providing a copy of the "Snapshot on Sexually Transmitted Diseases - December 2004" broChure. 1-14 Sheree Davis, Director (A), Ministry of Health and Long-Term Care, forwarding a copy of the "Ontario's Health System Performance Report 2004". 1-15 Axel Starck, P.Eng., Executive Vice President, Veridian Connections, writing to Ron Hooper in response to correspondence regarding power outages in Bowmanville. Mr. Starck states the unusually high number of outages have not gone unnoticed nor are they acceptable by Veridian Connections. Veridian Connection is in discussions with Hydro One to seek answers and a solution. 1- 16 Jocelyn Souliere, President, I PAC Award for Innovative Management, advising of the theme for the upcoming 2005 competition "Public Service Without Borders" sponsored by IBM Canada and KPMG. CORRESPONDENCE FOR DIRECTION D - 1 Mayor David Miller, City of Toronto, inviting the municipality to participate in the "2005 20-Minute Makeover" to be held on Friday, April 22, 2005. The purpose of the event is to have employees, students and citizens go outside for 20 minutes on a Friday afternoon and pick up litter around their workplace, school or home. (Motion to refer correspondence to the Director of Operations) o - 2 Frank Hoar, Secretary, Newcastle - Bond Head Ratepayers Association, regarding several bags of leaves lying on streets in Newcastle that were missed being picked up at the proper time. He requests that they be picked up when convenient. (Motion to refer correspondence to the Director of Operations) D - 3 Dianne McKenzie, Executive Director, Epilepsy Durham Region, requesting the proclamation of March 2005 as "Epilepsy Awareness Month". (Motion to Proclaim) D - 4 Janis Steele, District Manager, Easter Seal Society, requesting the proclamation of March 2005 as "March is Easter Seals Month". (Motion to Proclaim) Summary of Correspondence - 4- January 31, 2005 D - 5 Christie Morissette, advising of her concerns regarding the use of latex balloons at municipal facilities. Mr. Morissette is requesting Council address the effect that latex can have on those who are allergic to it- Natural Rubber Latex Allergy (caused by overexposure to latex). The residue from the balloons aerosolizes and coats surfaces, in addition to the ventilation system. (Motion to refer correspondence to staff) D - 6 Maralyn Tassone, Executive Director, Durham Region Unemployed Help Centre, advising that they were recipients of the "Minister's Award of Excellence" granted by the Ministry of Training, Colleges and Universities to community-based agencies and colleges that deliver the Job Connect Program. She requests Council's acknowledgement of this award to be placed in their display case along with the trophy. (Motion to acknowledge achievement) D - 7 The Honourable Andy Mitchell, Minister of Agriculture and Agri-Food, thanking the municipality for their support of the resolution of the Town of North Perth, regarding support of red meat producers due to the bovine spongiform encephalopathy situation and the reopening of the US border to Canadian live animals. In September 2004, he announced a four-point, "made in Canada" strategy, to assist the livestock industry in repositioning itself to ensure its long-term viability. (Motion to refer correspondence to the Clarington Agricultural Advisory Committee for their information) D - 8 Kevin Shkuratoff, requesting the installation of a sidewalk on the west side of King Lane in the Village of Hampton. Mr. Shkuratoff has an issue with the students attending M.J. Hobbs walking on King Lane to school. (Motion to refer correspondence to the Director of Engineering Services) D - 9 Deborah Hunter, Office Administrator, MS Society, Durham Regional Chapter, requesting the proclamation of May 2005 as "MS Carnation Month" and permission to sell carnations on the weekend of May 6 and May 7,2005. (Motion to Proclaim and grant permission to sell carnations) D - 10 Donna Donaldson, Executive Officer, Durham Region Home Builders' Association, requesting the proclamation of April 2005 as "New Homes Month" and inviting Mayor Mutton to be a guest on March 15,2005 at General Sikorski Hall, Oshawa with other Municipal Mayors of Durham Region. (Motion to Proclaim) Summary of Correspondence -5- January 31, 2005 D - 11 Brian Denney, Chief Administrative Officer, Toronto and Region Conservation for The Living City, inviting the Municipality of Clarington to join in the 2005 Mayors' Megawatt Challenge and requesting funding in the amount of $2,500 to support the expansion for continuing the challenge in 2005. (Motion for Direction> D - 12 David Robinson, Pilgrimage to Hong Kong Tour Coordinator advising that in November 2005 a determined group representing the 136 surviving "Battle of Hong Kong" Canadian veterans will be making a pilgrimage to the site of one of Canada's military defensive stands - Hong Kong. The veterans have asked that the students from the high schools of Durham Region accompany them on this historic pilgrimage. There will be over 180 students, teachers, and family members from Durham Region schools (including Courtice Secondary School) traveling to Hong Kong next November to join the veterans in a ceremony attended by the Canadian Government, the Government of China, and local Hong Kong dignitaries. The students will be creating a 'We Remember Memorial Capsule" that has received official permission to be enshrined in the war cemetery in Hong Kong. As guests of honour in the various events, for security and to show their national pride their group is going to be wearing specially designed dress sweatshirts with a crest depicting our "Pilgrimage to Hong Kong Tour". As each of the travelers is paying for the cost of this trip, it is Mr. Robinson's hope that the four municipal councils will pay one-quarter of the purchase cost of these shirts at a total cost of $7,000.00. This sponsorship of $1,750. to each municipality, would also include the crest of each municipality being stitched onto the sweater, appropriate to the home of the travelers. (Motion for Direction) D - 13 Sharon Armstrong and Curtis Kimpton, 2004-05 National Presidents, Kin Canada, requesting Council to support their annual "Message-of - Support" campaign so that their members can continue to provide assistance to many groups, organizations and individuals that rely on them. By helping to build arenas, they are helping to build communities. By supporting blood clinics, food banks and telephone help lines, they are supporting neighbours. By fighting debilitating diseases like cystic fibrosis and multiple sclerosis, they are fighting for a brighter future for the thousands of Canadians who live with these afflictions. (Motion for Direction - Note: In 2004 the municipality purchased a 1/12 page ad at a cost of $250) D - 14 Anne Wright, Chair, Lakeridge Health Board of Trustees, requesting a representative from Council be designated to help shape the future of Lakeridge Health services by becoming a member of the Clarington Community Panel. She provides an explanation of the role, membership and the application process. (Motion for Direction) Summary of Correspondence - 6 - January 31,2005 D - 15 Confidential Property Matter (Circulated under Separate Cover) (Motion for Direction) 1-6 CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING THURSDAY, DECEMBER 9, 2004 MEMBERS PRESENT: Tom Barrie Gerald Brown Bill Hasiuk Gary Jeffery Dave Davidson Brenda Metcalf Jennifer Knox Eric Bowman Ted Watson Councillor Gord Robinson STAFF: I , y REGRETS: GUESTS: Faye Langmaid Susan Hajnik John Vaneyk Neil Allen Marlene Werry John Redman, Durham Farm Fresh Suzanne McCrimmon, Clarington Board of Trade Chair called the meeting to order at 7:35 p.m. Adoption of Aqenda 04-35 Moved by Bill Hasiuk, Seconded by Gord Robinson 'That the Agenda for December 9, 2004 be adopted" "CARRIED" Approval of Minutes 04.36 Moved Gary Jeffery, Seconded by Jennifer Knox 'That the minutes ofthe November 11,2004 meeting be approved as corrected. " Clarington Agricultural Advisory Committee December 9,2004 "CARRIED" John Redman, Durham Farm Fresh John Redman is the Chairperson of the Durham Region Farm Fresh Marketing Association. The mandate of the association is to promote the sales of fresh produce/products grown within the Durham Region by it's membership. Committee was provided with a copy of their brochure for the 2004-2005. This pamphlet is produced in part with the assistance of the Durham Region. Approximately 60,000 brochures were distributed with local newspapers and another 20,000 were handed out at fairs and markets. Membership to the association is $150 for the year, with an additional $400 if you wish to have a Farm Fresh sign located on your property. This allows you to have your farm and contact information listed on the brochure and on the associations web site www.durhamfarmfresh.ca. You can find a list of area members as well as links to some of their own websites. Mr. Redman indicates that he receives four or five calls a week from people who are looking for information about the area or where they can obtain local produce. It is felt that area farmers are not taking advantage of this opportunity to market their goods. Board members are needed from the Clarington area, and new members or those wishing to volunteer their services are always welcome. Suzanne McCrimmon. Clarinaton Board of Trade The Clarington Board of Trade is in the process of putting together it's Strategic Plan for 2005. Suzanne has attended this meeting to bring forth some ideas for Committee to consider. They include: . Window decals for vehicles displaying a farm/agriculture theme. The decals would say something like "Eat local produce" or "If you ate today thank a farmer" . Salute to Agriculture - Suzanne would like to organize an event, see additional comments below under "Farm Safety Event" . Farmers Market - There has already been interest expressed in this idea. The current feeling is that this market would be somewhere in Orono or Newcastle. The location would be finalized later, but the plan is to attempt to catch some of the highway traffic headed north in the summer months. This market would be kept to farmers and farm bi-products only. If you eat it, grow it or bake it, it would be eligible for the farm market. Committee members feel that the idea of a Farm Market it worth perusing. Robinson, Suzanne McCrimmon, Brenda Metcalf and Tom Barrie will forma committee and report back on ideas and concepts to see this idea through. Gord a sub- Clarington Agricultural Advisory Committee December 9, 2004 Correspondence. Council Items 04-37 Moved by Bill Hasiuk. Seconded by Gord Robinson "That the AACC endorse the resolution passed by the council of the Township of Adjala-Tosoronito regarding dairy herd improvement funding" "CARRIED" Report PSD-160-04 from the Planning Services Department called Comments on Provincial Draft Greenbelt Plan was received for information. 04-038 Moved by Dave Davidson, Seconded by Eric Bowman 'That Report PSD-057-D4 from the Planning Services Department called Durham Biosolids Master Plan Study be received for information." Farm Satetv Dav 2005 04-039 Moved by Eric Bowman, Seconded by Brenda Metcalf 'That we do not host a Farm Safety Day for 2005 but rather focus or attention to finding alternative ways to educate the public about agriculture in C/arington." "CARRIED" A sub-committee will be formed to assist Suzanne McCrimmon with organizing a "Salute to Agriculture". Jennifer Knox and Dave Davidson from this committee volunteered to assist. It is felt that Ms. Mary-Ann Found will also be interested in helping out. Reports from Representatives on other Committees 407 Committee Has not met since our last report. Clarington Agricultural Advisory Committee December 9, 2004 Durham Federation of Aariculture No report. DAAC DAAC members are appealing to the Region to have a voice on the CNE Agricultural Committee. They are requesting that a.member of DAAC sit on the CNE Committee. At the last joint PlanninglWorks Committee meeting there was a report from the Region regarding Slow Moving Vehicle Signs. The Regional Works staff does not appear to be in favour of using these signs; however, there political will building to have the signs installed. Regional staff were asked to rewrite the staff report with a favourable recommendation. Stay tuned for a decision soon. The bale wrap operation should be up and operational soon. This will be a full time operation. Future Aqenda Members would like to see discussion on Biosolids Meeting be adjourned 9:35 pm Clarington Agricultural Advisory Committee December 9, 2004 Location: Present (Voting Members) I - 7 Minutes-approved bv committee MINUTES Clarington Traffic Management Advisory Committee Thursday November 18, 2004 I~ Enter via Municipal Administrative Centre, 40 Temperance St. Bowmanville, thru the north door on Church St. Clayton Morgan, David Duffie, Dirk Zinner, Shane Morris, Ron Radcliffe, Wayne Godwin, Fred Johns, Andrew Kozak, Dave Rickard, Gord Lee :,'1 Present Leslie Benson, Tony Cannella, Ron Baker, Stuart McAllister (Non-Voting Members) Regrets: Don MacArthur, Keith Richards, Ross Libbey, Glenn Wallis Absent: Brendon Nightingale Secretary: Donna Van Schyndel 1) Minutes of previous meeting (October 21, 2004) The minutes were approved. Moved by; Wayne Godwin Seconded by Shane Morris. CARRIED 2) Items for information a) Road Watch-(Ron Radcliffe) Ron Radcliffe advised that there were 31 citizen report forms. Road Watch Insignia on Roads Ron Baker will check with the Town of Whitby to inquire about arranging for this work to be done during 2005. Date Location # of Violations 39 105 89 28 71 22 45 57 88 40 Page 2 of 4 CTMAC Minutes Thursday, November 18,2004 Traffic Watch Update-(Ron Baker) Figures sent to the Durham Regional Police since the last CTMAC meeting is as follows: October 6 October 8 October 12 October 13 October 18 October 19 October 26 October 27 October 28 November 1 Conc. Rd. 6, Solina Conc. Rd. 8, Leskard Trolls Rd./Mitchell Corners Old Scu 0 , Ham ton Conc. Rd. 7, Lan aid Nash Rd./Fourth Ave. Conc. Rd. 3 at Lockhart Old Scu 0 at Mar leah Conc. Rd. 8, Leskard Conc. Rd. 6, Solina b) Highway 407 update (Ross Libbey, Leslie Benson) Leslie Benson advised that there was nothing new to report and the December meeting has been cancelled. c) Bowmanville Community Improvement Plan Update (Clayton Morgan) The new street lights are now installed. The interlocking brick at the intersections will be held off until the spring. There are a feW deficiencies and consultants are looking into these items. 3) Agenda Items for discussion a) Items ofInterest to tbe Committee Explosion at Propane Plant There was discussion regarding the traffic congestion in the area due to the emergency and the accessibility of emergency access to the site. Tony Cannella advised that there would be meetings in the near future with the appropriate agencies to discuss transportation improvements in the area, to streets such as Liberty Street, Port Darlington Road, East Beach Road, Lambs Road and accessibility to the 401. The mwricipality has undertaken a study to determine what improvements to the transportation network in this area may be possible to improve accessibility to the arterial road network as well as the 40 I. Page 3 of4 CTMAC Minutes Thursday, November 18, 2004 Lake Road at Liberty and queuing from 401 ramp at rush hour The traffic is getting very heavy especially around rush hour and should be investigated. Leslie advised that Liberty Street (Regional Road 14) will be widened to 3 lanes within the next few years. Durham Hwy 2 east of Bowmanville Stuart McAllister stated that this area will not likely be widened in the near future since traffic volumes cannot support any widening. b) Discussion offuture presentations and projects This will be a presentation of material pertaining to 4-way stops. c) All-Way Stop Requests-Burketon, intersections of Old Scugog Rd. at Boundary Rd., and Old Scugog Rd. at Concession Rd. 10 Council has requested Engineering and the committee to re-evaluate the 4-way stop request at the intersection of Boundary Road and Old Scugog Road. In addition we are being requested to examine the intersections of the lOth Concession Road and Old Scugog Road for consideration of a 4-way stop as well. Ron Baker stated that during peak times (4-6 p.m.) 100 vehicles pass through the intersection. The committee members were requested that in order to make our discussions regarding these intersections at our January 20, 2005 meeting more constructive, they should visit the sites and become familiar with the characteristics of these intersections. Once a comprehensive review ofthese intersections is completed and reviewed by the committee, Tony Cannella will report back to Council with recommendations. Painted Bars Such items as painted bars are used for traffic calming and could be used in combination with other measures to help with problem areas such as in Burketon. Other changes Entrance gateway sign without arms will be installed in next two weeks in Burketon. Page 4 of 4 CTMAC Minutes Thursday, November 18, 2004 4) New Business at direction of Chair Longworth Update There was a delay in construction progress because of wet soils conditions. Paving will start as early as next week with the opening of the road and bridge within the next few weeks. Election for Chair Clayton Morgan advised that he will be stepping doWQ as chair and wanted to thank everyone for a1l the support that he has received while in this position. He would like to wish everyone a safe and festive holiday season. 5) Next Meeting date: Januarv 20, 2005 - 7:00 p.m.I~~i!!~~!~.'" Enter via Municipal Administration Centre, 40 Temperance St. Bowmanville, through the north door on Church St. 6) Adjournment: 8:20 p.m. I :CTMAC.2004AGENDA&MINUTES.MINUTES.NOV.04 I - 8 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE JANUARY 6, 2005 6:30 P.M. MEETING ROOM #1A Present: David Kelly, Chair Sandra Crandall Pat Rundle Tim Hicks Councillor Adrian Foster Also Present: Ron Collis, Collis and Reed Researc Patti L. Barrie, Municipal Clerk Candice Doiron, Secretary 1. Regrets: Brian Duffey Suzanne Wortman Walter Zutell Evylin Stroud Keith Kelly Darlene Matthews The meeting commenced wi he meeting held on December 2, 2004 will be lar meeting. 2. IBILlTY BUSINESS COMMUNITY CHALLENGE Ron Collis presented to the committee a draft of the checklist for the Clarington Accessibility Business Community Challenge. Ron requested that the Committee Members provide recommendations of what equipment and what standards should be used for the items suggested on the checklist. He also stated that he will be putting items that need to be completed before March on his website. He requested participation from all members. Mr. Collis also stated that the businesses that get involved with the challenge should be recognized on the Clarington Website and in the local newspaper. It was suggested that the local businesses that have already been complying with the Accessibility Standards should be recognized as well. Clarington Accessibility Advisory Committee January 6, 2005 -2- 3. RICK HANSEN WHEELS IN MOTION - JUNE 12,2005 Councillor Foster advised that the Rick Hansen Wheels in Motion Event is scheduled for June 12, 2005. He asked that Committee Members approach local businesses seeking donations for the event. It was suggested that we keep a festival atmosphere for the event, and promote local musicians and local entertainers at the event. Signs should be posted to promote the Rick Hansen event. Transportation requirement of residents need to be addressed. 4. BUDGET Patti Barrie advised the committee that the has been added to the committee's budge ovided from Handi Transit 5. 2005 ACCESSIBILITY PLAN - REPO The 2005 Accessibility Plan wa Clarington on December 13, 20 Council of the Municipality of 6. NEW BUSINESS Correspondence has aGlvising of the held the wee London,Thu m the Legislative Assembly of Ontario Iic hearings regarding Bill 118. The hearings will be nd February 7,2005 in Toronto, Niagara Falls, a. Evylin Stroud, ad r to the meeting that the Bowmanville Downtown Improvement Comml e has completed the work that the Accessibility Committee would be providing input to. At this time, she believes it is unnecessary for a member of the AAC to continue as a participant. 7. JOINT ACCESSIBILITY ADVISORY COMMITTEE MEETING Pat Rundle informed the committee that the Joint Accessibility Committee meeting will be held on February 1, 2005 at the Centennial Building, Whitby. All members are encouraged to attend. Each Accessibility Committee will be asked to provide a status report of their activities. 8. DATE OF NEXT MEETING The next regular meeting is scheduled to be held on February 3, 2005 at 6:30 p.m. in Meeting Room 1A at the Municipal Administrative Centre. Clarington Accessibility Advisory Committee -3- January 6, 2005 9. ADJOURNMENT The meeting adjourned at 7:43 p.m. Chair REPORT #1 ~'{\M.J~ ~ ",\\LXi:) ~Ji'- Cvz.,,~ CJ![ilJgton REPORT TO COUNCIL MEETING OF JANUARY 31, 2005 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 24,2005 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD-013-05- (b) EGD-01-05- Annual Report on Site Plan Activities for 2004 Monthly Report on Building Permit Activity for December, 2004 (c) CSD-01-05- Municipality of Clarington participation in the Summer Jobs Service Program 2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION (a) CSD-02-05- Newcastle Village Recreation Facility Needs Assessment 3. REZONING APPLICATION FOR FUEL BAR, CONVENIENCE STORE AND CAR WASH . APPLICANT: MARTIN ROAD HOLDINGS LIMITED (KAITLlN GROUP) FILE NO.: ZBA 2004-050 THAT Report PSD-009-05 be received; THAT the application for Zoning By-law Amendment (ZBA 2004-006) submitted by Mr. Kelvin Whalen on behalf of Martin Road Holdings Limited to change zone category of a 0.78 ha parcel of land to permit a convenience store, fuel bar and a car wash be referred back to staff; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379 Report #1 - 2- January 31, 2005 THAT all interested parties listed in Report PSD-009-05 and any delegations be advised of Council's decision. 4. BULK STORAGE TANKS IN GENERAL INDUSTRIAL (M2) ZONES THAT Report PSD-010-05 be received; THAT the rezoning proposal be referred back to Staff for further processing and preparation of a subsequent report; and THAT all interested parties listed in Report PSD-01 0-05 and any delegation be advised of Council's decision. 5. HYDRO CORRIDOR LANDS . DECLARATION OF POTENTIAL SECONDARY FUTURE USE THAT Report PSD-011-05 be received; THAT the charts in Report PSD-011-05 Attachment 3 be approved as Clarington's submission of potential secondary future public interests and uses for the hydro corridor lands under the Provincial Secondary Land Use Program; THAT a copy of PSD-011-05 be forwa'rded to the Regional Municipality of Durham to facilitate a joint municipal submission to the Ministry of Municipal Affairs and Housing; THAT Council acknowledge that Clarington's resolution(s), and its submission contained in the joint submission, will be a public document and will remain on file with the Ministry of Municipal Affairs and Housing; and THAT all interested parties be notified of the Committee's decision. 6. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: THE KAITLlN GROUP LTD. THAT Report PSD-012-05 be received; THAT the request for Removal of Part Lot Control with respect to Lots 1 to 12 inclusive, Lots 15 to 20 inclusive, Lots 34 to 39 inclusive, and Blocks 40 to 47 inclusive on Plan 40M-2214 be approved and that the Part Lot Control By-law attached to Report PSD-012-05 be passed pursuant to Section 50 (7.1) of the Planning Act; and . THAT all interested parties listed in Report PSD-012-05, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. Report #1 - 3- January 31, 2005 (-;~-~ AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-87021 ~ ZONING BY-LAW AMENDMENT ZBA2004/045 TO PERMIT THE DEVELOPMENT OF 267 RESIDENTIAL UNITS APPLICANT: LIBERTY STREET DEVELOPMENTS INC. THAT Report PSD-014-05 be referred back to staff for a report on the impact of the proposed 3 metre exterior side yard setback and related grading issues. 8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JANUARY 13, 2005 THAT Report PSD-015-05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on January 13, 2005 for applications A2002l053, A20031024, A2005/001 and A2005/002; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 9. PROPOSED STREETNAME CHANGES FOR NORTHWEST BOWMANVILLE STATUS REPORT THAT Report PSD-016-05 be received; THAT Staff be authorized to take appropriate actions under Section 47 of the Municipal Act, to advertise and hold a Public Meeting for the proposed street name changes that were chosen by representatives of affected properties who attended the Public Information Session; and THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-016-05 and advised of Council's decision. 10 REZONING APPLICATION TO PERMIT A LIGHT INDUSTRIAL USE APPLICANT: 1524103 ONTARIO LTD. (HOLBURN) THAT Report PSD-017-05 be received; f THAT the rezoning application submitted by 1524103 Ontario Ltd. to permit the establishment of a light industrial development be approved for the balance of the lands and that the zoning by-law amendment attached to Report PSD-017-05 be adopted by Council; and THAT all interested parties listed in Report PSD-017 -05 and any delegations be advised of Council's decision. Report #1 -4- January 31,2005 11. ANIMAL SERVICES QUARTERLY REPORT - OCTOBER - DECEMBER, 2004 THAT Report CLD-03-05 be received; and THAT a copy of Report CLD-03-05 be forwarded to the Animal Alliance of Canada and the Animal Advisory Committee. 12. TENDER CL2004-39 GRASS CUTTING AND TRIMMING THAT Report COD-003-05 be received; THAT Tom's Landscaping Maintenance & Design, Oshawa, Ontario, with a total bid amount of $190,134.64 (plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004-39, be awarded the three (3) year contract for grass cutting and trimming for Sections 1, 2 and 3 as required by the Operations Department; and THAT the required funds be drawn from the respective year's current budget allocation for grass cutting. 13. APPLICATION BY BAYWOOD HOMES TO AMEND A DRAFT APPROVED PLAN OF SUBDIVISION TO DELETE A SERVICE LAND FOR 10 RESIDENTIAL UNITS ABUTTING TOWN LINE ROAD SOUTH IN THE CITY OF OSHAWA THAT Report PSD-006-05 be lifted from the table; THAT Report PSD-006-05 and Addendum to Report PSD-006-05 be received; THAT the City of Oshawa be advised that the Municipality of Clarington does not support the application by Baywood Homes to remove the service land in draft approved plan of subdivision 18T-95009; and THAT a copy of the A61dendum to Report PSD-006-05 be forwarded to the City of Oshawa Development Services Department and the Region of Durham Planning Department. 14. FURTHER COMMENTS ON THE PROVINCIAL DRAFT GREENBELT PLAN THAT Addendum to Report PSD-160-04 be received; THAT in addition to the submission made by the Municipality of Clarington in Report PSD-160-04, the Minister of Municipal Affairs and Housing be Report #1 -5- January 31, 2005 requested to exclude from the Greenbelt those lands associated with the rural residential cluster of Bond Head as shown on Attachment 1 to Addendum to Report PSD-160-04; THAT a copy of Addendum to Report PSD-160-04 be forwarded to John Gerretsen, Minister of Municipal Affairs and Housing, the Municipal Affairs and Housing Greenbelt Group and the Region of Durham Planning Department; and THAT all interested parties listed in the Addendum to Report PSD-160-05 and any delegations be advised of Council's decision. 15. PRESENTATION OF GENE CARTIER AND MARTIN SCOTT THAT the presentations of Gene Cartier and Martin Scott be received with thanks. 16. DELEGATION OF TOM BARRIE THAT the delegation of Tom Barrie be received with thanks. 17. PRESENTATION OF BRUCE TAYLOR AND THE UNITED WAY THAT the presentation of Bruce Taylor and the United Way Committee be received with thanks. REPORT 112 Clfllington REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, January 31, 2005 Report #: PSD-018.05 File #: COPA 2003-003 & ZBA 2003-015 By-law #: Subject: OFFICIAL PLAN AMENDMENT AND REZONING APPLICATIONS REGARDING COMMERCIAL AND RESIDENTIAL DEVELOPMENT IN NORTH BOWMANVILLE HALLOWAY HOLDINGS AND TOWCHESTER DEVELOPMENTS LIMITED RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-018-05 be received; 2. THAT Council approve the minutes of settlement between Halloway Holdings Limited, Towchester Developments Limited and the Municipality of Clarington contained in Attachment 1 and authorize the Municipality's Solicitor to execute them for the Municipality; 3. THAT the Municipality's Solicitor and Staff be authorized to present the minutes of settlement to the Ontario Municipal Board to request the Board to approve the amendments to the Municipality of Clarington's Official Plan applicable to Parcels 1, 2 and 3, and to request the Board to pass the amendments to the Zoning By- law (By-law 84-63, as amended) attached to the minutes of settlement applicable to Parcels 1, 2 and 3 in order to implement the provisions applicable to Parcels 1, 2 and 3; and 4. THAT all interested parties listed in this report, any delegations and the Region of Durham Planning Department be advised of Council's decision. REPORT NO.: PSD-018-05 Submitted by: D i J. rome, M.C.I.P.,R.P.P. Direc r, Planning Services CPIDC/df January 26, 2005 PAGE 2 RevieWedbY:()~~~ Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 1.1 Applicant: Halloway Holdings Limited and Towchester Developments Limited 1.2 Agent: Sernas Associates 1.3 1.4 1.5 REPORT NO.: PSD-018-05 1.0 APPLICATION DETAILS Subject Site 1: Site Area and Location: Official Plan Amendment: Rezoning: Subject Site 2: Site Area and Location: Official Plan Amendment: Rezoning: Subject Site 3: Site Area and Location: Official Plan Amendment: Rezoning: PAGE 3 1.43 hectare parcel at the northeast corner of Scugog Street and Middle Road To delete the "Local Central Area" designation and replace the 5,000 m2 of retail and office floorspace with a "Medium Density Residential" designation for the development of 57 medium density residential units To rezone the subject lands from "General Commercial (C1) Zone" to an appropriate zone to implement the proposed Official Plan Amendment 2.28 hectare parcel at the northwest corner of Liberty Street North and Longworth Avenue To reduce the amount of retail and office floorspace from 3,500 m2 to 1,700 m2 space and to replace the high density residential units in the "Local Central Area" designation to permit the development of 66 medium density residential units To rezone the subject lands from "Holding - General Commercial (C1) Zone" and "Holding - Urban Residential Type Four ((H)R4) Zone" to appropriate zones to implement the proposed Official Plan Amendment 0.72 hectare parcel at the southwest corner of Liberty Street North and Longworth Avenue To replace the high density residential units in the "Local Central Area" designation with 26 medium density residential units To rezone the subject lands from "Holding - Urban Residential Type Four ((H)R4) Zone" to an appropriate zone to implement the proposed Official Plan Amendment REPORT NO.: PSD-018-05 PAGE 4 2.0 BACKGROUND 2.1 On September 7, 2004, Committee considered a report detailing the Official Plan and Zoning By-law Amendment applications submitted Halloway Holdings Limited and Towchester Developments Limited ("applicant"), as well as the appeals of these companies to the Ontario Municipal Board. The report advised that a pre-hearing conference was scheduled for later that month and made recommendations respecting the Municipality's position at the hearing. Council adopted the following recommendations: "1. THAT Report PSD-1 04-04 be received; 2. THAT the Ontario Municipal Board be requested to DEFER the application submitted by Halloway Holdings Limited and Towchester Developments Limited to redesignate lands from "Local Central Area" to "Medium Density Residential" within Subject Site 1 until the Municipality's Commercial Policy Review has been completed: 3. THAT the Ontario Municipal Board be requested to APPROVE the application submitted by Halloway Holdings Limited and Towchester Developments Limited to reduce the amount of retail commercial floors pace from 3,500 m2 to 1,700 m2 within the "Local Central Area" located at Subject Site 2: 4. THAT the Ontario Municipal Board be requested to DENY the application submitted by Halloway Holdings Limited and Towchester Developments Limited to redesignate lands contained within the "Local Central Area" from "High Density Residential" to "Medium Density Residential" located at Subject Sites 2 and 3: and, 5. THAT The Ontario Municipal Board and all interested parties and delegations listed in this report and any delegations be advised of Council's decision. " 2.2 Following the prehearing conference, Staff continued to review the issues with the Applicant and his consultant and have recently arrived at a settlement dealing with the three sites subject of the applications. The recommended minutes of settlement together with amendments to the Official Plan and Zoning By-law to implement the settlement, are contained in Attachment NO.2. In the minutes of settlement, Subject Sites 1, 2 and 3 as referred to in Section 1.0 "Application Details" are identified as Parcels 1, 2 and 3, respectively. A fourth site on the south side of Longworth Avenue, east of Scugog Street also owned by the Applicant was also included in the discussions with the Applicant and his consultant. The fourth site is identified as Parcel 4 in the minutes of settlement. REPORT NO.: PSD-018-05 PAGE 5 2.3 Should Council concur with the negotiated settlement respecting Parcels 1, 2 and 3, authorization is required for the Municipality's Solicitor and Planning Staff to present the settlement described below to the Ontario Municipal Board for approval. 3.0 PROPOSED SETTLEMENT DETAILS 3.1 Parcel 1 (Sub/ect Site 1) The Applicant had proposed to delete the "Local Central Area" designation in the Official Plan applicable to Parcels 1 and 4 at the north-east and the south-east corners of Middle Road/Scugog Street and Longworth Avenue and replace it with a "Medium Density Residential" designation. Mr. Mario Veltri expressed this concern with the proposed amendment that the development permitted by the proposed amendments would negatively impact the value of his proposed low density development on the west side of Scugog Street. 3.2 Having regard to the Draft Final Report Recommended Policv Chanaes Clarinaton Commercial Policv Review paper which was received by Council on January 17, 2005, Staff were willing to revisit this aspect of the application. The proposed Official Plan Amendment deleting the "Local Central Area" designation and replacing the 5,000 m2 of retail and office floorspace with a "Medium Density Residential" designation for the development of approximately 57 medium density residential units on Parcel 1 was accepted by Staff subject to the satisfactory resolution of certain urban design issues. The resolution of these issues includes a requirement for the proposed townhouse units on the north side of Longworth Avenue to be designed to face and front on the street as the preferred form of development. The recommended zoning and minutes of settlement have been drafted to implement this form of development. 3.3 Parcel 2 (Subiect Site 2) In the application respecting Parcel 2 located at the north-west corner of Longworth Avenue and Liberty Street, the Applicant had proposed to reduce the amount of floor area from 3,500 m2 to 1,700 m2, and to eliminate the high density residential unit requirement and replace it with medium density units. In the report presented to Council in September, Staff did not object to the reduction in commercial floor area. However, Staff did not support the elimination of the high density residential units at this location. In the negotiations the applicant agreed to retain the high density designation in this location. However, flexibility in the amount of commercial floor area permitted was also requested. Staff agreed to retain the existing permissions for up to 3,000 m2 of retail floor area and 500 m2 of office floor area for the commercial component. The recommended zoning provides for both the commercial and the high density residential uses in one zone, thereby allowing the applicant flexibility in determining the ultimate boundary between the commercial and residential blocks subject to compliance with siting requirements provided for in the recommended zoning of Parcel 2. REPORT NO.: PSD-018-05 PAGE 6 3.4 Parcel 3 (SubJect Site 3) The applicant proposed an amendment to the Official Plan to redesignate Parcel 3, located at the south-west corner of Longworth Avenue and Liberty Street, from "High Density Residential" to "Medium Density Residential". At both the public meeting and the meeting of Council in September 2004, a neighbouring land owner, Dr. Zakarow spoke in opposition to the proposal suggesting the lands should be developed for "Low Density Residential" purposes while one owner supported the retention of the "High Density Residential" designation. In the negotiations, Staff supported the proposed redesignation of Parcel 3 to "Medium Density Residential" subject to satisfactory resolution of certain urban design issues. The resolution of these issues is provided for in the minutes of settlement and the recommended zoning of Parcel 3. The redesignation will allow for a transition in density moving from "Low Density Residential" to "Medium Density Residential" to "High Density Residential" and back down to "Medium Density Residential" and then to "Low Density Residential "as you proceed from south to north on the west side of Liberty Street. The "Medium Density Residential" designation is compatible with surrounding uses and is a down designation from existing approvals. The existing "High Density Residential" designation and zoning of Parcel 3 were put in place in the mid 1980's at the time of the original approval for draft plan of subdivision 18T-82037 when Dr. Zakarow was the original applicant. With the exception of the high density and commercial block the balance of the subdivision is now all registered and sales have been made. Land owners purchasing within this development would have been able to confirm the permissions on surrounding lands. 3.5 Parcel 4 During the negotiations, Staff also discussed with the applicant the future development of Parcel 4 at the south-east corner of Longworth Avenue and Scugog Street. As was noted above, presently, Parcel 4 is part of the area designated "Local Central Area" in the Official Plan. This designation also applies to Parcel 1. The Official Plan provides for both "Medium Density Residential" and commercial uses of land designated "Local Central Area". Consistent with the Local Central Area designation, Parcel 4 currently is zoned "Holding - Urban Residential Type Three (H) R3". As discussed in paragraphs 3.1 and 3.2, if the recommended amendments to the Official Plan are approved, the designation of Parcel 1 will be changed from "Local Central Area" to "Medium Density Residential". The proposed Official Plan Amendment also places a "Medium Density" designation on the southeast corner to carry forward existing medium density permissions. 3.6 Currently, Parcel 4 is comprised of a block on approved draft plan of subdivision 18T -87087 for future development and 15 townhouse units fronting on Street "Y". Parcel 4 was originally approved together with the adjacent lands to the south as a long cul-de-sac with street-townhouse units on the entire street. (see REPORT NO.: PSD-018-05 PAGE 7 Attachment No.1). The number of townhouse units all fronting and accessing the street, was identified as a potential problem development site in 1999 when Planning and Engineering Staff reviewed approved draft plans for potential on- street parking problems. In 2000, the approved draft plan of subdivision was revised and all of the on-street townhouse units west of Street .Y" shown on it were put into a block for future development. As part of the negotiations, the applicant has agreed to submit applications for rezoning and amendment to the approved draft plan of subdivision for the lands identified in Attachment No.1. The applicant would request approval to develop 12.0 metre minimum frontage single detached dwelling lots fronting on both sides of Street "Y". The remaining area on the south east corner of the intersection would be developed as a medium density block with the same zoning requirements proposed for the north side of Longworth Avenue. Staff believe this would help to address some of the on-street parking concerns previously identified for this area in 1999 in Report #PD-36-99. It would also permit the development on the units immediately west of Scugog Street and south of Longworth Street to better address urban design issues at the intersection, as opposed to noise fencing as required through the original approved draft plan of subdivision. The proposal would need to be reviewed in accordance with the Planning Act, including a public meeting and review from all relevant agencies prior to Council making a decision respecting Parcel 4. 3.7 Landscape Feature on Parcels 1 and 4 The minutes of settlement provide for the applicant to construct a landscape feature consisting of vegetation, rockery and/or wrought iron fencing on both the south-east and the north-east corners of Scugog Street/Middle Road and Longworth Avenue. This work will be detailed as part of future applications for site plan approval and shall have a minimum value of $7,500.00 per corner. 4.0 CONCLUSIONS 4.1 In considerations of the applications submitted, the agency comments received, the comments from neighbouring residents and the policy directions of the Clarington Official Plan, Staff recommend that Council support the proposed settlement. Staff believe that the proposed settlement provides an appropriate compromise of the various competing interests identified in this report while protecting the Municipality's interest in the appropriate development of the lands in question. REPORT NO.: PSD-018-05 PAGE 8 Attachments: Attachment 1 - Key Map Attachment 2 - Draft Settlement document Interested parties to be notified of Council's decision: Lynda Townsend Renaud Robert Hann Bryce Jordan Peter and Marianne Zakarow Mario Veltri Sylvia Brownell D. McKenzie Randy and Kelly Burns Mary and Glen Hodgson ATTACHMENT 1 .... , , , , , .- ~ 0 GOODWIN 0:: Parcel 2 I I I \ \ . ~ ~G'0~ Parcel 1 - ~ <o\?--~~ - ~ ill ~ - w <6 t;:j ...J , I ~ " w - Cl ~ ~\\..\..~ 0:: Cl f- lOc - :::.!< ~ CI) ~ . T:: f- I ~ Z f- - T J ~ W 0:: 0 0 - IT 0:: z ~ <( w - ~ '~ w ~ ~~/\ '/ ~"G'I<ORTH AVE. 0:: f- .,', Vl ~ \..0 ..... .::::::::::::::::::::. ~ .::: ~.::: ::::: ::::. .:::::....::. I~ ~~ :....:::::::::..:::::::::::::. 0:: I-- I>' '. ~ .:::::::ttttt~::IIIII w !Il ...J - ...................... ...................... ..................... ..................... ................... ~ 1\ -, ---- - ~~s. ~ - z !tJ3~~ ~ j J <I: - - " Parcel 4 - 0 . w Parcel 3 I-- W I C) f-- - 0:: W " 1. I I <( f- 0:: I I - f- CI) ~ BOULEVARD TON CRES. - C) I I I I I I - 11(= 0 C) , ::::> " () - f--- CI) \--.. LORD AYfON CRES. - f-- MEADOWVIEW ~ ELGIN / I I I T "- PARK I I I I I I - Bowmanville Key Map AVENUE , COPA 2003-003 51 PilL,," " Clarington o arce '~ "~ ~ '" Parcel 2 ~ Official Plan Amendment >:e~ . ZBA 2003-015 ~ '" 't: ""~ ~-:... ~ z "./~,~~ . /: Zoning By-law Amendment ::J~CJ .~~3 ! J CRES. CRESCENT Owner: Halloway Holdings Ltd. & ~ I" MEADOWVIEW BLVD _SCOTTSD ~. = parceI4~h'~111 Ir Towchester Developments Ltd. ATTACHMENT NO 2 OMB Case No.PL040124 ONTARIO MUNICIPAL BOARD Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario Municipal Board under subsection 22(7) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to the Official Plan for the Municipality of Clarington to redesignate lands respecting Part of Lots 11 and 12, Concession 2, Municipality of Clarington to permit medium density residential and commercial uses OMB File No. 0040033 Halloway Holdings Limited and Towchester Developments Limited have appealed to the Ontario Municipal Board under subsection 34(11) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from Council's refusal or neglect to enact a proposed amendment to Zoning By-law 84-63 of the Municipality of Clarington to rezone lands respecting Part of Lots 11 and 12, Concession 2, Municipality of Clarington to permit medium density residential and commercial uses OMB File No. Z040019 MINUTES OF SETTLEMENT WHEREAS: A. Halloway Holdings Limited ("Halloway") and Towchester Developments Limited ("Towchester") are the owners of the following three parcels of land in the Municipality of Clarington's ("Clarington") Bowmanville Urban Area . Parcel 1 comprises Block 129 on registered plan of subdivision 40M-1852. It has frontage of approximately 158 metres on easterly side of Middle Road and 106 metres on the northerly side of Longworth Avenue. . Parcel 2 comprises Blocks 184 and 194 on approved draft plan of subdivision 18T-82037.lt has frontage of approximately 180 metres on the westerly side of Liberty Street and 120 metres on the northerly side of Longworth Avenue. · Parcel 3 comprises Block 185 on approved draft plan of subdivision 18T-82037. It has frontage of approximately 72 metres on the westerly side of Liberty Street and 105 metres on the southerly side of Longworth Avenue. · Parcel 4 comprises future development Block 300 and Blocks 298 and 299 on draft approved plan of subdivision 18T-8708? Block 300 has frontage of approximately 35 metres on the easterly side of Scugog Street and 110 metres on the southerly side of Longworth Avenue. Street Y shown on approved draft plan of subdivision 18T-8708? forms the eastem boundary of Block 300. Blocks 298 and 299 will front on the east side of Street Y when it is constructed; B. Towchester and Halloway applied to Clarington for certain amendments to Clarington Official Plan and Zoning By-law (By-law 84-63, as amended) as they apply to Parcels 1, 2 and 3. 2 PL040124 Applications have not been made as yet for amendments to Clarington Official Plan and Zoning By- law as they apply to Parcel 4; C. By Notice of Appeal dated February 19, 2004 addressed to Clarington, Towchester and Halloway appealed Clarington's neglect or refusal to pass the amendments to Clarington's Official Plan and Zoning By-law applicable to Parcels 1,2 and 3 to the Ontario Municipal Board ("Appeals"); D. Halloway and Towchester have made certain proposals to Clarington respecting proposed revisions to approved draft plan of subdivision 18T-87087 applicable to Parcel 4. Halloway and Towchester will submit applications to Clarington for approval of these revisions as well as for amendments to the Zoning By-law respecting approved draft plan of subdivision 18T-87087. The draft amendments to the Zoning By-law are referred to in section 5.0 of these Minutes of Settlement together with principles of development of Parcel 4 if the amendments are passed and come into force. E. The Ontario Municipal Board has appointed March 8, 2005 for the commencement of a hearing respecting the Appeals; F. Halloway, Towchester and Clarington wish to resolve their differences respecting Parcels 1, 2 and 3 in order to avoid contesting them at the hearing before the Boarcj NOW THEREFORE in consideration of the mutual covenants contained herein, Towchester, Halloway and Clarington covenant and agree as follows: 1.0 Resolution of Appeals 1.1 Halloway, Towchester and Clarington agree that the appropriate resolution by the Board of the Appeals would be for the Board to approve the amendments to the Clarington Official Plan contained in Schedule 1 hereto ("OPA") and the amendments to the Zoning By-law contained in Schedule 2 hereto ("Zoning Amendments"). 1.2 Halloway, Towchester and Clarington will tender these Minutes to the Board, will present them in positive terms, and will actively co-operate to promote acceptance by the Board of these Minutes, the approval of the OPA and the enactment of the Zoning Amendments. 1.3 Halloway, Towchester and Clarington will not call any evidence or advance any argument inconsistent with the letter and spirit of these Minutes, the OPA and the Zoning Amendments. 1.4 Halloway, Towchesterand Clarington will call such evidence and advance such arguments as are required to support these Minutes, the OPA and the Zoning Amendments. They will also oppose any evidence and arguments as may be presented by any other person at the hearing before the Board which are inconsistent with the letter or the spirit of these Minutes, the OPA or the Zoning Amendments. 1.5 None of Halloway, Towchester or Clarington will requestthe Board to make any order for the payment of costs by any of the parties to the other party or parties. 3 PL040 124 2.0 Development of Parcel 1 2.1 Subject to the Ontario Municipal Board's approval of the OPA and Zoning Amendments, the parties hereto agree that the following principles will govern the development of Parcel 1 : . Dwelling units located in the area abutting Middle Road shown on the sketch contained in Schedule 4 hereto either shall face and have frontage on Middle Road or shall face and have frontage on a private road which parallels Middle Road provided that the area between the private road and public road is used for landscaping puposes only. . Dwelling units located in the area abutting Longwor!h Avenue shown on the sketch contained in Schedule 4 hereto shall face and have frontage on Longworth Avenue unless these Minutes are amended by the parties to permit them to face and front on a private road paralleling Longworth Avenue. . Dwelling units which face and have frontage on Middle Road or Longworth Avenue must include the installation of a wrought iron fence located on the "lot line" which is the "street line" (as those terms are defined in the Zoning By-law) which shall have a minimum height of three (3) feet and include appropriate gates to serve the individual dwelling units. · Noise attenuation will be addressed pursuant to section 41 of the Planning Act through the siting of buildings facing or flanking the public street and not through a requirement that appropriate noise attenuation be achieved through the construction of an acoustic fence or a berm unless outdoor living areas are exposed to a public street due to f1ankage conditions of the exterior side yards 3.0 Development of Parcel 2 3.1 Subject to the Ontario Municipal Board's approval of the OPA and Zoning Amendments, the parties hereto agree that the following principles will govern the development of Parcel 2: . Appropriate buffering of new development from existing residential uses will be achieved in accordance with Clarington's Official Plan pursuant to section 41 of the Planning Act through the requirement of appropriate building separations and landscaping. 4.0 Development of Parcel 3 4.1 Subject to the Ontario Municipal Board's approval of the OPA and the Zoning Amendments, the parties hereto agree that the following principles will govem the development of Parcel 3: · Dwelling units constructed on the portion of Parcel 3 located south of Longworth Avenue in an area identified on the sketch contained in Schedule 3 hereto either must have frontage on and face Longworth Avenue or Liberty Street, as shown on the aforesaid sketch, or have frontage on and face a private road paralleling either or both Longworth Avenue and/or Liberty Street, provided that the area between the private road and Longworth Avenue and/or Liberty Street, as the case may be, is used only as landscaped open space. 4 PL040124 . Noise attenuation will be addressed pursuant to section 41 of the Planning Act through the siting of buildings facing or flanking the public street and not through a requirement that appropriate noise attenuation be achieved through the construction of an acoustic fence or a berm unless outdoor living areas are exposed to a public street due to flankage conditions of the exterior side yards. . Appropriate buffering of new development from existing residential uses will be achieved in accordance with Clarington's Official Plan and the Zoning Amendments pursuant to section 41 of the Planning Act through the requirement of appropriate building separations and landscaping. 5.0 Development of Parcel 4 5.1 No later than six (6) months following the day on which the Board approves the OPA and enactment of the Zoning Amendments applicable to Parcels 1, 2 and 3, Halloway and Towchester will file with the Clarington all necessary applications and supporting materials (1) to revise draft plan of subdivision 1BT-BlOBl, and (2) to request Clarington to amend Clarington's Zoning By-law to achieve the following objectives: . To permit the development of single detached dwelling units with frontages of twelve (12) metres on both sides of the section of Street Y shown on the map contained in Schedule 5 hereto. . To permit the development of Sub-Parcel 4-A located at the south-east corner of the intersection of Scugog Street and Longworth Avenue as shown on the sketch contained in Schedule 5 hereto, as a medium density development. 5.2 Clarington will consider and make its decision on the applications referred to in paragraph 5.1 in good faith and with reasonable expedition after the same are reserved by Clarington under the provisions of the Planning Act. Without fettering in any way Clarington's Council in considering and deciding upon the aforesaid applications for draft amendments to the Zoning By-law which Halloway and Towchester may apply for, are contained in Schedules 6 and 7 attached hereto, respectively. 5.3 Subject to any necessary amendments to the Zoning By-law to accommodate the development contemplated by paragraph 5.1 being in force, the parties hereto agree that the following principles will govern the development of Parcel 4: . Dwelling units constructed on Parcel 4 in the portion of Sub-Parcel4A abutting Scugog Street as shown on the sketch contained in Schedule 5 hereto either must have frontage on and face or flank Scugog Street, as shown on the map or have frontage on and face or flank a private road which parallels Scugog Street, provided that the area between the private road and Scugog Street may be used only as landscaped open space. . Dwelling units constructed on Parcel 4 in the portion of Sub-Parcel 4A abutting Longworth Avenue as identified on the sketch contained in Schedule 5 hereto face and 5 PL040124 have frontage on Longworth Avenue unless these Minutes are amended by the parties hereto to permit them to face and front on a private road paralleling Longworth Avenue. · Noise attenuation will be addressed pursuant to section 41 of the Planning Act through the siting of buildings facing or flanking the public street on Parcels 4-A and 4-B, and not through a requirement that appropriate noise attenuation be achieved through the construction of an acoustic fence or a berm unless outdoor living areas are exposed to a pUblic street due to f1ankage conditions of the exterior side yards. . Appropriate buffering of new development from existing residential uses will be achieved in accordance with Clarington's Official Plan and the Zoning Amendments pursuant to section 41 of the Planning Act through the requirement of appropriate building separations and landscaping, 6.0 Entrance/Landscape Feature 6.1 A significant landscape feature consisting of vegetation, rockery and wrought iron fencing satisfactory to Clarington's Director of Planning Services, with a minimum cost of Fifteen Thousand ($15,000.00) Dollars shall be constructed by Halloway and Towchester at the south-east and north-east corners of the intersection of Scugog Street/Middle Road and Longworth Avenue. The feature will be included as a component of the landscaping that will be required as a condition of site approval of the development of Parcels 1 and 4, respectively. 7.0 Successors 7.1 These Minutes of Settlement shall enure to the benefit of and be binding upon the parties and their respective successors and assigns. 8.0 Time of Essence 8.1 Time shall be of the essence of these Minutes of Settlement. 9.0 Minutes Conditional 9.1 These Minutes are conditional on Clarington's approval of them on or before January 31, 2005. If they are not so approved, they shall be void and shall not be referred to in evidence at the hearing of the Board respecting the Appeals. DATED at Toronto this DATED at Toronto this 6 PL040124 day of January, 2005. HALLOWAY HOLDINGS LIMITED Per: Lynda Townsend Renaud, its Solicitor TOWCHESTER DEVELOPMENTS LIMITED Per: Lynda Townsend Renaud, its Solicitor day of January, 2005. THE CORPORATION OF THE MUNICIPLALlTY OF CLARINGTON Per: Dennis Hefferon, its Solicitor SCHEDULE 1 AMENDMENT NO. 40 TO THE CLARINGTON OFFICIAL PLAN PURPOSE: The purpose of this Amendment is tp delete the Middle Road /Longworth Avenue Local Central Area designation and replace it with Medium Density Residential, and to allow a redistribution of planned land uses with the Liberty Street/Longworth Avenue Local Central Area, BASIS: This amendment is based on an application by Halloway Holdings Limited and Towchester Development Limited, which has been reviewed by the Municipality of Clarington, including a public meeting under the Planning Act. The Municipality and the applicant have mutually agreed to the revised amendment. AMENDMENT: 1. The Clarington Official Plan is hereby amended as follows: By amending Table 9-2 Housing Targets by Neighbourhood, to adjust the housing targets in Bowmanville in the Elgin Neighbourhood NO.7 by increasing the Medium Density units in the Residential Area from "50" to "150",; and in the Central Areas decreasing the medium density from "125" to "SO", and decreasing the High Density units from "75" to "0", In the Knox Neighbourhood increasing from "125 to "250" the Medium Density units in the Residential Area; and in the Central Areas by reducing the Medium Density units from "125 to "50" and increasing the High Density from "75" to "175"; and making appropriate adjustments to totals for each neighbourhood, the Bowmanville Urban Area and Total so that the neighbourhood housing targets are as follows: Urban Area Housing Units Neighbourhoods Bowmanville Residential Areas Central Areas Intensification Total Low Medium Hi h Medium Hi h N7 EI in 1025 150 50 50 0 150 1425 N9 Knox 1450 2S0 0 50 175 125 20S0 Total 13125 3200 875 1225 1950 1800 22200 2. By amending Table 10-1 Local Central Areas to adjust the Liberty/ Longworth Local Central Area housing units by increasing the Medium Density from"50' to "100" and increasing the High Density from "150" to "175" and by deleting the Middle/Longworth Local Central Area as follows: Local Central Area Retail Office Housin Units Public Locations Floorspace Floorspace Medium High Square (sq.m,) (sq.m.) Densi Densi Requirement 3000 500 100 175 Yes ~ ,WG HG G ~ 3, By amending Map A3 - Land Use Bowmanville Urban Area as shown on Exhibit "A"; and 4. By amending Map E2 - Neighbourhood Planning Unit Bowmanville Urban Area as shown on Exhibit "B"; IMPLEMENTATION: The provisions set forth in the Clarington Official Plan regarding the implementation of the Plan shall apply in to this Amendment. INTERPRETATION: The provision set forth in the Clarington Official Plan regarding the interpretation of the Plan shall apply in regard to this Amendment. EXHIBIT "A" AMENDMENT No. 40 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP A3, LAND USE, BOW MANVILLE URBAN AREA @ . .. . e, @ ~ @ @.. @ @ @ . @ .@) ADD "MEDIUM DENSITY RESIDENTIAL" SYMBOL DELETE" LOCAL CENTRAL AREA" SYMBOL t;; UJ a:: ..... V) o CONCESSION CONCESSION RO, @ @ @. . @ w w c:: f- In @ @ €V ~ W III :J . STREET ~ . .(MJ EXHISIT. "S" AMENDMENT No. 40 TO THE MUNICIPALITY OF CLARINGTON OFFICIAL PLAN, MAP E2, NEIGHBOURHOOD PLANNING UNITS, SOWMANVILLE URSAN AREA J r=-- -- I I 1 I r------ CONCESSION ROAD 3 o f3 0: CONCESSION ~ en .. ~ 14 WAVERLY (4200) ~ 0: Z I:l 0: ... BASEUNE ROAD HIGHWAY 401 511 0 0: 61 15 ~I ~ ORT DARUNGl< (3200) I MAP E2 SCHEDULE 2 7.5 metres 15 metres THE CORPORATION OF THE MUNICIPALl1Y OF CLARINGTON BY-LAW NO. 2005- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to permit the development of medium density residential uses in accordance with application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL 1YPE THREE (R3) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.25 as follows: "14.6.25 URBAN RESIDENTIAL EXCEPTION (R3-25) ZONE Notwithstanding Sections 2,14.1, and 14.4, those lands zoned R3-25 on the Schedules to this By-law shall only be used subject to the following zone regulations: a) Definition i) Dwelling, Stacked Townhouse Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b) Permitted Residential Uses i) link townhouse dwelling, and i1) stacked townhouse dwelling c) Regulations for Residential Uses i) Density (max) 60 units per hectare ii) Lot Frontage (min) 13.5 metres iii) Yard Requirements a) front yard to an improved public street or private street b) exterior side yard to an improved public street or private street c) interior side yard (min) d) interior side yard separation between buildings without common wall (min) e) rear yard (min) f) rear yard separation between buildings (min) 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) -7.5 metres (max) 7.5metres 3.0 metres iv) Dwelling Unit Area (min) 85 square metres v) Lot Coverage (max) vi) Landscaped Open Space (min) 40 percent 40 percent BY-LAW passed by the Ontario Municipal Board this day of March, 2005. vii) Building Height (max) 10.5 metres 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "General Commercial (C1) Zone" to "Holding - Urban Residential Exception ((H)R3-25) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-iaw shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. Ontario Municipal Board -.J -.J ~ This is Schedule "A" to By-law 2005- , passed this day of . 2005 A.D. CRESCENT z <{ " ~ Zoning Change From "C1" To "(H)R3-25" John Mutton. Mayor Patti L Barrie. Municipal Clerk JIG VGl OQ JI"" :J ~J ~ 0 Z I- W W ~ I- Ul ~ ~ W CD ",'-J't... I- :\~ ~ Bowmanville ii) Yard Requirements a) front yard 4.5 metres (min) -7.5 metres (max) 7.5 metres, where this yard abuts a residential zone c) rear yard (min) 7.5 metres d) setback from a building containing residential uses e) setback from a building containing non-residential uses 15 metres 20 metres THE CORPOr"" TION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a by-law to amend By-law 84-63, the Comprehensive Zoning By~aw for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to permit the development of retail commercial and high density residential uses in accordance wilh application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 16.5 "SPECIAL EXCEPTIONS - GENERAL COMMERCIAL (C1) ZONE" is hereby amended by adding thereto the following new Special Exception 16.5.38 as follows: "16.5.38 GENERAL COMMERCIAL EXCEPTION (Cl-38) ZONE Notwithstanding Sections 2, 16.1, 16.2, and 16.3, those lands zoned C1-38 on the Schedules to this By-law shall also be subject to the following zone regulations: a) Definitions i) Front Lot line For the purposes of measuring the front yard to a building containing permitted residential uses within a "Cl-38" Zone, the front lot line shall be deemed to be the lot line abutting the improved public street municipally known as liberty Street. ii) Retirement Home Shall mean a residential building constructed and used to accommodate either or both individual retired persons, or couples one of whom is retired, where each private bedroom or suite has separate washroom facilities and a separate entrance from a common hall, and common facilities are provided for the preparation and consumption of food. Common lounges, recreation rooms, and short-term medical care facililies may also be provided. The term retirement home includes a home for the aged as defined by the Homes for the Aged and Rest Home Act. b) Permitted Residential Uses i) apartment building; Ii) nursing home; Iii) retirement home; and, iv) senior citizens' apartment building. c) Regulations for Residential Uses i) Density (max) 100 units per hectare b) interior side yard (min) BY-LAW passed by the Ontario Municipal Board this day of March, 2005. iii) Lot Coverage (max) 40 percent iv) Building Height (max) 18 metres v) Where the building exceeds a height of 12 metres, the yard requirements contained in Section 16.5.38 c) ii) b) and Section 16.5.38 c) ii) c) shall be increased by 1 metre for each additional full metre, or part thereof, of height added to the building height. d) Permitted non-residential uses shall be developed in accordance with Section 16.3 and the following provisions: i) Non-Residential Floorspace (max) a) Retail Commercial Uses 3,000 square metres, and b) Office Uses 500 square metres ii) Additional Yard Requirements a) Depth of area between building 30 metres and south lot line (max) b) Depth of area between building 90 metres and north lot line (min) 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - General Commercial ((H)C1) Zone" and 'Holding - Urban Residential Type Four ((H)R4) Zone" to "Holding - General Commercial Exception ((H)C1- 38) Zone" as shown on the attached Schedule 'A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. Ontario Municipal Board S'c> UQ OQ S',.,. u::~ U ~J oc o z This is Schedule "A" to By-law 2005- , passed this day of , 2005 A.D. I f- 0::: o Z f- W W 0:: f- (f) ~ 0:: W m :J ~ Zoning Change From "{H)R4" To "{H)C1-38" ~ Zoning Change From "{H)C1" To "{H)C1-38" John Mutton. Mayor Patti L. Barrie. Municipal Clerk ...J ...J :::; ti w OC I- en ~ OC W ill :J p..\Jt... I- WI ~ Bowmanville b) exterior side yard 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) - 7.5 metres (max) 1 0 metres 10 metres THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO, 2005- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to permit the development of medium density residential uses in accordance with application ZBA 2003-015. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto the following new Special Exception 14.6.26 as follows: "14.6.26 URBAN RESIDENTIAL EXCEPTION (R3-26) ZONE Notwithstanding Sections 2,14.1, and 14.4, those lands zoned R3-26 on the Schedules to this By-iaw shall also be subject to the following zone regulations: a) Definitions i) Dwelling, Stacked Townhouse Shall mean one of a group of three or more dwelling units which are separated vertically and/or horizontally, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. ii) Retirement Home Shall mean a residential building constructed and used to accommodate either or both individual retired persons, or couples one of whom is retired, where each private bedroom or suite has separate washroom facilities and a separate entrance from a common hall, and common facilities are provided for the preparation and consumption of food. Common lounges, recreation rooms, and short-term medical care facilities may also be provided. The term retirement home includes a home for the aged as defined by the Homes for the Aged and Rest Home Act. b) Permitted Residential Uses i) link townhouse dwelling: iI) nursing home; iii) retirement home: iv) senior citizens' apartment building; and, v) stacked townhouse dwelling. c) Regulations for Nursing Home, Retirement Home, and Seniors' Citizens Apartment Building i) Density (max) 60 units per hectare iI) Yard Requirements a) front yard c) interior side yard (min) d) rear (min) iv) Building Height (max) 12 metres iii) Lot Coverage (max) 40 percent d) Regulations for Link Townhouse Dwellings and Stacked Townhouse Dwellings i) Density (max) 60 units per hectare ii) Lot Frontage (min) 13.5 metres iii) Yard Requirements a) front yard to an improved public street or private street b) exterior side yard to an improved public street or private street c) interior side yard (min) d) interior side yard separation between buildings without common wall (min) e) rear yard (min) f) rear yard separation between buildings (min) 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) - 7.5 metres (max) 7.5 metres 3.0 metres 7.5 metres 15 metres iv) Dwelling Unit Area (min) 85 square metres v) Lot Coverage (max) 40 percent vi) Landscaped Open Space (min) vii) Building Height (max) 40 percent 10.5 metres BY-LAW passed by the Ontario Municipal Board this day of March, 2005. 2. Schedule "3" toBy-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding - Urban Residential Type Four ((H)R4) Zone" to "Holding - Urban Residential Exception ((H)R3-26) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. Ontario Municipal Board This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. GOODWIN AVENUE L:i w 0:: I- (f) I- Z W o 0:: <C J :r: I- 0:: o Z I- W W 0:: I- (f) ~ 0:: W 1Il ...J ~ Zoning Change From I(H)R4" To "(H)R3-26" Jonn Mutton, Moyor Patti L Borrie. Municipal Clerk J'c (/Q 00 J',)- u::.~ U :J W ...J o o :::;: AVENUE I I- 0:: o Z I- W w 0:: I- (fl ~ a:: w OJ :J p..'it.. I- "irl ;g UF" Bowmanville 7.5 metres 15 metres THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems n advisable to amend By-law 84-63, as amended, of the former Town of Newcastle to permit the development of low and medium density residential uses in accordance with application ZBA 2005-_. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarington enacts as foilows: 1. Section 14.6 "SPECIAL EXCEPTIONS - URBAN RESIDENTIAL TYPE THREE (R3) ZONE" is hereby amended by adding thereto the foilowing new Special Exception 14.6.27 as foilows: "14.6.27 URBAN RESIDENTIAL EXCEPTION (R3-27) ZONE Notwnhstanding Sections 2, 14.1 and 14.4, those lands zoned R3-27 on the Schedules to this By-law shail only be used subject to the foilowing zone regulations: a) Definnion i) Dwelling, Stacked Townhouse Shail mean one of a group of three or more dwelling units which are separated verticaily andlor horizontaily, provided that each dwelling unit has a separate entrance and fronts either on an improved public street or on a private street. b) Permitted Residential Uses i) apartment building, Ii) link townhouse dwelling, and iii) stacked townhouse dwelling c) Regulations for Link Townhouse Dwelling and Stacked Townhouse Dwelling Uses i) Density (max) ii) Lot Frontage (min) 60 units per hectare 13.5 metres iii) Yard Requirements a) front yard to an improved pubiic street or private street b) exterior side yard to an improved public street or private street c) interior side yard (min) d) interior side yard separation between buildings without common wail (min) e) rear yard (min) f) rear yard separation between buildings (min) 4.5 metres (min) - 7.5 metres (max) 4.5 metres (min) -7.5 metres (max) 7.5 metres 3.0 metres iv) Dwelling Unit Area (min) 85 square metres v) Lot Coverage (max) 40 percent BY -LAW passed by the Ontario Municipal Board this day of March, 2005. vi) Landscaped Open Space (min) 40 percent vii) Building Height (max) 10.5 metres d) Regulations for Apartment Building Uses i) Density (max) 60 units per hectare ii) Lot Frontage (min) 20 metres iii) Yard Req uirements a) front yard to a lot line b) exterior side yard c) interior side yard (min) d) rear yard (min) 3 metres (min) - 6 metres (max) 3 metres (min) - 6 metres (max) 7.5 metres 7.5 metres iv) Dwelling Unit Area (min) a) Bachelor Dwelling Unit b) One Bedroom Dwelling Unit c) Two Bedroom Dwelling Unit d) Dwelling Unit containing three or more bedrooms 40 square metres 55 square metres 70 square metres 80 square metres v) Lot Coverage (min) 40 percent vi) Landscaped Open Space (min) vii) Building Height (max) 40 percent 12 metres 2. Schedule "3" to By-law 84-63 as amended, is hereby further amended by changing the zone designation from: "Holding _ Urban Residential Type Three ((H)R3)" to "Holding - Urban Residential Exception ((H)R3-27) Zone", and, "Holding - Urban Residential Type Three ((H)R3)" to "Holding - Urban Residential Exception ((H)R2-15) Zone" as shown on the attached Schedule "A" hereto. 3. Schedule "A" attached hereto shall form part of this By-law. 4. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. Ontario Municipal Board -' -' ~ This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. CRESCENT z <( '0 ~ Zoning Change From "(H)R3" To n(H)R2-15" ~ Zoning Change From "(H)R3" To "(H)R3-27" John Mutton. Mayor: Patti L Borrie. Municipal Clerk J'c VQ 061 J')' "'~ U ::J ~J 0:: 0 Z t;j w 0:: f- (f) ~ 0:: w CD -' -' :! :::;: ",\It.., f- :'i\"\. ~ ~AF" Bowmanville " I', SCHEDULE 3 102 ~ Q:: o :2: ~ ~ (f) ~ eJ Q:) - .......J ., ~ ..; =--t::eNGWeR::n , . 104 100 99 r _r-i ~\c--; ~ Parcel 3 SCHEDULE 4 "r' . . ....fj)~. . 1\ . .-'1. . .-'f. --l: ,!I . i ..11 ~~.. ~! --). ! il. .-1.--;1' . .... i I :j1 d' .. . 'I .') ~{J f. .-\ , . ./ .". . . " . . . .' . "F\J1\JRE DEVELOPMSiT Bt OCK . .' ..... . BLOCK 300 .' . (O:810ha.- 2.00 oc,) t # ~I-.;;.;;"-t-- .':'::.. r_ .' __..B.J.H..- . ........... ""J _..:_____' ... . . - -----3=. r 6. '.. -- - . . .' --- --- - -:_~v?-M-. - -:k' -- 03mR ERf:\.' . . .0' . _'. 7-wAAT .en-;. oon..,., BLO Units facing the street PARCEL 1 SCHEDULE 5 ~ J\ I. 'I ~ I ~ ~ II . II iI jl 'I Q ,\ . )\ , J j ~ \\~,\ ~ . \ ~ \ \ 1l'? -4.\ "-- - . o. . .- ~ .~ .... . PARCEL4A ^' dr, ~ c.; ~.r.! -~-;:N-: ::'-;:LOC JZ~ ___J- I~___ 1=.:=-:: _:=i ====r=--- It=--- ~-- __.-J -_.~-- ~--- -' f:=-:':- ---- I; ;-;';~rnTfTTrrr1Tl1\\, "'-~r :.-~ . ..,."1:1\\,, " -- - Unfinished Business 1 Cl~mgton MEMO TO: Tracey Will, Planner, Development and Review FROM: A. Greentree, Deputy Clerk DATE: January 18, 2005 RE: Request to Waive Committee of Adjustment Fees Our File No.: D13.CO At the meeting held on January 17, 2005, Council approved recommendation #GPA-018-05: "THAT the request to waive the planning fees for an application to the Committee of Adjustment by Tamara Boucher and Daniel Moore to permit a swimming pool in the defined "front yard" of Guildwood Drive be denied. THAT the foregoing Resolution #GPA-018-05 be tabled". CAG*cd CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623- 6506 Unfinished Business 2 Cl!Jlmgron MEMO TO: Mayor Mutton and Members of Council FROM: Patti L. Barrie, Municipal Clerk DATE: January 27,2005 RE: APPOINTMENTS TO THE NEWCASTLE VILLAGE COMMUNITY HALL BOARD AND TO THE ANIMAL ADVISORY COMMITTEE OUR FILE: C12.NE AND C12.AN At the Council meeting of January 17, 2005, appointments to the following boards were tabled for a two week period to determine the status of applications. Accordingly, the appointments are to be lifted from the table and dealt with at the January 31, 2005 meeting. . Newcastle Village Community Hall Board (three members to be appointed) - aRflications received from ,- Peter DeJong /' . v _ Sierd DeJong VUL.^-../ - Mark Hendrikx - \,. Kathleen (Kaye) Quinney . Animal Advisory Committee (one member to be appointed) , - application received from: 'v - Sandra Stone The application forms have been circulated under separate cover because of the personcl' 0 ation contained therein. PLB/wc CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 SUMMARY OF BY-LAWS JANUARY 31, 2005 BY-LAWS 2005-008 being a by-law to exempt a certain portion of Registered Plan 40M-2214 from Part Lot Control (The Kaitlin Group Ltd.) (Item #6 of Report #1) 2005-009 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (1524103 Ontario Ltd.) (Item #10 of Report #1) Other Business 1 Cl~mglOn MEMO TO: Mayor Mutton and Members of Council FROM: Patti L. Barrie, Municipal Clerk DATE: January 27,2005 RE: APPOINTMENTS TO THE SAMUEL WILMOT NATURE AREA MANAGEMENT ADVISORY COMMITTEE AND TO THE CLARINGTON MUSEUMS AND ARCHIVES BOARD At the Council meeting of January 31,2005, appointments to the following boards are being considered: . Samuel Wilmot Nature Area Management Advisory Committee (two members to be appointed) - application received from Jim Russell . Clarington Museums and Archives Board (one member from Ward 1 to be appointed) - application received from John Murray The application forms have been circulated under separate cover because of the perso/~rmation contained therein. . / PLB/wc CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T(905)623-3379 F (905)623-6506 ClllLIggron MEMO CLERK'S DEPARTMENT To: Mayor Mutton & Members of Council From: Patti L. Barrie, Municipal Clerk Date: January 28, 2005 Subject: COUNCIL MEETING - JANUARY 31, 2005 Please note the following addition to your Council Agenda for January 31, 2005: SUMMARY OF CORRESPONDENCE Received for Information To be added: I - 17 P.M. Madill, Regional Clerk, The Regional Municipality of Durham, advising that at a meeting held on January 19, 2005 their Council were advised through Council Correspondence #042 of the Regional Clerk that a majority of the area municipalities did not give their consent to By-law #85-2004 and passed the following resolution regarding the Region of Durham Transit By-law #85-2004: "THAT Council Correspondence CC #042 be deferred for three weeks until the bruary 9, 2005 Regional Council meeting." c.c. - Frank Wu, Chief Administrative Officer Department Heads PLB*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 2005 12:19 FR CLERKS DEPT ~~~ bb~ ~~b~ IV LLH~lN~IVN /"'"'.l::::li::/l::::l~ Clerk's Department 605 ROSSLAN~ AD. E. PO BOX 623 WHITBY ON L1N 6A3 CANADA 905-668-77~1 1-800-372-1102 F",,: 905-668-9963 &nail: clerk5@region.dlJrhsm.ol1.ca www.region.durham.on.ea FAXE:1l ANIl ORIGINAL TO.FOU.OW THIS LEITER HAS IlEeN FOAWAROEIl TO THE EIGHT AREA CLERKS January 26, 2005 Ms~ P.L. Barrie Clerk Municipality of Clarington 40 Temperance Street. Bowmanville, ON L1C 3A6 RE: REGION OF DURHAM TRANSIT BY-LAW #85-2004 RLE: A01-31. OUR Fll,E: T05-OO Ms. Barrie, at their meeting held on January 19. 2005 Regional Council were advised through Council Correspondence #042 of the Regional Clerk that a majority of the area municipalities did not give their consent to By-law #85-2004, and passed the followIng motion: . "THAT Council Correspondence CC #042 be deferred for three weeks until the February 9, 2005 Regional Council meeting," It would be appreciated if you could draw this to the attention of your Council at your earliest opportunity. P.M. Madlll, AMCT, CMM I Regional Clerk . PMM/cg c: G.H. Cubiti, Chief Administrative Officer A.L. Georgieff. Commissioner of Planning B,J. Roy, Regional Solicitor C, Curtis, Commissioner of Works R.J. Clapp, Commissioner of Finance G.d. Jdhns, Commissioner of Human Resources $ 100% POSt CDI'li;Wl19r ** TOTAL PAGE.02 **