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HomeMy WebLinkAbout04/18/2005 ~ ~!~ipgron DATE: MONDAY, APRIL 18, 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 April 4, 2005 PRESENTATIONS Clarington Minor Midget AM Toros Hockey Team - Certificate of Accomplishment - Jack Gordon - 2004 Heritage Community Recognition Program Fred and Sandy Archibald - 2005 Corporate Citizen of the Year Award Glenda Gies and Richard Fink, Co-Chairs, Sl. Mary's Cement Community Relations Committee - Annual Report Shawn Taylor, Habitat Works and Jonathan Hill, St. Marys Cement, St. Marys Cement Community Relations Committee - Westside Marsh Reconfiguration DELEGATIONS a) Michael Patrick and Tom Rehder, Bowmanville Foundry, 172 Wellington Street, Bowmanville, L 1 C 1W3 - 1 ooth Anniversary of the Bowmanville Foundry ....... CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379 Council Agenda - 2 - April 18, 2005 --. COMMUNICATIONS Receive for Information I - 1 Kaye Quinney, Treasurer, Clarington East Economic Support - Thank You Letter I - 2 Douglas Stevens, Pastor, The Salvation Army - Thank You Letter 1-3 John O'Toole, MPP, Durham - Dairy Herd Improvement Funding and Sound- Sorb 1-4 Greg Sorbara, Minister of Finance and John Gerretsen, Minister of Municipal Affairs and Housing - Municipal Partnership Fund I - 5 The Honourable Dalton McGuinty, Leader of the Ontario Liberal Party, Premier- Remarks at the Annual Hertiage Dinner I - 6 Rob Browning, Ontario Association of Fire Chiefs - Annual Meeting and Educational Seminars --. 1-7 Lezlie Goodwin, Communications Specialist, Kawartha Conservation - Source Water Protection Planning I - 8 Monte Kwinter, Minister of Community Safety and Correctional Services - Municipal Fire Services Budget I - 9 Association of Municipalities of Ontario - Public Safety Related to Dogs Statute Law Amendment Act, 2004 and other amendments to the Dog Owners' Liability Act 1- 10 John O'Toole, MPP, Durham - Energy Park Project in Port Colborne I - 11 Lake Simcoe Region Conservation Authority - 2004 Annual Report 1- 12 Carol Barkwell, Executive Director, Luke's Place Support and Resource Centre for Women and Children - Thank You Letter 1-13 Karen Monaghan, Communications, Community Relations and Public Affairs, Lakeridge Health - Lay Off Notices 1-14 John O'Toole, MPP, Durham - GO Transit Access ~ 1- 15 Paul Sawyer, Clinical Coordinator, Cardiopulmonary Laboratories, Cardiovascular Prevention and Rehabilitation Program - Walk of Life 1- 16 Mark Foster, Kendal Eagles Baseball Club - Thank You Letter Council Agenda - 3 - April 18, 2005 """ 1-17 Members of the Newtonville Hall Board - Thank You Letter 1- 18 Minutes of the Newcastle Community Hall Board I - 19 Donna McFarlane, Vice-President, Communications and Marketing, Durham College and UOIT - Campus Tour I - 20 Roger Anderson, President, Association of Municipalities of Ontario - Federal Gas Tax Revenue 1-21 David Clark, Executive Vice President, Corporate Affairs, Veridian Corporation - Declared Dividends I - 22 Minutes of the Clarington Accessibility Advisory Committee I - 23 Association of Municipalities of Ontario - AMO Board of Directors Meeting I - 24 Frank Hoar, Secretary, Newcastle - Bond Head Ratepayers Association - Proposed Library for the Village of Newcastle 1-25 Orono Figure Skating Club - Thank You Letter """ Correspondence For Direction D - 1 Karen Monaghan, Communications, Community Relations and Public Affairs Officer, Lakeridge Health - Nursing Week D - 2 Sandi King, Founder/Facilitator, Durham Hepatitis C Support Group - Hepatitis C Awareness Day and Month D - 3 Evylin Stroud- Resignation from the Accessibility Advisory Committee D - 4 Newtonville Hall Board - Community Day at the Ina Brown Parkelte D - 5 Regional Municipality of Niagara - Farm Viability D - 6 The Corporation of the County of Prince Edward - Community Reinvestment Funding D - 7 Laura Moy, Clerk, The Corporation of the Town of Tecumseh - Disaster Relief Training D - 8 Sandra Kranc, City Clerk, City of Oshawa - GO Transit Levy ~ D - 9 Sandy Cook, Great Canadian Town Band Festival - Great Canadian Town Band Festival Council Agenda - 4 - April 18, 2005 --. D - 10 Sandra Kranc, City Clerk, City of Oshawa - New Emergency Medical Service Facilities D - 11 Cameron Mack, Director, Fish and Wildlife Branch, Ministry of Natural Resources - Reduce Wildlife-Related Crop and Property Damage in Southern Ontario D - 12 Kriss Snell, Clerk, Town of North Perth - Building Code Statute Law Amendment Act D - 13 Roger Mittag, Holy Trinity Catholic Secondary School- Request for Financial Support MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of April 11, 2005 ...... 2. Report PSD-052-05 - Application for Removal of Holding Symbol, Veltri and Sons Limited UNFINISHED BUSINESS OTHER BUSINESS a) Regional Update b) Boards and Committees Update BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT ....... Council Meeting Minutes April 4, 2005 Minutes of a regular meeting of Council held on April 4, 2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Carauna Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Chief of Emergency & Fire Services, G. Weir Administrative Assistant to the Clerk, H. Keyzers Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-158-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on March 21, 2005, be approved. "CARRIED" Council Meeting Minutes -2- April 4 , 2005 DELEGATIONS Resolution #C-159-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Linda Gasser be added to the agenda to be heard as a delegation. "CARRIED" Linda Mastromartino, Euphoric Events - Durham Region Men of Distinction Awards, appeared before Council requesting nominations towards this event. She advised that they are canvassing all of Durham Region both in the business and private sectors. Ms. Mastromartino noted that there are five voting categories, which include: Man of Distinction Award, Spirit of Success Award, Outstanding Contribution Award; Volunteer of the Year Award and Life Time Achievement Award. The event will be held on May 5, 2004, with celebrity guest speaker Michael "Pinball" Clemons, coach of the Toronto Argonauts. Linda Gasser, advised Council that a letter from the 407 East Project Team dated March 15th, is requesting Council to either re-nominate her as the Municipal appointment to the Project Team's Community Advisory Group (CAG), or to select a new representative. Ms. Gasser advises Council that she is prepared to serve on CAG as the municipality's representative, but she also strongly believes that every interested and qualified Clarington resident should be provided with the opportunity to be nominated by Council, and participate in 407 Environmental Assessment study through the Project Team's CAG. Ms. Gasser is requesting that Council consider the following: 1. Direct the Clerk to advertise in local newspapers for expressions of interest. 2. Write to the Project Team forthwith, indicating the Municipality intends to advertise and provide all interested and qualified Clarington residents with the opportunity to apply to sit on CAG and indicate that the April 13th deadline is not reasonable and cannot be met without compromising a fair selection process. 3. Indicate in that same letter that we will be sending the Project Team a list of all candidates who applied. Encourage the Project Team to consider these individuals when making "at large" appointments to balance geographic concerns and skills/issues based interests on the CAG. Council Meeting Minutes -3- April 4 , 2005 DELEGATIONS 4. Send copies of the letter to Regional Council and the councils of all Durham municipalities, urging them to follow a similar process so that the desired result of a balanced, diverse CAG is achieved. COMMUNICATIONS Resolution #C-160-05 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 Item I - 6. I - 1 M02.GE 1-2 M04.GE 1-3 M04.GE 1-4 M02.GE 1-5 C06.CL 1-7 C06.CL 1-8 C06.CL "CARRIED" Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington, thanking Mayor Mutton and the Municipality of Clarington for sponsoring a bowling lane for the annual "Bowl For Kids Sake" fund raising campaign. The generous support is appreciated and contributed greatly to the success of the event. Shirley Severn, President, Clarington Fiddle Club, thanking Council and the Municipality of Clarington for the grant in the amount of $500 to assist the club with their endeavours and in providing Heritage Music to seniors and encouraging young people to become involved. Gabrielle Bell, Events Coordinator, Newcastle Community Hall, thanking Council and Joe Caruana, the Director of Community Services Department, for the grant of $5000.00. The donation is always appreciated and put to good use. Regional Councillor Maurice Brenner and Regional Councillor Bill McLean, Durham Community Tsunami Relief, thanking Mayor Mutton for the Municipality's support. Corporations and residents of Durham have raised over $200,000 for this cause. Donations can still be made to the Bank of Montreal, 1298 Kingston Road, Pickering. Minutes of the Clarington Traffic Management Advisory Committee meeting dated February 17, 2005. Minutes of the Clarington Museums and Archives meeting dated March 9, 2005. Minutes of the Clarington Museums and Archives meeting dated March 23, 2005. Council Meeting Minutes -4- April 4 , 2005 COMMUNICATIONS 1-9 C06.CE I - 10 E03,WA I - 11 E05.0N 1- 12 P10.GE 1-13 E05.GE 1-6 C06.ST Minutes of the Central Lake Ontario Conservation Authority meeting dated March 15,2005. Mayor, City of Chicago, presenting a copy of the Executive Summary of the Confluence of Water, Society and Ecological Design Conference, held in Chicago on June 9 - 10, 2004. The Conference attendees came together to explore innovative and sustainable ways to manage water. Jake Epp, Chairman and Richard Dicerni, Acting President and CEO, Ontario Power Generation submitting an update regarding OPG's activities and performance over the past year on the following: . Electricity Production . Cost Reduction . Revenue . Pickering A Unit 1 Return to Service . Environmental Stewardship . Governance. Planning Department, Regional Municipality of Durham, providing the 2004 Annual Building Permit Activity Review. Elizabeth Dowdeswell, President, Nuclear Waste Management Organization, submitting the Annual Report 2004, From Dialogue to Decision: Managing Canada's Nuclear Fuel Waste. Minutes of St. Marys Cement Community Relations Committee meeting dated March 1, 2005. Resolution #C-161-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item 1-6 be received for Information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-162-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 7 to D - 11, inclusive. "CARRIED" Council Meeting Minutes -5- April 4 , 2005 COMMUNICATIONS D - 1 M02.GE D-2 M02.GE D - 3 M02.GE D-4 M02.GE Anne Buston, Director, Public Relations, inviting the Municipality of Clarington to nominate a deserving individual, organization or business from the community for the "2005 Canada Post Literacy Award". Awards will be presented for the following categories: . Individual Achievement - learners who have overcome social or economic barriers by improving their literacy skills; . Educator - honouring English and French speaking educators, tutors and advocates who have demonstrated a commitment to the cause; . Community Leadership - honouring non-profit, volunteer and labour organizations which have demonstrated long-term achievement in furthering the cause of literacy; and . Business Leadership - recognizing a business that has demonstrated commitment to literacy by establishing/supporting literacy programs in the workplace or community. (Correspondence referred to the Municipal Clerk to place an ad in the local newspaper) Marilyn Cole, Campaign Office, Friends of Second Marsh, requesting approval to hold the "Miles For the Marsh" fund raising event to be held on June 26, 2005 from 9:00 a.m. - 1 :30 p.m. Cyclists will start at GM Headquarters east parking lot, through Darlington Provincial Park and then onto the OPG Green Corridor area. They will require use of Courtice Road between Park north to South Service Road, and then east on South Service Road to OPG and return along the same route to Darlington Provincial Park. (Approved provided the organizers obtain a Road Occupancy Permit from the Engineering Services Department) Megan Murphy, Coordinator-Fundraising Events, Multiple Sclerosis Society of Canada, requesting approval to hold the "2005 Super Cities WALK" for MS in Bowmanville on Sunday, April 17, 2005. The event will begin at 9:30 a.m. and will be completed shortly after noon. As it is a walk with two routes, the use of sidewalks and auxiliary police is required. A request has been made to the Regional Municipality of Durham for the use of Liberty Street. (Approved provided the organizers obtain a Road Occupancy Permit from the Engineering Services Department) David Staples, Durham Central Fair (Orono), Parade Chair, requesting permission to hold parades on the following dates: . the Elementary School Parade on Friday, September 9,2005; and -6- Council Meeting Minutes COMMUNICATIONS D-5 M02.GE D-6 C10.GE April 4 , 2005 . the Fair Parade on Saturday, September 10, 2005. The parade will consist of approximately sixty items ranging from floats, bands, vintage autos and tractors, and decorated bikes. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Lion Art Short, Lions Club Bowmanville, requesting permission to hold the annual Rubber Duck Race and occupy the bridge on King Street West over the Bowmanville Creek, with a front-end loader on June 18, 2005. They will be holding two races, dumping ducks at 12 noon and 1 :00 p.m. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on March 23, 2005, passed the following resolution regarding the Durham Agricultural Advisory Committee 2004 Annual Report: "a) THAT Report #2005-P-15 of the Commissioner of Planning be received as the Durham Agricultural Advisory Committee's annual report on its activities in 2004; b) THAT the 2005 Durham Agricultural Advisory Committee Workplan, as outlined in Attachment #1 to Report #2005-P- 15 of the Commissioner of Planning, be approved; c) THAT the Terms of Reference for the Durham Agricultural Advisory Committee be revised, as outlined inAttachment #2 to Report #2005-P-15 of the Commissioner of Planning; and d) THAT a copy of Report #2005-P-15 of the Commissioner of Planning be forwarded to the Durham Agricultural Advisory Committee, and the area municipalities." (Correspondence referred to the Director of Planning Services and to the Clarington Agricultural Advisory Committee) Council Meeting Minutes -7- April 4 , 2005 COMMUNICATIONS D-7 F22.GE C10.GE Tony Derro, Secretary, The Association of Municipal Tax Collectors of Ontario, advising that at a meeting held on February 5, 2005 their Executive passed the following resolution regarding Property Tax Protection: "WHEREAS mandatory property tax increase protection has been in place for the business sector since the original implementation of current value assessment (CVA) in 1998; and WHEREAS many protected properties continue to pay property taxes at a level far below CVA tax; and WHEREAS properties that should be receiving property tax decreases continue to pay at an unfair level of over 100% of CV A tax in order to fund tax dollars not levied to properties protected by the capping regime; and WHEREAS the Province of Ontario has provided optional capping tools which may be utilized to increase progress towards taxation based on CVA; and WHEREAS property taxation based on CVA has been the goal since the implementation of current value assessment in 1998; and WHEREAS property taxation based on CVA is considered to be a fair and equitable method of distributing taxes; and WHEREAS assessment value volatility is naturally controlled through the process of annual reassessments; NOW THEREFORE BE IT RESOLVED THAT the Association of Municipal Tax Collectors of Ontario (AMTCO) strongly urges the Province of Ontario to amend the legislation commencing for the 2006 taxation year, to specify that once a property reaches CVA taxation, it remains at CVA taxes, regardless of the result of future reassessments; and THAT A COPY OF THIS RESOLUTION BE FORWARDED to The Honourable Dalton McGuinty, The Honourable Greg Sorbara, The Honourable John Gerretson, the Municipal Finance Officers Association (MFOA), the Association of Municipal Managers, Clerks & Treasurers of Ontario (AMCTO), the Association of Municipalities of Ontario (AMO), and all the AMTCO member municipalities, requesting endorsement." Council Meeting Minutes -8- April 4 , 2005 COMMUNICATIONS Resolution #C-163-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution of the Association of Municipal Tax Collectors of Ontario regarding Property Tax Protection be endorsed by the Council of the Municipality of Clarington. "CARRIED" D-8 C10.MO Anna Knowles, Deputy Clerk, Town of East Gwillimbury, advising that at a meeting held on February 21, 2005 their Council passed the following resolution: "WHEREAS the funding required to provide social services to all people in Ontario who are in need must be derived from sustainable and long-term sources of revenue that can withstand the fluctuations in costs resulting from fluctuations in the provincial and national economy; AND WHEREAS Provincial legislation requires that municipalities within the Greater Toronto Area and Hamilton (GTAH) must contribute to the funding of social services in the City of Toronto through GTA pooling, resulting in limited funds to provide social services within their own municipalities; AND WHEREAS the payment of such "pooling costs" amounts to taxation without representation on the residents of GT A municipalities; AND WHEREAS the current method of funding a significant portion of social services through municipal property taxes is regressive and inappropriate; AND WHEREAS the method of funding social services costs is more effectively done through income taxes, which method is progressive and more appropriate; AND WHEREAS Ontario is the only province to require municipalities to contribute towards social assistance; AND WHEREAS the Council of the Town of East Gwillimbury has been advised that East Gwillimbury's share of the pooling costs are estimated at $1.8 million for 2005; Council Meeting Minutes -9- April 4 , 2005 COMMUNICATIONS AND WHEREAS the businesses and residents of the Town of East Gwillimbury have contributed approximately $12.6 million to the GT A pooling costs since 1998; AND WHEREAS an elimination or reduction in pooling costs would benefit all taxpayers in the Town of East Gwillimbury by mitigating the need for property tax rate increases in excess of inflation and by making tax room available that could be used for social assistance and social housing initiatives within the Town; AND WHEREAS the Town of East Gwillimbury recognizes that there is a deficiency of social units and homeless shelters in the Region of York; and, that the current construction by Transitional and Supportive Housing Services of York Region of a new and innovative family shelter located in East Gwillimbury for York Region residents has be halted due to lack of funding; AND WHEREAS the Council of the Town of Richmond Hill has passed a resolution stating it will withhold its share of Regional pooling costs, estimated to be $15,660,000 in the 2005 Regional levy to bring attention to the problems inherent with GTA pooling costs; AND WHEREAS the Council of the Town of Georgina has passed a resolution stating it will not pay its share of pooling costs to the Region of York, which for Georgina is estimated to be $2.7 million for 2005; AND WHEREAS the Greater Toronto Area and Hamilton (GTAH) Mayors and Chairs have respectfully requested a meeting with the Minister of Community and Social Services, the Minister of Municipal Affairs and Housing, and the Minister of Finance to discuss a framework for moving toward a more appropriate method of funding social services costs in the GT A; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of East Gwillimbury supports the intent of the resolutions of the Town of Richmond Hill and the Town of Georgina, attached hereto as Appendixes A and B, respectively; And further, that the Council of the Town of East Gwillimbury respectfully requests that the Minister of Community and Social Services, the Minister of Municipal Affairs and Housing and Council Meeting Minutes -10- April 4 , 2005 COMMUNICATIONS The Minister of Finance take the necessary actions to move toward a more appropriate method of funding social service costs in the GTA; And further, that this resolution be sent to all municipalities in the Greater Toronto Area requesting they pass a similar motion in this regard; And further, that this resolution be sent to the Provincial Minister of Community and Social Services, Sandra Pupatello, Minister of Finance, Greg Sorbara; Minister of Municipal Affairs and Housing, John Gerretsen, and to the Federal Minister of State (Infrastructure and Communities), the Honourable John Ferguson Godfrey. Resolution #C-164-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Anna Knowles, Deputy Clerk, Town of East Gwillimbury be advised of actions previously taken by Council regarding pooling of social assistance and social housing costs in the GTA. "CARRIED" D-9 C10.MO Anna Knowles, Deputy Clerk, Town of East Gwillimbury, advising that at a meeting held on February 21,2005 their Council passed the following resolution regarding a Request for Provincial Funding Assistance: "WHEREAS the Government of Ontario has announced an additional $45 million in business and TTC subway assistance to the City of Toronto in 2005, including a one-time payment of $20 million towards improvements to the TTC and $25 million in one-time assistance to promote a competitive business climate by offsetting a proposed 1.5 per cent property tax rate increase on its business tax classes; WHEREAS the Government of Ontario has announced that the total transit and budget assistance flowing to Toronto in 2005 is $217 million; AND WHEREAS the Government of Ontario has provided Toronto with unprecedented and substantial assistance to address the City's budget pressures since 2003; Council Meeting Minutes -11- April 4 , 2005 COMMUNICATIONS AND WHEREAS the Association of Municipalities of Ontario (AMO) has identified that all Ontario municipalities suffer an infrastructure deficit that affects the health and safety of our residents and the economic competitiveness of our communities; AND WHEREAS certain local municipal cost increases are directly attributable to meeting provincial program standards and requirements; AND WHEREAS the Council of the Town of East Gwillimbury is alarmed by escalating budgetary pressures and the affordability of necessary property tax rate increases; AND WHEREAS the Regional Municipality of York and each of its nine local municipalities, including the Town of East Gwillimbury, have achieved the lowest property tax ratios in Ontario; AND WHEREAS Provincial legislation prohibits the Region of York and its nine local municipalities from increasing property tax ratios, eliminating any opportunity to subsidize the residential property tax burden through the tax burden of the business community, a practice continued in the City of Toronto; AND WHEREAS the Council of the City of Vaughan has requested the Province of Ontario to provide financial assistance to the City of Vaughan in the amount of $5.6 million; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of East Gwillimbury respectfully requests the Province of Ontario to provide financial assistance to the Town of East Gwillimbury in the amount of $705,000 for the 2005 fiscal year, to prevent both a potential property tax increase in excess of the average rate of inflation and a reduction in the Town's level of service to its businesses and residents; And further, that this resolution be sent to the Association of Municipalities of Ontario (AMO) and to all municipalities in the Province of Ontario; And further, that this resolution be sent to the Provincial Minister of Finance, Greg Sorbara; Minister of Municipal Affairs and Housing, John Gerretsen, and to the Federal Minister of State (Infrastructure and Communities), the Honourable John Ferguson Godfrey." Council Meeting Minutes -12- April 4 , 2005 COMMUNICATIONS Resolution #C-165-05 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 9 be received for information. "CARRIED" D - 10 C10.MO Ron Moran, National President, (CEUDA), Customs Excise Union Douanes Accise, requesting Council's support of the following resolution regarding a Canadian Border Patrol: "WHEREAS border security in Canada is very important and not properly ensured; WHEREAS border security was once strictly a responsibility of Customs; WHEREAS responsibility for the border between points of entry was given to the RCMP in the 1930's and Customs retained responsibility at points of entry; WHEREAS the RCMP Commissioner has testified to the House of Commons Justice Committee on December 9,2004, that the RCMP does not have enough resources to fulfill its mandate along the border, and is exclusively focused on gathering intelligence and investigating major cases; WHEREAS the RCMP cannot possibility be expected to satisfy a border patrol mandate because it also has to provide police response to other crises in communities; WHEREAS Customs is at the border already and has developed expertise on how to provide border security during its more than 100 years at the border; WHEREAS Customs has a border patrol expertise already established in that it operated what were called Flexible Response Teams during the late 1990's until the early 2000 years - time at which the Government of Canada's funding of the Anti- Smuggling Initiative ceased last year; WHEREAS Canada has in excess of 200 unguarded roads that can be sued to enter Canada from the US; Council Meeting Minutes -13- April 4 , 2005 COMMUNICATIONS WHEREAS we know that there are hundreds of vehicles that enter Canada on any given month without report to Customs - we don't know who is in those vehicles or what they carry; WHEREAS the Canada Border Services Agency (CBSA) recorded over 1,600 vehicles entering Canada in 2004 and failing to report to a Customs office; WHEREAS there are 139 work locations on record in Canada where Customs Officers work along and have little hope of receiving timely and adequate backup for assistance; WHEREAS Customs Officers have stopped calling police for backup in many locations across Canada because police response for backup has become next-to-non-existent because of a lack of resources; WHEREAS border security is a federal responsibility; WHEREAS CBSA has an interpretation advising if the applicable rules of continuity for evidence would not stand in a court of law should a Customs Officer working alone arrest someone then proceed to deal with processing additional traffic that would arrive at the port - rules dictate that one must keep an eye on the arrested individual at all times, without exception; WHEREAS meaningful border security is field-driven, hands on, and requires eyes and ears on the ground at the front-line, and is not merely intelligence-driven-from-Iarge-urban-centres-or- Ottawa; WHEREAS the cannabis trade between Canada and the US is becoming a major problem that, unless it is curbed, could significantly threaten our legitimate trading relationship with the US; WHEREAS a border patrol would have the capacity to both intervene as well as gather evidence and facts on the front-line as the eyes and ears on the ground and to then relate that information to proper authorities such as police and our partners in the US; WHEREAS a border patrol would only serve one master, the border, and be able to focus its entire resources at maintaining a secure border, providing rapid assistance to Customs Officers Council Meeting Minutes -14- April 4 , 2005 COMMUNICATIONS working alone, providing backup for Customs Officers, and guarding unguarded roads; WHEREAS every town, village, parish, county, municipality, and city situated on or in close proximity to the US border has a collective and vested interest to ensure border security is provide in a meaningful and enforceable way; BE IT RESOLVED THAT the Canadian Federation of Municipalities supports the Customs Excise Union Douanes Accise in its bid to have the Government of Canada give to the Canada Border Services Agency the first-response mandate to patrol the border between points of entry and working in partnership with the RCMP and other police forces, that latter of whom would act as the second-response partner along the boarder at and between the points of entry; and BE IT FURTHER RESOLVED THAT the Canadian Federation of Municipalities supports that this first-response mandate must be delivered by way of a border patrol. Resolution #C-166-05 Moved by Councillor Schell, seconded by Councillor Ping Ie THAT Correspondence Item D - 10 be received for information. "CARRIED" D - 11 Doug Allingham, P. Eng. Consultant Project Manager, Totten Sims Hubicki Associates, advising that The Ontario Ministry of Transportation, in consultation with the Region of Durham has commenced an Individual Environmental Assessment (lEA) Study to address transportation deficiencies in Durham Region. The development of lEA includes consultation with federal and provincial agencies, municipalities and the public to ensure the environmental process is followed. As part of the process, they have re-constituted the Community Advisory Group (CAG) from the EA Terms of Reference process. The CAG will be composed of approximately 18-25 individuals and will meet ten times through the estimated three year project period to provide advice to the Project Team on the Study. He is requesting that Council either re-nominate Linda Gasser to serve on the CAG or appoint a new representative. Council Meeting Minutes -15- April 4 , 2005 COMMUNICATIONS Resolution #C-167 -05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D - 11 be referred to the Municipal Clerk to place an advertisement in the local newspaper; and THAT the recommendations contained in Linda Gasser's delegation be including in the advertisement. "CARRIED" NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report- March 29, 2005 Resolution #C-168-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of March 29, 2005, be approved as recommended with the exception of Item #4; and THAT Item #4 be amended to read as follows: "THAT Report PSD-039-05 be received; THAT the request for removal of Part Lot Control with respect to Part of Block E, on Registered Plan 702, be approved; THAT the Part Lot Control By-law attached to Report PSD-039-05 be forwarded to Council for adoption at such time as the applicant has entered into a development agreement satisfactory to the Director of Planning Services; THAT the Mayor and Clerk be authorized to execute a development agreement; and THAT all interested parties listed in Report PSD-039-95, any delegations and the Regional Municipality of Durham be advised of Council's decision. "CARRIED" Council Meeting Minutes -16- April 4 , 2005 UNFINISHED BUSINESS Resolution #C169-05 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the delegation of Linda Mastromartino, Euphoric Events - Durham Region Men of Distinction Awards be referred to staff. "CARRIED" OTHER BUSINESS Resolution #C-170-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the Rules of Procedure be waived to allow for introduction of new business at this time. "CARRIED" Resolution #C-171-04 Moved by Councillor Robinson, seconded by Councillor Trim WHEREAS the Council of the Municipality of Clarington recognizes that the Durham Central Agricultural Exhibition has existed in the Village of Orono for over 150 years; AND WHEREAS this very important annual tourist attraction draws thousands of visitors to the area for three days every year and this year it will be September 8, 9, 10 and 11, 2005; AND WHEREAS the Durham Central Agricultural Fair Board has asked if it would be possible for the Municipality to provide shuttle bus services from downtown Bowmanville, the largest urban centre, to the Village of Orono in order to facilitate greater participation of our local residents in this event; AND WHEREAS the Staff of the Engineering Services Department has investigated the possibility; AND WHEREAS the provision of this service has been very well received by the community in previous years; AND WHEREAS an hourly shuttle bus service can be provided to the Orono Fair at a cost of approximately $1,000 total for September 9, 10 and 11, 2005, using a private bus operator: Council Meeting Minutes -17- April 4 , 2005 OTHER BUSINESS NOW THEREFORE BE IT RESOLVED THAT the Engineering Services Department be directed to make the necessary arrangements for the Orono Fair shuttle bus service and to charge the cost of this service to the Transit Miscellaneous Operating account 100-32-323-10435-7112. "CARRIED" Resolution #C-172-05 Moved by Councillor Schell, seconded by Councillor Foster THAT the meeting be "closed to address a confidential legal matter. "CARRIED" The meeting continued in open form at 7:43 p.m. BY.LAWS Resolution #C-173-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-047 to 2005-054,inclusive and that the said by-laws be now read a first and second time: 2005-47 2005-48 2005-49 2005-50 2005-51 2005-52 being a by-law to adopt Amendment No. 41 to the Clarington Official Plan being a by-law to authorize entering into an Agreement with George I. Lysyk and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 36 Quinn Avenue, Bowmanville being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington being a by-law to declare Part X on Reference Plan 40R-XXXXX to be surplus; Council Meeting Minutes -18- April 4 , 2005 BY-LAWS 2005-53 being a by-law to declare Part X on Reference Plan 40-XXXXX to be surplus "CARRIED" Resolution #C-174-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-047 to 2005-054 inclusive, be approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-175-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-055 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 4th day of April, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-176-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-055 be approved. "CARRIED" Council Meeting Minutes -19- ADJOURNMENT Resolution #C-177 -05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting adjourn at 7:50 p.m. "CARRIED" MAYOR MUNICIPAL CLERK April 4 , 2005 SUMMARY OF CORRESPONDENCE APRIL 18, 2005 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Kaye Quinney, Treasurer, Clarington East Economic Support, thanking Council for their grant of $1 ,500.00. I - 2 Douglas Stevens, Pastor, The Salvation Army, thanking Council for their grant of $1,500.00. 1-3 John O'Toole, MPP, Durham, providing Council with a copy of The Honourable Dalton McGuinty, Ontario's Premier's, response regarding dairy herd improvement funding and Sound-Sorb. I - 4 Greg Sorbara, Minister of Finance and John Gerretsen, Minister of Municipal Affairs and Housing, advising Council of the new Ontario Municipal Partnership Fund (OMPF) and providing Council a copy of their brochure. I - 5 The Honourable Dalton McGuinty, Leader of the Ontario Liberal Party, Premier, providing Council with a copy of his remarks delivered on March 9, 2005, at the annual Hertiage Dinner. I - 6 Rob Browning, Ontario Association of Fire Chiefs, advising Council of their Annual Meeting and Educational Seminars. They have partnered with the City of Toronto Fire Department to offer special programs tailored specifically for municipal politicians. I - 7 Lezlie Goodwin, Communications Specialist, Kawartha Conservation, providing Council with a copy of their first progress report on Source Water Protection Planning. I - 8 Monte Kwinter, Minister of Community Safety and Correctional Services, providing Council with a grant of $178,000.00 for the municipal fire services budget. The government is providing one-time funding to Ontario's fire departments to strengthen the delivery of municipal fire protection services and provide firefighters with the tools they need to protect communities and to minimize personal harm. I - 9 Association of Municipalities of Ontario, advising Council that the Public Safety Related to Dogs Statute Law Amendment Act, 2004 and other amendments to the Dog Owners' Liability Act will go into effect on August 29, 2005. 1_ 10 John O'Toole, MPP, Durham, providing Council with a copy of a recent news release from the Hamilton Spectator regarding an Energy Park project in Prot Colborne. Summary of Correspondence - 2 - April 18, 2005, I - 11 Lake Simcoe Region Conservation Authority, providing Council with a copy of their 2004 Annual Report. 1- 12 Carol Barkwell, Executive Director, Luke's Place Support and Resource Centre for Women and Children, thanking Council for their grant. It has been fifteen months since they opened their doors to offer service and it is clear that such a centre is very much needed and supported within this community. 1-13 Karen Monaghan, Communications, Community Relations and Public Affairs, Lakeridge Health, advising Council that Oshawa - Lakeridge Health has served layoff notice to local unions as the first step in the elimination of up to 308 union and non-unionized positions across the organization as it continues to deal with its multi-million dollar fiscal challenges. 1- 14 John O'Toole, MPP, Durham, advising Council that he supports the plans to enhance GO Transit access. Mr. O'Toole has also provided Council with a copy of his letter addressed to Minister Takhar expressing his support for the proposed transit hub in Bowmanville. 1-15 Paul Sawyer, Clinical Coordinator, Cardiopulmonary Laboratories, Cardiovascular Prevention and Rehabilitation Program, advising Council of their event called the 'Walk of Life". The event is a fund raising three mile walk held with the Canadian Cardiac Rehab Foundation and will be on Sunday, May 15, 2005 from 11 :00 a.m. to 3:00 p.m. in Whitby. 1- 16 Mark Foster, Kendal Eagles Baseball Club, thanking Council and the Community Services Department for their grant. They will be using the money to upgrade the pitching mound and the batters boxes at Harvey Jackson Memorial Park. 1-17 Members of the Newtonville Hall Board, thanking Council for their $2,500.00 grant. I - 18 Minutes of the Newcastle Community Hall Board dated February 15, 2005. (Copy attached) 1-19 Donna McFarlane, Vice-President, Communications and Marketing, Durham College and UOIT, inviting Council and Senior staff members to tour their ever changing campus. 1-20 Roger Anderson, President, Association of Municipalities of Ontario (AMO), providing Council with important information on federal gas tax revenue sharing for municipalities. AMO applauded the federal government for its decision to adopt a fair and equitable allocation formula based on population. AMO's Board unanimously adopted the position that federal gas tax revenues should be allocated among Ontario's municipalities based solely on population and, in the case of two-tier municipal governments, the allocation would be divided 50:50 between the Summary of Correspondence - 3 - April 18, 2005 upper and lower tiers. The Board considered its unanimous position on the gas tax allocation to be an important step in moving forward as quickly as possible on the gas tax initiative. The Board's unanimous position sends a strong and clear signal to the Federal Government that AMO members are unified and looking forward to investing federal gas tax revenues in priority infrastructure projects without delay. I - 21 David Clark, Executive Vice President, Corporate Affairs, Veridian Corporation, advising Council that the dividend declared for this year is in excess of the predicted dividend level. Veridian surpassed its target for 2004 net income by nearly $1 million. Consolidated net income for the corporation for 2004 was $4.5 million. The favourable results are a result of improved operating efficiencies, more than expected external revenues and favourable tax expense recoveries. I - 22 Minutes of the Clarington Accessibility Advisory Committee meeting dated April 7, 2005. (Copy attached) I - 23 Association of Municipalities of Ontario (AMO), advising Council of important matters considered at the regular meeting of the AMO Board of Directors. These issues include: . Federal Gas Tax Allocation . Municipal Council Term and Related Matters: The Board confirmed the following position based on the input from the membership: I. That the term of municipal council be changed to four (4) years, effective beginning with the election in 2006. (Therefore, the 2006 election would be a four (4) year term. This requires an amendment to the legislation so that proclamation would effect this change in time.) il. That School Board elections continue to coincide with the municipal election. iil. That the November date for election not be changed. iv. That the voting age not be changed at this time. . Transfer of the Social Housing Mortgage Renewal Function to the Social Housing Services Corporation . Source Separated Organics Background Paper 1-24 Frank Hoar, Secretary, Newcastle - Bond Head Ratepayers Association, requesting Council to build the new proposed Library for the Village of Newcastle close to the downtown area due to the majority of users being retired and senior people. I - 25 Orono Figure Skating Club, thanking Council for their grant. The grant will assist in providing ice time and coaching for their young skaters. Summary of Correspondence - 4- April 18, 2005. CORRESPONDENCE FOR DIRECTION D - 1 Karen Monaghan, Communication, Community Relations and Public Affairs Officer, Lakeridge Health, requesting Council to proclaim the week of May 9, 2005, as Nursing Week. (Motion to Proclaim) D - 2 Sandi King, Founder/Facilitator, Durham Hepatitis C Support Group, requesting Council to proclaim May 1, 2005, as Hepatitis C Awareness Day and the month of May, 2005, as Hepatitis C Awareness Month. (Motion to proclaim May 1, 2005, as Hepatitis C Awareness Day and the month of May, 2005, as Hepatitis C Awareness Month) D - 3 Evylin Stroud, advising Council that she is resigning from the Accessibility Advisory Committee due to personal health concerns. Ms. Stroud notes that she has enjoyed her work with the Committee and that the Committee has accomplished a number of significant goals. (Motion to refer correspondence to the Municipal Clerk's Department) D - 4 Newtonville Hall Board, requesting permission to close Church Lane and Newtonville Mill Street from 10:00 a.m. until 4:00 p.m. on Saturday, June 18, 2004, for their second Community Day at the Ina Brown Parkette. (Motion to approve provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 5 Regional Municipality of Niagara, advising that the Council of the Regional Municipality of Niagara on March 3, 2005, passed the following resolution: "WHEREAS The Ontario Federation of Agriculture has called on the Provincial and Federal Governments to act in order to solve the problem of farm viability; and WHEREAS many issues that promote farm financial uncertainty are as a result of arbitrary changes to farm safety net programs by the Provincial and Federal Governments; and WHEREAS many more as yet unclear regulatory and administrative rules and requirements have the potential to be cost prohibitive and unworkable; and WHEREAS programs supporting long standing rural infrastructure have been eliminated or reduced; Summary of Correspondence -5- April 18, 2005 THEREFORE BE IT RESOLVED THAT the Regional Municipality of Niagara recognize the real threat to the long term viability of Ontario farmers and request that the governments of Ontario and of Canada to: a. ensure that the implementation and application of nutrient management rules are done in a way that addresses the concerns the farm community has repeatedly raised; b. Recognize that environmental benefits provided by farmers offset any need for administrative charges on water taking permits. c. Restore confidence of governmenUfarmer partnership by re-establishing long-term investment in drainage infrastructure. d. Immediately implement an action plan to address the farm income crisis. AND FURTHER BE IT RESOLVED THAT this resolution be circulated to all municipalities in Ontario, all members of Parliament in Ontario, all members of Provincial Parliament and to the Ontario Federation of Agriculture, requesting their support and further that the municipalities that endorse this resolution ask their local Ontario Federation of Agriculture Committees to do the same." . (Motion to refer correspondence to the Agricultural Advisory Committee) D - 6 The Corporation of the County of Prince Edward, advising Council that the County of Prince Edward on March 23, 2005, passed the following resolution: "THAT County of Prince Edward not set the 2005 budget until the Province of Ontario announces the level of funding that it will be forwarding specifically to the County of Prince Edward through the Community Reinvestment Funding; THAT staff be directed to advise the Premier and the Minister of Finance; and THAT this resolution be circulated to AMO, OSSUM, M.P.P. Ernie Parsons, and M.P. Daryl Kramp and other rural municipalities in Ontario." (Motion for Direction) Summary of Correspondence - 6 - April 18, 2005, D - 7 Laura Moy, Clerk, The Corporation of the Town of Tecumseh, writing to The Honourable Monte Kwinter, Minister of Community Safety and Correctional Services, advising that the Council of the Town of T ecumseh on January 25, 2005, passed the following resolution: "THAT the Province of Ontario to be petitioned to provide 1 00% funding to the Canadian Red Cross to provide disaster relief training; AND FURTHER THAT a copy of this resolution be distributed to all Ontario Municipalities for support." (Motion for Direction) D - 8 Sandra Krane, City Clerk, City of Oshawa, writing to the Region of Durham, advising that the City of Oshawa on March 21, 2005, passed the following resolution: 'WHEREAS the Region of Durham implemented a special levy in 1998 to offset the costs of GO Transit downloaded to the GT A Regions by the Province under Local Service Realignment; and WHEREAS the Province took back responsibility for GO Transit from Regions commencing in 2002 and expected that 'municipalities will commit their released municipal levy funds to support transit priorities'; and WHEREAS Regional Council on February 13, 2002, approved a resolution that redirected $8.4 million of the Region's previous GO Transit levy to area municipalities for 'transit-related purposes'; and WHEREAS the levy allocation was continued in 2003 and 2004 with no further restrictions on its use; and WHEREAS area municipalities have used the levy allocation to offset transit operating and capital expenditures; and WHEREAS the Regional Transit Implementation Committee is now considering restricting the use of the 2005 levy allocation to area municipalities for capital expenditures only to ensure municipalities use the funding to offset new bus acquisition costs and avoid future debenture commitments for the Region; THEREFORE NOW BE IT RESOLVED THAT Oshawa City Council request Regional Council to not change the stated purpose of the transit level allocation approved February 13, 2002; however: Summary of Correspondence - 7 - April 18, 2005 1. THAT the 2005 Regional funding allocation (formerly GO Transit levy) to area municipalities for transit-related purposes be applied firstly to fully offset capital acquisitions that will be transferred to the Region in 2006 and then to support other transit-related priorities; and 2. THAT a copy of this motion be forwarded to Durham area municipalities and they be requested to support this recommendation. 3. THAT the Region be requested to explain to the City of Oshawa who Oshawa's representative is on the Regional Transit Implementation Committee." (Motion for Direction) D - 9 Sandy Cook, Great Canadian Town Band Festival, requesting Council's approval to hold the Great Canadian Town Band Festival on Saturday, July 9, 2005, in Orono. This year, the entire daytime activities will occur on the lawn of the Clarke Branch Library. Neither the streets nor sidewalks will be occupied. Portable toilets will be set up on the northeast corner of the property, in the library parking lot. Parking will be along the streets and in the fairgrounds. There is no charge for the daytime activities. An entrance fee of $10.00 per person will be charged for the Tattoo. (Motion for Direction) D - 10 Sandra Krane, City Clerk, City of Oshawa, advising the Region of Durham that the Council of the City of Oshawa on March 21, 2005, passed the following resolution: "1. THAT the Region of Durham respectfully be: (b) requested to reimburse all costs associated with the provision of EMS service provided by municipal Fire Services, as per Option 2 outlined in Section 3.2.3 of Report OS-05-37 -CM dated March 8, 2005; and (c) continue to comply with established response criteria protocols for the dispatch of municipal Fire Services. 2. THAT Report OS-05-37-CM be forwarded to Durham Region municipalities, the Association of Municipalities of Ontario, area MPP's, the Association of Municipal Emergency Medical Services of Ontario, the Ontario Association of Fire Chiefs, the Ontario Fire Marshal's Office, and the Ministry of Community Safety and Correctional Services requesting a letter of support be forwarded to the Minister of Health and Long Term Care for increased funding for the Regional provision of Emergency Medical Services, Regional Summary of Correspondence - 8 - April 18, 2005. reimbursement of costs for municipal Fire Services EMS support, and the transfer of the Central Ambulance Communications Centre to Regional EMS; 3. THAT the Ministry of Health and Long Term Care arrange a meeting with the Ministry of Community Safety and Correctional Services, and the Ontario Association of Fire Chiefs to address improvements in the EMS model including increased funding for the provision of emergency medical services; 4. THAT the Ministry of Health and Long Term Care be requested to establish up-to-date response time standards for Regional EMS; 5. THAT the City of Oshawa request the support of other Durham Region municipalities to have Durham Region in its development plans for new emergency medical service facilities ensure comprehensive location analyses are completed which include local fire station locations as possible locations for ambulance facilities." (Motion for Direction) D - 11 Cameron Mack, Director, Fish and Wildlife Branch, Ministry of Natural Resources, requesting Council's support to help reduce wildlife-related crop and property damage in Southern Ontario. Mr. Mack is proposing to allow gun hunting on Sundays on private land during existing gun hunting seasons, which remain subject to all restrictions under the Fish and Wildlife Conservation Act (FWCA), including those associated with public safety and conservation. This proposal does not affect Clarington's existing by-laws. Rather, the Ministry of Natural Resources would begin the steps required to facilitate having Clarington added to the existing list of municipalities where Sunday gun hunting is allowed by regulation under the FWCA. (Motion for Direction) D - 12 Kriss Snell, Clerk, Town of North Perth, "dvising Council that the Council of the Town of North Perth on March 22, 2005, passed the following resolution: "WHEREAS The Building Code Act, 1992 has been amended through the Building Code Statute Law Amendment Act, 2002 (Bill 124); AND WHEREAS changes to the Building Code have been made through OREG. 305/03 filed July 25,2003; WHEREAS the fast approaching implementation of Bill 124 is placing undo hardship on smaller rural municipalities in regards to training and implementation; Summary of Correspondence - 9 - April 18, 2005, THEREFORE BE IT RESOLVED that the Corporation of the Town of North Perth request the Minister of Municipal Affairs and Housing to: . Extend the July 1, 2005, deadline for implementation of Bill 124 to allow smaller rural municipalities the flexibility, in order to meet the training requirements; . Recognize the Ontario Building Officials Association as a parallel certification process; . Recognize and implement an internship program; . Remove the designer requirements for dwellings subject to Ontario New Home Warranty (Tarion); . Remove the designer requirements for unenclosed porches on dwellings; AND FURTHERMORE THAT a copy of this resolution be circulated for support to AMO for distribution to all municipalities, the Ontario Building Officials Association and Perth Middlesex MPP John Wilkinson. (Motion for Direction) D - 13 Roger Mittag, Holy Trinity Catholic Secondary School, requesting financial support in sending the Titans Senior soccer team to the OFSAA championship being held in Thunder Bay this June. This is a fairly expensive trip ($535.00 per person) for the team and they will not be receiving funding from the school board. (Motion for Direction) COUNCIL llIF'ORKATION 1-18 MUNIICPALITY OF CLARlNGTON NEWCASTLE COMMUNITY HALL BOARD Minutes of a meeting of the Newcastle Community Hall Board held on February IS, 2005 at 7:00 PM in the Auditorium. 0:::nA~UTt6N '. tilERK I..:'i::::l 1 " ." 1. ~li_". j ACI(. BY i ORJ(l.LNAL I .~ l" PIES r . Present Were: P. DeJong C. Trim K. Quinney S. DeJong B. Snowdon G. Bell (secretary) Regrets From: C. Abraham (chair) G. Robinson ! -f 1 /: .. --~ r---.-,.,.""..I"'".........,......!"'. ~ ...; ''-""''''". ...."-..-~--_~.t,__".....; P. DeJong chaired the meeting. MINUTES 1.1 Motion by B. Snowdon, seconded by K. Quinney THAT minutes of January 18, 2005 be accepted as circulated. "CARRIED" APPOINTMENTS/CHAIR ELECTION 2.1 Appointments for the next 2 year term were announced - Kaye Quinney, Seird DeJong, and Peter DeJong. 2.2 Motion by P. DeJong, seconded by S. DeJong THAT Cathy Abraham is nominated for position of chair for the year 2005. "CARRIED" BUSINESS ARISING 3.1 Quote of$1737.58 from Rigby Mechanical for new toilets and taps was received. Motion by K. Quinney, seconded by B. Snowdon THAT we hire Rigby Mechanical to install 3 new toilets and taps for $1737.58. "CARRIED" 3.2 Letter to be sent to Director of Operations thanking his department for their support over the past year. Note that we have included installing new toilets and taps in our budget for 2005 . We are aware it falls under his domain, but felt it was a project we were able to afford within our budget. THAT the financial report be accepted as circulated. ':CARRIED" Page 2 3.3 P. Dejong will purchasing ladder. 3.4 Inspection of emergency lighting has been referred to Director of Operations rather than the Fire Dept. 3.5 Trans Air has been in to look at leak in Kitchen - no report back yet. 3.6 Secretary to make up 3 signs for Auditorium doors "Please keep doors shut or furnace will shut off' and "Please use door to the right" for the front entrance. 3.7 Director of Operations is arranging for repair of leak in back corner of stage. 3.8 Ten (10) larger recycling bins have purchased for the hall. FINANCIAL REPORT 4.1 Motion by S. Dejong, seconded by B. Snowdon BILLS 5.1 Motion by K. Quinney, seconded by C. Trim THAT bills in the amount of$ for supervision be paid. "CARRIED" CORRESPONDENCE/SUPERVISION 6.1 Motion by K. Quinney, seconded by C. Trim THAT a donation of $50.00 be made to Heart & Stroke on the Board's behalf in memory of Michael Taylor (husband of Director of Finance Nancy Taylor) "CARRIED" 6.2 Letter from Finance Department requesting our records for 2004 for audit purposes. Secretary will deliver as requested. 6.3 Membership notice for Board of Trade. Motion by S. Dejong, seconded by K. Quinney THAT the Newcastle Community Hall purchase membership with the Board of Trade for 2005 "CARRIED" 6.4 February supervision was allocated. 6.5 Letter from Early Years requesting additional lighting outside - secretary will obtain details for next meeting. NEW BUSINESS 7.1 C. Trim reported there will be five (5) new "Welcome" signs erected coming into the Village on Regional Property - 2 at 401/Mill St., 1 each at east, west and , north entrances. They will have a picture of the Community Hall on them. Motion by S. DeJong, seconded by B. Snowdon Page 3 THAT the .Qoard approves of the use of a picture of the Newcastle Community Hall picture on the "Welcome" signs. "CARRIED" Adjourned 7:55 PM COUNCIL lllFORKATION 1-22 CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE APRIL 7, 2005 6:30 P.M. MEETING ROOM #1A Present: David Kelly, Chair Sandra Crandall Tim Hicks Keith Kelly Pat Rundle Councillor Adrian Foster Patti L. Barrie, Municipal Clerk Candice Doiron, Secretary Moved by Pat Rundle, seconded Suzanne Wortman Walter Zutell Darlene Matthews Regrets: 1. ADOPTION OF MINUTES THAT the minutes of the n March 3, 2005 be approved. ED 2. CLARINGTON A BUSINESS COMMUNITY CHALLENGE ittee that to date one business, Espresso Legato, has responded to the A ssibility Challenge. Pat Rundle indicated that Jay Set in the Bowmanville Mall gladly made their aisle ways more accessible when she approached them. The committee agreed to present these businesses with certificates of excellence which they can display in their store. Ron Collis asked the committee members to go in person to individual businesses to explain what the challenge is about and encourage them to get involved. Posters will be designed that can be displayed in store windows to support the challenge. 3. RICK HANSEN WHEELS IN MOTION CAMPAIGN Councillor Foster informed the committee that he has been given confirmation on the Darlington Provincial Park location for the campaign. He asked the committee to start approaching different business and service groups for cash donations or prize donations to support the campaign. Our target this year is $15,000.00. Claringlon Accessibility Advisory Committee - 2 - April 7, 2005 4. OTHER BUSINESS Anyone interested in attending Access Ontario II on June 13th & 14th is to notify Patti Barrie so that she can make reservations and appropriate accommodations. Patti Barrie advised that Evylin Stroud has resigned from the committee due to health reasons. 5. DATE OF NEXT MEETING The next regular meeting is scheduled to be held on May 5, 2005 at 6:30 p.m. in Meeting Room 1A at the Municipal Administrative Centre. 6. ADJOURNMENT Moved by Tim Hick, seconded by Pat Rundle THAT the meeting adjourn at 8:00 p.m. Chair Secretary Claringlon Energizing Ontario REPORT #1 REPORT TO COUNCIL MEETING OF APRIL 18,2005 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, APRIL 11,2005 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) CSD-04-05 - 2005 March Break Extravaganza 2. REZONING TO PERMIT A HOME-BASED OCCUPATION IN AN EXISTING DWELLING APPLICANT: TIM AND DORIS TAXIS THAT Report PSD-041-05 be received; THAT the application submitted by Martin Topolie on behalf of the Taxis be referred back to Staff for further processing; and THAT all interested parties listed in Report PSD-041-05 and any delegations be advised of Council's decision. 3. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 24, 2005 THAT Report PSD-048-05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on March 24, 2005 for applications A2005/001 and A2005/008; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623.3379 Report #1 - 2 - April 18, 2005 4. CLARINGTON OFFICIAL PLAN AMENDMENT APPLICATION APPLICANT: 1494392 ONTARIO LIMITED (VISSERS SOD FARM) THAT Report PSD-049-05 be received; THAT the Regional Municipality of Durham be advised that the Municipality of Clarington recommends that the application to amend the Durham Regional Official Plan (ROPA 2003-002) as submitted by Robert Craig on behalf of Tony and Thea Vissers, to permit the creation of a new lot for an existing dwelling deemed surplus to the farm operation, be approved; THAT Amendment No. 42 to the Clarington Official Plan as submitted by Robert Craig on behalf of Tony and Thea Vissers, to permit the severance of a surplus dwelling deemed surplus to the farm operation, be adopted as indicated in Attachment 2 to Report PSD-049-05 and that the necessary by-law contained in Attachment 3 to Report PSD-049-05 be passed; and further that the amendment be forwarded to the Regional Municipality of Durham for approval; THAT the Regional Municipality of Durham Planning Department be sent a copy of Report PSD-049-05; and THAT all interested parties listed in Report PSD-049-05 and the Regional Municipality of Durham Planning Department be advised of Council's decision. 5. TWO ADULT SCHOOL CROSSING GUARDS MEADOWGLADE ROAD AT ROBERT ADAMS DRIVE, COURTICE AND LONGWORTH AVENUE AT BROOKINGS STREET, BOWMANVILLE THAT Report PSD-050-05 be received; THAT an Adult School Crossing Guard be approved for the location on Meadowglade Road at the north-east corner of Robert Adams Drive, Courtice; THAT an Adult School Crossing Guard be approved for the location on Brookings Drive and Longworth Avenue, Bowmanville; and THAT all interested parties listed in Report PSD-050-05 and any delegations be advised of Council's decision. 6. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLICANT: LEE PAUL BOWMAN AND MARIE VALENTINE BOWMAN THAT Report PSD-051-05 be received; THAT the request for removal of part lot control with respect to Block 35 on 40M-1815 and Block 36 on 40M-1931 be approved and that the attached Part Lot Control By-law be passed pursuant to Section 50 (1.1) of the Planning Act; and Report #1 - 3- April 18, 2005 THAT all interested parties listed in Report PSD-051-05 and any delegation be advised of Council's decision. 1. CEMETERY BY-LAW AND TARIFF OF RATES THAT Report OPD-003-05 be received; THAT the Cemetery by-law revisions as outlined on the proposed by-law, as Attachment No.1 to Report OPD-003-05, be approved; and THAT the rates and fees as outlined on Schedule "A" of the by-law, as Attachment No.2 to Report OPD-003-05, be approved; and THAT the by-law be forwarded to the Ministry of Consumer and Business Services for approval. 8. PRIVATE PARKING ENFORCEMENT THAT Report CLD-12-05 be received; THAT the by-laws attached to Report CLD-12-05 to appoint parking enforcement officers for private property be forwarded to Council for approval; and THAT Jason Overholt, Ashlee Hardy, Andrew Clarke, Angela Kinghan, Allan Easson, Mathew Alexander, Valiant Property Management and P.R.O. Security Investigation Agency Inc. be advised of Council's actions. 9. 1774 RUDELL ROAD - FARM AGREEMENT THAT Report COD-016-05 be received; THAT the lease agreement (Attachment 1 to Report COD-016-05) with Browview Farms in the total amount of $1,000.00 for a term to commence immediately and to expire October 15, 2005 be approved; and THAT the by-law attached to Report COD-016-05 as Attachment 2 be approved authorizing the Mayor and Council to execute the necessary agreement. 10. RFP2005-5 - BROOKHILL NEIGHBOURHOOD SECONDARY PLAN AND URBAN DESIGN GUIDELINES THAT Report COD-017-05 be received; THAT The Planning Partnership, Toronto, Ontario with a total bid in the amount of $148,500.00 including disbursements (plus GST), being the lowest most responsible bidder meeting all terms, conditions and specifications of Request for Proposal RFP2005-5, be awarded the contract for the consulting Report #1 - 4 - April 18, 2005 services for the Brookhill Neighbourhood Secondary Plan and Urban Design Guidelines as required by the Planning Services Department; THAT the required funds be drawn from the Planning Department Consulting Budget Account # 100-50-130-x-1160 with financing as provided in the body of this report; and THAT the By-law marked Schedule "A" to Report COD-011-05 authorizing the Mayor and Clerk to execute the necessary agreement be approved. 11. DELEGATION OF CATHY ABRAHAM, CHAIRPERSON, NEWCASTLE HALL BOARD THAT the delegation of Cathy Abraham, Chairperson, Newcastle Hall Board be referred to staff. REPORT 12 Cl~mgron REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, April 18, 2005 Report #: PSD-052-05 File #: ZBA 2005-009 By-law #: Subject: APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: VELTRI AND SONS LIMITED RECOMMENDATIONS: It is respectfully recommended to Council, the following: 1. THAT Report PSD-052-05 be received; 2. THAT the application submitted by Veltri and Sons Limited to remove the Holding (H) symbol from Registered Plan 40M-2242 (Longworth Estates, Phase II), be approved FORTHWITH; 3. THAT the attached by-law to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and 4. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by6 ~ ~ '- Q d.:L.. . Franklin Wu Chief Administrative Officer a' J. Crome, M.C.I.P., R.P.P. Director, Planning Services CS/CP/DJC/df 13 April 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-052-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 1.2 1.3 Applicant: Rezoning: Location: Veltri and Sons Limited Removal of "Holding (H)" symbol Part of Lot 13, Concession 2, former Town of Bowmanville (Attachment 1) 2.0 BACKGROUND 2.1 On April 12, 2005, Staff received an application from Veltri and Sons Limited for the removal of the "Holding (H)" symbol on Lots 1-44, as shown on 40M-Plan 2242 (Draft Plan of Subdivision 18T-88051 Longworth Estates, Phase II). Removal of the holding symbol will permit the construction of forty-four (44) single family dwelling units. 3.0 STAFF COMMENTS 3.1 The applicant has entered into a subdivision agreement with the Municipality and registered the draft plan of subdivision under plan number 40M-2242. Provisions within the subdivision agreement require the developer to ensure that sufficient financial guarantees are provided to the Municipality for the completion of all works within the plan of subdivision. 3.2 The subject property is presently zoned "Holding-Urban Residential Type One ((H)R1)". Policies within the Municipality's Official Plan permit the use of holding symbols to ensure that prior to development the following matters are addressed and approved to the satisfaction of the Municipality: . Services and municipal works; . Measures to protect natural area; . Measures to mitigate the impact of development; . Submission of technical studies; . Execution of appropriate agreements; and/or . Any other requirements as may be deemed necessary by Council including the implementation of the policies of this plan. Similarly, within the Region's Official Plan, policies are in place noting that prior to a local Municipality's passage of a by-law to remove a holding symbol, Council is to ensure that: . The development is consistent with the orderly and phased development of the Municipality; REPORT NO.: PSD-052-05 PAGE 3 . The Owner has satisfied all of the requirements of the Municipality and entered into any necessary agreements in that regard, and; . The Owner has satisfied all the requirements of the Regional Municipality of Durham with respect to the provisions of sewer and water services, regional roads and entered into any necessary agreements. The approval of a by-law to remove the holding symbol from registered Plan 40M-2242 is appropriate at this time, as the provisions within the Municipality's and Region's Official Plan has been satisfied. 3.3 It is noted that pursuant to Section 36 of the Planning Act, a by-law amendment to remove the "Holding (H)" symbol is not subject to the normal appeal period afforded to a standard rezoning application and accordingly shall be deemed final and binding upon Council's approval. 4.0 RECOMMENDATIONS 4.1 In consideration of the comments noted above, approval of the removal of the "Holding (H)" symbol, as shown on the attached by-law and schedule (Attachment 2), is recommended. Attachments: Attachment 1 - Key Map Attachment 2 - By-law for Removal of "Holding (H)" symbol Interested parties to be notified of Council's decision. Mario Veltri !l~ !I. ATTACHMENT 1 -.- I- W W 0:: ~ ~ l- I en ,~, (!) 0 i I (!) ! :::l . () en . I . ~ ! , , - . JACk. lOT 10 MAN F? OAO J /O!l to!, fJ'" 1! ~N r i I ~ I - II~ ZBA 2005-009 Zoning By-law Amendment Owner: Veltri and Sons Limited ATTACHMENT 2 CORPORATION OFTHE MUNICIPALITY OF CLARINGTON BY-LAW NUMBER 2005- being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle WHEREAS the Council of the Corporation of the Municipality of Ciarington deems it advisable to amend By-law 84-63, as amended, of the Corporation of the former Town of Newcastle to implement ZBA 2005-009; NOW THEREFORE BE IT RESOLVED THAT. the Council of the Corporation of the Municipality of Clarington enacts as follows: 1. Schedule "3" to By-law 84-63. as amended. is hereby further amended by changing the zone designation from: "Holding-Urban Residential Type One (R1) Zone" to "Urban Residential Type One (R1) Zone". 2. Schedule "A" attached hereto shall fmm part of this By-law. 3. This By-law shall come into effect on the date of the passing hereof. subject to the provisions of Sections 34 and 36 of the Planning Act. BY-LAW read a first time this day of 2005 BY-LAW read a second time this day of 2005 BY-LAW read a third time and finally passed this day of 2005 John Mutton, Mayor Palli L. Barrie. Municipal Clerk This is Schedule "A" to By-law 2005- passed this day of . 2005 A.D. , J , i .!- ~! ,~! ! ~ . ~ . I- W w iii: I- III Cl o Cl :J U III , I ! , . , ~ I....--nlll ...................- ..M_____....... .-................... ......--........... ..............-..-- ....---..---- ................ Zoning Change From "{H)R1" To "R1" Zoning To Remain "EP" John Mutton, Mayor Patti l. Barrie. Municipal Clerk , ~ ~ ~ o J LONGWORTH AVENUE ~ < z o " ~ ~ " II II L1!:!IlE~_LLi~~ PRIVATE5j : II II II Bowmanville SUMMARY OF BY-LAWS APRIL 18, 2005 BY-LAWS 2005-056 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and the Planning Partnership, Toronto, Ontario, to enter into agreement for the Brookhill Neighbourhood Secondary Plan and Urban Design Guidelines (Item #10 of Report #1) 2005-051 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Brownview Farms, to enter into agreement for the lease of 1114 Rudell Road, Part Lot 31, Concession 1, former Township of Clarke, County of Durham, now Municipality of Clarington, Regional Municipality of Durham, more particularly described as Part 1 on Expropriation Plan DR302420 (Item #9 of Report #1) 2005-058 being a by-law to exempt certain portions of Registered Plan 40M-1815 and 40M-1931 from Part Lot Control (Lee Paul Bowman and Marie Valentine Bowman) (Item #6 of Report #1) 2005-059 being a by-law to adopt Amendment No. 42 to the Clarington Official Plan (1494392 Ontario Limited) (Vissers Sod Farm) (Item #4 of Report #1) 2005-060 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Jason Overholt) (Item #8 of Report #1) 2005-061 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Ash lee Hardy) (Item #8 of Report #1 ) 2005-062 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Andrew Clarke) (Item #8 of Report #1) 2005-063 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Angela Kinghan) (Item #8 of Report #1) 2005-064 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Allan Easson) (Item #8 of Report #1) 2005-065 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Mathew Alexander) (Item #8 of Report #1) 2005-066. being a by-law to declare Part 2 on Registered Plan 40R-23364 to be surplus (approved by Council on February 14, 2005) 2005-061 being a by-law to provide for the maintenance, management, regulation and control of the cemeteries in the Municipality of Clarington and to repeal By-laws 19-104; 81-045; 83-162; 86-030; 89-195; 89-219; 92-077; 93-118; 94-041; 95-106; 96-044 and 2001-112 (Item #1 of Report #1) 2005-068 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Veltri and Sons Limited) (Report #2)