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Home My WebLink About09/26/2005 ~ QtgilJgton DATE: MONDAY, SEPTEMBER 26,2005 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 September 12, 2005 PUBLIC MEETING In accordance with section 34(2) of the Municipal Act, 2001, a public meeting is being held to hear concerns and comments with respect to the Municipality's by-law to stop up and close a portion of a road allowance (Scugog Road) and to authorize the conveyance of Parts 1, 2 and 3 on an unregistered 40R-Plan to Highmark Homes "'" DELEGATIONS a) Doug Morse - Report PSD-111-05 (Item #1 of Report #1) b) Janet Ralston - Report PSD-111-05 (Item #1 of Report #1) COMMUNICATIONS Receive for Information 1-1 M. de Rond, Clerk, Town of Ajax - Election of the Chair of the Regional Municipality of Durham I - 2 Julian Fantino, Commissioner of Emergency Management, Ministry of Community Safety and Correctional Services - Self-Deploying Staff to assist Hurricane Katrina 1-3 John O'Toole, MPP, Durham - Abandoned Tires I - 4 Veridian Corporation - Hurricane Katrina "'" I - 5 Cheryl MacLeod, Executive Director, Hospice Durham - Annual Report CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Council Agenda - 2 - September 26, 2005 ...... 1-6 John R. O'Toole, MPP, Durham - GTA/905 Healthcare Alliance I - 7 Federation of Canadian Municipalities - Canadian Red Cross Suggestions to assist with Hurricane Katrina 1-8 P,M. Madill, Regional Clerk, Region of Durham - Choosing a Way Forward - The Future Management of Canada's Used Nuclear Fuel I - 9 Reverend Christopher Greaves, Incumbent priest and pastor of St. John's Anglican Church, Bowmanville - Thank You Letter 1-10 Debbe Crandall, Executive Director, STORM Coalition - Monitoring the Moraine (MTM) Project I - 11 Kim Coates, Clerk, Township of Scugog - Severance of Non-Agricultural Rural Parcels - Relocation of Heritage Structures I - 12 Minutes of the Clarington Museums and Archives Board Meeting dated September 14, 2005 I - 13 Minutes of the Local Architectural Conservation Advisory Committee meeting dated June 21, 2005 ...... 1-14 Doug Rosser, Chair, Sport Alliance of Ontario - Ontario's Games Correspondence For Direction D - 1 Sally Barrie, Administrator, Community Care Durham Clarington - Community Support Month D - 2 Paul Moist, National President, CUPE SCFP - Communities Day D - 3 Edith Hopkins, CEO, Clarington Public Library - Canadian Library Week D - 4 Township of North Frontenac - Minimum Capital Program Funding Thresholds D - 5 Brain Seaton, Project Manager, Hampton Citizen's Association - Hampton Pond Recovery Project D - 6 Barb Hiff, Executive Director, Distress Centre Durham - Requesting Financial Assistance D - 7 City of Hamilton - Investment to Support Rural and Agricultural Communities ...... D - 8 Confidential Correspondence - Property Matter '- - ....... Council Agenda - 3 - September 26, 2005 MOTION NOTICE OF MOTION REPORTS . 1. General Purpose and Administration Committee Report of September 19, 2005 2. Report CLD-037-05 - Appointment of Parking Enforcement Officer - Kim Birkett 3, Confidential verbal report from the Chief Administrative Officer regarding a Property Matter UNFINISHED BUSINESS OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT Council Meeting Minutes September 12, 2005 Minutes of a regular meeting of Council held on September 12, 2005, at 7:00 p,m" in the Council Chambers. " Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D, MacArthur Councillor P. Ping Ie Councillor G, Robinson Councillor J. Schell Councillor C, Trim Chief Administrative Officer, F, Wu Director of Engineering Services, T, Cannella (attended until 8:40 p,m.) Director of Community Services, J. Caruana (attended until 8:40 p,m,) Director of Planning Services, D, Crome (attended until 8:40 p,m,) Solicitor, D, Hefferon (attended until 8:47 p,m,) , Director of Operations, F, Horvath (attended until 8:40 p,m,) Director of Corporate Services, M. Marano (attended until 8:40 p,m.) Director of FinancelTreasurer, N, Taylor (attended until 8:40 p.m,) Director of Emergency Services, G. Weir (attended until 8:40 p.m.) , Administrative Assistant to the Clerk, H, Keyzers (attended until 8:40 p,m.) Municipal Clerk, p, Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting, MINUTES Resolution #C-366-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on June 27, 2005, be approved, "CARRIED" Council Meeting Minute~ -2- September 12, 2005 MINUTES Resolution #C-367-05 Moved by Couricillor'Foster, seconded by Councillor MacArthur , THAT the minutes of a special meeting of Council held on July 15, 2005, be approved, "CARRIED" DELEGATIONS, Resolution #C-368-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Ron Hooper be added to the list of delegations, "CARRIED" Darren Mills was c\llled but was not present. Joe Savona, appeared before Council regarding Report CLD-029-05, Mr, Savona advised that he is a Canada Post letter carrier and that he was delivering mail to a resident on Saunders Avenue when a dog came up behind him and bit him, After speaking with his supervisor he proceeded to the hospital and a doctor advised him that he had received two puncture marks on his back, Mr. Savona reported the incident to the Anir:nal Services Department. Vincent Hendricks, appeared before Council regarding Report CLD-030-05, Mr, Hendricks advised that his dog Happy was the subject of this report, He noted that he circulated written submissions prior to the meeting and that he hoped Council had the opportunity to read them, Mr. Hendricks stated that his dog was being looked after by a neighbour of his while he was on holidays and that he was informed of the incident when he returned, The night of the incident Mr. Hendricks' dog and another dog were restrained by chains outside. The other dog pulled his chain out of the ground and attacked Happy, Mr. MacKinnon, who was visiting at the time, tried to separate the two dogs and was bitten. Mr. Hendricks is requesting that the Order to Restrain be withdrawn due to the fact that muzzling his dog is somewhat excessive and that this is the first time Happy has ever bitten. Joey MacKinnon was called but was not present. Council Meeting Minutes .3. September 12, 2005 DELEGATIONS Robert McLachlan, was called but was not present. Vanessa Hill, appeared before Council regarding Report CLD-031-05. Ms, Hill stated that the details,that Mr, McLachlan has given are very different then what actually occurred, Ms,Hill's son was playing on the greenbelt behind Mr. McLachlan's property along with other children, Mr. McLachlan's son stated that his dog was going to eat them and at this point Mr. McLachlan Came outside along with his dog. Report CLD-031-05,states that Ms, Hill's son did not [equire stitches which is not completely true, When they spoke to a doctor the doctor stated that the wound should be kept open and that it would take a year for the skin to cover over it. Ms, Hill stated that Mr, McLachlan showed no remorse and that he never apologized, She stated that the dog should be muzzled if Mr, McLachlan cannot control it. Steve Harding and Christine Harding, appeared before Council regarding Report CLD-032-05, Mr. Harding noted his regret for the unfortunate incident which took place, He showed a sketch of the location of the occurrence and described the scenario to Council. He does not believe that the dog acted in a vicious manner but rather was startled by the child, Mr, Harding requested that the Order be withdrawn, Kim and Geoff Laird, appeared before Council regarding Report CLD-032-05. Mrs, Laird circulated pictures of their daughter taken following the attack and explained the circumstances of the situation, Mrs, Laird is requesting that Council uphold the Order to Restrain, Michael Batson was called but was not present. Ron Hooper appeared before Council requesting that the regular bus service in Bowmanville be provided free of charge on Saturday, October 15, 2005, for the Annual Apple Festival and Craft Sale. This service will alleviate both the traffic and parking problems which occur in the downtown area. REPORTS Resolution #C-369-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the agenda be altered to consider Reports #2, #3, #4 and #5 at this time, "CARRIED" -4- September 12, 2005 Council Meeting Minutes REPORTS Report #2 - Order to Restrain - Mills Resolution #C-370-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report CLD-029-05 be received; THAT the Order to Restrain served on Darren Mills be upheld; and THAT Darren Mills and Joe Savona be advised of Council's decision. "CARRIED" Report #3 - Order to Restrain - Hendricks Resolution #C-371-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT Report CLD-030-05 be received; THAT the Order to Restrain serviced on Vincent Hendricks be withdrawn; and THAT Vincent Hendricks and Joey MacKinnon be advised of Council's decision. "CARRIED" Report #4 - Order to Restrain - McLachlan Resolution #C-372-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report CLD-031-05 be received; THAT the Order to Restrain served on Robert McLachlan be upheld; and THAT Robert McLachlan and Vanessa Hill be advised of Council's decision. "CARRIED" .. Council Meeting Minutes -5- September 12, 2005 REPORTS Report #5 - Order to Restrain - Harding Resolution #C-373-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CLD-032-05 be received; THAT the Order to Restrain served on Steve Harding ,and Christine Harding be upheld, with the exception of the requirement to have the dog permanently identified by microchip implantation; and THAT Steve Harding, Christine Harding, Kim Laird and Geoff Laird be advised of Council's decision, ' "SEE FOLLOWING MOTION" Resolution #C-374-05 Moved by Councillor Pingle, seconded by Councillor Trim THAT the foregoing resolution #C-373-05 be amended by adding the following paragraph: "THAT the Order to Restrain served on Steve Harding and Christine Harding be in place for a six-month period." "MOTION LOST" Resolution #C-373-05 was then put to a vote and "CARRIED", Resolution #C-375-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Council recess for 10 minutes. CARRIED The meeting reconvened at 8:10 p.m. -6- Council Meeting Minute.s COMMUNICATIONS Resolution #C-376-05 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda with th~ exception of Items 1- 17, 1-19 and 1- 29, I - 1 C06.NE 1-2 C06,CL 1-3 C06,CL 1-4 M02,GE 1-5 H10,GE 1-6 C06,NE 1-7 C06.NE September 12, 2005 "CARRIED" , . Minutes of the Newcastle Community Hall Board dated June 21, 2005, Minutes of the Clarington Traffic Management Advisory Committee Meeting dated May 19, 2005, Minutes of the Central Lake Ontario Conservation Authority Meeting dated June 21, 2005, Fredand Sandy Archibald, Archibald Orchards & Estate Winery Ltd" thanking Council for supporting the 6th Annual Fruit Wine and Food Festival. In addition to promoting several agricultural commodities and restauranUcatering businesses, the Festival has generated spin off to other local businesses in the community, raises funds for Big Brothers & Sisters of Clarington and re-kindles Clarington's Community Spirit. Fred,erick Biro, Board Chair, OMERS, advising Council that OMERS will be conducting a technical review of Bill 206, An Act to revise the Ontario Municipal Employees Retirement System Act, to identify any issues that affect their ability to manage the Plan in the best interests of Plan members, They are also preparing a report for submission to the Ministry of Municipal Affairs and Housing dealing with these technical issues through a c1ause-by-clause analysis, Mr. Biro clarifies that Bill 206 was drafted and introduced into the legislative process by the Government of Ontario, Minutes of the Santa Claus Parade Meeting dated November 29, 2004, Minutes of the Santa Claus Parade Meeting dated March 7, 2005, -7- Council Meeting, Minutes COMMUNICATIONS 1- 8 E05,GE 1-9 C10,MO 1- 10 L 11,GE September 12, 2005 Sarah Terman, AlSection Head, VOC Control Section, Environment Canada, advising Council that Environment Canada is proposing to hold a one-day face-to~face meeting with manufacturers and end-users of traffic r,narking coatings, and other interested stakeholders to: . 'Enhance awareness of the federal initiative to reduce emissions 'of VOCs from architectural and industrial maintenance (AIM) coatings; . Exchange information on the manufacture and end-use of traffic marking coatings; and . Obtain feedback from stakeholders on the proposed VOC content limit and an implementation date for traffic marking coatings, P,M. Madill, Regional Clerk, Region of Durham, writing to the City of Oshawa, advising that the Council of the Region of Durham on June 29, 2005, passed the following resolution: "a) THAT the proposed Region of Durham Biosolids Master Plan (Executive Summary provided as Attachment #1 to Report No, 2005-J-15) recommendation of providing additional incineration capacity at the Duffin Creek WPCP for biosolids management capacity be approved; b) THAT the proposed Region of Durham Septage Management Strategy (Executive Summary provided as Attachment #2 to Report No. 2005-J-15) recommendation of upgrading the existing septage receiving facilities plus the installation of a septage receiving station at Lake Simcoe WPCP to serve the northern municipalities be approved; c) THAT the Works and Finance staff review and recommend septage rates annually in the Water Supply and Sanitary Sewerage User Rate Report; and d) THAT copies of the Biosoilds Master Plan and Septage Management Strategy be forwarded to the local area municipalities in the Region of Durham," John R. O'Toole, MPP, Durham, providing Council with a copy of Ontario's Minister of Municipal Affairs and Housing correspondence advising that he has forwarded Mr. O'Toole's letter regarding the Occupiers Liability Act to the attention of the Attorney General and the Minister of Tourism and Recreation. -8- Council Meeting Minutes COMMUNICATIONS I - 11 C06,DU 1- 12 C06,SA 1-13 C06,CL 1-14 T08,GE 1-15 C07,GE 1-16 E06.vE 1-18 A01.FE 1- 20 A01.FE September 12, 2005 Minutes of the Durham Nuclear Health Committee Meeting dated June 17, 2005. ' Minutes of the Samuel Wilmot Nature Area Management Advisory Committee Meeting dated June 14, 2005,. Minutes of the Clarington Accessibility Advisory Committee Meeting dated June 1, 2005, P,M, Madill, Regional Clerk, Region of Durham, writing to the City of Oshawa, advising that the Region of Durham on June 29, 2005, passed the following resolution regarding the Region of Durham Road Rehabilitation Program: "THAT a copy of Report No, 2005-W-86 of the Commissioner of Works be circulated to each of the Area Municipalities for their information," Joe Dickson, Councillor Ward 2, Town of Ajax, advising Council the he' believes that the Region of Durham should be the master of its own destiny and not be mandated by, or dictated to by, the Province regarding direct election of the Durham Regional Chair. Mr. Dickson has every confidence in the Region and its elected representatives to continue to grow with self-government. Michael Angemeer, President and CEO, Veridian Corporation, providing Council with a copy of Veridian's 2004 Annual Report, Michael Coleman, President, Federation of Canadian Municipalities (FCM), advising Council that the House of Commons has adjourned for the summer, having adopted both budget bills and taking us one step closer to the goal of FCM's campaign for cities and communities: to receive a new venue stream for a share of the federal gas tax. Roger Anderson, President, Association of Municipalities of Ontario (AMO), writing to Mayor Gordon Krantz and Members of Council, Town of Milton, advising that he has received a copy of the resolution passed by Milton Council on June 27, 2005, on the allocation of federal gas tax revenues and the staff report of June 22, 2005, AMO is focusing their efforts in two key areas, First, they are putting in place the necessary elements so funds can flow to municipalities. Second, they are endeavouring to secure federal gas tax revenue sharing as a permanent feature of the federal-municipal fiscal landscape in Ontario, In negotiating the agreement on the allocation of federal gas tax revenue for municipalities, they focused on the elements of the deal that they could influence, and they are very pleased with the results. Council Meeting, Minutes -9. September 12, 2005 COMMUNICATIONS 1-21 E05,GE 1-22 M04.GE 1-23 SOO,GE 1-24 E05.GE 1-25 L 11.GE Key wins for Ontario municipalities include: an entitlement-based allocation rather than an application-based process; the ability to bank funds for up to three years; the ability to use gas tax funds for debt financipg; flexibility to use gas tax funds as part of the municipal contribution to other federally funded projects; the ability to invest gas tax funds on road and bridge projects; and, most importantly, a fair and equitable allocation formula based on population, Tom Barrie, Chair, Agricultural Advisory Committee of Clarington, writing to EBR Coordinator, Strategic Policy Branch, advising that the Nutrient Management Regulations were posted to the EBR site on June 24, 2005, with written submissions due by July 24,2005. This is the busiest season for farmers and they will be the most impacted. In his opinion, theder:nonstrated need for regulation of most farmers is questionable, The continued top-down management approach by the Provincial government is not assisting farmers with the day-to-day realities of running a small (or sometimes large) corporation, Noel and Melinda Pitney, advising .council that their son attended the Junior Firefighter Program from July 25 to July 29, 2005, and notes that this program was thoroughly enjoyable, educational and interesting, Lakeridge Health, advising Council that three members have been appointed to the Expert Panel. The appointees bring with them a wide variety of knowledge and hands on experience in healthcare and other related fields. They will advise Lakeridge Health on strategies to restore its long-term financial health and sustainability while maintaining and strengthening access to necessary, quality patient services for all of its communities, The three panel members are Mr. John Reid (Chair), Sister Elizabeth Davis and Ms, Ruth Robinson. Murray Elston, President and CEO, Canadian Nuclear Association, providing Council with a copy of the report 'World Energy: The Past and Possible Futures", Association of Municipalities of Ontario (AMO), advising Council that Minister Mary Ann Chambers announced that the Province would not require any municipal cost sharing on the program coming out of the recent federal-provincial Agreement and the 2003 Multilateral Framework on Early Learning and Child Care for the duration of the two agreements, AMO cautioned with the potential fiscal impacts would be for municipal governments and their property taxpayers, should the federal-provincial Agreement not be extended, The cost avoidance for municipalities is estimated to be more than $208 million through to 2009/10 for both Agreements, -10- Council Meeting Minutes COMMUNICATIONS 1-26 S04,GE 1-27 SOO,GE 1-28 P15.GE 1-30 A01,GE 1- 31 P09,MO September 12, 2005 The Minister has accepted AMO's offer to work with its Task Force 0(;1 making sure the implementation is effective and smooth and contributing to its evaluation. ' Vicky Visca, Executive Director, Durham Family Court Clinic, providing Council with a copy of their Annual Report. Lakeridge Health, advising Council that Brian Lemon, CEO of Lakeridge Health Corporation and Hume Martin, CEO of Rouge Valle'y Health System announced their decision to make the appointment of two jOirit vice presidents a permanent arrangement. The decision follows an evaluation of the pilot project that included a.survey of staff'at both organizations. Most respondents were extremely supportive of the arrangement, pointing out the ability to share best practices and achieve efficiencies and cost savings, Some concerns were expressed about the need to bolster the remaining management structures in HR and Finance at both organizations, an issue that will be examined as the arrangement becomes permanent. Jeff Marshall, Government Relations Specialist, CAA South Central Ontario, advising Council that CAA Mid-West, CAA South Central and CAA Central Ontario merged to become CAA South Central Ontario. The new club represents 1,6 million members and employs over 1100 associates throughout its territory, CAA South Central Ontario looks forward to working with us to make our community's roads a safer place for motorists, pedestrians and bicyclists, Karen Campbell, President and CEO, Greater Toronto Marketing Alliance, providing Council with a copy of their report titled "One Strong Message for the World". John R. O'Toole, MPP, Durham, providing Council with a copy of a letter from the Honourable David Caplan, Minister of Public Infrastructure Renewal regarding inquiries made to the provincial government about funding assistance for the Municipality of Clarington to host a future NASCAR event at Mosport. Minister Caplan writes that the Ontario Strategic Infrastructure Financing Authority loan program will be broadened to provide loans for municipal culture, tourism and recreation projects, Council Meeting Minutes -11- September 12, 2005 COMMUNICATIONS I ~32 SOO.GE 1:- 33 M02,GE 1-34 P14,GE 1-35 C06.GA 1-36 R01,GE Lakeridge Health, advising Council that Marion Saunders, Chair of the Board of Trustees is very pleased with the results o.f the first installment of the Hospital Report 2005 produced by the Ministry of Health and" ' Long-Term Care and the Ontario Hospital Association. The provincial report gives a positive picture of the programs and services provided through Lakeridge Health's rehabilitation program. Roger Anderson, Regional Chair, advising Council that the 9th annual Durham Region Chairman's Charity Classic raised $359,000 for Durham College, the University of Ontario Instit!1te of Technology 8l1d Junior Achievement of Durham Region, Beverly Stevenson, Nlnformation Officer, Rabies Research Ministry of Natural Resources and Development Unit, advising Council that'the province has started its annual wildlife rabies control operations for 2005, Ontario's programs are so successful that broad areas of southern Ontario are free of fox and raccoon rabies. The province uses a number of control measures in the fight against the deadly rabies virus: . control measures at the point of infection (starting in early spring) . trap-vaccinate-release program (from July 1 to October 31); and . widespread aerial vaccine baiting (starting in August in southeastern Ontario and in September in southwestern Ontario), Minutes of the Ganaraska Region Conservation Authority meeting dated June 16, 2005. Paul Jones, Town Clerk, Town of Whitby, writing to the Regional Municipality of Durham, advising that the Town of Whitby on July 11, 2005, passed the following resolution: "1, THAT Council adopt a by-law, in the form attached as Appendix 1, to implement a Heritage Property Tax Rebate Program effective January 15\ 2005, under the provision of Section 365.2 of the Municipal Act, 2001 to provide tax relief for eligible heritage properties as defined in the Act and the municipal by-law; 2, THAT a copy of this by-law be sent by the Clerk to the other municipalities in the Region of Durham and the Ontario Minister of Finance; and, -12. Council Meeting Minute~ COMMUNICATIONS 1-37 C06,CL 1-38 P01,HU 1- 39 M02.GE 1-40 D02,OA 1-41 A01,GE 1-42 1-43 E05,GE September 12, 2005 3, THAT a copy of this by-law be sent by the Clerk to the other municipalities in the Region of Durham and the Ontario Minister of Finance," , Minutes of the Clarington Olde[ Adult Association meeting dated ,July 11, 2005. The Honourable David Ramsay, Minister of Natural Resources, thanking Council for considering the proposal to allow gun hunting on Sunday within the Municipality of Clarington, It has been noted that Council was not in favour of the proposal and, as such, should Sunday gun hunting be expanded in southern Ontario, it would not apply to the Municipality of Clarington. Connie Vail, Public Health Nurse, Regional Municipality of Durham, for Durham Region ATV Safety Coalition, thanking Council along with Tony Cannella and Jenny Bilenduke of the Engineering Services Department for helping at ATV Safety Day. Stewart Hilts, University of Guelph and Kim Gavine, Oak Ridges Moraine Foundation, providing Council with a copy of 'Caring for Your Land: A Stewardship Handbook for Oak Ridges Moraine Landowners', Susan Fennell, Mayor, City of Brampton, providing Council with a copy of Brampton's Annual Report for 2004, Ministry of Municipal Affairs and Housing, advising Council that the province's rent increase guidelines for 2006 have been released, The 2006 guideline will be 2,1 percent. The annual guideline is the maximum amount that most landlords can increase a tenant's rent without making an application to the Ontario Rental Housing Tribunal. The 2006 guideline is effective from January 1, 2006 to December 31, 2006, Douglas Speers, President and CEO, Emco Corporation, Chair, CIPEC Executive Board, providing Council with a copy of the Canadian Industry Program for Energy Conservation's 2003/2004 Annual Report: The Measure of Success - For Thirty Years, Council Meeting Minutes -13- September 12, 2005. COMMUNICATIONS 1-44 M02,GE 1-45 M04,GE 1-46 C06,AN 1-47 E04,GE 1-48 L 11.GE 1-49 M02.GE 1- 50 E06,GE 1- 51 A01,GE I-52 A16,GE Communities in Bloom, requesting Council to participate in the 2005 National Symposium and Awards Celebrations to be held in Saskatoon, SK from September 21 to 24, 2005, The event is an excellent opportunity to learn about the National Edition and to network with municipalities from throughout Canada along with guests from the United,' States, Japan and Europe. , Ki"ista and Corey Barr and Family, thanking the Emergency and Fire Services for the opportunity and privilege of allowing their boys to attend the Clarington Junior Firefighters Program from August 8 - 12, 2005. All .of the Junior Firefighter Instructors and Mr. William Reid were nothing short of fantastic in everything they taught their boys, The "hands-on" demonstrations and games were amazing and a ton of fun, Minutes of the Animal Advisory Committee meeting dated May 11, 2005, York Region providing Council with a copy of the Duffin Creek Water Pollution Control Plan (WPCP) Class Environmental Assessment Study, David Sterrett, President, The Ontario Aggregate Resources Corporation, providing Council with a copy of their 2004 Annual Report. Ron Locke, Secretary, The Lions Club of Newcastle, thanking Fred Horvath, Director of Operations and his staff for all the work that was done on the Lions Trail in the Village of Newcastle. Jim MacDougall, Manager, Market Management Compliance Office, Ontario Energy Board, writing to Michael Angemeer, CEO, Veridian Connections, regarding power outages, Community of Bowmanville, Mr. MacDougall encourages both Veridian and Hydro One to continue to work cooperatively in an effort to reach a satisfactory resolution, Danielle Tassie, Coordinator, Large Woodlands Conservation Cooperative, inviting Council to attend the third workshop of the year on Seed Collecting on Sunday, October 2, 2005, at the Gararaska Forest Centre, Governments of Canada and Ontario, advising Council that they have allocated $402 million to municipalities as a first wave of funding under the new $602 million Canada-Ontario Affordable Housing Program, This allocation will produce 5,320 new units of affordable housing, and provide rent subsidies for up to 5,000 lower-income households. Council Meeting Minutes -14- September 12, 2005 COMMUNICATIONS I-53 1- 17 P09.L1 Leona Dombrowsky, Minister of Agriculture, Food and Rural Affairs, .. providing Council with a copy of their brochure entitled "So.... you're moving to the country". The message is simple - rural Ontario is more than just a pretty place; it is also home to the province's 5500 farm businesses. Andrew Brandt, Chair and Chief Executive Officer, LCBO, advising that he will be reviewing the material sent from ,the planning department and will consider the development of a LCBO store in Courtice 'during their next marketplace review. ' Resolution #C-377-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 17 be received for information. 1- 19 SOO,GE "CARRIED" Marilyn Pearce, Mayor, Township of Scugog, writing to The Honourable George Smitherman, Minister of Health and Long-Term Care, requesting Ministerial Operational Review of Lakeridge Health Corporation. More and more it seems that there is a move to cut programs at Lakeridge Health Port Perry to meet Multi-Site Financial Deficits. The community is concerned that the "critical mass" needed to keep a hospital open is being compromised and as a result very shortly they will hear there is not enough capacity of justify the need for a hospital. Ms. Pearce notes that the following issues should be reviewed: 1. An analysis of how the Hospital Corporation functions including accountability to the public, openness of meetings, sharing of information, election of Board of Directors, need for and use of membership fees. 2. The use of the additional funds forwarded in January of 2005 to Lakeridge Health to "level the playing field for small rural hospitals" and a determination of whether those funds were spent on reaching that goal. 3. Review what is required to ensure "critical mass" of services are being met in a rural hospital, especially those in Multi-Site Urban Corporations. Moved by Councillor MacArthur, seconded by Councillor Schell .' Council Meeting Minutes -15- September 12, 2005 COMMUNICATIONS Resolution #C-378-05 THAT the position of the Township of Scugog regarding Ministerial Operational Review of Lakeridge Health Corporation be endorsed by the Council of the Municipality of Clarington. "CARRIED" 1-29 M02.GE Bruce Townley, Chair, Canada Day Committee, Rotary Club of Courtice, thanking Council for supporting their inaugural Canada Day in Clarington event. ' Resolution #C-379-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 29 be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Correspondence Item D - 24 was distributed as a handout. Resolution #C-380-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D -1, D - 8 and D -12 to D - 24, inclusive. "CARRIED" D-2 M02.GE Jean Graham, Chairperson, The Lions Club of Newcastle, requesting permission to hold a Walk For Dog Guides. All proceeds from the Walk will be donated to Lions Foundation of Canada Dog Guides. The Walk is 10 km through Newcastle on Saturday, October 1, 2005. The starting time will be 9:00 a.m. at the Community Hall. (Approved provided organizers apply for and obtain a road occupancy permit from the Engineering Services Department) .16- Council Meeting Minutes September 12, 2005 COMMUNICATIONS D - 3 Robert Macisaac, Mayor, City of Burlington, requesting Council to M02.GE 'declare ttle month of September as Big Brothers and Sisters Month in Canada. D-4 M02.GE D-5 M02.GE D-6 M02.GE D-7 M02.GE D-9 M02.GE (Proclaimed) Sid Ryan, President, Canadian Union of Public Employees (CUPE) and , Shellie Bird, President, Ontario Coalition for Better Child Care (OCBCC), requesting Council to declare October'26, 2005, as Child Care Worker and Early Childhood Educator Appreciation Day. They are also requesting Council to provide financial support for public announcements. (Proclaimed) Kelly White, Public Health Nurse, Durham Region Health Department, requesting Council to proclaim the October 5 as International Walk to School Day. International Walk to School Day was established to encourage children and parents to become more physically active, increase safe walking routes to school and promote cleaner air in our communities. (Proclaimed) Joe Volpe, Minister of Citizenship and Immigration, requesting Council to proclaim October 17 - 23,2005, as Citizenship Week. (Proclaimed) Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington, requesting Council to proclaim September 2005 as Mentoring Month. Ms. Baker notes that they have purchased two new flags that they wish to have flying for the month of September at the town hall in Bowmanville and at the Courtice Community Complex. (Proclaimed and permission granted to fly the Big Brothers & Sisters of Clarington's flag at the Municipal Administrative Centre and the Courtice Community Complex) The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage Foundation, requesting Council to participate in the Ontario Heritage Foundation's Heritage Community Recognition Program for 2005. The nomination deadline is Tuesday, October 18, 2005. (Correspondence referred to the Municipal Clerk for an ad to be placed in the local newspapers) Council Meeting Minutes -17- September 12, 2005 COMMUNICATIONS D -10 P01.GE D - 11 E05.GE D - 1 M04.GE MariQ Veltri, President, Veltri and Sons Limited, writing to Council with various concerns related to the weekend enforcement of the Sign By-law , and Road Occupancy By-law. ' I " (Correspondence referred to the Municipal Clerk) Heather Ceranowicz, requesting Council to restrict the use of pesticides , dn private properties in Clarington. (Correspondence referred to the Director of Operations) Mark Foster, Kendal Eagles Baseball Club, advising Council that they are in support of the recommendation to have lights installed at Harvey Jackson Park in Kendal. Harvey Jackson Memorial Park is known around the league as one of the nicest ball diamonds. All people associated with the park take great pride in keeping it looking its finest at all times. Lights would add an evening atmosphere that has never been available to them in the past. Resolution #C-381-05 Moved by Councillor Ping Ie, seconded by Councillor Robinson THAT Correspondence Item D - 1 be referred to the Director of Engineering Services. D-8 T08.GE "CARRIED" David Brown, Chair, Mississauga Traffic Safety Council, City of Mississauga, Corporate Services Department, advising Council that the City of Mississauga on August 10, 2005, adopted Traffic Safety Council Recommendation TSC-0132-2005 regarding Bil/169, the Transportation Statute Law Amendment Act, 2005, Section 27(3) which amends Section 176(3) of the Highway Traffic Act, RSO 1990 to state that 'Where a school crossing guard displays a school crossing stop sign as provided in subsection (2), the driver of any vehicle or street car approaching the school crossing guard shall stop before reaching the crossing and shall remain stopped until all the children and the school crossing guard have cleared 'the half of the roadway upon which the vehicle or street car is travelling and it is safe to proceed." Concem has been expressed by the City of Mississauga to the Minister of Transportation regarding the wording in this section, in that it is felt that crossing guards are at risk of being struck down by motorists after crossing school children and returning to his/her place of origin at the curb. This could also apply to a child who may change his/her mind and either cross the road too late or decide to return to the curb. Council Meeting Minutes -18- September 12, 2005 COMMUNICATIONS Resolution #C-382-05 .. Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the resolution from the City of Mississauga regarding Bil/169, The Transportation Statute Law Amendment Act, 2005, be endorsed by the Council of the Municipality of Clarington. "CARRIED" D - 12 M02.GE J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority, seeking norninations for the 2005 Central Lake Ontario Conservation Watershed Awards. The deadline to receive nominations is September 19, 2005. Resolution #C-383-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 12 be referred to the Director of Planning Services to forward nominations for the 2005 Central Lake Ontario Conservation Watershed Awards. "CARRIED" D - 13 C10.MO Shelly van Empel, Legislative Administrator, Executive Services Department, Town of Milton, advising Council that the Town of Milton on June 27,2005, passed the following resolution: "THAT the report on the new Federal Gas Tax program be received for information; AND THAT Milton Council requests reconsideration of the distribution method of the program to better reflect today's population in Milton; AND THAT Milton staff work with the Region of Halton and Halton area municipalities in reviewing the gas tax distribution method; AND THAT a copy of this report be circulated to Mr. John Godfrey, Minister of State (Infrastructure and Communities); Mr. Gary Carr, MP; Mr. Ted Chudleigh, MPP; Mr. Roger Anderson, President of AMO; Mr. Greg Sorbara, Minister of Finance and to all municipalities in the GTA." Council Meeting Minutes -19- September 12, 2005 COMMUNICATIONS Resolution #C-384-05 Moved by Councillor Trim, seconded by Councillor Foster " THAT correspondence Item D - 13 be received for information. D - 14 C10.MO "CARRIED" Martha A. Pettit, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to The Honourable John Ferguson Godfrey, Minister of State' (Infrastructure and Communities), advising that the Town of Ajax on July 7, 2005; passed the following resolution: ''THAT .the Town of Ajax endorse the resolution of the Town of Milton urging the Government of Canada to reconsider the gas tax distribution method to better reflect current populations." Resolution #C-385-05 Moved by Councill~r Schell, seconded by Councillor Trim THAT Correspondence Item D - 14 be received for information. D -15 C10.MO "CARRIED" Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax, writing to The Right Honourable Paul Martin, Prime Minister, Honourable Dalton McGuinty, Premier and Roger Anderson, President, Association of Municipalities of Ontario, advising that the Town of Ajax onJune 27, 2005, passed the following resolution: 'WHEREAS the Federal Government of Canada has made municipalities exempt from the GST (General Sales Tax) with significant Ajax savings, and; WHEREAS the Province of Ontario gave royal assent to a memorandum of understanding, with AMO which gives AMO and invited municipalities a seat at the provincial table recognizing municipalities as a "mature order of government," and; WHEREAS the Province has implemented the 2 cent per litre gas tax contribution, for municipalities with transit; and; Council Meeting Minutes -20- September 12, 2005 COMMUNICATIONS WHEREAS the Province of Ontario, Canada has made a place at the table with the signing of the new deal with cities and municipalities; and; WHEREAS the Federal Government of Canada is instituting a 5 cent per litre gas tax contribution to municipalities for environmentally sustainable infrastructure in the form of annual per capita funding of $19 per capita in year one (1) rising to $65 per capita in 5 years. This item alone will donate $6 million to Ajax; and WHEREAS a further 1 cent per litre gas tax contribution, is pending for transit improvements only, including the reduction of air pollution by the federal government and; , WHEREAS AMO's President Roger Anderson and the AMO Board arranged for per capita funding on the 5 cent per litre contribution benefiting all Ontario municipalities; THAT it hereby be resolved that the Mayor and Council of the Town of ' Ajax forward congratulations and thanks in the form of this resolution to AMO, the Provincial Government of Ontario and the Federal Government of Canada; AND FURTHER THAT copies also be sent to the elected MP's in Durham, the elected MPP's in Durham and the mayors in the Region of Durham." Resolution #C-386-05 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D -15 be received for information. "CARRIED" D -16 C10.MO J.D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan on June 27, 2005, passed the following resolution: 'WHEREAS the City of Toronto has requested the Province of Ontario amend the City of Toronto Act; WHEREAS the City of Toronto is requesting that the Province provide the City with more authority and autonomy to address local issues; Council Meeting Minutes -21- September 12; 2005 COMMUNICATIONS WHEREAS the City of Toronto is requesting greater autHority with' respect to generating revenues; WHEREAS GTA municipalities have previously requested that the requirement for GTA municipalities to send locally collected tax dollars to assist the City of Toronto ("GT A Pooling") be discontinued; WHEREAS the province has indicated that they will be introducing new legislation to address Toronto's concerns this fall; NOW THEREFORE BE IT RESOLVED that GTA Pooling be discontinued and Toronto be provided the necessary authority to address their funding issues within the City of Toronto; THAT this resolution be circulated to Dalton McGuinty, Premier of Ontario, the Honourable John Gerretson, Minister of Municipal Affairs and Housing, the Honourable Greg Sorbara, Minister of Finance, MPP's within the GT A, municipalities within the GT A and the City of Toronto." Resolution #C-387-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution of the City of Vaughan regarding GTA Pooling be endorsed by the Municipality of Clarington. "CARRIED" D -17 F11.GE Kevin Chudd, Mayor, Gimli, Manitoba, requesting Council's support to protect the waters of Lake Winnipeg, and indeed the watershed, from all ill advised actions of North Dakota in constructing the Devils Lake Outlet. Mr. Chudd is requesting a financial contribution to the Stop Devils Lake Legal Trust Fund and to join thousands of Manitoba citizens and all federal Members of Parliament, in urging the federal government to ensure that all necessary measures, including legal actions, are taken to guarantee that their concerns for the impact of Devils Lake on Canadian waters are heard and arbitrated by the IJC as agreed under the Boundary Waters Treaty. Council Meetin!il Minute~ -22- September 12, 2005 COMMUNICATIONS Resolution #C-388-05 Moved by CouricillorSchell, seconded by Councillor Ping Ie , THAT Correspondence Item D - 17 be received for information. D - 18 F11.GE "CARRIED" Spbtlignt Danceworks Inc., requesting financial assistance to help their 'dance studio attend the world qualifying dance competition in Brantford, Ontario. Dancers from all across Canada attended the competition to compete for only three sports to represent Canada at the International Dance Organization's Hip Hop and Dance Show World Championships in Germany 2005, Their senior dance team and two soloists rose above the rest and were chosen for an opportunity of a lifetime. Resolution #C-389-05 Moved by Councillor Foster, seconded by Councillor Pingle THAT the request for financial assistant from Spotlight Danceworks Inc. be denied; and THAT Spotlight Danceworks Inc. be advised of the Municipality's Grant Policy. D -19 F11.GE "CARRIED" Bill Smirle, Committee Coordinator, Eastern Ontario Abattoir Project, requesting financial support to help initiate a feasibility study of a meat packing/processing plant for Eastern Ontario due to the devastating effects that the boarder closure surrounding the BSE crisis has had on livestock industries. The Committee is currently developing a request for proposals and expect this study to cost between $25,000 and $30,000. Resolution #C-390-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item D -19 be received for information; and THAT a copy be sent to the Clarington Agricultural Advisory Committee. "CARRIED" Council Meeting Minutes -23- September 12, 2005 COMMUNICATIONS Resolution #C-391"05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Correspondence Item D - 20 be referred to the Director of Community Services. D - 20 F11.GE D - 21 M02.GE Liza Frulla, P.C. M.P., inviting Council to partner with the federal gove'rnment so that the Municipality of Clarington can broaden the scope , of the arts and heritage within the community. The Cultural Capitals of C~nad\lawards recognize and support Canadian communities that have a record of harnessing the benefits of arts and culture in community life. Each year, up to five communities can receive the designation of Cultural Capital of Canada, which includes a contribution to support ,special activities to celebrate the,arts and culture and build a cultural legacy for the community. "CARRIED" Debi Bentley, City Clerk, City of Pickering, writing to The Honourable Irwin Cotler, Minister of Justice and Attorney General of Canada, advising that the City of Pickering on July 25, 2005, passed the following resolution: 'WHEREAS the Council of the Corporation of the City of Pickering has become aware of a press release from Immigration Watch Canada entitled 'London Bombings Vindicate British Immigration and Multiculuralism Critic, Enoch Powell" NOW THEREFORE the Council of the Corporation of the City of Pickering formally requests that the Office of the Minister of Justice and Attorney General of Canada investigate the press release of Immigration Watch Canada, specifically as it relates to the Criminal Code and Public Incitement of Hatred; FURTHER THAT copies of this resolution be forwarded to: . The Honourable Irwin Cotler, Minister of Justice and Attorney General of Canada . Mark Holland, MP, Ajax-Pickering . Dan McTeague, MP, Pickering-Scarborough East . GTA Municipalities . The Honourable Gordon Campbell, Provincial Government, British Columbia" Council Meeting Minutes -24- September 12, 2005 COMMUNICATIONS Resolution #C-392-05 Moved by Councillor Schell, seconded by Councillor Foster THAT Correspondence Item D - 21 be received for information. "CARRIED" D - 22 C10.MO Lorraine Heinbuch, Township Clerk, Corporation of the Township of Wellington North, advising Council that the Township of Wellington North on July 1, 2005, passed the following resolution: ''THAT WHEREAS the Province of Ontario has announced the Ontario Municipal Partnership Fund (OMPF) to replace the Community Reinvestment Fund (CRF) as a source of core funding for Ontario municipalities; and AND WHEREAS one of the components of the OMPF includes assistance to compensate for the reduced taxation received from farmland and managed forest assessment; and AND WHEREAS this assistance is provided subject to a declining scale based on the amount of farmland and managed forest taxation relative to the total taxation significantly reducing the amount of this assistance for some municipalities; and AND WHEREAS prior to the introduction of the CRF grant in 1998, municipalities were not subject to the administrative requirements of the Farm Tax Rebate program receiving the full benefit of taxation of farmland and managed forests; and AND WHEREAS the stable funding guarantee identified will be reduced over the next few years to zero reducing the total amount received from that received in prior years by 42%; and AND WHEREAS the OMPF program does not take into consideration revenues received by some municipalities from sources unavailable to all municipalities; and AND WHEREAS the provincial gas taxes collected across the province are only being shared with municipalities that have public transit systems; and Council Meeting Minutes -25- September 12; 2005 COMMUNICATIONS AND WHEREAS municipalities have been unable to get an explan'ation from the Ministry of Finance of the rationale behind the design of the OMPF; and ' " AND WHEREAS this reduction in core funding will result in an unacceptable significant increase in the tax rate of 14.9% creating financial hardship for the residential and business ratepayers of the Township of Wellington North; , NOW THEREFORE BE IT RESOLVED. THAT the Council of the Corporation of the Township of Wellington North request that the Province of Ontario consider the level of funding received in 2004 as a minimum level of core funding with annual adjustments to reflect local cost increases and increased municipal responsibilities due to legislative changes from time to time; and AND FURTHER THAT a copy of this resolution be circulated, for support, to municipalities in the Province of Ontario; and AND FURTHER THAT a copy of this resolution be sent to local members of provincial parliament, the Ministry of Finance, and the Ministry of Municipal Affairs and Housing." Resolution #C-393-05 Moved by Councillor Trim, seconded by Councillor Pingle THAT Correspondence Item D - 22 be received for information. "CARRIED" D - 23 P01.GE Clay Taylor, requesting Council's position with respect to noise control on unregulated gravel pits. Mr. Taylor states that there is a noise problem that is developing with the aggregate pit known as Kovac's Sand & Gravel due to early morning operations. Noise associated with gravel trucks has become very intense during the last several years on Durham Regional Road 20. Due to the fact that many of these gravel pits are older, there is no restriction on hours of operation. Gravel trucks start as early as 3:30 a.m. in the morning and on some mornings, the traffic is virtually non-stop from 4:30 a.m. forward. Mr. Taylor is requesting that a noise attenuation barrier be erected on the south side of his property, which boarders Regional Road 20, perhaps by using the fees received from aggregate extraction. Council Meeting Minutes , , -26- September 12, 2005 COMMUNICATIONS Resolution #C-394-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item D - 23 be referred to the Municipal Clerk and to the Director of PI~nning Services. "CARRIED" D-24 Ron Hooper, Chairman, Board of Management, Bowmanville Business Centre requesting that the regular bus service in Bowmanville be provided free of charge from 8:30 a.m. until 5:30 p.m. on Saturday, October 15 for the Annual Apple Festival' and Craft Sale. The success of the event has created both traffic and parking problems in the downtown area. The expectation is that those who live in Bowmanville will avoid driving to the event and will, instead, take the free bus transportation provided. If approved, the Bowmanville Business Centre plans to highlight this free bus service on their posters and other advertising materials, recognizing that it is "Courtesy of the Municipality of Clarington". ' Resolution #C-395-05 Moved by Councillor Schell, seconded by Councillor MacArthur WHEREAS the Council of the Municipality of Clarington recognizes that the Bowmanville Apple Fest is an important annual community event; AND WHEREAS this event draws thousands of visitors to the Bowmanville area, this year on October 15, 2005; AND WHEREAS the Bowmanville BIA has asked if it would be possible for the Municipality to provide free half hour transit services, rather than paid hourly service on the day of the festival, Saturday, October 15, 2005; AND WHEREAS free half hour transit service to the festivities may significantly improve traffic flow and parking availability in the downtown Bowmanville core during the event; AND WHEREAS the Staff of the Engineering Services Department has investigated the possibility; AND WHEREAS the provision of this service can be provided for by expanding the two existing Clarington Transit service routes, at an additional cost of approximately seven hundred dollars ($700); Council Meeting Minutes -27- September 12, 2005, COMMUNICATIONS NOW THEREFOR!:,: BE IT RESOLVED THAT the Engiheering Services Department be directed to make the necessary arrangements for free half hour transit service for the Bowmanville Apple Fest and to charge the cost of this service to the Transit Miscellaneous Operating account 100-32-323-10435-7112. "CARRIED" NOTICE OF MOTION Resolution #C-396-05 Moved by Councillor Trim, seconded by Councillor Ping Ie WHEREAS our municipality is experiencing issues in our parks and in the public waterfront areas due to excessive amounts of geese excrement, and WHEREAS this problem is compounded with people attracting the geese by feeding them; NOW THEREFOR~ BE IT RESOLVED that the Clerk's Department and Operations Department be directed to investigate the matter and report back to Council with a by- law prohibiting the feeding of geese in our parks, public waterfront area and other municipally owned areas. "CARRIED" REPORTS Report #1 - General Purpose and Administration Committee Report - September 6, 2005 Resolution #C-397-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of September 6, 2005, be approved. "CARRI ED" Council Meeting Minutes -28- September 12, 2005 REPORTS Report #6 - Confidential Report CLD-036-05 .. Resolution #C-398-05 Moved by Councillor Robinson, seconded by CouncillorPingle THAT Confidential Report CLD-036-05 be received; and THAT the usual municipal practice be approved. "CARRIED" OTHERBUSINESS Councillor Robinson thanked Members of staff for their assistance at the Orono Fair. Resolution #C-399-05 Moved by Councillor Pingle, seconded by Councillor Foster THAT the meeting be "closed" to consider a property matter and personnel matters. "CARRIED" The meeting reconvened in open session at 9:10 p.m. Resolution #C-400-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" BY-LAWS Resolution #C-401-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-162 to 2005-184, inclusive and that the said by-laws be now read a first and second time: Council MeetingMinutes -29- September 12, 2005 BY-LAWS 2005-162 Being a by-law to amend by-law 2004-014, as amended, to Appoint Members to the Clarington Traffic Management Advisory Committee for the , Municipality of Clarington " ' 2005-163 Being a by-law to amend By-law 2004-012; as amended, to Appoint Me"!bers to the Animal Advisory Committee for the Municipality of Clarington 2005-164 ' Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-89070 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-89070 (2044356 Ontario Limited (Palaka) 2005-165 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-Iaw.for the Corporation of the Municipality of Clarington (Shell Canada Products Limited) 2005-166 Being a by-law to exempt a certain portions of Registered Plan 40M-2094 from Part Lot Control (Eventel Enterprises Inc.) 2005-167 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Tim and Dorris Taxis) 2005-168 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (2001544 Ontario Limited (Halminen Homes) 2005-169 Being a by-law to amend By-law 91-58, as amended, being a by-law to regulate traffic on highways, municipal and private property in the Municipality of Clarington 2005-170 being a by-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington 2005-171 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Eldon Nelson 2005-172 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Allan Ronalds 2005-173 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Charles McNaughton Council Meeting Minutes September 12, 2005 -30- BY-LAWS 2005-174 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Joseph Crooks ' 2005-175 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Dennis John 2005-176 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd., Gormley, Ontario, 'to enter into agreement for the Brookhouse Parkette Const'ruction 2005-177 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Barr's Roofing, Newcastle, Ontario, to enter into agreement for the Re-Roofing of the Municipal Administrative Centre 2005-178 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Peninsula Construction Inc., Fonthill, Ontario, to enter into agreement for Culvert Replacement & Erosion Remedial Works 2005-179 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd., Gormely, Ontario, to enter into agreement for the Barlow Court Parkette Construction 2005-180 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Roadmaster Construction, Weston, Ontario to enter into agreement for the Crack Sealing Program 2005-181 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Imperial Oil Limited) 2005-182 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Race Mechanical) 2005-183 being a by-law to stop up and close as a public highway Part 2 on Plan 40R-23364, unopened road allowance 2005-184 being a by-law to authorize a Purchase Agreement between the Corporation of the Municipality of Clarington and 1477677 Ontario Limited, in respect to the purchase of Block 196 on draft plan of subdivision 18T-90036, Part Lot 10, Concession 2, former Town of Bowmanville "CARRIED" Moved by Councillor MacArthur, seconded by Councillor Foster " Council Meeting Minutes -31- September 12, 2005 BY-LAWS Resolution #C-402-05 THAT the third and final reading of By-laws 2005-162 to 2005-184, inclusive, be approved. "CARRIED" . CONFIRMING BY-LAW Resolution #C-403-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-185 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 12th day of September, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-404-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-185 be approved. "CARRIED" ADJOURNMENT Resolution #C-405-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 9:14 p.m. "CARRIED" MAYOR MUNICIPAL CLERK i) unwanted tires can be an environmental hazard, as well as a health hazard for such things as providing breeding grounds for the West Nile Virus; SUMMARY OF CORRESPONDENCE SEPTEMBER 26, 2005 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 M. de Rond, Clerk, Town of Ajax, advising Council that a public meeting " will be held on September 26, 2005, to consider a by-law that would place the following question on the November 13, 2006, municipal election ballot: Should the Council of the Town of Ajax approve the following resolution: "THAT the Government of Ontario enact a resolution requiring tbe direct election of the Chair of the Regional Municipality of Durham." 1-2 Julian Fantino, Commissioner of Emergency Management, Ministry of Community Safety and Correctional Services, requesting Council's cooperating in refraining from self-deploying staff or resources to the four states most affected by Hurricane Katrina. It is essential that liability and cost issues be clearly addressed before deployment. 1-3 John O'Toole, MPP, Durham, writing to the Honourable Laurel Broten, Minister of the Environment, advising that the following resolution was adopted by the Region of Durham's Council on June 15, 2005: ' "a) THAT the Minister of the Environment be requested to develop an environmentally friendly but cost effective means of disposing abandoned tires, including modifying the current EA Regulations to permit cement plant facilities to allow the use of unwanted tires as an alternate fuel source as: ii) farm properties often become a refuge for a large number of abandoned tires; Hi) tires are not permitted in landfill sites; iv) it is legal to burn tires under controlled conditions in places outside of Ontario, for example in cement plant kilns; v) the steel in tires eliminates the need to use a steel additive in the making of cement; and Summary of Correspondence - 2 - September 26, 2005 vi) it has been proven, on a trail basis at 5t. Mary's Cement, that tires are a cleaner burning fuel than coal, which is typically burned, and provides energy at a consistent level in , the cement facilities; and b), THAT this resolution be circulated to the Ontario Federation of AgricJ,llture (OFA), Durham Federation of Agriculture, The Christian 'Farms Federation of Ontario, the National Farmers Union of Ontario, the Rural Ontario Municipalities Association, the Association of Municipalities of Ontario (AMO), and all local MPP's , for support." I - 4 Veridian Corporation, advising that Veridian Corporation has extended an offer to asSist in power restoration and re-building efforts in the U.S. states affected by Hurricane Katrina. The company has twelve experienced linepersons ready and equipped to be dispatched to the disaster area on short notice., I - 5 Cheryl MacLeod, Executive Director, Hospice Durham, providing a copy of their Annual Report. 1-6 John R. O'Toole, MPP, Durham, writing to the Honourable Dalton McGuinty, Premier of Ontario, regarding the GT A/905 Healthcare Alliance. In this letter, Tariq Asmi, Executive Director writes about the importance of applying the standards of fairness and equity to all aspects of government decision-making. However, there is clearly an inequity in funding for healthcare services in four 905-area Regions. (Namely Durham, Halton, Peel and York) Mr. O'Toole is requesting the Premier's immediate attention on this matter. I - 7 Federation of Canadian Municipalities, advising that the Canadian Red Cross (CRC) has made the following suggestions to Canadian municipalities offering support to the Gulf Coast Emergency: 1. Persons experienced in shelter operations and in emergency management are needed now. Local offices of the CRC should be contacted. 2. The CRC can offer training to volunteers who have not already been through their programs. 3. Deployments to relief assignments of the American Red Cross are generally three weeks in length, with employers expected to cover their employees' salary and benefits while on assignment. Direct on the ground expenses can be covered by the Red Cross if necessary. 4. This is a hardship assignment requiring persons in good health. A detailed advance briefing would be provided by the CRC. 5. Offers of financial support can be directed to local officers of the CRC. Summary of Correspondence - 3- September 26, 2005 1-8 P.M. Madill, Regional Clerk, Region of Durham, writing to Ms. E. Dowdeswell, President, Nuclear Waste Management Organization, advising that Regional Council on September 7, 2005, approved the following resolution: "a) THAT the following recommendations, comments and contents of Report #2005-P-62 of the Commissioner of Planning be forwarded to thEj, Nuclear Waste Management Organization (NWMO), as Durham Region's response to the draft Discussion Document entitled 'Choosing a Way Forward - The Future Management of Canada's Used Nuclear Fuel': i) The long-term management approach - Adaptive Phased ,Management (APM) - presented by NWMO provides a reasonable solution for Canada's nuclear fuel waste, however the details of actual implementation remain a concern; ii) The Adaptive Phased Management (APM) approach addresses many of the concerns that were previously , expressed by the Region. Most importantly, the need to remove nuclear waste from existing reactor sites away from large and growing urban centres and the Lake Ontario drinking water supply, is recognized by the proposed APM approach. Nevertheless, the potential for the nuclear waste to remain at Durham's existing reactor sites as the permanent solution however, is still a concern. NWMO must restructure the APM approach to ensure there are firm timelines for decision-making, based on specific options; iii) If a willing host community if found, the community and communities along transportation routes, need to be provided certainty of the nature, type and timing of facilities that will be constructed. The proposed APM approach does not provide specific timelines for making the decision of whether or not to construct an interim storage facility; iv) Should the Federal government approve the APM approach, it should concurrently approve the concept of a centralized shallow interim storage facility. This will significantly reduce the community impacts, added risks, and costs associated with improved security, repackaging used nuclear fuel, and refurbishing existing reactor facilities; -4- Summary of Correspondence vii) viii) ix) September 26, 2005 v) The NWMO must strongly urge the Federal government to make a decision on the long-term management approach for Canada's nuclear waste as expeditiously as possible, so that the burden of deciding how and where to manage nuclear> waste is not passed onto future generations. The decisions of the Federal government will form a fundamental, component of broader energy policy decisions that will ,be facing Provincial and Federal governments in the next decade; " vi) The Province of Ontario has to make future energy supply decisions in the very near future, which may include the need to construct or expand nuclear capacity. As ,such, NWMO must emphasize the urgency to the Federal government to make a decision on Canada's long-term management approach for nuclear waste, before any more decisions are made to construct new or expand nuclear' power plants; The transportation of nuclear waste to a centralized site will be a significant issue, affecting current nuclear host communities, adjacent communities and communities along the transportation routes. Therefore, it is critical that NWMO include in its final Discussion Document the need to prepare a transportation plan (which should include defined modes, routes, community impacts, security/safety measures and associated risks, etc.), as an integral component of its future siting process and public consultation program; The proposed APM approach includes monitoring the nuclear waste while it is in the central interim storage facility and the deep repository. The NWMO should indicate what actions might be taken if the monitoring results are not technically favourable, or unacceptable to stakeholder groups and affected communities; Should the Federal government approve the APM approach as presented in the draft Discussion Document, it is requested that, as a safeguard, more stringent monitoring practices be implemented at existing reactor facilities, especially as they age; Summary of Correspondence - 5- September 26, 2005 b) THAT the Federal Minister of Natural Resources, the Honourable R. John Efford, be requested to expedite a decision on Canada's long-term management approach for used nuclear fuel waste; c) THAT the peer review comments on NWMO's draft Discussion Document, prepared by Acres-Sargent & Lundy (on behalf of the Canadian Association of Nuclear Host Communities) and Robert Gadsby (on behalf of the Town of Ajax), be endorsed; and d) THAT a copy of Report #2005-P-62 of the Commissioner of Planning be forwarded to the Nuclear Waste Management Organization, the area municipalities, the Federal Minister of Natural Resources, Durham's MPs and MPPs, and the Canadian Association of Nuclear Host Communities." xi) xii) xiii) Existing nuclear host communities will continue to be impacted by any long-term management approach for nuclear fuel waste for many decades. Accordingly, the NWMO must include in the final Discussion Document, a new section which clarifies the roles and responsibilities of the owners/producers of nuclear waste versus NWMO that is consistent with the Nuclear Fuel Waste Act and the, principle of 'polluter pays'. This is needed to address the full impacts on nuclear host communities in implementing the APM approach. In this regard, NWMO should consider the timelines for the decommissioning of reactor plants as a factor; The issue of compensation, financial or otherwise, for current nuclear host communities and communities in close proximity to reactor sites is not included in the draft Discussion Document. NWMO's recommendation will potentially require the storage of nuclear waste at existing reactor sites for an extended period of time beyond what was originally thought. Accordingly, NWMO should address compensation, based on potential impacts and risks in implementing the recommended approach, including costs associated with emergency preparedness, security measures, municipal infrastructure (roads, water, sewer etc.) and community impacts; and ' Whether used nuclear waste remains on site in Durham Region in the interim, or is transported to a centralized site outside of Durham, the Region should continue to have an ongoing, long-term role in future decisions regarding the nuclear waste management strategy. This would allow the Region to preserve opportunities for additional financial compensation in the event the nuclear waste management approach is modified; Summary of Correspondence - 6- September 26, 2005 I - 9 Reverend Christopher Greaves, Incumbent priest and pastor of St. John's Anglican Church, Bowmanville, thanking Council and staff, specifically Ron Baker,for the new church direction sign installed this summer on the corner of ~ing and Temperance Streets. 1-10 DeQbe Crandall, Executive Director, STORM Coalition, advising Council on Septemb,er 28, 2005, STORM Coalition, Citizens' Envrionment Watch and the Centre for Community Mapping will be hosting a community workshop forthe Monitoring the Moraine (MTM) project. MTM is a three- year project created through the partnership of the three organizations and has received funding from the Oak Ridges Moraine Foundation and the George Cedric Metcalf Foundation to engage and train citizen volunteers in environmental and policy monitoring of the Oak Ridges Moraine. I - 11 Kim Coates, Clerk, Township of Scugog, advising that the Council of the Township of Scugog received and endorsed the Municipality of Clarington's,correspondence regarding severance of non-agricultural rural parcels - relocation of heritage structures. I -12 Minutes of the Clarington Museums and Archives Board Meeting dated September 14, 2005. (Copy attached) 1-13 Minutes of the Local Architectural Conservation Advisory Committee meeting dated June 21, 2005. (Copy attached) 1-14 Doug Rosser, Chair, Sport Alliance of Ontario, inviting Council to bid on one of Ontario's Games: the 2008 Ontario Winter Games for Youth, the 2008 Summer Games for Youth, the 2008 Ontario Senior Games- Actifest (Summer) or the 2009 Ontario Senior Games - Winterfest. These four unique multi-sport competitions showcase Ontario's Athletes and the community, offering participants, volunteers and spectators the chance to experience the challenge and excitement of Games, and leaving behind an important legacy of community pride and personal development. CORRESPONDENCE FOR DIRECTION D - 1 Sally Barrie, Administrator, Community Care Durham Clarington,. requesting that the month of October be proclaimed Community Support Month. Community Support includes meals on wheels services and across the Province the week of October 3 is designated as Meals on Wheels Week. Ms. Barrie is also requesting that two members of Council join their team of volunteers on Monday, October 3, to help deliver meals. This would require a commitment of 1 - 2 hours around noon to accompany volunteers on one of the eleven routes across the municipality with meal pick-up at Lakeridge Health Bowmanville. (Motion to Proclaim) Summary of Correspondence - 7 - September 26, 2005 D _ 2 Paul Moist, National President, CUPE SCFP, requesting that October 5, 2005, be proclaimed Communities Day. The Canadian Union of Public Employees (CUPE) launched the day in 2004 to highlight the many pressing issues facing municipalities. While last year's "New Deal for Cities and Communities" is a step forward, Canadian cities and towns still face major infrastructure shortfalls. (Motion to Proclaim) D _ 3 Edith Hopkins, CEO, Clarington Public Library, requesting proclamation of October 17 ~ 24,2005, as Canadian Library Week. This year's theme focuses on'the lifelong contribution libraries make to both individuals in a community and to the community itself. (Motion to Proclaim) , ' D - 4 Township 'of North Frontenac, advising Council that the Township of North Frontenac passed the following resolution: 'WHEREAS all municipalities in the Province of Ontario are links in the broader chain of government and that this chain is only as strong as the weakest links, the majority of which are the smallest rural municipalities with populations under 10,000 people; AND WHEREAS the level of investment to support infrastructure and economic development in the smallest rural municipalities cannot be reasonably sustained by the property tax yield; AND WHEREAS these fundamental infrastructure needs necessary to support economic development include road and bridge maintenance, construction and reconstruction; the establishment and maintenance of communications facilities; the sustainability of municipal buildings; and the provision of safe water, waste water and waste management facilities; AND WHEREAS all municipalities are required to deliver and fund social programs mandated by the provincial government through the same property tax yield that compete with these significant infrastructure needs; AND WHEREAS the current federal/provincial programs (e.g. per capita gas-tax rebates, COMRIF, EODF, etc.) directed at "small municipalities" with populations of 500,000, 250,000, 200,000 or less provide the smallest rural municipalities (less than 10,000 people) with inadequate financial capacity, even when banded over several years, to provide meaningful infrastructure improvements or economic development opportunities; AND WHEREAS the smallest rural municipalities comprise more than 61 percent (per Appendix A) of the total number (445) of municipalities in Ontario; continue to get less and less of the share of the pot; and get poorer and poorer relative to urban, semi-urban and rural-urban areas of the province; Summary of Correspondence - 8 - September 26, 2005 AND WHEREAS the year-round populations of many of the smallest rural municipalities are typically augmented several times by the regular influx of seasonal residents, which fact adds pressure to already inadequate infrastructure and commercial bases; AND WHEREAS the establishment of a sliding funding scale (per Appendix A) inversely proportionate to those municipalities with the least populations would ensure that the smallest rural municipalities would be able to operate, compete, grow and prosper; AND WHEREAS, to be fair and equitable, this funding scale should be recognized and applied prior to the calculation of any additional per capita or other formulas that may pertain to new federal and/or provincial funding initiatives in respect of municipalities; NOW THEREFORE BE IT RESOLVED that until such time as the Government of the Province of Ontario removes the obligation of funding the many social programs through the municipal property tax base, the Township of North Frontenac recommends that the Government immediately develops and institutes, for the smallest rural municipalities, minimum capital program funding thresholds (per Appendix A) that are inversely proportionate to their permanent and non-permanent populations; AND FURTHER that all Ontario Municipalities endorse these recommendations through their respective Councils and respond to the Association of Municipalities of Ontario; to the Ministry of Municipal Affairs and Housing; to the Ministry of Agriculture, Food and Rural Affairs; to their local Members of the Legislative Assembly of Ontario; to Her Majesty's Leaders of the Opposition in the Province of Ontario; and to the Premier of Ontario; and Leaders of the Opposition." (Motion for Direction) D - 5 Brain Seaton, Project Manager, Hampton Citizen's Association, requesting a donation of $15,000 to help fund a small portion of the cost of their Hampton Pond Recovery Project. The Hampton Pond Recovery Project is a collaborative effort between the Hampton Citizen's Association as manager of the project, Central Lake Ontario Conservation as property owner, and the Municipality of Clarington as property manager. (Motion for Direction) D - 6 Barb Hiff, Executive Director, Distress Centre Durham, requesting financial assistance to help support Distress Centre Durham. (Motion for Direction) Summary of Correspondence - 9- September 26, 2005 D - 7 City of Hamilton, advising Council that the City of Hamilton on July 13.,2005, passed the following resolution: 'WHEREAS. the level of investment to support rural and agricultural communities and to support the development of a more competitive rural eco,nomy cannot be reasonably sustained by the current property tax yield. THEREFORE BE IT RESOLVED: (a) THAT the Council of the City of Hamilton endorses the resolution of the Ontario Mayors for the Future of Agriculture recommending that the Province of Ontario immediately develop effective funding meChanisms specifically to support rural and agricultural development issues. (b) AND FURTHER, that all Ontario Municipal communities endorse this recommendation through their respective Councils and respond back to the Ontario Mayors for the Future of Agriculture, c/o Mayor Rita Kalmbach, Norfolk County. (Motion for Direction) D - 8 Confidential Property Matter (Copy attached under separate cover) (Motion for Direction) 1. CALL TO ORDER The meeting was called to order at 7:08 p.m. by the Chair. 2. ADOPTION OF AGENDA 3. APPROVAL OF THE MINUTES OF June 8, 2005 Location: Present: Regrets: Absent: Staff: Council Information 1-12 CLARINGTON MUSEUMS AND ARCHIVES BOARD MEETING MINUTES SEPTEMBER 14,2005 ,'Sarah Jane Williams Heritage Centre Bowmanville, Ontario , K. Isnor, Chair D. Climenhage S. Laing P. J;ord J.Vincent Councillor Pat Pingle Councillor Gord Robinson M. VanDyk H. St. Croix T.Oke J. Witheridge J. Murray M. Rutherford Conrad, Administrator M. Horne, Recording Secretary Moved By: Councillor Pingle Seconded By: J. Vincent THAT the Agenda be approved. MOTION CARRIED Moved By: S. Laing Seconded By: 1. Vincent THAT the minutes of the Board Meeting of June 8, 2005 be approved. MOTION CARRIED Moved by: Councillor Pingle Seconded by: S. Laing 4. BUSINESS ARISING The Administrator advised that the website updates have been completed and invited the Board to look into the site and forward any comments they may have.: Favourable comments have been received on the website from members of the museum cominunity which now includes all the forms, including membership, that are available from the museum. 5. CORRE~PONDENCE Discussion was held on item number one, the letter from Jean Hall re the Milligan artifacts. THAT the Administrator investigate this matter further. MOTION CARRIED Moved by: Councillor Pingle Seconded by S. Laing THAT the correspondence be received. MOTION CARRIED 6. COMMITTEE REPORTS a) Finance Committee: The Finance Chair advised that both the revenue and expenditures are tracking well at this point in time. The position of bookkeeper would cost the museum $321.00 per month and the money would come out of the Office Equipment budget. It was agreed that having a bookkeeper on staff would be money well spent. Moved by: P. Ford Seconded by: 1. Vinson THAT the Finance Committee Report be approved; and THAT the payment of the June, July and August 2005 bills be acknowledged. MOTION CARRIED Moved by: S. Laing Seconded by: Councillor Pingle .. TIIAT Clarington Museums and Archives Board approve using the s~rvices of a bookkeeper effective immediately. MOTION CARRIED 7. ADMINISTRATOR'S REPORT: The Administrator advised the Board that tours through the museum have increased dramatically. Upcoming exhibits were discussed, including the Hunting' Grounds Exhibit at Clarke museum. The Board was invited to visit the Clarke Museum to view the changes that have taken place. The teas held this 's\llllll1er at 'Bowmanville made $3500.00 for the museum; part of the reason being because of the addition of soups, which was so well accepted. The Administrator'has , negotiated for signage advertising the Clarington Museums on a new sign outside of the Tourism Office located right on Liberty Street, just as traffic comes off the 40 I. It will be a great opportunity for profiling the museums. Moved by:, D. Climenhage Seconded by P. Ford THAT the Administrator's report be accepted. MOTION CARRIED 8. NEW BUSINESS: (a) The Administrator advised the Board that the Museum is in dire need of a new photo copy machine. She had hoped to have the three quotes for the Board but as only one quote is available at this time, the matter will be deferred to the next Board meeting. (b) The Administrator summarized the Canadian Museum Association Guide. Discussion was held and it was decided that the Board would support the Minister and that the Administrator would prepare a report, it would then be endorsed by the Board and sent to Council. 8. DATE AND PLACE OF NEXT MEETING: .' The next meeting of the Clarington Museums and Archives Board will take place on OCTOBER 12, 2005, at the Sarah Jane Williams Heritage Centre, commencing at 7:00 p.m. 9. ADJOURNMENT: ' .. , ' Moved by: S. Laing mAT the meeting be adjourned at 8:25 p.m. " " Council Information 1-13 LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE " MUNICIPALITY OF CLARINGTON Minutes of Meeting June 21, 2005, 7:00 PM , , MEMBERS PRESENT: Victor Suppan Clayton Morgan Andrew Kozak Johanna de Boer Jennifer Knox Cathy McKeevor Kina Isert ABSENT: Councillor MacArth Karin Murphy David Reesor REGRETS: GUEST: ADOPTION 06.23 an "CARRIED" BUSINESS ARISING Inventory Update Review Reauest The Planning Services Department has requested a list of heritage properties that may be considered to be threatened. The existing inventory was completed between 1986 and 1990 and generally only included buildings constructed prior to 1900. Planning staff have surveyed Orono, Courtice, Bowmanville and Newcastle Village to update the inventory and add a new heritage merit category. The LACAC members were requested to verify staffs review. The areas were divided and the members are to photograph and document buildings of merit using the coding sheets provided for the September meeting. ,000 or up to one-third , , SUB-COMMITTEE REPORT Bowmanville Community Improvement Plan (CIPI Committee " Faye Langmaid reported on the progress of the Bowmanville CIP. The CIP is a specific type of study which allows council the opportunity to provide grants to private enterprise''ii'l identified areas of Bowmanville based on improvements to their property in flilur areas: 1) Building Permit Grant (staff suggesting up to $3000) 2) Site Pl,anApplication Grant (staff suggesting up t $ 3) Heritage Fa~ade Grant (staff suggesting up t ,0 total cost and ayailable only for buildings on r inventoried list. Staff is considering placing requirementfor this grant. Applications wo ensure that the improvements are in keep' heritage building. This will likely re a fall) " 4) Building Improvement Grant of total cost) 00) r up to one-third of secondary or f designation as a wed by LACAC to haracter of the ee to be set-up this II Staff is sugg and that ther provided ther be presented Municipal Ho summer. c $50,000 per person/business, rges for said improvements, re footage of the building. The CIP is to nda 'une 27. lfapproved, the Ministry of , will be requested to approve the plan over the 06.24 Cia n Mo an seconded b Andrew Kozak 'LACAC supports the Bowmanville Community Improvement ogram (CIP) and will provide support as required. "CARRIED" 407 Committee Faye Langmaid reported that staff is proposing a new by-law to Council on Monday, June 27, that will allow for the refund of development charges for any heritage building that is relocated and subsequently designated within the Municipality. The 407 Committee has requested Durham Region to amend the Official Plan to allow for the subdivision of lots on rural land parcels to accommodate the relocation of heritage houses that are being displaced by the potential 407 route. Grand Trunk RailWav Anniversary Committee The LACAC Chaii'will sit on this committee, joining An wand Clayton. ,No meeting held, this month. CHO Research Committee les, Ich include on-going or the Apple Blossom Awards, uncil. 06.25 Moved bv Clayton Moman. seconded bv Cathy McKeevor , THAT LACAC supports the 407 Committee in their favourable , ,position regarding the subdivision of land parcels to accommodate the r~location of heritage buildings. "CARRIEP" No report. " Johanna de Boer re research, liaisi and preparati FINANCIAL The closing r April 2005 totalled $865.55. 06.26 y Jennifer Knox, seconded by Andrew Kozak the financial report be accepted as presented. "CARRIED" CORRESPONDENCE EA for ADDITIONAL WATER SUPPLY CAPACITY FOR NEWCASTLE URBAN AREA An information update on the progress of water treatment facility in Newcastle was received. As there are no heritage issues at this time, Isabel Little will request that LACAC may comment on the architectural drawings when they are submitted with the Site Plan Application. REQUEST FOR NOMINATIONS FOR ONTARIO MEDAL OF GOOD CITIZENSHIP " Received a request for nomination for the Ontario Medal of Good Citizenship by the Ministry of Citizenship and Immigration. No nominees were identified by"" LACAC. ONTARIO HERITAGE FOUNDATION NEWSLETTER 06.27 Distributed to LACAC members. NEW BUSINESS MEMBER NOTIFICATION Absentee members of municipal commi Department after missing three meet' appointment to the committee is ter Department that theL~,js curre . ifed by the Clerk's eir regrets, that their to notify thE! Clerk's Next Meeting Tuesday, September 20, 7:00 PM Municipal Administrative Centre " UN..pn REPORT #1 REPORT TO COUNCIL MEETING OF SEPTEMBER 26, 2005 , , " , SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE', MEETING OF MONDAY, SEPTEMBER 19,2005 RECOMMENDATIONS: 1. OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT TQ PERMIT THE EXPANSION OF A MINERAL AGGREGATE OPERATION APPLICANT: 1559300 ONTARIO LIMITED (RON ROBINSON LTD.) THAT Report PSD-111-05 be received; THAT the applications to amend the Clarington Official Plan (COPA 2005- 004) and the Municipality's Zoning By-law (ZBA 2005-012) submitted by 1559300 Ontario Limited (Ron Robinson Ltd.) be referred back to staff for further processing and the preparation of a subsequent report; and THAT Durham Region Planning Department, all interested parties listed in Report PSD-111-05 and any delegations be advised of Council's decision. 2. APPLICATIONS TO AMEND THE CLARINGTON OFFICIAL PLAN AND ZONING BY-LAW TO PERMIT THE WESTERLY EXPANSION OF WILMOT CREEK COMMUNITY WITH APPROXIMATELY 67 ADDITIONAL LOW DENSITY DWELLING UNITS APPLICANT: RIDGE PINE PARK INC. THAT Report PSD-112-05 be received; THAT the application to amend the Clarington Official Plan and the application to amend the Zoning By-law be referred back to staff for further processing and the preparation of a subsequent report following the receipt of the outstanding agency comments; and THAT all interested parties listed in Report PSD-112-05 and any delegations 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 - September26, 2005 3. PROPOSED PLAN OF SUBDIVISION OWNER: SABINA INVESTMENTS INC. AND ANKARA REALTY LIMITED (THE REMINGTON GROUP) THAT. Report PSD-113-05 be received; " , THAT the application for proposed Plan of Subdivision S-C-2005-001 submitted on behalf of Sabina Investments Inc. and Ankara Realty Limited be referred back to staff for further processing and the preparation of a subsequent report; and ' THAT all interested parties listed in Report PSD-113-05 and any delegations be advised of Council's decision. 4. APPLICATION FOR REMOVAL OF PART LOT CONTROL APPLlCANT:'1189286 ONTARIO INC. THAT Report PSD-114-05 be received; THAT the request for removal of Part Lot Control with respect to Lots 58, 59, 61, 63, and 73 to 81 inclusive on Plan 40M-2178 be approved and that the Part Lot Control By-law attached to Report PSD-114-05 be passed pursuant to Section 50 (7.1) of the Planning Act; THAT all interested parties listed in Report PSD-114-05 and any delegations be advised of Council's decision; and THAT a copy of Report PSD-114-08 be forwarded to the Region of Durham Planning Department. 5. GRANT ELIGIBILITY - UNIVERSITY OF ONTARIO INSTITUTE OF TECHNOLOGY - SOLAR VEHICLE TEAM THAT Report CSD-012-05 be received; and THAT the University of Ontario Institute of Technology, Solar Vehicle Team, receive a grant in the amount of $1000.00. 6. PET PLAN INSURANCE SHELTER PARTNERSHIP PROGRAM THAT Report CLD-027-05 be received: and THAT staff be authorized to enroll in the Pet Plan Insurance Shelter Partnership Program. Report #1 - 3- September 26, 2005 7. REQUEST FOR PROPOSAL RFP2005.7 - SUPPLY OF CONCESSION ITEMS, THAT Report,COD-042-05 be received; THAT Kwik Snacks, Toronto, Ontario be awarded Part A, Part C, Part E, Part F, qnd Pl'lrtG for the Supply of Concession Items for a one year term for an approximate annual value of $121 ,871.97; THAT Humpty Dumpty, Brampton, Ontario be awarded Part B of the contract to supply' and deliver Snacks to the Concession Stands for a one year term for an approximate annual value of $6,112.35; THAT Madison Food and Beverage Company, Orillia, Ontario be awarded Part D of the contract to supply and deliver Hot Beverages to the Concession Stands for a one year term for an approximate annual value of $22,018.10; That the contracts be awarded for a second and third term pending satisfactory pricing and delivery; and THAT the funds required be drawn from the respective Community Services operating budgets. 8. TENDER NO. CL2005-34 ONE FOUR WHEEL DRIVE TRACTOR AND MOWERS THAT Report COD-048-05 be received; THAT Evergreen Farm and Garden, Orono, with a total bid amount $90,180.00 plus GST being the lowest responsible bid received meeting all terms, conditions and specifications of Tender #CL2005-34, be awarded the contract for the supply and delivery of one only four wheel drive tractor and mowers as required by the Operations Department; and THAT the required funds be drawn from the 2005 Operations Department Capital Budget Account #11 0-36-388-83642-7401. 9. REQUST FOR PROPOSAL RFP2005-11 - NEWCASTLE RECREATION FACILITY ARCHITECTURAL SERVICES THAT Report COD-049-05 be received; THAT the proposal received from Shore Tilbe Irwin, Toronto, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2005-11 be awarded the contract for the provision of the Architectural Services for the Newcastle Recreation Facility at an estimated cost of $790,000.00 plus GST; and Report #1 -4- September 26, 2005 THAT the Treasurer be authorized at the time of awarding the tender for construction of the project, to make application to the Region of Durham fpr debenturing the necessary funds for the total requirements for this project: 10. CL2005-31, TWO (2) 43,000 GVW SINGLE AXLE CAB & CHASSIS CIW DUMP BODY AND PLOW EQUIPMENT ' .. .' THAT Report COD-050-05 be received; THAT Donway Ford Sales Ltd., Toronto, Ontario, with a total bid in the amount of $343,887.12 (plus GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2005.31, be awarded the contract to supply Two (2) 43,000 GVW Single Axle Cab & Chassis complete with Dump Body and Plow Equipment, as required by the Municipality of Clarington, Operations Department; and " THAT the funds required in the amount of $343,887.12 (plus GST),be drawn from the Operations 2005 Capital Budget Account #110-36-388-83642-7401. 11. CASH ACTIVITY - SECOND QUARTER OF 2005 THAT Report FND-013-05 be received; THAT in accordance with provision of Chapter 25, Section 286 of the Municipa/ Act, S.D. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the second quarter of the year 2005, as shown on the schedule attached to Report FND-013-05; and THAT Part "A" of the expenditures in Report FND-013-05, for the second quarter of the year be confirmed. 12. PARKING, NASH ROAD, COURTICE - PROPOSED AMENDMENTS TO BY.LAW 91-58 THAT Addendum to EGD-028-05 be received; THAT parking be prohibited on the south side of Nash Road from Townline Road North to Centerfield Drive, Courtice; THAT parking be prohibited on the North side of Nash Road from Trulls Road to Fourth Avenue, Courtice; and THAT Council approve the by-law attached to Addendum to Report EGD- 028-05. , Report #1 -5- 13. RATIFY ACTIONS September 26, 2005 THAT the actions taken at the "closed" meeting with respect to Confidential Report PSD-115-05 pertaining to a property matter and Confider1tial Report COD-047-05 pertaining to a legal matter be ratified. .. Report D2 REPORT CWilJgfOO CLERK'S DEPARTMENT .. Meeting: COUNCIL " Date: September 26, 2005 Report #: CLD-037-05 File#: By-law #: Subject: APPOINTMENT OF PARKING ENFORCEMENT OFFICER - KIM BIRKETT RECOMMENDATIONS: It is respectfully recommended that Council pass the following: 1. THAT Report CLD-037-05 be received; 2. THAT the by-law attached to Report CLD-037-05 to appoint parking enforcement officer, Kim Birkett, be appro\le.ll; and 3. THAT Kim Birkett be advised of Council's actions. ReviewedbQ~-~- Franklin Wu, Chief Administrative Officer Submitted by: PLB*LC*hk 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-037-05 BACKGROUND AND COMMENT Kim Birkett has accepted the position of Parking Enforcement Officer. In order for the officer to perform her duties she mw;t be appointed by Municipal By-law. Once appointed the officer will receive instruction on municipal ticketing procedures. ' ATTACHMENTS: 1,' By-law to Appoint Kim Birkett as a Parking Enforcement Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICiPALITY OF CLARINGTON BY-LAW 2005-190 'Being a by-law to appoint an individual as a Parking Enforcement Officer WHEREAS Sectioh '15(1) of the Police Services Act RS.O. 1990 Chapter P15, authorizes a Couf1cil of any Municipality to appoint one or more persons who shall be peace officers for the purpose of enforcing the by-laws of the Municipality; ,and ' WHEREAS it is desirable to appoint Kim Birkett as a Parking Enforcement Officer for the Municipal,ity"of Clarington. NOW THEREFORE the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. Kim Birkett is hereby appointed as a Parking Enforcement Officer for the Municipality of Clarington. 2. This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this 26th day of September, 2005. By-law read a third time and finally passed this 26th day of September, 2005. John Mutton, Mayor SUMMARY OF BY.LAWS SEPTEMBER 26, 2005 BY-LAWS, 2005-186 being a by-law to exempt a certain portion of Registered Plan 40M-2178 from Part Lot Control (Item #4 of Report #1) " , 2005-187 being a by-law to amend By-law 91-58, as amended, being a'by-Iaw to Regulate Traffic on Highways, Municipal and Private Property in the , Municipality of Clarington (Item #12 of Report #1) , 2005-188 being a by-law to stop up and close as a public highway a portion of a road allowance (Scugog Road) and to authorize the conveyance of Parts 1, 2 and 3 on an unregistered 40R-Plan to Highmark Homes (approved by Council on June 20, 2005) , 2005-189 being a by-law to declare a portion of a road allowance situated in Lot 13. Concession 2, former Town of Bowmanville (Scugog Street) to be Surplus (approved by Council on June 20, 2005) 2005-190 Being a by-law to appoint an individual as a Parking Enforcement Officer (Report #2) , 2005-191 Confidential Report PSD-11-05 - Property Matter (Item #13 of Report #1 ) I I I I I I I I I I I I I I I I I I I REPORT ENGINEERING SERVICES Meeting: COUNCIL Date: Monday, September 26,2005 Report #: EGD-32-05 File#: By-law #: Subject: CANADA-QNTARIO MUNICIPAL RURAL INFRASTRUCTURE FUND INTAKE TWO - PORT DARLINGTON NEIGHBOURHOOD, SECONDARY ACCESS ROUTE RECOMMENDATIONS: It is respectfully recommended: 1. THAT Report EGD-32-D5 be received by Council; 2. THAT the Municipality submit an application for funding to the Canada-Ontario Municipal Rural Infrastructure Fund - Intake Two; 3. THAT the works listed in the Port Darlington Neighbourhood, Secondary Access Route contained in Report EGD-32-05 be endorsed as the Municipality's highest priority project and included in the application; 4. THAT this report be forwarded to the Canada-Ontario Municipal Rural Infrastructure Fund Joint Secretariat; 5. THAT the Engineering Services Department proceed with the preparation and submission of the Canada-Ontario Rural Infrastructure Fund application, including all supporting documentation. Respeclful~by. ~ O~"7.' Submitted by: A.S. Cannella, C.E.T. Reviewed by: Franklin Wu, Director of Engineering Services Chief Administrative Officer ASC/jo/jb September 20, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-9282 I I I I I I I I I I I I I I I I I I I REPORT NO.: EDG-32-GS PAGE 2 1.0 BACKGROUND 1.1 The Engineering Services Department has reviewed the Guidelines and Technical Schedules for Intake Two of the Canada-Ontario Municipal Rural Infrastructure Fund (COMRIF) program, specifically the sections dealing with Municipal Roads and Bridges and Related Structures. The focus of the program is to ensure that Ontarians in small urban and rural communities enjoy a quality of life that's second to none through infrastructure investments which: . enhance and renew Ontario's aging public infrastructure . improve the quality of the environment . protect the health and safety of citizens . support long-term economic growth . build strong, sustainable communities by giving municipalities the tools they need The funding formula for the program would see the three levels of govemment, local municipality, Ontario and Canada, each paying one third of the eligible project costs. The COMRIF program also states that the priorities for project selection are: water, wastewater, local bridges and roads and solid waste management. Municipalities may only submit one project for each intake, but similar projects can be grouped together and submitted as one. Applications, supported by a municipal council resolution, must be submitted to the COMRIF Joint Secretariat on or before 5:00 p.m. EST on September 30, 2005. Upon review of the Application Guidebook - Intake Two and the criteria for projects eligible for funding under the program, it was evident that for the roads and bridges sections that protection of public health and safety were weighted heavily in the evaluation criteria. Projects that are considered routine maintenance or repair are not I I I I I I I I I I I I I I I I I I I REPORT NO.: EDG-32-oS PAGE 3 eligible for funding. Projects that are required as a result of residential development are not eligible for funding. Purchase of land for road construction is also not eligible. As a result of these factors it limited the eligible projects significantly. Through a review of the existing road inventory information it was determined that the Municipal Roads section of the Intake Two application would provide the Municipality with the best opportunity to submit a successful application for funding from the COMRIF program. The criteria under "Municipal Roads" for Intake Two apply, essentially, to the reconstruction of an existing road which is deficient. The criteria calls for the calculation of a "Road Sufficiency Index" within which a series of factors are established related to horizontal and vertical alignment, traffic level of service, roadside safety, drainage, etc. A "Road Sufficiency Index" greater than 75 will disqualify the project from COMRIF funding. 2.0 CLARINGTON'S HIGHEST PRIORITY 2.1 A careful review of needs within Clarington reveals an important opportunity to improve public safety in the East Beach Road area. In the event of an emergency, this community could benefit significantly from a secondary access route. A new road north of East Beach Road will fulfil the function of a secondary and emergency access route, and it is for this reason that we respectfully propose that this project be deemed as Clarington's highest priority according the COMRIF Two funding criteria. 3.0 MUNICIPAL ROADS 3.1 The road pattem in the Port Darlington Neighbourhood presently identifies only one road, Port Darlington Road, which is capable of handling normal traffic operations and providing emergency access. In the interests of public safety, a second access is essential. This was highlighted by the incident of November 10, 2004 during the explosion and fire at the Caledon Propane Storage Yard. East Beach Road was used to evacuate approximately 500 people from the area. I I I I I I I I I I I I I I I I I I I REPORT NO.: EDG-32-oS PAGE 4 Should the emergency situation have occurred under other circumstances, such as during severe snow or rainstorm conditions, it is possible that East Beach Road would have been blocked or may even have experienced washout from flooding of Bennett Creek. Similarly, Port Darlington Road being in proximity to the Soper Creek flood plain, could experience flooding. It also has a level crossing with CN Rail which could be blocked by a stopped or disabled train. In addition the road intersects a hydro corridor with twin tower transmission lines which could create problems if damaged by heavy ice, for example. These are compelling reasons to look at an opportunity to improve public safety through the provision of an improved secure two-way access. It is estimated that the cost to provide this secondary access route is approximately $725,000 of which the Municipality would be responsible for $255,000 to be provided for under the Engineering Services 2006 Capital Budget process. Attachments: Attachment 1 - Project Identification Map I . I I I I I I I I I I I I I I I I I I "'pOocumolll:(C.~SPRO.E<:T$'lI2.~lJII1!lo~""""'9\1i-2tl15-Ol11<.~F'I...""') i I " I au... at f~! I ..~... g. f PlI u.......~ ...... In" ~~ i!ilil ~!'l !;~ ..... .'. "u( ~i~.i.~ "'c . Oz "Gl .. Od" . z .. ,,~ . / ~.C,. '--1-~.f Dio.....t' ,.------r-..,---"'- ..J ,: ....Ional RcI14. ' ~lI'lon.Av AY ........111 . r l i~ .' ..... Carl..rap.lIt , HaI_ at Lam'" ReI ~ ill III ~ II )> ;!l II II! n ~ :z: ~ !I: m !'l z Gl -l . .. ~ w !' z ~ p i .. ...