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HomeMy WebLinkAbout06/13/2005 ..Q!5!pglon DATE: MONDAY, JUNE 13, 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 May 30, 2005 Minutes of a special meeting of Council held on June 6, 2005 DELEGATIONS '- a) Bob Hann, Valiant Property Management - Bowmanville West Main Central Area Secondary Plan Review b) Brent Clarkson, MHBC Planning - Bowmanville West Main Central Area Secondary Plan Review c) Ira Kagan, Kagan Shastri, Barristers and Solicitors - Bowmanville West Main Central Area COMMUNICATIONS Receive for Information I - 1 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority - 2004 Annual Report I - 2 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority - 2005 Budget Report I - 3 St. Marys Cement - Community Newsletter '- CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379 Council Agenda - 2 - June 13, 2005 "'- I - 4 George S. Graham, Clerk-Administrator, Township of Brock - Emergency Medical Service Facilities I - 5 George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Corporation - Credit Rating I - 6 Chris Conti, Executive Director, Friends of Second Marsh - Toronto Sun Article 1-7 J. Stalker, General Manager, Weetabix of Canada Limited - Thank You Letter I - 8 Ministry of Public Infrastructure Renewal - ReNew Ontario I - 9 Federation of Canadian Municipalities - Federal Budget I - 10 Minutes of the Ganaraska Region Conservation Authority Meeting dated May 19, 2005 1- 11 Ministry of Municipal Affairs and Housing - Greenbelt Council 1-12 Ministry of Consumers and Business Services - Consumer Protection Regulations "'- I - 13 Christine Chase, Administrative Assistant, Department of Development Services, City of Oshawa - Experts Panel on Sound-Sorb 1- 14 John Gerretsen, Minister of Municipal Affairs and Housing - Building Code Statute Law Amendment Act, 2002 (Bill 124) I - 15 Minutes of the Clarington Museums and Archives Board Meeting I - 16 John R. O'Toole, MPP, Durham - Licence Fees under the Aggregate Resources Act I - 17 Association of Municipalities of Ontario - Canada-Ontario Municipal Rural Infrastructure Fund 1- 18 John R. O'Toole, MPP, Durham - ParksfTrail Maintenance I - 19 Federation of Canadian Municipalities - Tsunami Rebuilding Programs 1-20 Suzanne McCrimmon, Clarington Board of Trade - Durham Strategic Energy Alliance 1-21 John O'Toole, MPP, Durham - Owners of Drinking Water Systems that Serve Facilities such as Rural Community Halls, Churches and Seasonal Campgrounds ........ I - 22 Association of Municipalities of Ontario - Ontario Municipal Employees Retirement System Council Agenda - 3 - June 13, 2005 ..... I - 23 Association of Municipalities of Ontario - Municipal Transit 1-24 Nuclear Waste Management Organization - Choosing a Way Forward - The Future Management of Canada's Used Nuclear Fuel 1-25 Daria Price and Melinda Mantle, Co-Chairs, Women of Distinction Task Force- Thank You Letter 1-26 John O'Toole, MPP, Durham - NASCAR Event 1-27 John Mackie, Director of Education and Secretary-Treasurer of the Board, Peterborough Victoria Northumberland and Clarington Catholic District School Board - 2003-2004 Director's Annual Report I - 28 Minutes of the Local Architectural Conservation Advisory Committee Meeting dated May 27,2005 I - 29 Ministry of Labour - Mandatory Retirement Correspondence For Direction ..... D - 1 Barbara Hodgins, Director, Corporate Policy, Central Lake Ontario Conservation Authority - Bill 136 (Places to Grow Act) and the Draft Growth Plan D - 2 Robert and Angela Byers - Request to Regulate the Amount of Fill brought on to a Property D - 3 Susan Mauti, Programs and Services Consultant, Ontario Outreach Coordinator, Social Development Sectors Branch, Ontario Region, Social Development Canada - Guaranteed Income Supplement D- 4 Susan Hancock - Request for Closure of Walkway on Carisle Avenue D - 5 P.M. Madill, Regional Clerk, Region of Durham - Durham Hydro Corridor Lands D - 6 Harvey Starkman, Vice President, Toronto Residents In Partnership - Elder Abuse D - 7 Bill Fisch, Regional Chair and CEO, Regional Municipality of York - Health Care Services D - 8 Linda Jeffrey, MPP, Brampton Centre - Bill 141 , an Act to Amend the Building Code Act, 1992 MOTION ..... NOTICE OF MOTION Council Agenda - 4 - June 13, 2005 "- REPORTS 1. General Purpose and Administration Committee Report of June 6, 2005 2. Special General Purpose and Administration Committee Meeting of June 13, 2005 3. Report CLD-026-05 - Municipal Law Enforcement Officers 4. Report PSD-075-05 - Rezoning Application to Permit an Expansion to the Existing Medical Clinic and Lands, Proponents: Bowmanville Professional Building Inc. (to be distributed under separate cover) UNFINISHED BUSINESS OTHER BUSINESS a) Appointments to the Clarington Accessibility Advisory Committee and the Clarington Traffic Management Advisory Committee (Applications Circulated under Separate Cover) "'- BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT "- Council Meeting Minutes May 30, 2005 Minutes of a regular meeting of Council held on May 30, 2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Acting Chief Administrative Officer, M. Marano Director of Engineering Services, T. Cannella (attended until 7:35 p.m.) Director of Community Services, J. Caruana (attended until 7:35 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 7:35 p.m.) Deputy Treasurer, L. Gordon (attended until 7:35 p.m.) Deputy Fire Chief, Fire Services, M. Berney (attended until 7:35 p.m.) Administrative Assistant to the Clerk, H. Keyzers Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be disclosing a pecuniary interest with respect to Correspondence Item D - 7. MINUTES Resolution #C-271-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on May 16, 2005, be approved. "CARRIED" Council Meeting Minutes -2- May 30, 2005 PRESENTATION Steve Elliott, Emergency Management Ontario Community Officer, presented Mayor Mutton with a letter from The Honourable Monte Kwinter, Minister of Community Safety and Correctional Services, and Mr. Julian Fantino, Commissioner of Emergency Management, which recognizes the Municipality of Clarington's implementation of an Essential level Emergency Management Program. Mr. Elliott noted that it has been a pleasure working with Fire Chief Gord Weir and his staff. DELEGATION David Climenhage, President, Great Canadian Town Band Festival, appeared before Council to clarify a request for financial support pertaining to the Great Canadian Town Band Festival. Mr. Climenhage provided a slide presentation highlighting the following: . Celebrating Canada's history of brass and woodwind bands; . 2005 6th annual festival with a new approach . Highlights 2005 military tattoo - focus on Dixieland and Ragtime from 1900 to the roaring twenties; Outstanding brass quartet and recognition concert for Friday evening; and . $1000 bursary program (six in total to be awarded to university music students). COMMUNICATIONS Resolution #C-272-05 Moved by Councillor Ping Ie, seconded by Councillor Robinson THAT the communications to be received for information be approved as per the agenda, with the exception of Item 1-17. "CARRIED" 1-1 T03.GO John R. O'Toole, MPP, Durham, providing Council with a copy of the Minister of Transportation, Harinder Takhar's letter regarding the proposed reintroduction of express GO Transit bus service from Bowmanville to the Oshawa GO Transit train station. 1-2 F05.GE Ann Maclean, President, Federation of Canadian Municipalities (FCM), writing in response to The Honourable Stephen Harper, leader of the Official Opposition's letter stating that FCM was acting in a "partisan" manner when they asked Council to contact Members of Parliament and urge them to pass the budget quickly. Ms. Maclean takes this accusation very seriously. Council Meeting Minutes -3- May 30, 2005 COMMUNICATIONS 1-3 M02.GE 1-4 F11.GE 1-5 M02.GE 1-6 SOO.GE 1-7 C06.SA 1-8 C06.CL 1-9 C06.CL 1-10 M02.GE 1-11 D06.GE 1-12 E08.GE A. Alan H. Strike, Strike, Salmers and Furlong, thanking Council for their support and for nominating him for the Durham Regional Men of Distinction Awards. Mr. Strike also thanks Council for naming him Senior Citizen of 2005. Terry Holbrey, Chair, Wilmot Creek Homeowner's Association, Healthcare Committee, thanking Council for the generous donation of $1500.00 towards their Defibrillator fund raising drive. Willie Woo and Donna Metcalf-Woo, Clarington Polar Bear Swim Organizers, thanking Council and the staff of Clarington Fire Station #2, lead by District Chief Alf Alldread, for their support during the 3rd Annual Clarington Polar Bear Swim held on January 1, 2005 at the Newcastle Beach. $4250.00 was raised at this event and has been presented to The Canadian Liver Foundation to go towards the research into biliary atresia, a disease afflicting children. Kirk Corkery, Chair, GTN905 Healthcare Alliance, providing Council with a copy of "The State of Hospital Care in the GT N905" Report. Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated May 10, 2005. Minutes of the Clarington Agricultural Advisory Committee meeting . dated March 10,2005. Minutes of the Clarington Agricultural Advisory Committee meeting dated April 14, 2005. Marjorie Cryderman, thanking Council for the award presented to her at the Volunteer Services Award for 50 years of service with the Solina Women's Institute. John R. O'Toole, MPP, Durham, providing Council with a copy of a letter from Ontario's Minister of Tourism and Recreation, Jim Bradley, regarding the Tourism-Oriented Directional Signing Program. Catherine Brown, Assistant Deputy Minister (Acting), Integrated Environmental Planning Division, Ministry of the Environment, advising Council that the government intends that public health units will begin overseeing drinking water systems servicing non-residential and seasonal residential uses in Fall 2006. A three-phased approach will be used to implement these changes. -4- Council Meeting Minutes COMMUNICATIONS 1-13 1-14 A01.CE 1-15 M02.GE 1-16 06.CL 1-18 F05.GE 1-19 C06.CE 1-20 M06.GE May 30, 2005 Hazel McCallion, Mayor, City of Mississauga, providing Council with a copy of the City of Mississauga's 2004 Successes Report. Central Lake Ontario Conservation Authority, advising that revisions to the Conservation Authorities Act by the Province of Ontario have resulted in Ontario Regulations 97/04 for the Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses for all Conservation Authorities in Ontario. The Central Lake Ontario Conservation Authority will be hosting a series of Public Information Sessions to present their new Regulation and mapping schedules as follows: May 31,2005 - Garnet B. Rickard Recreation Complex, Bowmanville June 7, 2005 - Hebron Christian Reform Church, Whitby June 15,2005 - Camp Samac Council Hall, Oshawa St. Marys Cement Co., advising Council that they will be holding an Open House on Saturday, June 4,2005, between 10:00 a.m. and 2:00 p.m. Minutes of the Clarington Traffic Management Advisory Committee meeting dated April 21,2005. Keith Shier, Mayor, The Township of Brock, writing to Barry Devolin, MP, Haliburton-Kawartha Lakes-Brock, urging the Federal Government to pass the proposed Federal Budget, prior to another election, to ensure that help, in the form of Ontario's $224 million share of the gas tax revenue for municipalities, is not jeopardized should there be a snap Federal election. Minutes of the Central Lake Ontario Conservation Authority meeting dated May 17, 2005. Association of Municipalities of Ontario, advising Council that the Province has agreed to extend the implementation date for some building code regulatory changes from July 1, 2005 to January 1, 2006. Council Meeting Minutes -5. May 30, 2005 COMMUNICATIONS Resolution #C-273-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item I - 17 be referred to the Clarington Library Board. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-274-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 7 and D - 9 to D - 11, inclusive. 1- 21 M06.GE 1-17 A19.GE Association of Municipalities of Ontario, advising Council that the Minister of Community and Social Services, The Honourable Sandra Pupatello, has announced additional changes to the Ontario Works program that support recipients in moving from welfare to work. These include: . Extending health benefits for up to six months for people exiting social assistance for employment or until employer health benefits are available. Benefits could be extended for up to one year in exceptional cases; . A flat exemption rate of 50 per cent on earnings to provide a better incentive for Ontario Works clients to work and earn more; . Increasing the maximum deduction for informal child care costs from $390 to $600 per month to provide another child care option for working parents; and . Creating an employment benefit of up to $500 to help recipients who obtain full-time employment pay for job-related expenses like uniforms and transportation. Joyce Kufta, President, Newcastle and District Chamber of Commerce, advising Council that the Newcastle and District Chamber of Commerce supports the request that the Newcastle Branch of the Clarington Library remain in the downtown area of Newcastle. They feel that this area is the most central and accessible to all who use the library, and as a business organization it is important to them that downtown Newcastle remain the centre of activities. "CARRIED" -6- Council Meeting Minutes COMMUNICATIONS D - 1 M02.GE D-2 C12.CL D - 3 P01.NO D-4 P09.GE D-5 M02.GE May 30, 2005 Duke Paul, President, Kendal Community Centre Board, requesting permission to hold a fireworks display for Canada Day 2005. This event was a great success in 2004 for the community and the surrounding areas. The event will be held behind the Kendal Community Centre in the ball diamond area. (Approved provided the organizers obtain a permit in accordance with By-law 92-160) Fred Johns, advising Council that he must resign from the Clarington Traffic Management Advisory Committee. Mr. Johns thanked the municipality for the opportunity on this Committee. (Thanked Mr. Johns for his service to the Committee and correspondence referred to the Municipal Clerk's Department) Donna Lepard, writing to Council pertaining to the excessive noise made by her neighbours peacocks. Her neighbour has approximately 30 to 40 peacocks and they start screeching at 5:30 a.m. until dark. Ms. Lepard believes that peacocks should not be classified as farm animals and should be classified as rare birds that belong in a zoo. (Correspondence referred to the Municipal Clerk's Department) John R. O'Toole, MPP, Durham, providing Council with a copy of a consultation document on the modernization of charitable gaming. The Honourable Jim Watson, the Minister of Consumer and Business Services, has announced that the new Lottery Licencing Manual will be circulated to municipalities and front-line licensing officers for discussions. (Correspondence referred to the Municipal Clerk's Department) Tammy Dean, Corporate Events Coordinator, Durham Region, Heart and Stroke Foundation, requesting permission to hold the annual Big Bike for Stroke Event in the Durham Region beginning May 12 to July 8, 2005. Ms. Dean is hoping to have the Big Bike begin at the Royal Canadian Legion at 109 King Street East and have them as their host site for this event. (Approved provided the organizer's apply for and obtain a Road Occupancy Permit) -7- Council Meeting Minutes COMMUNICATIONS D-6 M02.GE D-8 M02.GE May 30, 2005 Andy Scott, Minister of Indian Affairs and Northern Development and Federal and Non-Status Indians and Liza Frulla, Minister of Canadian Heritage and Minister responsible for Status of Women, requesting that June 21, 2005, be proclaimed National Aboriginal Day. (Proclaimed) Sandy White, Public Health Nurse, Injury Prevention Program, Falls Prevention, Durham Region, requesting the proclamation of October 16 - 22, 2005, as Falls Prevention Week. For the eighth consecutive year, the Falls Prevention Workgroup is planning a public awareness campaign for the week of October 16 - 22, 2005. Falls Prevention is an important issue since approximately 1 in 3 seniors fall each year and falls are the leading causes of fatal injuries among seniors. (Proclaimed) Councillor Foster stated a pecuniary interest pertaining to Correspondence Item D - 7, and refrained from discussion and voting on the matter. Councillor Foster is a member of the Rotary Club of Courtice. D - 7 M02.GE F11.GE Bruce Townley, Rotary Club of Courtice, requesting Council to be a financial partner in the "Canada Day in Clarington" event for a $5000.00 donation. As a partner in this event, Clarington will receive recognition in all of their advertising and promotional material and be recognized throughout the event with banner presence and through announcements during the live entertainment. This July 1, 2005, event will take place at the Garnet B. Rickard Recreation Complex starting at 5:00 p.m. There will be live entertainment, food booths, and an exciting conclusion to the evening of family fund with a thrilling fireworks display. Canada Day in Clarington will be a fundraising event for the Rotary Club of Courtice. The majority of the funds raised will be directed to their newest fund raising priority, the R.S. McLaughlin Durham Regional Cancer Centre through the Heroes of Hope Campaign. Resolution #C-275-05 Moved by Councillor MacArthur, seconded by Councillor Schell WHEREAS a $500 grant to the Rotary Club of Courtice was approved by Council on February 21,2005; and WHEREAS these funds have not yet been expended by the Rotary Club of Courtice; and Council Meeting Minutes .8- May 30, 2005 COMMUNICATIONS WH EREAS the Rotary Club of Courtice is requesting financial support of their "Canada Day in Clarington" event; NOW THEREFORE BE IT RESOLVED that the $500 grant to the Rotary Club of Courtice be rescinded and that the Rotary Club of Courtice be approved for a $2000 grant. D-9 A19.GE "CARRIED" Allan Hewitt, Chair, Clarington Public Library, advising Council that the Clarington Public Library on April 27, 2005, passed the following resolution: "THAT the Library Board endorse in principle the concept of the provision of a cafe on the mezzanine of the Bowmanville Branch Library, operated by The Clarington Project; and THAT the endorsement be communicated to the Municipal Council and staff. " Resolution #C-276-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 9 be referred to later in the meeting to be considered under Report #1. D - 10 L 11.GE D14.GE "CARRIED" David Cooper, Manager, Agricultural Land Use, Ministry of Agriculture and Food, providing Council with a copy of the 'Guide to Agricultural Use'. This publication is intended to be a resource tool to assist farmers, non-farm residents and municipalities as they deal with these challenging issues. Resolution #C-277-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Item D - 10 be referred to the Clarington Agricultural Advisory Committee. D - 11 M02.GE "CARRIED" Willie Woo, requesting participation in the Annual Big Bike for Stroke event occurring on Monday, June 20, 2005. Mr. Woo is requesting that Council and staff put together a team and join them as they gather together for a really great cause. Council Meeting Minutes -9- May 30, 2005 COMMUNICATIONS Resolution #C-278-05 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item D - 11 be referred to staff. "CARRIED" NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - May 24, 2005 Resolution #C-279-05 Moved by Councillor Trim, seconded by Councillor Schell THAT the General Purpose and Administration Committee Report of May 24, 2005, be approved. "CARRIED" UNFINISHED BUSINESS Resolution #C-280-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Steve Elliott, Emergency Management Ontario Community Officer, be thanked for his presentation; and THAT Gord Weir, Fire Chief and staff be congratulated on their accomplishments. "CARRIED" Resolution #C-281-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT the issue of the Great Canadian Town Band Festival be lifted from the table; and THAT a grant in the amount of $3,500.00 be awarded to the Great Canadian Town Band Festival. "CARRIED" Council Meeting Minutes -10- May 30, 2005 OTHER BUSINESS Regional Update Councillor Trim advised that leaf and yard waste pick up for the months of June, July and August will occur every other week instead of every third week. Boards and Committees Update Councillor Foster advised that he attended a meeting of the Physician Recruitment Committee. The Clarington Accessibility Advisory Committee will be holding the Rick Hansen Wheels in Motion Campaign at the Darlington Provincial Park on June 12, 2005. He congratulated the Archibalds for holding another successful Fruit Wine and Food Festival on Saturday, 28, 2005, and noted that he had a great time attending the Orono Blue Grass on the same day. Councillor Pingle advised that the Bethesda House had a very successful dinner and auction. St. Marys Cement Co. is having an Open House with tours of the quarry on Saturday, June 4, 2005, at 10:00 a.m. St. Marys donated a "participation in a blast at the quarry" to the Bethesda House auction, it was a great success and very original. She noted that she attended a brunch at Parkwood by King's Court Catering, Bowmanville, and that this local business is becoming very well known throughout the Region. Tyrone Spirit Day will be held on Saturday, June 11, 2005. Councillor Robinson advised Council that there will be a delay in the opening of the Farmers Market. The Market will not begin until June 26, 2005, due to past weather conditions and its effect on produce. Councilor Schell updated Council on the Physician Recruitment Committee and noted that the Municipality's consultants are moving forward successfully. Councillor Trim attended an excellent presentation by the Bowmanville Sea Cadets on Sunday, May 29, 2005, at the Newcastle Arena. Mayor Mutton advised Council that he will be attending the Federation of Canadian Municipalities, 68th Annual Conference and Municipal Expo from June 3 to 6, 2005, in St. John's, Newfoundland. The conference will include a session on Underground Thermal Energy Storage: An option for Sustainable Development. Resolution #C-282-05 Moved by Councillor Schell, seconded by Councillor Robinson WHEREAS By-law 2003-177 appoints Councillor Trim and Councillor Schell as Deputy Mayor for specified periods of time during this term of Council; and Council Meeting Minutes -11- May 30, 2005 OTHER BUSINESS WHEREAS Mayor Mutton, Councillor Schell and Councillor Trim will be absent from the Municipality to attend the Federation of Canadian Municipalities Conference in Newfoundland; NOW THEREFORE BE IT RESOLVED THAT Councillor MacArthur be appointed Deputy Mayor for the period of May 31,2003, through to June 5, 2005, inclusive. "CARRIED" Resolution #C-283-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to address a confidential property matter. "CARRIED" The meeting resumed in "open" forum at 7:40 p.m. Resolution #C-284-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" BY-LAWS Resolution #C-285-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-100 to 2005-104, inclusive and that the said by-laws be now read a first and second time: 2005-100 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Frank Macri) 2005-101 being a by-law to adopt certain amendments to proposed Amendment No. 39 to the modification of Clarington Official Plan (Port Darlington Neighbourhood Secondary Plan) 2005-102 being a by-law to authorize entering into an agreement with the Owners of Plan of Subdivision 18T-93005 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T -93008 Council Meeting Minutes -12- May 30, 2005 BY -LAWS 2005-103 being a by-law to adopt the estimates of all sums required during the year and to strike the rates of taxation for municipal purposes for the year 2005 2005-104 being a by-law authorize the execution of an Agreement under Section 30 of the Expropriations Act between the Municipality of Clarington and the owners of 11 Boulton Street, Newcastle "CARRIED" Resolution #C-286-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-100 to 2005-104 inclusive, be approved. "CARRIED" Councillor Foster stated a pecuniary interest earlier in the meeting, and refrained from voting on the confirming by-law. CONFIRMING BY-LAW Resolution #C-287-05 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2005-105 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 30th day of May, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-288-05 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2005-105 be approved. "CARRIED" Council Meeting Minutes ADJOURNMENT Resolution #C-289-05 Moved by Councillor Foster, seconded by Councillor Pingle THAT the meeting adjourn at 7:45 p.m. -13- "CARRIED" MAYOR MUNICIPAL CLERK May 30, 2005 (a) 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 SUMMARY OF CORRESPONDENCE JUNE 13,2005 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 J.R. Powell, Chief.Administrative Officer, Central Lake Ontario Conservation Authority, providing Council with a copy of their 2004 Annual Report. 1-2 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority, advising Council that the Central Lake Ontario Conservation Authority on May 17, 2005, passed the following resolution: "THAT the proposed 2005 Budget estimates totalling $5,666,100 be approved as presented; THAT the Region of Durham be requested to approve an operating levy of $1,951,600; THAT the Projects described in the Budget Report be adopted as projects of the Authority; and THAT copies of the 2005 Budget Report be distributed to the Region of Durham and member municipalities for their information on the projects and programs of the Central Lake Ontario Conservation Authority." I - 3 St. Marys Cement, providing Council with a copy of their Community Newsletter. I - 4 George S. Graham, Clerk-Administrator, Township of Brock, writing to the Region of Durham advising that the Township of Brock has endorsed the following resolution of the City of Oshawa: "1. THAT the Region of Durham respectfully be: (b) continue to comply with established response criteria protocols for the dispatch of municipal Fire Services. Summary of Correspondence - 2 - June 13, 2005 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 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." I - 5 George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Corporation, advising Council that Dominion Bond Rating Services (DBRS) has updated the Veridian Corporation's, credit rating to 'A' with a stable trend. Veridian has been operation under an A (low) rating since July of 2004. Veridian's 'A' credit rating is the highest DRBS rating currently held by any municipally owned local electricity distributor in Ontario. I - 6 Chris Conti, Executive Director, Friends of Second Marsh, providing Council with a copy of an article in the Durham Region section of the Toronto Sun on Sunday, May 8,2005, featuring Second Marsh. I - 7 J. Stalker, General Manager, Weetabix of Canada Limited, writing to the Clarington Fire and Emergency Services Department to thank staff for their efforts on Monday, April 25, 2005. By controlling the massive fire In the Northam Industrial Park, their building and products were saved from potential destruction and/or contamination. Summary of Correspondence - 3- June 13, 2005 I - 8 Ministry of Public Infrastructure Renewal, advising Council that the release of the McGuinty government's long-term plan for infrastructure investment, ReNew Ontario, will launch a renaissance for Ontario's public facilities. Over the next five years, the government and its partners will invest more than $30 billion in public infrastructure including: . Approximately $5 billion for health care projects, including 105 hospital projects; . More than $10 billion to improve elementary and secondary schools and renew postsecondary facilities; and . About $11.4 billion to improve public transit, highways, border crossing and other transportation systems. I - 9 Federation of Canadian Municipalities. advising Council that the federal Budget passed second reading, but several opportunities remain for the legislation to be defeated before the summer recess. However, they are encouraged that all national parties have indicated their support for fixing our cities and communities through new funding arrangements for municipal infrastructure, including the gas tax transfer, the Green Municipal Fund and affordable housing. 1-10 Linda J. Laliberte, General Manager/Secretary-Treasurer, Ganaraska Region Conservation Authority, providing Council will a copy of the Full Authority board meeting minutes held on May 19, 2005. (Copy attached) Ms. Laliberte has also included copies of their Annual Report. I - 11 Ministry of Municipal Affairs and Housing, advising Council that the McGuinty government has taken the next step in its plan for the permanent protection of Ontario's Greenbelt with the appointment of the Greenbelt Council, required by the Greenbelt Act, 2005. The Council will provide advice on the administration of the Greenbelt and will guide the government on such matters as the implementation of the Greenbelt Plan, performance measures and the 10 year review of the plan. I - 12 Ministry of Consumers and Business Services, reminding Council of the countdown to the launch of legislation that will strengthen the province's new consumer protection regulations. Compliance with the new legislation, which comes into force on July 30, 2005, will make Ontario a national leader as a safe and informed marketplace. This act applies to most goods and services and includes new rules concerning: . Disclosure in consumer agreements; . Consumer remedies, including longer cooling-off periods; and . Amendments, renewal or extensions to consumer agreements and contracts. Summary of Correspondence -4- June 13, 2005 1- 13 Christine Chase, Administrative Assistant, Department of Development Services, City of Oshawa, writing to Ellen Reed, Minister of Environment, advising that the City of Oshawa on May 24, 2005, passed the following resolution with respect to the Report of the Experts Panel on Sound-Sorb: "1. THAT Report DS-05-152 dated May 4, 2005, from the Commissioner of Development Services be endorsed as the City of Oshawa's comments on the Report of the Experts Panel on Sound- Sorb. 2. THAT municipal approval also be required for placement of this regulated material, including appropriate site controls implemented with the approval of the Council of the municipality. 3. THAT a copy of Report DS-05-152 dated May 4,2005, from the Commissioner of Development Services be forwarded to the Ministry of the Environment, the Regional Municipality of Durham, the Municipality of Clarington, Courtice Auto Wreckers Limited, Atlantic Packaging Limited, the Oshawa Skeet & Gun Club and the Protect the Ridges Coalition. 4. THAT the Ministry of the Environment be requested to hold the public meeting for the Experts Panel on Sound Sorb as soon as possible." 1-14 John Gerretsen, Minister of Municipal Affairs and Housing, informing Council of the status of the changes to the Building Code Act, 1992 and Building Code resulting for the Building Code Statute Law Amendment Act, 2002 (Bill 124). The Government has extended the implementation period to January 1, 2006, for some of the new requirements, specifically: . The qualification requirements for building officials and designers; . The timeframes for the review of building permit applications; and . The commencement of the first reporting period for the municipal annual building permit fee report. Following the January implementation date, a Building Advisory Council will be established to monitor implementation practices and ongoing improvements to the building regulatory environment throughout Ontario. I - 15 Minutes of the Clarington Museums and Archives Board meeting dated May 11 , 2005. (Copy attached) I - 16 John R. O'Toole, MPP, Durham, providing Council with a copy of a letter from The Honourable David Ramsay regarding a review of licence fees under the Aggregate Resources Act. The Minister has advised that the Ministry of Natural Resources is reviewing the licensing fee structure to determine if an increase is warranted. Summary of Correspondence - 5 - June 13, 2005 I - 17 Association of Municipalities of Ontario, advising Council that the launch of the second of three application intakes for the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) is anticipated for mid-June. Applicants are expected to have until the end of September 2005 to complete and submit Intake Two applications. As in Intake One, all municipalities of fewer than 250,000 people will be eligible to apply for Intake Two. I - 18 John R. O'Toole, MPP, Durham, advising Council that he has written to The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, supporting Council's position on the City of North Bay's resolution regarding parks/trail maintenance. 1- 19 Federation of Canadian Municipalities (FCM), advising Council that they are set to launch Tsunami Rebuilding Programs in Sri Lanka and Indonesia. From February 20 to March 5, 2005, FCM's International Centre for Municipal Development (ICMD) participated in a fact-finding mission with federal and provincial officials to assess ways to provide long-term assistance to communities in Sri Lanka and Indonesia affected by the December 2004 tsunami. In April, they submitted the mission's report to the Canadian International Development Agency (CIDA). The report recommended that municipal-to-municipal relationships be forged, with FCM acting as the coordinating organization, focusing in part on local government in Sri Lanka and in Aceh, Indonesia. I - 20 Suzanne McCrimmon, Clarington Board of Trade, advising Council that she has been involved with other Durham-based stakeholders to encourage and plan for a more formal energy sector partner alliance consisting of the public/utility sectors, private business and academia. The collective objective is to coordinate and enhance local energy stakeholder initiatives in order to: 1. attract new energy sector business headquarters, start-up incubation businesses and larger manufacturing energy operations and jobs locally; 2. retain and expand existing local energy sector operations and facilities; and 3. position Clarington as a partner striving to Energize Ontario. The alliance is called the "Durham Strategic Energy Alliance" (DSEA) and was launched by the founding members at the Energy and Environment Conference (EECO). -6- Summary of Correspondence 1- 21 1-22 ~~b fA"'_ ~ \i{\uf1' b C}\oe\:~ O~,j,~'~ rfV. 0\ t \, \'.\~~ ~~. 1- 23 1- 24 June 13,2005 John O'Toole, MPP, Durham, providing Council with a copy of a news release and backgrounder from Ontario's Environment Minister regarding the proposed requirements for owners of drinking water systems that serve facilities such as rural community halls, churches and seasonal campgrounds. The backgrounder points out that only microbiological testing is required and owners are not required to install treatment equipment. Association of Municipalities of Ontario (AMO), advising Council of higher costs for municipalities, municipal employees and property tax payers as the Provincial government introduced a Bill to reduce its oversight role in the Ontario Municipal Employees Retirement System (OMERS) and permit additional pension benefits for some plan members. The Bill would change OMERS in two very significant ways: First, changes to its governance structure would allow the Government of Ontario to withdraw from its responsibilities as the plan's sponsor, and its responsibility as an indirect employer of thousands of OMERS members. Administrative costs currently borne by the Province would become the responsibility of a "Sponsor's Corporation" of employer and employee plan "sponsors" who will have to create new capacity where none currently exists. In addition, the Government would no longer be responsible for approving contribution rate increases such as a substantial and costly increase being considered for 2006. Second, the Bill provides for the creation of supplemental plans requested by some employee groups. The supplementary plans would provide additional retirement benefits for fire fighters and police officers. The supplemental plans would be separate from, and in addition to, the OMERS Basic plan, which would also create additional administrative complexity and, therefore, higher operational costs. Association of Municipalities of Ontario (AMO), advising Council that the Federal Government will provide an additional $310 million for municipal transit in Ontario. Subject to the passage of Bill C48, municipalities in Ontario providing transit services would receive additional federal funding in 2005/06 and 2007/08. The total amount of funding over two years is $310 million. This new funding is in additional to the $1.9 billion that Ontario municipalities would receive over the next five years through the Federal commitment to share 5-cents-per-litre of Federal gas tax with municipalities. That funding would provide $224 million in Ontario in 2005/06 growing to $746 million in 2009/10. Nuclear Waste Management Organization, providing Council with a copy of "Choosing a Way Forward - The Future Management of Canada's Used Nuclear Fuel" draft study report. Summary of Correspondence - 7- June 13,2005 1- 25 Daria Price and Melinda Mantle, Co-Chairs, Women of Distinction Task Force, thanking Council for their contribution towards the 23rd Annual Women of Distinction Awards which took place on May 12, 2005. The event helped to raise much-needed funds for the YWCA Durham. [- 26 John O'Toole, MPP, Durham, providing Council with a copy of a letter received from The Honourable Jim Bradley, Minister of Tourism and Recreation, regarding the possibility of provincial support for a NASCAR event at the Mosport International Raceway. Mr. O'Toole advises that he is encouraged by the Minister's positive feedback. 1- 27 John Mackie, Director of Education and Secretary-Treasurer of the Board, Peterborough Victoria Northumberland and Clarington Catholic District School Board, providing Council with a copy of the 2003-2004 Director's Annual Report. I - 28 Minutes of the Local Architectural Conservation Advisory Committee meeting of May 17, 2005. (Copy attached) I - 29 Ministry of Labour, advising Council that the McGuinty government is introducing legislation that would end mandatory retirement and provide a greater fairness and choice for workers aged 65 and older. The Ontario Human Rights Code currently does not protect people aged 65 and over from age discrimination for employment purposes. As a result, employees can be forced to retire at age 65. If passed, the proposed legislation would amend the code and a variety of other statutes that have provisions connected to mandatory retirement. Among other things, the legislation would: . Become effective one year after it receives Royal assent; . Continue to allow mandatory retirement where it can be justified on "bona fide occupational requirement" grounds determined under the Human Rights Code (i.e. where there is a requirement or qualification necessary for the performance of essential job duties). CORRESPONDENCE FOR DIRECTION D - 1 Barbara Hodgins, Director, Corporate Policy, Central Lake Ontario Conservation Authority, advising Council that the Central Lake Ontario Conservation Authority on May 17, 2005, passed the following resolution: "THAT Staff Report #4533-05 be received and endorsed as CLOCA's position on Bill 136 (Places to Grow Act) and the Draft Growth Plan for the Greater Golden Horseshoe; and THAT Staff Report #4533-05 be forwarded to the Ministers of Public Infrastructure Renewal, Municipal Affairs and Housing, Environment and Natural Resources, the Region of Durham and area municipalities." (Motion to refer correspondence to the Director of Planning Services) Summary of Correspondence -8- June 13, 2005 D - 2 Robert and Angela Byers, requesting Council to pass a by-law to regulate the amount of fill you can place on a property. Individuals in their neighbourhood have been bringing in fill since 1996. There is a creek in the vicinity and they are sure the flow of the water will be altered. (Motion to refer correspondence to the Director of Planning Services) D - 3 Susan Mauti, Programs and Services Consultant, Ontario Outreach Coordinator, Social Development Sectors Branch, Ontario Region, Social Development Canada, providing Council with the most recent fact sheet and poster on the Guaranteed Income Supplement. Ms. Mauti also notes that there has been changes pertaining to the Child Rearing Drop Out Provision, under the Canada Pension Plan (CPP). If pensioners or their spouses took time out of the workforce to stay home and raise children, then they may be eligible for the child rearing drop out provision when they apply for CPP. (Motion to refer correspondence to the Older Adults Association) o - 4 Susan Hancock, requesting the closure of the north-south 4' walkway located between 16 and 18 Carlisle Avenue and exiting between 11 and 15 Liberty Place. Mrs. Hancock understands that this walkway is part of the property of 18 Carlisle Avenue and 15 Liberty Place. This walkway/right of way has not been maintained by the Municipality since 1973. All weed clearance, garbage and glass pickup has been performed by the adjacent property owners. The cost of fencing has also been borne by the property owners. The pedestrian use of the walkway has caused damage to structural property and vehicles, which are parked in the driveway between 16 and 18 Carlisle Avenue. (Motion to refer correspondence to the Director of Engineering Services) D - 5 P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, Minister Responsible for Seniors, advising that the Region of Durham on May 25, 2005, passed the following resolution: "a) THAT the public secondary uses identified in Attachment #4 to Report #2005-P-41 of the Commissioner of Planning be declared as the Region's interests in the Durham Hydro Corridor Lands, b) THAT the Ministry of Municipal Affairs and Housing be requested to provide the Region and area municipalities with opportunities to submit additional interests for public secondary uses on the hydro corridor lands, as supporting studies are completed; c) THAT the Ministry be urged to review the individual municipal submissions from the Greater Toronto Area (GTA) in a holistic manner, to ensure that inter-regional opportunities for secondary use of the hydro corridor lands are examined; and Summary of Correspondence - 9 - June 13, 2005 d) THAT a copy of Report #2005-P-41 of the Commissioner of Planning be forwarded to the area municipalities, Toronto Region Conservation Authority, Central Lake Ontario Conservation Authority, Ganaraska Region Conservation Authority, Greater Toronto Area municipalities, and the City of Hamilton." (Motion to refer correspondence to the Director of Planning Services) D - 6 Harvey Starkman, Vice President, Toronto Residents In Partnership (TRIP), advising Council that TRIP has taken up the challenge of the World Health Organization to assist municipalities across the Province in raising public awareness of the signs and the consequences of Elder Abuse. TRIP are a not-for-profit organization whose members are dedicated to the promotion of racial, ethnic, religious and communal understanding. (Motion to refer correspondence to the Older Adults Centre) D - 7 Bill Fisch, Regional Chair and CEO, Regional Municipality of York, writing to The Honourable Dalton McGuinty, Premier of Ontario, advising that the Region of York on May 19, 2005, passed the following recommendation: "WHEREAS every person in Ontario should have access to the same level of health care services, no matter where they live; WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham have been and will continue to be the fastest growing regions in Ontario, collectively growing at twice the provincial rate of growth by adding more than 90,000 new residents each year; AND WHEREAS each year until at least 2011 , the GT A/905 Regions of York, Halton, Peel and Durham will welcome and accommodate almost half of Ontario's annual growth in population; AND WHEREAS each year until at least 2011 , the GT N905 Regions of York, Halton, Peel and Durham will experience a rate of growth in its population of seniors at twice the provincial growth rate of seniors; AND WHEREAS the GT A/905 Regions of York, Halton, Peel and Durham collectively receive three-quarters of the age-weighted per capita funding for total health care services when compared to 33 regions across Ontario (resulting in a funding gap of $866 million in annual funding that includes a $545 funding gap for hospitals and $60 million funding gap for CCACs); AND WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham comprise more than 40 per cent of the Priority and Emerging Urban Centres as identified by the Ontario Government's 2004 report PLACES TO GROW: Better Choice. Brighter Future. A Growth Plan for the Greater Golden Horseshoe.; Summary of Correspondence - 10- June 13, 2005 AND WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham are on average some of the lowest cost providers of the five health care services being targeted by the Ontario Government for reduction in wait times; AND WHEREAS the GT A/905 Regions of York, Halton, Peel and Durham will collectively contribute more than $570 million each year in Health Premium revenue to Provincial coffers (once fully implemented for 2005/06) making up 26% of $2.2 Health Premium Revenue being collected from Ontario residents; AND WHEREAS the GTA/905 Regions of York, Halton, Peel and Durham are facing a collective funding short-fall of $88 million for 2004/05 and a deficit forecast of $126 million for 2005/06 which will require a significant reduction in health care services for the GT A/905 Region, layoffs of nursing and other staff, and increased wait times for many important health care services; AND WHEREAS the Government of Ontario has received over $800 million in new health care funding from the Federal Government and stands to receive an additional $1.2 billion in the 2005/06 fiscal year; AND WHEREAS the provision of health care and treatment close to home for the more than three million residents living in the GTA/905 Regions of York, Halton, Peel and Durham is consistent with improving access to care and contributes to improved quality of care due to better services coordination from one level of care to another; AND WHEREAS the building of hospital infrastructure and the purchasing of medical equipment and health care technology is essential for providing effective health care in GTA/905 communities; AND WHEREAS the York Region Human Services Planning Coalition (HSPC) reported in the Fair is Fair Report, 2003 that health services funding in York Region is well below the Ontario average and Toronto's funding levels on a per capita basis; AND WHEREAS the HSPC found that the Province of Ontario short- changed health services funding in York Region by more than $485 million in 2004; NOW THEREFORE BE IT RESOLVED THAT the Regional Municipality of York demand that the Ontario Government immediately address the funding shortfalls for GTA/905 hospitals including hospitals in York Region; AND FURTHER THAT given the Ontario Government's creation of Local Health Integrated Networks, and the need to more equitably allocate health care funds to regions across Ontario, the Ontario Government make it a priority to create and use a population, needs-based funding formula for LHINs that reflects: Summary of Correspondence - 11 - June 13, 2005 . Current population, future population growth and aging. . Increased costs of providing health care services in rural areas. . Increased costs of multi-site health care organizations. . A base funding system that considered the number of users for services. AND FURTHER THAT the Provincial Government make legislative/regulatory changes so that revenue generated by municipalities/regions through Development Charges can be used to support the construction/renovations of hospitals. AND FURTHER THAT a copy of this motion be forwarded to AMO and the 905 area municipalities and hospitals in York Region." (Motion for Direction) D - 8 Linda Jeffrey, MPP, Brampton Centre, providing Council with a copy of Bill 141, an Act to Amend the Building Code Act, 1992 respecting home fire sprinklers. This amendment requires all new detached, semi-detached and row houses to be equipped with a sprinkler system. She advises that more than 229 jurisdictions in North America require residential sprinklers in homes, though none in Ontario. In 1992, the City of Vancouver required all new residential homes be built with sprinklers installed. Since implementation, there has never been a fire death in Vancouver, in a spinklered single-family residence where a resident was not in direct contact with the fire. Ms. Jeffrey requests our Council to pass a resolution in support of Bill 141. (Motion for Direction) Council Information 1-10 '05MAY26 PM 2:11:49 GANARASKA REGION CONSERVATION AUTHORITY MINUTES OF THE FULL AUTHORITY May 19,2005 FA 3/05 1 Wp.lcomp. ::Inri C-::III to Orrlp.r The Chair called the Full Authority meeting to order at 7:15 p.m. and welcomed all in attendance. MEMBERS PRESENT: John Mutton, Chair - Municipality of Clarington Forrest Rowden, Vice-Chair - Township of Hamilton Mark Lovshin, Township of Hamilton Charlie Trim - Municipality of Clarington Brian Fallis - Township of Cavan-Millbrook-North Monaghan John Morand - Municipality of Port Hope Cal Morgan - Muncipality of Port Hope Raymond Benns - Township of AlnwicklHaldimand Bill MacDonald - Town of Cobourg ALSO PRESENT: Linda Laliberte, General Manager/Secretary-Treasurer Mark Peacock, Watershed Services Coordinator Greg Wells, Watershed Planner. Linda Ryan, Communications Specialist Members of the public ABSENT WITH REGRETS: ALSO ABSENT: . ~-;:';::;-='--~--'~'''-''~~'',-,- u~ ~'~jli&fl)t;t"""_~"'-',~ otr~r. ~~--~ ,. '!......>;I;a.._...,~.... . ~"......--.. ACK. . "''''''" i BY_ I ~ 'lO.__. , llRlGlIt.J\L T r....__ I COPIES TV: '''1"- I i:d _._.+--,.~ . .----- 1 r... .... 1.'. . ...--.....-.- ,'.- .......--~-...__."._. i. _"-"_.."'.......,....__........ l.-_-. --. Cf;::=~=..=_:.-~~j ~_. Pam Jackson - Town of Cobourg Dave Marsh - City of Kawartha Lakes ? ni!;dO!;IIrp. of pp.C':lIni::lry Intp.rp.!;t None. :\ Minlltp.!; of thp. 1::I!;t mp.p.ting FA 19/05 . MOVED BY: SECONDED BY: Charlie Trim Ray Benns THAT the Full Authority approve the minutes of the April 21", 2005 meeting. CARRIED. Minutes FA 03105 Mav 19. 2005 PaQe 2 4 Anoption of thp. Agp.nn~ The Chair advised that there is two additional pieces of correspondence and an update to a previously distributed staff report. FA 20/05 MOVED BY: SECONDED BY: John Morand Mark Lovshin THAT the agenda be adopted as amended. CARRIED. 5 np.lp.g~tiom:: a) Source Protection Update Glenda Rodgers, project manager for the source protection project for the Trent Conservation Coalition made a presentation to the Full Authority. FA 21/05 MOVED BY: SECONDED BY: John Morand Mark Lovshin THAT the Full Authority receive the presentation for information. A RII!::inp.!::!:: Ari!::ing from thp. Minlltp.!::' a) Hearing - Hearing Reports Staff presented an updated staff report to the members for discussion. The members confirmed the use of the land stated as "open space" in the application. Concems from MTO were also queried and it was stated that section of land has been expropriated by MTO so that area was not considered in this application. FA 22/05 MOVED BY: SECONDED BY: Brian Fallis John Morand WHEREAS the Applicant has clearly identified on the revised plans, the extent and depth to which it is being proposed to fill, and the proposed final grade of the land when filling is completed; and WHEREAS the Applicant has indicated that all material imported will be in accordance with 2.h)ii) of the Township of Hamilton's Site Alteration By-Law; and WHEREAS the Applicant has clearly stated the proposed use of the lands upon completion of filling operations and has provided a revised grading plan to show this use; BE IT RESOLVED THAT the Full Authority approve the Permit Application by 902767 Ontario Limited for Lots 13-15, Concession 1, Hamilton Township, based on the revised Minutes FA 03/05 - Mav 19. 2005 Paae 3 site plan submitted May 17, 2005 and description of proposed works, dated May 18, 2005, subject to the following conditions: 1) That all works are subject to provincial, federal and municipal statutes, regulations, and by-laws. 2) That all site grading and fill placement be undertaken in accordance with the revised site plan submitted May 17, 2005, and description of proposed works, dated May 18, 2005. 3) That no grading or fill placement occur on the lot, other than as shown on the revised plan submitted May 17, 2005. 4) That no grading or fill placement occur between the dates of October 31, 2005 and April 30, 2006 other than the filling of the "existing hole" as shown on the revised plan submitted May 17, 2005. 5) That all fill placed on the property be clean and free of asphalt, trash, rubbish, glass, liquid or toxic chemicals, hazardous waste or garbage material, and further that this be certified by a Registered Professional Engineer. . 6) That the existing ditch running along the northern edge of the proposed fill area be maintained, in order to accommodate local and extemal drainage. 7) That sediment and erosion control techniques (i.e. silt fencing, straw bales) be implemented, and maintained in good repair in order to avoid the release of sediment from the site. 8) That all disturbed areas be stabilized with vegetative cover immediately following the cessation of gradinglfilling on October 31, 2005, in order to minimize erosion. 9) That all activities, including maintenance procedures, must be controlled to prevent the entry of any deleterious substances (i.e. petroleum products, debris, silt etc.) into any watercourse. All vehicular fuelling, maintenance, and cleaning should be conducted away from floodplain areas. 10) That nothing herein authorizes any person to carry on any work or undertaking, which may result in the harmful alteration, disruption or destruction of fish habitat or any fishery. CARRIED. 7 r.h~ir ~nrl G"'n"'r~1 M~n~g"'ffi Rp.m~rk!'; The General ManagerlSecretary- Treasurer told the members that staff were getting ready for the summer crews with most starting May 30", 2005. The Authority is also preparing to tender for the fall restraint system for Garden Hill and Baltimore dams next week. Minutes FA 03/05 - Mav 19. 2005 Pace 4 R RII!';inp.!,;!,; from thp. Rmmi Mp.mhp.r!'; John Morand brought forward a letter to the editor, which was written by Doug Prendergast, Cameco Corporation. He pointed out that there were some inaccuracies in the letter in referring to the beginning date of the updating of the floodplain mapping. Staff will write a reply of clarification to Mr. Prendergast. Forrest Rowden informed the members an initial organizing meeting had taken place for the 2006 biennial tour and he would be bringing updates to the board as the tour is developed. Cal Morgan asked staff to contact the County of Northumberland again in regards to a concern with the shoulder of the road by Garden Hill Conservation Area and some grading that is necessary in order for the grass to be cared for properly. Ray Benns extended an invitation to staff and board members and their families to attend the Canada Day celebrations of the Township of AlnwicklHaldimand on June 26, 2005 Mark Lovshin thanked Mark Peacock for a very good presentation he had made to Hamilton Township council on source water protection. A r.nrrp.!';pnnrlp.n~p.' FA 23/05 MOVED BY: SECONDED BY: Charlie Trim John Morand THAT correspondence item #7 & #8 be received for information. CARRIED. 10 Aprli~:.tinn!'; IInrlp.r Ont:.rin Rp.glIl:.tinn 14R/AO' Permits approved by Executive: a) 148/90-770-04/05 (Bryan Bowman, Municipality of Clarington) - construction of a new home b) 148/90-771-05/05 (David Parker, Municipality of Port Hope) - construction of a new home FA 24/05 MOVED BY: SECONDED BY: Brian Fallis Mark Lovshin THAT the Full Authority approve the permits issued by the Executive. CARRIED. Pemits requiring Full Authority discussion: None. Minutes FA 03/05 Mav 19. 2005 11 r.nmmit1p.p. Rp.pnrtll None. l' Np.w RlIllinp.llll None. 13 Othp.r RlIllinp.llll None. 14 In r.::lmF!r::l None. 15 Arljnllrn The meeting adjourned at 8:03 p.m. on a motion by Forrest Rowden. CHAIR f!2iQ/!JJ;;;' GENERAL MAN GERI SECRETARY~REASURER Paae 5 '05MAY26 PM 7:11:54 GANARASKAREGIONCONSERVATION AUTHORITY . .. . MINUTES OFTHE FULL AUTHORITY' April 21; 2005 FA 2105 . ,". 1 WAlmmp. ::!nrl~i:lllto OrrlAr. . . . ..i < ........ '. .' The Chair called the Full AuthoJffy meeting to order at 7:15 p.m. and welcomed lill II'i . attendance; . . MEMBERS PREsENt: . . "JohnMutton, Chair" Municipality of Clarington.. ...... . Forrest Rowden, Viqe~Chair- TownshipofHarTIi.lton' Charlie Trim . Municipality of Clarington' . Brian Fallis - Township of Cavan-Millbrook-North Monaghan CalMorgan- Muncipality of Port Hope. ". ......... . ,.... RaYl110ndBenns -Township of AlnwicklHaldiinand' ." "PamJackson- Town of Cobourg Bill MacDonald - Town of Cobourg ALSO PRESENT: . . Linda'Laliberte, General'ManagerISec;retary- Treasurer Mark Peacock, Watershed Services Coordinator . LindaRyan, Communications Specialist Ken Towle, Watershed Ecologist Don Moss;, Engineering Consultant Members of the public ABSENT WITH .' REGRETS: ALSO ABSENT: Mark Lovshin ~Township of Hamil John Morand - Municipality of Po Dave Marsh - City of Kawartha L ? ni~dm:a IrA of PA~I IniO'lIY Intp.rA~t None. I r......---..-.._:... . . :'I Minlltp.~.ofthA 1000~t mAAting t '.. ...H.,.____.' 1----... FA 11/05 r'" " ~~~~:.v,; "y, :YM":"~M~. [~;~=i~ ~ THAT the Full Authority approve the minutes of the March 24", 2005""ITieetfng;-:' . CARRIED. 4 Arloption of thA AgAnrlO'l .... --: ..y. J r , to. Minutes FA 02105 - ADriI 21'. 2005 Paae 2 The. Chairadvisedthatthere is One additional piece of correspondence and five additional permits approvedbyJhe Executive. . FA12105 MOVEDay: . SECONOEDBY: CharlieTrirn Forrest Rowden . . THAT theagend~beadopte~as amended. CARRIED. . . . 11 nelf!g~tiori!,;../'\ .' ........ '.' '. . . .... ...../..,.. a) DebraArmstrQn9,I:I..ncockCOmmitlee - Rice Lake WetlandsBc)ardWal~ This was postponed. .. .. . . . .. , . . R RII!':ine~!':Ari!':ingfromtheMirill'A~. . . .. .... . Staff presentedanupcjateJc!'the Board on the prescribed burniwhichhadtakellplace in the Ganaraska Forest As well, . news coverage was also shown from the event. Ken was requested by RayBenns JO make the same presentation to his council. . FA 13105 MOVED>BY: SECONDED BY: .... Forrest Rowden '. ParnJackson .. ,', ," " "-,,.,,', "'-,',' """. 7 r.h~ir ~nrlt;ehFir,:,I,M~n"lge~Rem~rk~ . The General ManagerlSecretary-Treasurer reported that the Conservation Oinner was a success with 300 people in attendanCe. She also presented the Conservation Authorities Moraine Coalition 2004Highlights Brochure to the members . fl RI J!':ine!':!l ftom the Rn,:,rC'l Memhe~ Pam Jackson asked for an update on the cairn in Cobourg Conservation Area. . Staff adviSed the members thaUhisproject would be included in the 2006 bUdget Forrest. Rowden requested that the Conservation Authority write to the Ministry of Transportation requesting that a traffic signal light be placed at Telephone Road and County Road 28. . FA 14105 MOVED BY: SECONDED BY: Forrest Rowden Charlie Trim THAT the Ganaraska Region Conservation Authority Full Board requests that the Ministry of Transportation support the placement and cost of traffic lights at the Intersection of County Road 28 and Telephone Road. (North of Highway 401) as this intersection isa safety concern; and FURTHER THAT this work be undertaken as soon as possible. MinUtes FA 02105 -AllriI21. 2005 Paae'a-- . CARRIED; iSl'r.()rre~ponrlenhP." . FA1S/ClS' MOVEbBY: SECONDED BY: . Forrest Rowden Cal Morgan THAT correspondence item #5 be received for information. CARRIED. FA 16/05 ." MbVEDBY: SECONDED BY: Forrest Rowden Cal Morgan THA Tcorrespondence item#6 be referred to staff. 10 Applir:::ltinn~lInrlp.r ()nlArin Reglll::llinn 14R/RO' Permits approved by Executive: a) 148/90-759';()3/05(Heather Shorten, Township ofHamilton)- construction of a newhorne. ...... .... ....... '. ..' b) 148/90-760-03/05 (En bridge Gas Distribution Inc, Municipality of Clarington)- installation of a gas service pipeline beneath a watercourse . c) 148/90-761';()4(05 (Beyond the Blue Box, Town of Cobourg) - removalofexisting ~m '. ..... . .d)148/90-761a-04/05 (2020910 Ontario Ltd., Town of Cobourg) - construction ota neWhoJ'!'le. e) 148/90-'68.7- 04l05(Revised) (Town of Cobourg) - construction of batting cage f) 148/90-765-04/05 (2020910 Ontario Ltd., Town of Cobourg) - constrUction of a new home . . g) 148/90-766-04/05 (2020910 Ontario Ltd., Town of Cobourg) --construction ofa newhorne ...... .' . '.' . . h)148/90-767';()4105(2020910 Ontario Ltd., Town of CobolJrg) - construction of Ii new home i) 146/90-768';()4/05 (2020910 Ontario Ltd., Town of Cobourg) -construction of a new home j) 148/90-769- 04105 (2020910 Ontario Ltd., Town of Cobourg) - construction of a new home . FA 17/05 MOVED BY: Charlie Trim SECONDED BY: Bill MacDonald THAT the Full Authority approve the permits issued by the Executive. CARRIED. . Minules.FA02l05 . Aoril 21.2005 PaaeA . Peniits requiring Full Authority discussion: None. ;11Ci)inmittp,p. Rp.pnrt!l a) Ga!laraska Forest Recreational Users Committee . F.(1B105 MOVED.BY: . . SECONDED BY: Brian Fallis . Forrest Rowden . . . . T~TlheFullAuthorityrecejve the Ganaraska F6restgecreational Users Committee mim.ltesforinfol1Tlationanda letter of appn:iciationbesentto Honda Canada. CARRIED.. . 1? 'Np.wiRIl$inP.!l!l a) . Gallaraska River Hydrology and Floodline Update ,... . . TheWater;shed Services. Coordinator gave a verbal update lothe niembers on the .. GaharaskaRiverhydrology and f100dline initiative. . b}iSouree Protection Planning Update The>WatershedServicesCoordinator presented an update on the source protection planning initiative. '. . 1:.\>OthMRII!linp.!l!l None. 14 'In C~mp.r~ 15 . Arljollrn . The meeting adjourned at 7:50 p.m. on a motion by Forrest Rowden. . CHAIR . " . fJ/;)/2HSk ENEAALMAGEW> SECRETARY~REASURER Council Information 1-15 CLARlNGTON MUSEUMS AND ARCHIVES BOARD MEETING MINUTES MAY 11,2005 Location: Clarke Museum Kirby, Ontario Present: K. Isnor, Chair S. Laing H. St Croix J. Witheridge J. Vinson M. VanDyke J. Murray D. Climenhage P. Ford Regrets: Councillor P. Pingle Councillor G. Robinson T.Oke Staff: M. Rutherford Conrad, Administrator 1. CALL TO ORDER The meeting was called to order at 7:05 p.m. by the Chair. 2. ADOPTION OF AGENDA Moved By: J. Witheridge Seconded By: P. Ford THAT Sher Leetooze be added to the agenda as the first item of business MOTION CARRIED Moved By: J. Witheridge Seconded By: D. Climenhage THAT the agenda be approved with amendment. DRAFT ) ~. MOTION CARRIED H. St. Croix arrives at the meeting at 7:09 PM. 3. BOOK LAUNCH PRESENT AnON S. Leetooze presented her proposal for the launch of her recent books at the Bowmanville Museum. S. Leetooze was asked if she would be able to hold the event during work hours on a Saturday afternoon. She agreed to that timing. Moved By: J. Witheridge Seconded By: D. Climenhage THAT the Board waives the rent for the facility without prejudice if the event can be arranged with the Administrator during work hours and at no extra cost to the museum. MOTION CARRIED 4. APPROVAL OF THE MINUTES OF APRIL 13, 2005 Moved By: J. Witheridge Seconded By: M. Van Dyke THAT the minutes ofthe Board Meeting of April 13, 2005 be approved. MOTION CARRIED 5. BUSINESS ARISING a) Band Museum Partnersbip D. Climanhage presented a proposed partnership with Clarington Museums and Archives to establish the Band Museum. The Board of the Great Canadian Town Band Festival has already approved the partnership and the Museum Administrator has reviewed it and provided her input. J. Witheridge inquired where the staff office would be located and how many instruments are currently in the collection. D. Climenhage answered that it would be in the Sarah Jane Williams Heritage Centre and there are currently 75 instruments in the collection. H. St. Croix inquired into the liaison between Clarington museum and the Band Museum and if we would need an additional Board member. D. Climenhage responded that they hoped to follow the model that was established with the Newcastle Village and District Historical Society. Long term plans include that the Band Museum would have its own site but it would be a part of the structure of Clarington Museums and Archives. Revenue could be generated from events such as the Band festival, performances by historical bands in addition to visitor revenue. Moved By: J. Witheridge Seconded By: S. Laing DRAFf THAT the Plan be adopted and the Administrator send correspondence to Council requesting their endorsement. MOTION CARRIED 5. CORRESPONDENCE Moved By: J. Witheridge Seconded By: J. Vinson THAT the correspondence by accepted. MOTION CARRIED J. Witheridge commended Administrator on the success ofthe Foundry Book Launch at the museum. 6. COMMITTEE REPORTS a) Finance Committee: D. Climenhage reviewed minutes from the Finance Committee meeting including 2004 Year End financials. In 2005, our Q1 expenditures are under plan while onr Q1 revenues are 5% over plan. Moved by: H. St. Croix Seconded by: M. Van Dyke THAT a correction be made to the minutes of the Finance Committee report showing Member Schools pay $1.00 per student and Non-Member schools pay $3.00 per student for educational programmes. MOTION CARRIED Moved By: J. Witheridge Seconded By: P. Ford THAT the Finance Committee Report be accepted MOTION CARRIED b) Collections and Event Planning Committee: P. Ford reviewed the report. J. Murray identified that the Courtice Rotary Club will be doing a Canada Day event at Garnett Rickard Centre. Moved By: J. Witheridge Seconded By: D. Climenhage DRAFT MOTION CARRIED THAT the report is accepted. MOTION CARRIED 7. ADMINISTRATOR'S REPORT On May 24, the report on the Kirby United Church is going to GP & A. The Administrator also requested permission to book a traveling exhibition on Medieval Times in 2007. Moved by: J. Witheridge Seconded By: S. Laing THAT the Administrator book the exhibit for 3 months. Moved By: S. Laing Seconded By: P. Ford THAT the Administrator's Report be received. MOTION CARRIED 8. NEW BUSINESS a) Staff Benefits Correspondence from Municipal Payroll indicates that benefits to municipal employees have changed. Moved By: J. Witheridge Seconded By: D. Climenhage THAT the new benefits be endorsed by the Board. MOTION CARRIED 9. DATE AND PLACE OF NEXT BOARD MEETING: The next meeting will be at the Sarah Jane Williams Heritage Centre at 7:00 PM on June 8,2005. ADJOURNMENT DRAFT Moved by: M. Van Dyke THAT the meeting adjourn at 8:49 p.m. DRAFT / Council Information 1-28 '05JUN07 PM 3:29:07 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting May 17, 2005, 7:00 PM MEMBERS PRESENT: Victor Suppan David Reesor Councillor MacArthur Clayton Morgan Karina Isert Karin Mur Andre Cat REGRETS: Jennifer Knox PLANNING STAFF: Isabel Little ADOPTION OF MINUTES 05.19 Moved by Clayton M THATtheApril 191h, 20 ~-,_...~,. ',,---I . ~---I e reg~ered 00 Me b~~LI~J d and p sented at a televised meeting in the fall. ~.-,..-,.,.,..~"- '.- -",..,- ._'. Herit The Distric Heritage Con for the benefit public in Septemb ee met on May 18th and reviewed the options other than a ct as provided for under the Planning Act. The review was n embers. The draft guidelines are to be presented to the . a second open house in October to obtain public comment. Victor Suppan provided the LACAC members with a handout regarding insurance for heritage homes which he had obtained from the Heritage Canada Foundation website. The articles addressed the insurance industry's efforts to make it easier to obtain insurance and owner's difficulty in obtaining insurance on older homes. It was requested that these articles also be forwarded to the District Steering Committee for information. Minutes of LACAC Meeting: May 17, 2005 Page 2 Ontario Heritaoe Amendment Act 2005 (Bill 60) Staff presented the changes to the Ontario Heritage Act as approved by Bill 60. A chart was distributed summarizing the changes (see attached). The Ministry of Culture has confirmed that the criteria for designation should be finalized by the end of the year. Places to Grow Act 2005 (Bill 135) Staff presented the highlights of Bill 135 indicating the impacts that th decision making at the local government level. ill have on Mandate Bv-Iaw The LACAC reviewed proposed changes to staff which would bring the by-law into conf Statements. w prepared by rovincial Policy 05.20 , resented with the amendment " to "Clarington Heritage rovement Plan Committee No mee Ings have been scheduled. 407 Committee No meetings have been scheduled. Grand Trunk Railwav Anniversary Committee Victor Suppan will be the chair for the sub-committee. No meetings have been scheduled. CHO Research Committee No recent meetings have been held. Heritaoe Recoonition Awards Committee The sub-committee provided a handout of a proposed program and budget based loosely on the apple blossom awards. A proposed list of award categories was Minutes of LACAC Meeting: May 17, 2005 Page 3 developed and winners will be presented with a letter of commendation, a plaque or both. The sub-committee is to develop a case to present to council for funding. FINANCIAL REPORT The closing LACAC balance for March 2005 totaled $865.47. 05.21 Moved by Karina Isert, seconded by Councillor McArthur THAT the financial report be accepted as present "CARRIED" CORRESPONDENCE CHO Newsletter Committee members received a copy of the NEW BUSINESS Inventorv Update Review Request nity i . rovememt areas is almost ng and the LACAC will be are a brief analysis for each 05.022 Next Meeting June 21S\ 2005,7:00 PM Municipal Administrative Centre Cl&:.#}gtnn REPORT #1 REPORT TO COUNCIL MEETING OF JUNE 13, 2005 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JUNE 6, 2005 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) OPD-008-05 - Senior Citizens and Physically Disabled Sidewalk and Driveway Windrow Snow Clearing Program 2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION (a) PSD-073-05 - Canadian Nuclear Safety Commission Draft Regulatory Guide G- 320 - Assessing the Long Term Safety of Radioactive Waste Management (b) COD-029-05 - CL2005-13 Station Street Reconstruction, Orono 3. ZONING BY-LAW AMENDMENT TO PERMIT THE CONSTRUCTION OF A COMMERCIAL BUILDING APPLICANT: 1638338 ONTARIO INC. (DAN HOLKEMA) THAT Report PSD-071-05 be received; THAT the rezoning application submitted by 1638338 Ontario Inc., be approved; THAT the amending By-law attached to Report PSD-071-05 be forwarded to Council for approval; THAT a copy of Report PSD-071-05 and the attached amending By-law be forwarded to the Durham Region Planning Department; and, THAT all interested parties listed in Report PSD-071-05 and any delegation be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET. BOWMANVILLE. ONTARIO L1C 3A6 T (905) 623-3379 Report #1 -2- June 13, 2005 4. OAK RIDGES MORAINE ZONING BY-LAW THAT Report PSD-068-05 be received; THAT the Zoning By-laws implementing the policies of the Oak Ridges Moraine Conservation Plan and Amendment No. 33 to the Clarington Official Plan as contained in Attachment NO.1 to Report PSD-068-05 be approved; THAT upon approval of the Zoning By-laws by the Minister of Municipal Affairs and Housing, a by-law be forwarded to Council to change the Municipal Fee Schedule by adding a new fee for Removal of the Environmental Holding Symbol consistent with fees for minor variance applications; THAT the Zoning By-laws contained in Attachment NO.1 to this Report be forwarded to the Minister of Municipal Affairs and Housing for approval in accordance with the Oak Ridges Moraine Conservation Act; THAT the Ministry of Municipal Affairs and Housing, Region of Durham Planning Department, Central Lake Ontario Conservation, Ganaraska Region Conservation Authority, Otonabee Region Conservation Authority, Kawartha Region Conservation Authority, City of Oshawa, Town of Port Hope, City of Kawartha Lakes, Township of Scugog and Cavan Township be forwarded a copy of Report PSD-068-05 and Council's decision; and THAT all interested parities listed in Report PSD-068-05 and any delegation be advised of Council's decision. 5. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 19, 2005 THAT Report PSD-069-05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on May 19, 2005 for applications A2005/018, A2005/019 and A2005/020; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 6. AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION 18T-96013 ZONING BY-LAW AMENDMENT ZBA2004-048 TO PERMIT THE DEVELOPMENT OF 245 RESIDENITAL UNITS APPLICANT: KYLEMORE HOMES THAT Report PSD-070-05 be received; Report #1 - 3 - June 13,2005 THAT the amendment to Draft Approved Plan of Subdivision 18T-96013, submitted by Kylemore Homes be approved subject to the conditions contained in Attachment 3 to Report PSD-070-05; THAT the rezoning application submitted by Kylemore Homes be approved and that the proposed Zoning By-law contained in Attachment 4 to Report PSD-070-05 be passed; THAT the Mayor and Clerk be authorized by By-law, to execute a Subdivision Agreement between the Owner and the Municipality of Clarington at such time as the agreement has been finalized to the satisfaction of the Directors of Engineering and Planning Services; THAT a copy of Report PSD-070-05 and Council's decision be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD-070-05 and any delegations be advised of Council's decision. 7. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: ANDREW MEIMA THAT Report PSD-072-05 be received; THAT the application submitted by Andrew Meima on behalf of Keith Allin of 917859 Ontario Limited, to remove the Holding (H) symbol be approved and that the attached By-law to Report PSD-072-05 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD-072-05 and any delegations be advised of Council's decision. 8. MUNICIPALITY OF PORT HOPE OFFICIAL PLAN THAT Report PSD-076-05 be received; THAT Report PSD-076-05 be submitted as the Municipality of Clarington's comments on the Municipality of Port Hope Draft Official Plan dated April 12, 2005; and THAT a copy of Report PSD-076-05 be forwarded to the Municipality of Port Hope. Report #1 -4- June 13, 2005 9. OUTDOOR RECREATION FACILITIES STUDY THAT Report EGD-016-05 be received; THAT The Outdoor Recreation Facilities Study be approved as a guide for the future provision of outdoor recreation facilities; and THAT Council express its intent to fund these projects, to the extent allowable, from current and future development charges. 10. 2004 - 2005 WINTER REPORT THAT Report OPD-009-05 be received; THAT the Municipal Salt Management Plan be approved as attached to Report OPD-009-05; and THAT Environment Canada be advised of Council's direction. 11. SUPPLEMENTARY FEES AND RATES REPORT THAT Report CSD-009-05 be received; and THAT the Supplementary Fees and Rates Report CSD-009-05, as outlined in Attachment #1 to Report CSD-009-05, be approved. 12. PRIVATE PARKING ENFORCEMENT THAT Report CLD-025-05 be received; THAT the by-laws attached to Report CLD-025-05 to appoint parking enforcement officers for private property be forwarded to Council for approval; and THAT Shelly Wensink, Barry Hails, Valiant Property Management and P.R.O. Security Investigation Agency Inc. be advised of Council's actions. 13. REALLOCATION OF 2004 CAPITAL BUDGET FUNDS THAT Report COD-030-05 be received; THAT the remaining funds, in the amount of $9,800.00 from the 2004 Capital Budget, Account # 110-16-130-81608-7401 be used for the purpose of ergonomic design/furniture for the Communication and Marketing Division's office space. CladnglOn Enetglzlng Ontario REPORT #2 REPORT TO COUNCIL MEETING OF JUNE 13,2005 SUBJECT: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JUNE 13,2005 RECOMMENDATIONS: 1. THAT the recommendations contained in Report PSD-077-05 as approved by the General Purpose and Administration Committee at their Special Meeting of June 13,2005, be approved. 2. THAT the recommendations contained in Report PSD-078-05 as approved by the General Purpose and Administration Committee at their Special Meeting of June 13,2005, be approved. CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 REPORT #3 CINi1Jgron REPORT CLERK'S DEPARTMENT Meeting:' COUNCIL Date: June 13,2005 Report#: CLD-026-05 File#: By-law #: Subject: MUNICIPAL LAW ENFORCEMENT OFFICERS RECOMMENDATIONS: It is respectfully recommended that the Council approve the following recommendations: 1. THAT Report CLD-026-05 be received; and 2. THAT the by-law appointing Kaitlyn Danielle Hill as a Municipal Law Enforcement Officer for the Municipality of Clarington be approved. S"bm_~ ~Iii c: Anne Gree tree, SA, A.M.C.T. Deputy Clerk Reviewed bye) ~ ~- Franklin Wu, Chief Administrative Officer CAG*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD..()26..()5 PAGE 2 of2 BACKGROUND AND COMMENT The Municipal Law Enforcement Division has hired two summer students to work as officers and enforce municipal by-laws relating to long grass and weeds, West Nile virus and municipal land encroachments. One of these students is returning for her second year with the Municipal Law Enforcement Division, Heather Closs. Miss Closs was appointed last year and her appointment by-law is still in effect. The other student is Kaitlyn Danielle Hill. In order to perform her duties as an officer, Miss Hill will need to be appointed by municipal by-law and sworn in under the Police Services Act. The by-law to appoint Miss Hill is attached to this report. ATTACHMENTS: 1 By-law to Appoint Kaitlyn Danielle Hill as a Municipal Law Enforcement Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005-117 Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desirable to appoint Kaitlyn Danielle Hill as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Kaitlyn Danielle Hill is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Ciarington. BY-LAW read a first time this 13'h day of June 2005. BY-LAW read a second time this 13th day of June 2005. BY-LAW read a third time and finally passed this 13'h day of June 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk ATTACHMENT II \ TO REPORT II l2.L:l>-0'l.1o- oS SUMMARY OF BY-LAWS JUNE 13, 2005 BY -LAWS 2005-106 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Kylemore Homes) (Item #6 of Report #1) 2005-107 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Andrew Meima) (Item #7 of Report #1) 2005-112 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Dan Holkema)(ltem #3 of Report #1) 2005-113 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Miwel Construction Limited, Stouffville, Ontario, to enter into agreement for the Station Street Reconstruction, Orono (Item #2 b of Report #1) 2005-114 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Shelly Wensink) (Item #12 of Report #1) 2005-115 being a by-law to appoint individuals as Parking Enforcement Officers for Private Property (Barry Hails) (Item #12 of Report #1) 2005-116 being a by-law to declare Part 1 and Part 2 on Registered Plan 40R-23536 to be surplus (approved by Council on April 18, 2005) 2005-117 being a by-law to appoint a Municipal Law Enforcement Officer (Kaitlyn Hill) (Report #3) 2005-118 being a by-law to adopt Amendment No. 43 to the Clarington Official Plan (Bowmanville West Main Central Area Secondary Plan) (Report #2) 2005-119 being a by-law to adopt Amendment No. 44 to the Clarington Official Plan (Bowmanville West Main Central Area Secondary Plan) (Report #2) 2005-120 being a by-law to amend By-law 84-63. the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Bowmanville Professional Building Inc.) (Report #4) Other Business q~n MEMO CLERK'S DEPARTMENT To: Mayor Mutton and Members of Council From: Patti L. Barrie, Municipal Clerk Date: June 9, 2006 Subject: COUNCIL MEETING - JUNE 13,2005 APPOINTMENTS TO THE CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE AND THE CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE Listed below are the individuals who have applied to sit on the above noted Committees. The application forms have been distributed under Separate Cover. Clarinoton Accessibility Advisory Committee Keith Brettell Clarinoton Traffic Manaoement Advisorv Committee (Ward 3) Don Carter ./ Patti L. Barrie, A.M.C.T. Municipal Clerk cc: F. Wu, Chief Administrative Officer attach. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 CI!J!:illgton REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, June 13, 2005 Report #: PSD-075-05 File #: ZBA 2004-022 By-law #: Subject: REZONING APPLICATION TO PERMIT AN EXPANSION TO THE EXISTING MEDICAL CLINIC AND LANDS PROPONENTS: BOWMANVILLE PROFESSIONAL BUILDING INC. RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report PSD-075-04 be received; 2. THAT Council authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute the agreement between, Sabina Investments Inc and Ankara Realty Limited and Bowmanville Professional Building Inc. as contained in Attachment 2 to this report; 3. THAT the modification to the Zoning By-Law Amendment application to include the deletion of one loading space be deemed minor and not requiring further public notice; 4. THAT the Zoning By-law Amendment contained in Attachment 3 to permit an expansion of the Bowmanville Professional Building be APPROVED and the By-law be passed when Council is advised that the agreement referred to in Recommendation 2 has been executed by the parties other than the Municipality; and 5. THAT all interested parties listed in this report and any delegations be advised of Council's decision. Submitted by: Reviewed by: 4/~ r In Wu, ief Administrative Officer Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services ~~I Anthony Cannella, C.E.T. Director of Engineering Services 'f CP/DJC/df 8 June 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, aNT ARia L 1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-075-05 PAGE 2 1.0 APPLICATION DETAILS 1.1 Proponents: Bowmanville Professional Building Inc. 1.2 Owner: Bowmanville Professional Building Inc., and Sabina Investments Inc and Ankara Realty Limited 1.3 Rezoning Application: . To expand the land area of the existing facility by rezoning lands to permit a parking area and a three storey expansion of an area of 1610 m2 to the existing medical clinic with adjustments to the required front and exterior side yard setback, . To allow a 5 m sight triangle as opposed to the minimum required 7.5 m . To permit parking space lengths reduced to 5.4 m where abutting a landscaped strip, . To allow a vehicle entrance located 3 m from the side yard lot line of a residentially zoned property as opposed to the minimum required 7.5 m, and . To allow one loading space as opposed the minimum required two spaces 1.4 Location: Part Lot 10, Concession 1, former Town of Bowmanville, municipally known as 222 King Street East. 1.5 Site Area: 3136 square meters 2.0 LOCATION 2.1 The subject lands are located at the northeast corner of King Street East and St. George Street in Bowmanville. The additional lands to be acquired for the proposed parking area are located immediately to the north and east of the Bowmanville Professional Building and parking area, as well as the lands east of 234 King Street East, immediately abutting to the east of the existing Bowmanville Professional Building. (see Attachment No.1) 3.0 BACKGROUND 3.1 Application for rezoning to allow an expansion to the Bowmanville Professional Building, 222 King Street East was originally received in late May 2004 and a Public Meeting was held June 21, 2004. At that time the application did not include the lands on the east side of 234 King Street East. A second public meeting was held on October 18, 2004, when these lands were added to the application. 3.2 The Bowmanville Professional Building currently consists of a three storey medical building containing a floor area of approximately 23,000 ft2. The applicants are REPORT NO.: PSD-075-05 PAGE 3 proposing a 3 storey 23,200 ft2 addition to the medical building. The addition would be connected at grade to the existing building and generally be located to the west of the existing building within 2 metres or less of the King Street line. 3.3 The Bowmanville Professional Building along with lands being rezoned for the expanded parking area are within the area subject to the King Street East Corridor Study. The study was completed in September 2003 and Council adopted the recommended official plan amendment (OPA 36) and zoning by-law amendment (By- law 2003-153) in October 2003 implementing some of the study recommendations. 3.4 The proposal generally complies with the intent of the King Street East Corridor Study by: proposing a building addition that is predominantly street front oriented; reducing the number of existing vehicle access points to King Street East by one; providing the Municipality with ownership of land in the vicinity of the intersection of Frank St. and King St. E. where future intersection improvements are likely required; and allowing for the extension of Church Street easterly, where a future access will be provided. 3.5 The proposal is an addition to an existing building that is setback from the King Street East property. The rezoning application is required for the following aspects of the proposal: a) The at grade connection to the existing building will be setback more than 2 metres from the King Street East street line; b) A 5m x 5m sight triangle at the intersection of King Street East and St. George Street is proposed as opposed to the by-law required 7.5 m x 7.5m; c) Allow the entrance to the parking lot on St. George Street to be located 3.0 m from the side yard lot line of a residentially zoned property, as opposed to the zoning by-law minimum of 7.5 m; d) Allow parking spaces abutting a planting strip to have a length of 5.4 m as opposed to 5.7 m; e) Allow the development to proceed with one loading space as opposed to two; and f) To allow the third floor to maintain the same setback as the first two floors, as opposed to requiring a further 1.5 m setback from the King Street East property line. 4.0 SITE CHARACTERISTICS AND SURROUNDING USES 4.1 The existing medical facility property contains a three-storey building with a paved parking area and landscaping around the front entrance and property edges. The new lands to be added to the facility are vacant of structures with some existing vegetation. REPORT NO.: PSD-075-05 PAGE 4 4.2 Surrounding Uses: West: North: East: South: Urban residential and St. George Street Vacant, urban residential and Bowmanville High School Office commercial uses east of the existing medical office, and retail commercial east of the proposed parking lot expansion Retail commercial uses 5.0 PUBLIC MEETING 5.1 Public notice was given by mail to each landowner within 120 metres of the subject site and a public meeting notice sign was installed on the property's road frontage. Staff received a few enquiries from people seeking additional information. One individual has suggested that one of the trees on the lands proposed for the parking area expansion is rare and should be preserved. 5.2 Public meetings were held June 21, 2004 and October 18, 2004 with regard to this rezoning application and no one has spoken in opposition to or in support of this application in this public meeting. 6.0 OFFICIAL PLAN POLICIES 6.1 The Durham Region Official Plan designates the lands as Main Central Area. Lands within said designation shall be planned as the main concentration of urban activities, providing a full array of integrated uses. The application is deemed to conform. 6.2 The Clarington Official Plan designates the lands containing the existing medical facility and the lands to the east of 234 King Street East as "Street-Related Commercial Area" within the East Business District of the Bowmanville East Main Central Area. The proposed rezoning application is in conformity with the policies of the Official Plan. 7.0 PROVINCIAL POLICY STATEMENT 7.1 The proposed application complies with the intensification policies of the Provincial Policy Statement 2005. 8.0 ZONING BY-LAW CONFORMITY 8.1 All the lands fronting on King Street East to the depth of the existing ownership of the Bowmanville Professional Building Inc., including the lands being acquired from Bowmanville Professional Building Inc., and Sabina Investments Inc and Ankara Realty Limited are zoned "General Commercial Exception - (C1-30)". The lands north of this point are zoned "Holding - Urban Residential Type Three ((H)R3)". The R3 zone does not permit a parking lot for a commercial uses, hence the rezoning application. REPORT NO.: PSO-075-05 PAGE 5 9.0 AGENCY COMMENTS 9.1 The rezoning application together with the site plan application was circulated for comments to various agencies. The comments received from the agencies through the original circulation did not raise any issues with the rezoning, however many of the agencies noted they would have conditions to be implemented through site plan approval. 9.2 CLOCA advised that a storm water management brief would be required. The brief would need to detail grading and drainage information including temporary and permanent storm water quality and quantity controls. 9.3 Regional staff advised site is connected to full municipal services. No new services will be constructed for the site. The proposal must be serviced internally. 9.4 Engineering Services advised that on-site storm water drainage is required in order to process the site plan application. Additionally Engineering and Planning staff had numerous meetings with the applicants dealing with the consolidation of driveway access to King Street East between this proposal and 234 King Street East, as well as the parking area at the rear of the buildings. Although a coordinated parking plan for the expanded Bowmanville Professional Building and 234 King Street was not achieved at this time. A dedication of land is required to the Municipality in the vicinity of the intersection of Frank Street and King Street East which will allow the Municipality to work with abutting land owners in the future to further consolidate access points in this area. 10.0 COMMENTS 10.1 The proposal would be providing space for approximately 15 additional doctors through this expansion. The additional parking required for the proposed addition will be provided on lands to the north and to the east of the existing medical facility. 10.2 The proposed medical centre expansion provides the second significant development approval to implement the new planning framework for the King Street East corridor. The proposed 3 storey street-related building contributes to the transformation of King Street East by; . Defining a street wall as recommended by the King Street East Corridor Study providing a more pleasant street-scape. . Locating the main entrance/exit access point from King Street significantly away from the King Street & St. George Intersection by eliminating the existing vehicular entrance and exit access point to the site. 10.3 The applicant and the current owner have agreed to dedicate to the Municipality a parcel of land at the easterly entrance to the parking lot. This will enable the Municipality to provide for a consolidated access to adjacent properties in conjunction with intersection improvements at Frank Street. This initiative allows the Municipality to REPORT NO.: PSD-075-05 PAGE 6 reduce the number of accesses on King Street East thereby assisting in the implementation of the recommendations of the King Street East Corridor Study. 10.4 Staff are finalizing the site plan approval. The site plan approval will deal with future access to the Church Street extension and the future co-ordination of access to King Street East at the Frank Street intersection, where the applicant is required to dedicate land to the Municipality. It will also review access and parking issues for the existing facility during construction of the new building. 10.5 The applicant's have entered into an agreement with the abutting land owner (Sabina Investments Inc and Ankara Realty Limited) for the additional lands required to accommodate the proposed building expansion and related parking requirements. The Bowmanville Professional Building Inc. was not able to buy the required land out-right, but rather has an agreement to lease for 10 years with an option to purchase the subject lands. 10.6 Municipal staff and solicitor were concerned that based on the proposed lease to purchase arrangement should either party fail to fulfill their required obligations, at some time in the future, a medical office building would be constructed that did not have the required parking. Two methods to alleviate this concern were considered and discussed with the applicant prior to the applicant (Bowmanville Professional Building Inc.,) the vendor (Sabina Investments Inc and Ankara Realty Limited) and the staff reaching agreement or the means that are recommended to Council. This involves an agreement which will provide the Municipality with the option to purchase the leased lands if the Professional Building does not exercise its option or if its lease is terminated. The price is to be agreed to by parties before September 1, 2005 or determined by an appraisal approved by the parties. It will be the fair market value of the leased land as unserviced, unimproved land with frontage of 20.3 m on King Street East. 10.7 The agreement ensures that additional land is being provided to accommodate the additional parking required by the proposed expansion. The zoning by-law should not be passed by Council until the agreement has been executed by all parties other than the Municipality of Clarington. 11.0 CONCLUSIONS 11.1 The application is providing intensification along King Street East frontage. The development will provide additional space for doctors. The lack of doctors in Clarington has been an issue the Municipality has been trying to address with a recruitment committee. In consideration of the positive comments received from circulated agencies and departments, staff respectfully recommends that the attached Zoning By-law Amendment as contained in Attachment 3 be passed by the Council at such time as the agreement contained in Attachment 2 has been executed by the parties to it other than the Municipality. REPORT NO.: PSD-075-05 PAGE 7 Attachments: Attachment 1 - Attachment 2 - Attachment 3 - Key Map Agreement Zoning By-law Amendment Interested parties to be notified of Council's decision: D. Hartford Charles Cattran Strike Salmers and Furlong Sabina Investments Inc. and Ankara Realty Limited John Shewchuk John Rice The Friendly Landlord 1<- BLOCK '" o 9 m - C. G. PLAN D3 u Existing 3 Storey Building u.i ~Ci5 C"le> Nc :,z , . Proposed Storey Additi ------ =n tMiNMr All. 3 - 49!: 11M "* N<<UM. hW'Y:S ) ([ Bowmanville Key Map ~~ ~~: Subject ? ~~ Lands ~!~i~ l~bW (01- ATTACHMENT 1 8 8 8 8 8 8 . 8 . 8 8 8 . . 8 . 8 8 8 . 8 8 8 8 8 8 . 8 8 8 J ZBA 2004-022 Zoning By-law Amendment 1\ /' Owner: Bowmanville Professional Building Inc. and Sabina Investments Inc. - . - lands Being Aquired . . . ... lands to be Dedicated to the Municipality of Clarington Subject lands [ PURCHASE AND OPTION AGREEMENT This Agreement made as of the 13th day of June, 2005. BETWEEN: SABINA INVESTMENTS INC. AND ANKARA REALTY LIMITED (hereinafter collectively referred to as the "Vendors"), OF THE FIRST PART, -and- THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON (hereinafter referred to as the "Purchaser"), OF THE SECOND PART. -and- THE BOWMANVILLE PROFESSIONAL BUILDING LIMITED (hereinafter referred to as "Professional Building"), OF THE THIRD PART. WHEREAS: A. The Vendors as Landlord and Professional Building as Tenant have entered into a Lease dated as of January 1,2005 (the "Lease") in respect of the Lands (as defined in the Lease); B. The Vendors and Professional Building have agreed to amend the Lease (the "Amendment") to surrender a parcel with the frontage of 20.13 metres on King Street East by a depth of 15.5 metres (the "Excluded Area"); C. The Lease provides for an option in favour of Professional Building to purchase the Lands minus the Excluded Area (the "Remaining Lands") on the terms contained therein (the "Tenant's Option"); D. Professional Building has entered into the Lease for the purpose of developing the Remaining Lands for the purposes of a parking lot to serve the professional building that it operates on adjoining lands; E. True copies of the Lease and the Amendment are annexed to this Agreement as Schedules "A" and "B" respectively; F. The Vendors have agreed to convey title in fee simple to the Excluded Area to the Purchaser for a nominal consideration (the "Excluded Area Conveyance"); ATTACHMENT 2 I. This Agreement is authorized by by-law No. June, 2005. enacted on the 13th, day of -2. G. The Vendors have also agreed to grant an option, to the Purchaser (the "Purchaser's Option") to purchase the Remaining Lands if the Lease is surrendered, is terminated and/or Professional Building does not exercised the Tenant's Option; H. The Vendors and the Purchaser enter into this Agreement to facilitate the Excluded Area Conveyance and the Purchaser's Option; and NOW THEREFORE IN CONSIDERATION of the sum of TWO DOLLARS ($2.00) of lawful money of Canada, now paid by each party to the other and the mutual covenants contained therein, th~ parties covenant and agree as follows: Conveyance I. COllveyallce of Excluded Area: On or before the 1st day of August, 2005 the Vendor shall deliver to the Purchaser an executed Transfer, sufficient to vest in the Purchaser title in fee simple, absolute, free and clear of all encumbrances and restriction of the Excluded Area for nominal consideration. Professional Building shall forthwith retain and instruct a firm of Ontario Land Surveyors to prepare and deposit, at the LTO (as hereinafter defined,) a reference plan of survey of the Excluded Area at Professional Building's expense. Ootion 2. Option to Purchase: The Vendors hereby grant to the Purchaser, the sole and exclusive (subject to the Tenant's Option) right and option (the "Option") to purchase the Remaining Lands at the price and on the terms and conditions set forth in this Option. This Option and shall be irrevocable by the Vendors and is conditional and open for exercise by the Purchaser within sixty (60) days (the "Deadline") following the receipt by Purchaser of notice of any of the following events (the "Occurrence") : a) wTitten notice is given by the Vendors that the Lease has been terminated either because of the occurrence of an event of default that has not been remedied by Professional Building as provided in the Lease or because Professional Building has surrendered its leasehold interest; or b) the end of the third, fifth, sixth, seventh, eighth, ninth and tenth years of the term of the Lease if Professional Building has not exercised the Tenant's Option. The Vendors covenant to give the Purchaser written notice of an Occurrence. This Option may be exercised by the Purchaser by the delivery to the Vendors or the Vendors' solicitors on or before the Deadline, of a notice in ""Titing of the Purchaser' intent to exercise this Option, signed by either the Purchaser or their solicitors. The date of receipt of such notice by the Vendors shall be the "Option Date'>. Upon the exercise of this Option, there shall be constituted an agreement of purchase and sale (the "Agreement of Purchase and Sale") between the Vendors, as vendor, and the Purchaser, as purchaser, whereby the Vendors agree to sell the Remaining Lands to the Purchaser and the Purchaser agrees to purchase the Remaining Lands from the Vendors at the price and on the telIDS and conditions herein set forth. The Agreement of Purchase and Sale shall contain the terms and conditions set out in Schedule "C" with necessary modification. 3. Closing Date: The Agreement of Purchase and Sale shall provide for a closing on the 60th day after the Option Date (or, where such closing date would otherwise be a date on which the Land Registry Office for the Land Titles Division of Durham (the "L TO") is not open, then the first date thereafter upon which the L TO is open) (the "Closing Date"). 4. The Purchase Price: The purchase price (the "Purchase Price") under the Agreement of Purchase and Sale shall be equal to the product of the (i) Fair Market Value of the Remaining Lands determined in accordance with this Agreement and (ii) the fraction which has as its denominator the CPI for the month of June, 2005 and as its numerator the CPI for the month immediately preceding the Closing Date. -3 - 5. Boundaries: The Purchaser acknowledges that the boundaries of the Remaining Lands may be altered by the Vendor in accordance with the provisions of the Lease relating to the Tenant's Option. The boundaries and area of the Remaining Lands shall be conclusively detennined by a reference plan of survey and certificate of a firm of Ontario Land Surveyors (the "Surveyor") addressed to both the Vendors and the Purchaser. The Vendors shall retain and instruct the Surveyor to prepare such reference plan of survey and certificate as soon as possible after the Option Date at the Vendor's cost. 6. "Fair Market Value" shall mean the fair market value of the Remaining Lands as unserviced and unimproved land determined as at June 13, 2005 in the following manner: (a) If the Vendors and Purchaser either cannot agree on the Fair Market Value or cmIDat agree the Single Appraiser who has determined the Fair Market Value on or before September 1, 2005, then each shall, no later than September 11, 2005, appoint an appraiser (the "Appraiserstl) for the purpose of determining the Fair Market Value; (b) The Appraisers shall prepare and submit their valuations to the other and to the Vendors and Purchaser, within thirty (30) days after September ll, 2005. In preparing their valuations, the Appraisers shall have full access to all records of the Vendors and the Purchaser that relate to the Remaining Lands and each of the Vendors and the Purchaser covenants and agrees to fully cooperate with the Appraisers for such purposes, and shall provide all information and documentation requested by such Appraiser; (c) The Fair Market Value shall be: (i) the valuation determined by the Single Appraiser appointed by the Vendors and Purchaser in accordance with Section 6(a); (ii) in the event that the valuations provided by the Appraisers appointed by the Venders and the Purchaser, respectively specify the same amount, the amount specified in the valuations; or (iii) in the event that the aforesaid two valuations specify amounts within ten per cent (10%) of each other, the higher amount specified in such valuations; or (iv) in the event that the aforesaid two valuations specify amounts not within ten per cent (10%) of each other then Mr. Wayne Crawford of Toronto shall value the Remaining Lands and his valuation shall be binding upon the Vendors and the Purchaser. (d) If Mr. Wayne Crawford shall be unable or unwilling to value the Remaining Lands or shall fail to submit a valuation within sixty (60) days of his appointment, then the Vendor or Purchaser may apply to a Judge of the High Court. General Division, to appoint an appraiser (the "Third Party Appraiser") and whose valuation shall be binding upon the Vendors and the Purchasers; and (e) The fees and expenses of Mr. Wayne Crawford or the Third Party Appraiser, as the case may be, shall be shared and paid equally by the Vendors and the Purchaser. 7. "CPl" shall mean the Consumer Price Index (all items for regional Cities) for Ontario (or any index published in substitution for the Consumer Price Index or any other replacement index reasonably designated by the Purchaser if it is no longer published) published by Statistics Canada (or any otber success thereof or any other governmental agency, including a Provincial agency). In the case of any required substitution, the Purchaser shall be entitled to make all necessary conversations for comparison purposes. USE OF LANDS - 4- 8. The parties hereto covenant and agree that the Lands shall and may be used as a parking lot. The Vendors further covenant and agree not to engage the Ontario Municipal Board by appealing the zoning of the Remaining Lands for parking purposes so long as the Lease remains in effect. 9. The Vendors covenant and agree to execute a Site Plan Agreement with Purchaser facilitating the use of the Remaining Lands as a parking lot (the ~'Site Plan Agreement"). The Vendors further consent to the registration of the Site Plan Agreement against the Remaining Lands and other abutting lands ofthe Vendor (the "Abutting Lands") until such time as separate parcels have been created at the L TO for the Remaining Lands and the Abutting lands so as to facilitate the release of the Site Plan Agreement from all but the Remaining Lands. 10. Professional Building agrees that it will perform its obligations under this Agreement and that the rights of the Purchaser under this Agreement have priority over Professional Building's rights under the Lease, Amendment and all agreements between the Vendors and Professional Building. Professional Building covenants and agrees to: (a) Construct a parking lot on the Remaining Lands in accordance with plans approved by the Chief Building Official of the Purchaser; (b) Construct the access (the "Access") to the parking area from King Street East on the Excluded Area; (c) Construct the balance of the Excluded Area to the same standard as the parking lot on the Remaining Lands; (d) Complete all construction in accordance with the Purchaser's standards and permit officials of the Purchaser to enter upon the Excluded Area and Remaining Lands to inspect construction during daylight hours without notice. 11. The Purchaser covenants and agrees to grant: (a) a non-exclusive licence to Professional Building to use the Access for pedestrian and vehicular access from King Street East to the Remaining Lands; and (b) a non-exclusive licence to the Vendors to use the Access for construction and vehicular access from King Street East to the Abutting Lands if no other access is available and only until another access is available. 12. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who are hereby specifically authorized to do so. 13. This Agreement shall be read with all changes of gender or number required by the context. 14. Any Notice required to be served upon the Purchaser pursuant to the provisions of this Agreement shall be deemed to be good, valid and sufficient service upon the Purchaser if served personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario LlC 3A6 -5 - Attention: David Crome, Director of Planning Services Facsimile No. (905) 623-0830 and any notice required to be served upon the Vendors pursuant to the provisIOns of this Agreement shall be deemed to be good, valid and sufficient service upon the Vendors if served personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to: . Address and any notice required to be served upon Professional Building pursuant to the provisions of this Agreement shall be deemed to be good, valid and sufficient service upon the Vendors if served personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to: * Address or such other telefax number or address of which either party has notified the other party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms oftrus Agreement and iftelefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and statutory holidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above, then such notice shall be sent by an alternate means of transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. IN WI1NESS WHEREOF the parties hereto have executed this Agreement. SABINA INVESTMENTS INC. Per: Name: Title: Per: Name: Title: I/We have authority to bind the corporation ANKARA REAL TV LIMITED Name: Title: - 6- Per: Name: Title: Per: Name: Title: I/We have authority to bind the corporation THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON Per: Per: Name: Title: I/We have authority to bind the corporation THE BOWMANVILLE PROFESSIONAL BUILDING LIMITED Per: Name: Title: Per: Name: Title: I/We have authority to bind the corporation SCHEDULE "C" ADDITIONALLY, the Purchaser agrees with the Vendor to the following terms and conditions: I. This transaction is to be completed no later than 5:00 p.m. on the Closing Date, which date may be extended or amended by written agreement of the solicitors for the parties, and on which date vacant possession of the Property is to be given to the Purchaser. 2. This Agreement of Purchase and Sale may be executed in counterparts and delivery of an executed copy of same by each party to the other shall constitute complete offer and acceptance thereof. 3. The Purchase Price includes the fixtures now on the Property with the exception of the following fixtures or chattels which may be removed by the Vendor before the completion of this transaction: 4. The Vendor represents and warrants to the Purchaser that during the time the Vendor has owned the Property, the Vendor has not caused any building on the Property to be insulated with insulation containing ureaformaldehyde, and that to the best of the Vendor' 5 knowledge no building on the Property contains or has ever contained insulation that contains ureaformaldehyde. This warranty shall survive and not merge on the completion of this transaction. 5. Except as provided in paragraph 6 hereof, the Vendor shall discharge all encumbrances and restrictions registered against title to the Property at her expense on or before the completion of this transaction, 6. The Purchaser is to be allowed until five (5) days prior to the Closing Date (the "Requisition Date)') to examine. the title to the Property at her own expense and to satisfy itself that there are no outstanding orders or deficiency notices affecting the Property and that its present use may be lav.fully continued. The Vendor hereby consents to governmental agencies releasing to Purchaser details of all outstanding orders affecting the Property, The Vendor agrees to execute and deliver such further authorizations in this regard as Purchaser may reasonably require in this regard. 7. PROVIDED the title is good and free from all registered restrictions, charges, liens and encumbrances save and except for: (a) any registered restrictions or covenants that run with the land, provided that such are complied with; (b) any municipal agreements and registered agreements with publicly regulated utilities, providing such have been complied with or security has been posted to ensure compliance and completion as evidenced by letter from the relevant municipality or utility supplier; and (c) any minor easement for the supply of domestic utility or telephone services to the Property or adj acent properties. If on or before the Requisition Date any valid objection to title or to any outstanding work order or deficiency notice and which the Vendar is unable or unwilling to remove, remedy or satisfy and which Purchaser \vill not waive, this Agreement notwithstanding any intermediate acts or negotiations in respect of such objections, shall be at an end and all monies paid shall be returned with interest but without deduction by the Vendor to the Purchaser. Save as to any valid objection so made by such day and except for any objection going to the root of the title, the Purchaser shall be conclusively deemed to have accepted Vendor)s title to the Property. 8. The Purchaser shall be credited towards the Purchase Price with the amount, ifany, which it shall be necessary for the Purchaser to pay to the Minister of National Revenue in order to satisfy the Purchaser's liability in respect of tax payable by the Vendor under the non.residency provisions of the Income Tax Act by reason of this sale. The Purchaser shall not claim such credit if the Vendor 2 delivers on completion the prescribed certificate or the statutory declaration stating that the Vendor is not then a non-resident of Canada. 9. The Vendor shall deliver on completion of this transaction evidence of compliance of the transaction with the Family Law Act. R.S.O. 1990, c.F3, as amended. 10. Except as herein expressly provided, this Agreement shall extend to and be binding upon and enure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. II. If this transaction is subject to Goods and Services Tax (G.S.T.), then such tax shall be paid in addition to the Purchase Price. However, if the Purchaser provides to the Vendor, prior to the Closing Date, confirmation that the Purchaser is a registrant under the Excise Tax Act (Canada), including the Purchaser's registration number, together with an undertaking in a form reasonably acceptable to the Vendor to the effect that the Purchaser shall remit as required by the Act any G.S.T. payable in respect of the sale of the Property to the Purchaser and shall indemnify the Vendor in respect of any G.S.T. so payable, then the Purchaser shall not be required to remit to the Vendor G.S.T. on the Closing Date. 12. Ifrequested by Purchaser, Vendor will deliver any sketch or survey of the Property within Vendor's control to Purchaser as soon as possible and prior to the Requisition Date. If a discharge of any ChargelMortgage held by a corporation incorporated pursuant to the Trust and Loan Companies Act (Canada), Chartered Bank, Trust Company, Credit Union, Caisse Populaire or Insurance Company and which is not to be assumed by Purchaser on completion, is not available in registrable form on completion, Purchaser agrees to accept Vendor's lawyers personal undertaking to obtain, out of the closing funds, a discharge in registrable fonn and to register same on title within a reasonable period of time after completion, provided that on or before completion Vendor shall provide to Purchaser a mortgage statement prepared by the mortgagee setting out the balance required to obtain the discharge, together with a direction executed by Vendor directing payment to the mortgagee of the amount required to obtain the discharge out ofthe balance due on completion of this transaction. 13. The Property shall remain at the risk of the Vendor until the completion of this transaction. 14. The Vendor covenants that the Property will be in a clean condition immediately prior to the completion of this transaction. This covenant shall survive and not merge on the completion of this transaction. IS. This Agreement shall be effective to create an interest in the Property only if Vendor complies with the subdivision control provisions of the Planning Act by completion of this transaction, and Vendor covenants to proceed diligently at her expense to obtain any necessary consent by prior to the completion of this transaction. ] 6. A Transfer/Deed for the Property sball, save for the Land Transfer Tax Affidavit, be prepared in registrable form at the expense of the Purchaser. If requested by the Purchaser, Vendor covenants that the TransferlDeed to be delivered on completion shall contain the statements contemplated by Section 50(22) of the Planning Act, R.S.O. 1990, c.P.13, as anlended. 17. The Vendor and Purchaser covenant and agree to cause their respective solicitors to enter into a document registration agreement in the form adopted by the Joint LSUC-CBAO Committee on Electronic Registration of Title Documents on October 1, 2003 (the "DRA") to govern the electronic submission of the transfer/deeds for the Property to the applicable land registry offices ("Land Registryoffices'').111e DRA shall also provide that if there is a problem with the Teraviewelectronic registration system which does not allow the parties to electronically register a transfer/deed for the Property on Closing, the Closing Date shall be deemed to be extended until the next day when the said system is accessible and operating for the Land Registry offices applicable to the Property. 18. On the closing of the transaction, the Vendor shall provide to the Purchaser, the Purchaser's form of the following documents: a. Undertaking to Re-adjust 3 b. Section] 16 of the Income Tax Act/Family Law Act Affidavit c. Declaration of Possession d. Construction Lien Act affidavit 19, Any rents, mortgage interest, realty taxes including local improvement rates and unmetered public or private utility charges and unmetered cost of fuel, as applicable, shall be apportioned and allowed to the day of completion, the day of completion itself to be apportioned to Purchaser. 20. The Purchaser will pay to the Vendor's direction forthwith after receipt by the Purchaser of the written particulars of them, the Vendor's reasonable legal fees and disbursements to the date of execution by the last party to execute this Offer to Sell respecting the Vendor's solicitor's representation of the Vendor in connection with the proposed expropriation by the Purchaser of the Property, and negotiating and settling the terms of this Agreement. 2\. Time shall in all respects be of the essence hereof provided that the time for doing or completing of any matter provided for herein may be extended or abridged by an agreement in writing signed by Vendor and Purchaser or by their respective lawyers who are hereby specifically authorized to do so. 22. This Agreement shall be read with all changes of gender or number required by the context. 23. Any Notice required to be served by the Veoder upon the Purchaser pursuant to the provisions of this Agreement shall be deemed to be good, valid and sufficient service upon the Purchaser if served personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to: Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L1 C 3A6 Attention: David Cromet Director of Planning Services Facsimile No. (905) 623-0830 and any notice required to be served by the Purchaser upon the Vendor pursuant to the provisions of this Agreement shall be deemed to be good, valid and sufficient service upon the Vendor if served personally, mailed by pre-paid registered mail or sent by facsimile transmission addressed to: . Address or such other telef,,'( number or address of which either party has notified the other party in writing. Any such notice telefaxed or mailed or delivered shall be deemed good and sufficient notice under the terms of this Agreement and if telefaxed or delivered prior to 4:30 p.m. on any business day (excluding Saturdays, Sundays and slatutoryholidays) shall be deemed to have been received at the time of delivery or transmission and if mailed by pre-paid registered mail, it shall be deemed to have been received on the third business day (excluding Saturdays, Sundays and statutory holidays) following the mailing thereof. Notwithstanding the foregoing, in the event that it may be reasonably anticipated that due to Force Majeure any notice will not be received within the time limit set out above, then such notice shall be sent by an alternate means of transportation which it may reasonably be anticipated will cause the notice to be received reasonably expeditiously by the addressee. 24. For the purposes of this Agreement, the term "Force Majeure" means any delay for the duration of the delay which is imposed by reason of strikes, lockouts, riots, wars or acts of military authority, acts of public enemies, sabotage, epidemics, washouts, nuclear and radiation activity or fallouts, rebellion or civil commotion, fire or explosion; flood, wind, water, earthquakes or other casualty, or an Act of God and any act, omission or event whether of the kind herein enumerated or otherwise not within the control of the parties none of which has been caused by the deliberate default or act or omission by the parties and none of which has been avoidable by the exercise of reasonable effort or foresight by the parties. ATTACHMEN 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 Corporation of the former Town of Newcastle in accordance with application ZBA 2004-022 to permit medical clinic on the subject lands; 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 a new Section 16.5.47 as follows: "16.5.47 GENERAL COMMERCIAL EXCEPTION (C1-47) ZONE (1) Notwithstanding the provisions of 3.13(a), 3.16(a)(i), 3.16(e)(i), 3.22, 16.1, 16.3 (a)(i) and (iii) and 16.3(d) no person shall use any land or erect or use any building or structured located in a C1-47 except for a medical or dental clinic subject to the applicable provisions of the aforesaid By-law 84-63 are satisfied: a) Yard Requirements i) Front Yard a minimum of 1.5 metres and a maximum of 4.5 metres for a minimum 38 metres of the building ii) Exterior Side Yard a minimum of 1.5 metres and a maximum of 6.5 metres b) c) Building Height (maximum) 3 stories Parking Space Size (minimum) 5.2 m in length by 2.75 m in width provided that such space is perpendicular to a landscape open space after having a minimum width of 3.0 m d) Loading Space (minimum) 1 space e) Sight triangle (minimum) 5 metres by 5 metres f) Entrance separation from the boundary of a side yard lot line of a residentially zoned property, minimum 3.0 metres 2. 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, R.S.O. 1990. 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 Patti L. Barrie, Municipal Clerk This is Schedule "A" to By-law 2005- , passed this day of .2005 A.D. '" u o --' CD ~,""", CHVIi'CH SlHEFT r- II! l \ II I , i I I " ~ - . - i i' c , I ~ I t. ~ "i . , . ~' "-r KING SlHEFT EfST V///A ~ I" " ,,] Zoning Change From "C1-30" To "C1-47" Zoning Change From "(H)C1-30' To "C1-47" Zoning Change From "(H)R3" To "C1-47" John Mutton, Moyor Petti L. Berrie, Municipal Clerk ~ t ~ r~ / f f STREET EAST I ~~ . ..eBBS """ j ::'i ~Fa 111111111111111/7'--.. rfjJ.