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HomeMy WebLinkAbout03/21/2005 . . . C!!!['!!J~10n Council Meeting Minutes March 21, 2005 Minutes of a regular meeting of Council held on March 21,2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Also Present: Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Carauna Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano Chief of Emergency & Fire Services, G. Weir Administrative Assistant to the Clerk, C. Tennisco Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Pingle stated a pecuniary interest with respect to Report #5 - Confidential Verbal Report of the Solicitor. MINUTES Resolution #C-119-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on February 28,2005, be approved. "CARRIED" . . . Council Meeting Minutes .2. March 21, 2005 PRESENTATION a) Shane Harbinson, OVERT was called but was not present. DELEGATIONS a) Linda Lyons, YWCA Women of Distinction Committee 2005, announced YWCA Durham is celebrating their 60th Anniversary in Durham Region and submitted to Council nomination forms for the 23rd Annual Women of Distinction Awards; their premier fundraising event. The presentation of the Awards of Distinction reflect the YWCA's commitment to increasing public awareness of the significant contributions of women to the community. All Nominees and their Nominators will be invited to the Nominee's Tea being held on April 21,2005. The Women of Distinction Awards Dinner will be held at the Deer Creek Golf and Country Club on May 12, 2005. In closing, Ms. Lyons stated the deadline for nominations is March 31,2005. b) Adela Pugliese, requested Council install a four way stop at the intersection of Boundary Road & Old Scugog Road. Ms. Pugliese stated though the intersection does not have a high volume of traffic, traffic and residents using this road are in danger. The intersection is a school bus stop for the children in the area and the safety of these children is a major concern. Motorized vehicles, such as ATVs constantly proceed through the intersection without stopping. COMMUNICATIONS Resolution #C-120-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT the communications to be received for information be approved as per the agenda, with the exception of Items I - 15, I - 28, I - 34, I - 38, and I - 42. "CARRIED" I - 1 F11.GE Sandra Crandall, President, Canadian Association for Disabled Skiing in Durham Region (CADS), thanking Council for supporting the program for disabled skiers. 1-2 F11.GE Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington thanking the Municipality of Clarington for providing the Agency with a Municipal Grant of $2,000.00. As a charitable organization they rely heavily on the support of the community and appreciate both the donation and well wishes. . Council Meeting Minutes March 21, 2005 -3- COMMUNICATIONS 1-3 F11.GE 1-4 F11.GE 1-5 L 11.PR 1-6 A01.AM . 1-7 T08.GE 1-8 M04.GE 1-9 C06.AG I - 10 C06.MU I - 11 A01.TY 1-12 . A01.PH 1-13 C06.AC Marilyn Cole, Campaign Officer, Friends of Second Marsh, thanking Council and Joe Caruana, the Director of Community Services Department, for the grant of $500,00. The donation will go to towards the Great Lakes Wetlands Centre project. Kaye Quinney, Treasurer, Clarington East Economic Support, on behalf of the Board of Directors of the Clarington East Food Bank, expressing their sincere thanks to the Municipality of Clarington for their support and the grant of $1 ,500.00. The Honourable Dalton McGuinty, Premier of Ontario, submitting a copy of his remarks to the Ontario Legislature on February 17, 2005 regarding the $23 billion gap between what the federal government collects from Ontarians and what it returns to our province on behalf of Ontarians. Association of Municipalities of Ontario advising The Honourable Dalton McGuinty, Premier of Ontario acknowledged municipal concerns with the Ministry of Finance's February 21,2005 announcement on the CRF, and committed to revisiting the decision. Bev Oda, MP, Durham, congratulating the Municipality of Clarington on their application to the Canada-Ontario Municipal Rural Infrastructure Fund. The Roadway Structure Upgrades in Bowmanville would be a valuable improvement for transportation within Durham. W.J. Fry, Executive Director, John Howard Society, advising the Municipality of Clarington they have been chosen to receive the "Am Greene Merit Award - Honorary Life Membership", in honor and recognition of devoted and meritorious service to the community and to the humanitarian interest in criminal justice. Minutes of the Clarington Agricultural Advisory Committee meeting dated January 13, 2005. Minutes of the Clarington Museums and Archives Board meeting dated February 9, 2005. Minutes of the Village of Tyrone and surrounding Community Centre meeting dated February 16, 2005. Minutes of the Physician Recruitment Committee meeting dated February 24, 2005. Minutes of the Clarington Accessibility Advisory Committee meeting dated March 3, 2005. . . . Council Meeting Minutes -4- March 21, 2005 COMMUNICATIONS I - 14 D02.GE 1- 16 E05.GE 1-17 E05.GE 1- 18 S08.GE 1- 19 DOO.GE 1-20 DOO.GE 1-21 E05.GR 1-22 A03.GE 1-23 A01.0N 1- 24 E05,VE John O'Toole, MPP, Durham, following up and offering his support to Mayor Mutton and Council on the matter of locating an ethanol plant in Durham Region. The Regional Municipality of Durham announcing notification of an upcoming Notice of Study Commencement - Class Environmental Assessment (EA) study for the provision of additional waste water treatment capacity to handle future flows from the Bowmanville Urban Area. The Regional Municipality of Durham, Works Department, providing the 2004 Annual Water Quality Reports. Dr. Reynolds, Associate Medical Officer of Health, Regional Municipality of Durham, submitting a revised label for the middle graph on page 6, of the Region's Snapshot on Sexually transmitted Diseases previously issued in February 2005. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, enclosing a copy of the new Provincial Policy Statement (PPS) effective March 1, 2005 which coincides with the effective date of Section 2 of the Strong Communities (Planning Amendment) Act, 2004. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing advised that respecting the new Provincial Policy Statement (PPS), the Minister's Regulation (Ontario Regulation 63/05) has been filed. The Honourable John Gerretsen, Minister of Municipal Affairs and Housing submitting a copy of the Greenbelt Plan. Dan Fortin, President, IBM Canada Ltd., providing results of an internal survey of their economic and social impact in the Greater Toronto Area. Bryan Clarke, Chief Administrative Officer, Association of Ontario Road Supervisors, in cooperation with the Asphalt Emulsion Association Ontario, inviting the Municipality to "The 2005 Travelling Road Show- The Road to "Savings". Veridian Corporation, News Release respecting its 2004 Financial Results. . Council Meeting Minutes March 21, 2005 -5- COMMUNICATIONS 1-25 P14.GE S08.GE 1-26 M02.GE 1-27 L 11.GE . 1- 29 F05.GE 1-30 ROO.GE 1-31 E05.GE D03.GE 1-32 P04.GE . Beverly Stevenson, Allnformation Officer, Rabies Research and Development Unit, Ministry of Natural Resources advising that the province has started its annual wildlife rabies control operations for 2005. The ministry is committed to the research, control and eradication of rabies in Ontario, thereby protecting the health and safety of the public, their pets and the wildlife of this province. Robin Garrett, Assistant Deput~ Minister/President and CEO, Ontario Exports Inc., introducing the 7t Annual Ontario Global Traders Awards ceremony and Export Forum to be held on April 14, 2005 at the Deer Creek Golf & Banquet Facility, Ajax. Ministry of Consumer and Business Services News Release reminding merchants and shoppers that the Retail Business Holidays Act, states both Good Friday, March 25, 2005 and Easter Sunday, March 27, 2005 are among the eight days annually when most stores must be closed. Retail operations such as book or magazine stores under 2,400 square feet with a maximum of three employees, pharmacies under 7,500 square feet, flower shops and gas stations are among exempted businesses. Federation of Canadian Municipalities announcing the Government of Canada committed to the New Deal - a $600 million commitment in gas tax revenue to be shared by municipal governments in Canada and a long-term relationship with the municipal sector. Bev Billings, Public Health Nurse, Member of Durham Region Community Garden Network, the Regional Municipality of Durham, submitting a copy of the "Come Grow With Us" pamphlet which promotes community gardens and the "Durham Region Community Garden Network". Dr. Peter Brown, Director, Uranium and Radioactive Waste Division, Natural Resources Canada, clarifying the intent of the Crown regarding Property Purchased under the PHAI. At this time, they intend only to transfer title. Industry Task Force II advising that Health Canada's Pest Management Regulatory Agency (PMRA) has concluded that "the use of 2,4-D and its end-use products to treat lawns and turf does not entail an unacceptable risk of harm to human health or the environment." PMRA also determined the potential exposure for children and adults contacting treated residential lawns and golf courses was within acceptable standards. . . . Council Meeting Minutes -6- March 21, 2005 COMMUNICATIONS 1-33 E05.GR 1-35 F11.GE 1-36 A01.CE 1-37 C14.GE 1-39 C10.MO 1- 40 C10.MO P17.GE The Honourable John Gerretsen, Minister of Municipal Affairs and Housing announcing that the Greenbelt Act, 2005 received Royal Assent on February 24, 2005. Richard Stephenson, Chair, Assessment Review Board, advising that the 2003-2004 Annual Report of the Assessment Review Board has been released and is available on the website www.arb.qov.on.ca. J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, providing the publication of their "2004 Year In Review". Pat Madill, Regional Clerk, The Regional Municipality of Durham, submitting a copy of By-law #85-2004. At a meeting held on February 9, 2005 Regional Council were advised that "By-Iaw #85-2004, a by-law to transfer all of the lower-tier power relating to public transportation systems, other than highways, to the Region from all of its lower-tier municipalities" received the triple majority required. The By-law is now in effect as of February 7, 2005. Debbie Leroux, Deputy Clerk, Township of Uxbridge, advising that at a meeting held on February 14, 2005 their Council passed the following resolution regarding Sound-Sorb Concerns: "THAT Council supports the resolution of the Municipality of Clarington forwarded to the Province of Ontario concerning the spreading and/or storage of paper fibre biosolids or products derived from them." Pat Madill, Regional Clerk, Regional Municipality of Durham, copying correspondence to Chief McAlphine, Durham Regional Police Service advising that at a meeting held on March 2, 2005 Regional Council passed the following resolution regarding a Photo Radar Resolution #2005-W -16: "a) THAT the Commissioner's Report #2005-W-16 be received for information; b) THAT copies of Commissioner's Report #2005-W-16 be forwarded to: i) The area municipalities; and ii) The Durham Regional Police Service; and . . . Council Meeting Minutes -7- March 21, 2005 COMMUNICATIONS 1-41 C10.MO 1- 43 A01.FE c) THAT the Durham Regional Police, with representation from Works, Legal and Finance Departments, and Area Municipalities, form a working group to address issues related to the potential implementation of photo radar speed enforcement/red light cameras in Durham Region." J.D. Leach, City Clerk, City of Vaughan, advising that at a meeting held on February 14, 2005 their Council passed the following resolution regarding Bill 135 - The Greenbelt Act: "The Council of the Corporation of the City of Vaughan requests that the Boyd Conservation Area "Boyd Park" south of Rutherford Road and west of the original road allowance between Concessions 6 and 7, in the City of Vaughan be included in the Greenbelt Plan; THAT the Council of the Corporation of the City of Vaughan supports the infrastructure policies within the Draft Greenbelt Plan which recognize that existing infrastructure in the Greenbelt must be maintained, and may be expanded, and new infrastructure will be permitted in order to serve the existing and permitted land uses within the Greenbelt and surrounding the Greenbelt; AND THAT the Province of Ontario, the Provincial Minister of Municipal Affairs and Housing (Hon. John Gerretsen), MPP Mario Racco, MPP Greg Sorbara, the Provincial Opposition Critic of Municipal Affairs (MPP Tim Hudak), the TRCA, the Region of York and all other municipalities affected by Bill 135 be advised of this resolution immediately." Federation of Canadian Municipalities affirming that in the 2005 Budget, the government demonstrated it confidence and support of the Green Municipal Funds (GMF) by contributing an additional $300 million which will be targeted towards loans for brownfields remediation and development. . Council Meeting Minutes -8- March 21, 2005 COMMUNICATIONS 1-15 A01.AM F05.GE Association of Municipalities of Ontario announcing that the 2005 Federal Budget includes an initial $224 million in gas tax revenue sharing for Ontario's municipalities in 2005/06, a commitment to renew and extend existing infrastructure programs, and limited additional spending on immigration settlement. Resolution #C-121-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item I - 15 be received for information. 1-28 F11.GE . "CARRIED" GTAH Mayors & Regional Chairs Group News Release advising that on February 18, 2005 they voted in support of the intent of the Town of Richmond Hill's resolution to withhold its share of Regional Pooling Costs, $15,660,000 in the 2005 Regional levy. The GTAH Mayors and Chairs aim to bring attention to the problems inherent with GTA Pooling Costs. Resolution #C-122-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the GTAH Mayors & Regional Chairs Group be advised the Municipality of Clarington endorsed the Town of Richmond Hill resolution at a meeting of Council held on February 28, 2005. 1-34 F11.GE "CARRIED" Michael Scott, Executive Director, Oak Ridges Moraine Foundation, submitting a copy of correspondence to Jim McMillen, Regional Councillor, Chair, East Cross Forest Implementation Team advising that the Team approved a grant in the amount of $608,000 for the Protection of the East Cross Forest Project. Resolution #C-123-05 Moved by Councillor Trim, seconded by Councillor Robinson . THAT Correspondence Item 1- 34 be received for information. "CARRIED" . Council Meeting Minutes -9- March 21, 2005 COMMUNICATIONS 1-38 C10.MO Pat Madill, Regional Clerk, Regional Municipality of Durham, advising that at a meeting held on February 15, 2005 their Council passed the following resolution regarding the Slow Moving Farm Vehicle Signage on Regional Roads: "THAT Report #2004-J-48 of the Commissioners of Planning and Works, and the subsequent resolution passed by Regional Council on December 15, 2004 which reads as follows: i) THAT the Works Department install 'Slow Moving Farm Vehicle' signs at rural municipal boundary points and at strategic urban-to- rural transition areas on the Regional Road system; and ii) THAT the Works Department staff work with Durham Agricultural Advisory Committee to determine the appropriate locations for up to 50 signs,' be forwarded to the eight area municipalities for their information and opportunity to confer with the appropriate Regional staff and representatives." . Resolution #C-124-05 Moved by Councillor Robinson, seconded Councillor Schell THAT Correspondence Item 1- 38 be referred to the Clarington Agricultural Advisory Committee. "CARRIED" 1-42 C10.MO J.D. Leach, City Clerk, City of Vaughan, advising that at a meeting held on February 16, 2005 their Council passed the following resolution regarding Greater Toronto Area Pooling Social Service Costs: 'Whereas the City of Vaughan and other municipalities in the GTA are also experiencing significant budgetary pressures; And Whereas GT A Pooling amounts to taxation without representation on the property owners of the City of Vaughan; . And Whereas the Regional Municipality of York, Region of Durham, Region of Halton and the Region of Peel all forward significant funds to the Province to fund social service costs in Toronto through GTA pooling; . . . Council Meeting Minutes -10- March 21, 2005 COMMUNICATIONS And Whereas GTA pooling represents twenty-four (24) municipalities within these four (4) Regions who are required to collect local property tax dollars and forward them to the Province for use by the City of Toronto; And Whereas Social Housing and Social Assistance costs should be more appropriately funded by the Province and not through property taxation; Now Therefore be it resolved that the City of Vaughan supports in principle the actions of the Town of Richmond Hill to draw attention to the GTA pooling issue; That the Province of Ontario, through consultation with the local and regional GTA municipalities eliminate GTA Pooling; That the Province take further steps to remove funding for the implementation of provincial social policies from property taxation. And that a copy of this resolution be forwarded to the Premier of Ontario Dalton McGuinty, the Honourable Greg Sorbara, Minister of Finance, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, local Members of Provincial Parliament, the Association of Municipalities of Ontario, the Regional Municipalities of York, Durham and Halton and all local GTA municipalities." Resolution #C-125-05 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the resolution of the City of Vaughan regarding Greater Toronto Area Pooling Social Service Costs be endorsed by the Municipality of Clarington. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-126-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 4 and D - 10 to D - 23, inclusive. "CARRIED" . . . -11- March 21, 2005 Council Meeting Minutes COMMUNICATIONS D - 1 M02.GE D-2 M02.GE D-3 D14.GE D-5 D14.GE D-6 M02.GE Paul Siemon, Hands in Motion, requesting permission to hold the Clarington Terry Fox Run to be held on September 18, 2004 from 7:00 a.m. until 2:00 p.m. The insurance coverage is the same as in 2004 and the route will be marshalled to ensure participant safety. The only road closure will be Baseline Road at Liberty Street East until Lambs Road and from there until Highway #2. The event will raise funds to aid in cancer research. (Approved provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Joan Paul, Secretary, Kendal Community Centre, requesting Council's approval to hold the its 2nd annual parade, on "Kendal Day" Saturday, July 23, 2005. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Dan Strike, Strike, Salmers and Furlong, requesting Council to waive the fee for a Zoning By-law Application. Mr. Strike states Mark Tomina, owner/operator of the driving range at Highway #2 and Hancock Road, has been granted temporary re-zoning since 1998. The temporary use expires April 2, 2005. Due to Greenbelt Legislation and the continued uncertainty of the location of the 407/401 connection road, Mr. Tomina's only option is an extension of his temporary use permit. (Correspondence referred to the Director of Planning Services) Kim Martin, homeowner, addressing Council in regards to the proposed zoning change on Aspen Springs Drive in the Aspen Springs subdivision. Kim Martin is opposed to this zoning change due to traffic, property devaluation, and school population concerns. (Correspondence referred to the Director of Planning Services) William Harford, Chair, Day of Mourning Committee, Durham Region Labour Council, requesting Council to proclaim Wednesday, April 28, 2005, as "Day of Mourning" in recognition of workers killed, injured or disabled on the job and that flags be lowered on Municipal Buildings in honour of those killed at the workplace. (Proclaimed and permission granted to lower the flags at municipal buildings) . . . Council Meeting Minutes -12- March 21, 2005 COMMUNICATIONS D -7 M02.GE D-8 M02.GE D-9 P15.GE D-4 S08.GE Connie Vail, Public Health Nurse, Durham Region Health Department, requesting Council assistance to aid in the awareness of ATV safety and declare the week of May 9th to May 15th, 2005 as "ATV Safety Week". The campaign will include media information, distribution of resources in the community and a community event in the Ganaraska Forest. (Proclaimed) Sally Barrie, Administrator, Community Care Durham, Clarington, requesting Council to declare June 2, 3, and 4, 2005 as "Community Care Tag Days". The annual event is a key role in the fundraising efforts to assist local Community Care programs. (Proclaimed) Paul Temple, Sr. Vice President, Corporate Development, Pelmorex Communications Inc., requesting a letter of support for Pelmorex's All Channel Alert service, an emergency warning system for Canadians to alert communities of impending local emergencies threatening life or property with a television broadcast message. ACA will provide a vital tool in emergency preparedness strategy. (Correspondence referred to the Chief of Emergency & Fire Services) Billie Grozell, a concerned citizen, submitting correspondence to Council respecting Strathaven Retirement and Nursing Facility, Bowmanville. Resolution #C-127-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 4 be referred to the Municipal Law Enforcement Division. D - 10 M02.GE "CARRIED" John Gerretsen, Minister Responsible for Seniors, requesting the proclamation of month of June, 2005 as "Seniors' Month" and to participate in the 2005 Senior of the Year Awards to honour one outstanding local senior. Recipients are individuals, who after age 65, have enriched the social, cultural or civic life of the community, without thought of personal or financial gain. The nominations close May 27,2005. . . . Council Meeting Minutes -13- March 21, 2005 COMMUNICATIONS Resolution #C-128-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the month of June 2005 be proclaimed as Seniors Month in the Municipality of Clarington; and THAT AI Strike be nominated for the 2005 Senior of the Year Award for his involvement in the community. "CARRIED" D - 11 M04.GE Dr. Marie Bountrogianni, Minister of Citizenship and Immigration, inviting community organizations to participate in Ontario's volunteer recognition programs for 2005. The programs are: . The Ontario Volunteer Service Awards which recognize volunteers for continuous service with a community group . The Outstanding Achievement Awards for Voluntarism in Ontario which recognize superlative volunteer work by individuals, groups or businesses . The Ontario Medal for Young Volunteers which is presented to young volunteers between the ages of 15 and 24 years in recognition of their outstanding achievements. Resolution #C-129-05 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Wallace Boughen be nominated for the Ontario Volunteer Service Ward; and THAT the Outstanding Achievement Award for Voluntarism and the Ontario Medal for Young Volunteers be referred to staff. "CARRIED" D - 12 C12.NE Valentine Lovekin, Barrister & Solicitor, Newcastle BIA, confirming the members on the executive and requesting Council to ratify the Executive as follows: Karen Bastas Ron Hope Joan Kimball Valentine Lovekin Christine Meredith Viveca Rupa Charlie Trim (The New Massey House Restaurant) (Stedmans/Sears/Hope Video) (Newcastle Card & Gift Shop) (Barrister & Solicitor) (Newcastle Flowers) (David & Alexander) (Clarington); and . Council Meeting Minutes -14- March 21, 2005 COMMUNICATIONS As a result of the AGM, five standing committees were formed; each member of the executive, with the exception of the Council appointee and the Chairman, chairs a standing committee: Downtown Protection & Safety Urban Planning Advertising Special Events Sesquicentennial Ron Hope Viveca Rupa Christine Meredith Karen Bastas Joan Kimball; and Treasurer and Mary Wilson (re-appointed); Ad hoc Finance Committee Dwight Hickson Mark Hendrikx Mary Wilson. Resolution #C-130-05 . Moved by Councillor Schell, seconded by Councillor Robinson end THAT the Newcastle BIA elected Executive Members be endorsed by the Municipality of Clarington. "CARRIED" D -13 C10.MO William Roberts, CAO/Clerk, The Corporation of the Town of Hanover, advising that at a meeting held on February 28, 2005 their Council passed the following resolution regarding Policing Costs: "WHEREAS policing costs are getting beyond the ability to pay for most municipalities in Ontario; AND WHEREAS the majority of police budgets are made up of salaries and benefits; AND WHEREAS the OPP wage and benefit settlements are the benchmark for other municipal police forces in the Province of Ontario; . AND WHEREAS no municipal politicians take part in the salary negotiations for the Ontario Provincial Police; . . . Council Meeting Minutes -15- March 21, 2005 COMMUNICATIONS AND WHEREAS the salary and benefit settlements for the OPP have a direct impact on the local municipal policing costs; AND WHEREAS there continues to be inequities on how municipalities are treated in terms of capping on police costs and reconciliation through the Community Reinvestment Fund; NOW THEREFORE BE IT RESOLVED that the Council of the Corporation of the Town of Hanover request the following: 1. That a representative from the Association of Municipalities of Ontario be allowed to take part in salary deliberations between the Province of Ontario and the Ontario Provincial Police. 2. That the financial burden of policing to municipalities be looked at as part of the Community Reinvestment Fund (CRF) review by the Province of Ontario. BE IT FURTHER RESOLVED that the Town of Hanover hereby requests all Ontario municipalities to endorse this request and provide confirmation of said support to Premier Dalton McGuinty; Greg Sorbara, Minister of Finance; Monte Kwinter, Minister of Community Safety and Correctional Services; your local MPP and the Association of Municipalities of Ontario." Resolution #C-131-05 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D - 13 be received for information. "CARRIED" D -14 C10.MO Patricia Bergeron, Clerk-Treasurer, Municipality of Tweed, advising that at a meeting held on January 18, 2005 their Council passed the following resolution regarding COMRIF Program: "THAT the Municipality of Tweed petition the provincial and federal governments to allow municipalities to use the pre- engineering studies that were carried out prior to the announcement of the COMRIF program, and further that a copy of this resolution be forwarded to M.P. Daryl Kramp, M.P.P. Leona Dombrowsky, and the Association of Municipalities of Ontario for circulation to all municipalities in the Province for support. " . . . Council Meeting Minutes -16- March 21, 2005 COMMUNICATIONS Resolution #C-132-05 Moved by Councillor Schell, seconded by Councillor Trim THAT resolution of the Municipality of Tweed regarding the COMRIF Program be endorsed by the Municipality of Clarington. "CARRIED" D-15 C10.MO Martin deRond, Director of Legislative & Information Services/Town Clerk, Town of Ajax, advising that at a meeting held on February 28, 2005 their Council passed the following resolution regarding GT A/905 Healthcare Alliance: "Whereas, the fair and just distribution of public resources is a principle that should guide government decision-making; Whereas, the GTA/905 Regions of Durham, Halton, Peel and York ("the GTA/905 Regions") have been and will continue to be the fastest growing regions in Ontario, collectively growing at twice the provincial rate of growth by adding more than 90,000 new residents each year; Whereas, each year until at least 2011, the GTA/905 Regions will welcome and accommodate almost half of Ontario's annual growth in population; Whereas, each year until at least 2011, the GTA/905 Regions will experience a rate of growth in its population of seniors at twice the provincial growth rate of seniors; Whereas, the GT AI 905 Regions collectively receive only three- quarters of the age-weighted per capita funding for total health care services when compared to 33 reqions across Ontario (resulting in a funding gap of $866 million in annual funding that includes $545 funding gap for hospitals and $60 million funding gap for CCACs); Whereas, the GT A/905 Regions comprise more than 40 per cent of the Priority and Emerging Urban Centres as identified by the Ontario Government's 2004 report PLACES TO GROW. Better Choice. Brighter Future. A Growth Plan for the Greater Golden Horseshoe, Discussion Paper; . . . Council Meeting Minutes -17- March 21, 2005 COMMUNICATIONS Whereas, the GT A/905 hospitals are, on average, some of the lowest cost providers of the five health care services being targeted by the Ontario Government for reduction in wait times; Whereas, the GT A 1905 Regions will collectively contribute more than $570 million each year in Health Premium revenue to Provincial coffers (once fully implemented for 2005/06) making up 26 per cent of $2.2 billion in Health Premium Revenue being collected from Ontario residents; Whereas, the GTA/905 are facing a collective funding short-fall of $88 million for 2004/05 and a deficit forecast of $126 million for 2005/06 which will require a significant reduction in health care services for the GTA/905 Region, layoffs of nursing and other staff and increased wait times for many important health care services; Whereas, the Government of Ontario has received over $800 million in new health care funding from the Federal Government and stands to receive an additional $1.2 billion in the 2005/06 fiscal year; Whereas, the provision of health care and treatment close to home for the more than three million residents living in the GT A/905 Regions is consistent with improving access to care and contributes to improved quality of care; Whereas, the building of hospital infrastructure and the purchasing of medical equipment and health care technology is essential for providing effective health care in GTA/905 communities; THEREFORE BE IT RESOLVED that The Corporation of the Town of Ajax demand that the Ontario Government IMMEDIATELY address the 2004/05 funding shortfalls of $88 million for GTA/05 hospitals providing care for GTA/905 residents; BE IT FURTHER RESOLVED that, given the Ontario Government's creation of Local Health Integrated Networks (LHINs), and the need to more equitably allocate health care . . . Council Meeting Minutes -18- March 21, 2005 COMMUNICATIONS funds to regions across Ontario, the Ontario Government make it a priority to create and use a population, needs-based funding formula for LHINs, that reflects: - current population, future population growth and aging - the increased costs of providing health care services in rural areas, and - the increased costs of multi-site health care organization AND BE IT FURTHER RESOLVED that the Provincial Government make legislative/regulatory changes so that revenue generated by municipalities/regions through Development Charges can be used to support the construction/renovations of hospitals. AND THAT this Resolution be shared with Premier McGuinty, Minister Sorbara and Minister Smitherman." Resolution #C-133-05 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the Town of Ajax be advised of Council's resolution in this regard (Item #18 of Report #1). "CARRIED" D - 16 Debbie Leroux, Deputy Clerk, Township of Uxbridge, advising that at a meeting held on February 14, 2005 their Council passed the following resolution regarding Aggregate Extraction Royalties: "WHEREAS the Aggregates Act in 1990 established a royalty for lower tier municipalities of 4 cents per tonne to be paid to the host municipality each year based on the annual tonnage extracted in that particular municipality; AND WHEREAS the royalty has not changed since 1990 notwithstanding the fact that inflation has dramatically increased the cost of road construction and maintenance and the provision of other essential services for which this royalty was intended to assist municipalities; AND WHEREAS the royalty presently paid to upper tier municipalities and for the rehabilitation of abandoned pits has also not been increased. . . . Council Meeting Minutes -19- March 21, 2005 COMMUNICATIONS NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. THAT the Council of the Corporation of the Township of Uxbridge hereby formally requests that the Ministry of Natural Resources review and amend the royalty payment of 4 cents, which lower tier municipalities have received for more than a decade, and that this royalty be increased by 5 cents and further that this amendment be in place for the beginning of the year 2006. 2. THAT the Ministry of Natural Resources also review and increase the royalty payment for upper tier municipalities and for the rehabilitation of abandoned pits. 3. THAT a copy of this motion also be sent to the Honourable David Ramsay MPP and the Honourable Wayne Arthurs MPP, the Honourable Garfield Dunlop MPP, the Honourable Jerry Ouellette MPP, the Honourable Frank Klees MPP, the Honourable Julia Munro MPP, the Honourable Jim Flaherty MPP and the Region of Durham, the Municipality of Clarington, the Townships of Brock, Scugog and Ramara and the Towns of East Gwillimbury, Georgina, Whitchurch-Stouffville and Caledon, and the Association of Municipalities of Ontario with a request for their support." Resolution #C-134-05 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the resolution of the Township of Uxbridge regarding Aggregate Extraction Royalities be endorsed by the Municipality of Clarington. "CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Declaration of Pecuniarv Interest Yes No Councillor Foster Councillor MacArthur Councillor Pinale Councillor Robinson Councillor Schell Councillor Trim Mavor Mutton -J -i -i -J -J -i -J . . . Council Meeting Minutes -20- March 21, 2005 COMMUNICATIONS D - 17 C10.MO Chief Administrative Officer/Clerk, County of Dufferin, advising that at a meeting held on February 28, 2005 their Council passed the following resolution regarding Gas Tax: "WHEREAS the Liberal Government had promised up to 2 cents per litre gasoline tax rebate to all municipalities; AND WHEREAS the Minister of Finance has recently announced a plan to have a one cent per litre of gas tax going to municipal governments now, increasing to 1.5 cents in 2005 and to 2 cents in 2006; AND WHEREAS the Province has stated that this rebate has now been earmarked solely for those municipalities with public transportation; AND WHEREAS most small rural communities do not have public transportation; AND WHEREAS rural areas have increased traffic flows at higher rates of speed and need more significant repairs more often than urban areas having public transit; AND WHEREAS the gas tax is paid mostly by people who do not use public transit systems, and who will receive little or no benefit for their hard earned contribution from this rebate program; AND WHEREAS the Eastern Ontario Wardens Caucus did request that a fair funding formula be determined for the gas tax allocation in order to allow those municipalities without public transit to derive an equal benefit; THEREFORE BE IT RESOLVED that the Corporation of the County of Dufferin request the Minister of Finance and the Minister of Transportation of the Province of Ontario to develop a new formula for the gasoline tax rebate to municipalities, based on a per lane kilometer of roadway, and for both bus and rail transit systems on a per route kilometer basis; AND FURTHERMORE that a copy of this resolution be circulated for support to AMO for distribution to all municipalities and to Ontario Good Roads Association, Minister of Finance, Minister of Transportation, Premier of Ontario, Ernie Eves, MPP, John Tory, Leader of the Opposition, Howard Hampton, Leader of NDP." . . . Council Meeting Minutes -21- March 21, 2005 COMMUNICATIONS Resolution #C-135-05 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 17 be received for information. "CARRIED" D - 18 C10.MO Leesa Emmerson, Legislative Coordinator, Town of Halton Hills, advising that at a meeting held on February 21, 2005 their Council passed the following resolution regarding Greater Toronto Area Pooling Town of Richmond Hills Portion: 'WHEREAS there is a need for adequate and appropriate funding of social services costs in order for these services to be made available to all in Ontario who are in need; AND WHEREAS the current method of funding social services is through municipal property taxes, which method is regressive and inappropriate; AND WHEREAS municipalities within the Greater Toronto Area (GTA) are obliged to contribute to the funding of social services in the City of Toronto through GTA pooling, resulting in limited funds to provide social services within their own municipalities; AND WHEREAS the payment of such Pooling Costs amounts to taxation without representation on the residents of GTA municipality; AND WHEREAS the Honourable George W. Adams, Q.C. in his facilitation report of 2004 for the Region of Peel and its area municipalities states "Ontario continues as the only province to require municipalities to contribute towards social assistance"; AND WHEREAS the Honourable George W. Adams, Q.C. also states "an elimination or reduction in pooling cost would benefit all taxpayers "The equivalent tax room created could be made available to meet pressing needs throughout Peel and its areas municipal partners"; . . . Council Meeting Minutes -22- March 21, 2005 COMMUNICATIONS AND WHEREAS the Honourable George W. Adams, Q.C. further states that "This would also provide a signal to other municipalities that the Province is listening to their concerns by moving in a direction where there property tax is not the primary source of funding for social programs; NOW THEREFORE BE IT RESOLVED THAT the Town of Halton Hills supports in principle, the original Town of Richmond Hill resolution regarding this motion; AND FURTHER THAT the GTAH Mayors and Chairs respectfully request a meeting with the Minister of Community and Social Services, the Minister of Municipal Affairs and Housing and the Minister of Finance to discuss a framework for moving toward a more appropriate method of funding social services costs in the GTA; AND FURTHER THAT a copy of this resolution be forwarded to the GTAH Mayors and Chairs and the Town of Richmond Hill." Resolution #C-136-05 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the resolution of Town of Halton Hills regarding GreaterToronto Area Pooling be endorsed by the Municipality of Clarington. "CARRIED" D - 19 C10.MO John DeMars, Clerk, St. Clair Township, advising that at a meeting held on February 7, 2005 their Council passed the following resolution regarding Farm Viability: "WHEREAS The Ontario Federation of Agriculture has called on the Provincial and Federal Governments to act in order to solve the problem of farm viability; and WHEREAS many issues that promote farm financial uncertainty are as a result of arbitrary changes to farm safety net programs by the Provincial and Federal Governments; and WHEREAS many more as yet unclear regulatory and administrative rules and requirements have the potential to be cost prohibitive and unworkable; and . . . Council Meeting Minutes -23- March 21, 2005 COMMUNICATIONS WHEREAS programs supporting long standing rural infrastructure have been eliminated or reduced; THEREFORE be it resolved that the Township of St. Clair recognize the real threat to the long term viability of Ontario farmers and request that the governments of Ontario and of Canada to; a. ensure that the implementation and application of nutrient management rules are done in a way that addresses the concerns the farm community has repeatedly raised. b. recognize that environmental benefits provided by farmers offset any need for administrative charges on water taking permits. c. restore confidence of the government/farmer partnership by re- establishing long-term investment in drainage infrastructure. d. immediately implement an action plan to address the farm income crisis. And further be it resolved that this resolution be circulated to all municipalities in Ontario, all members of Parliament in Ontario, all members of Provincial Parliament and to the Ontario Federation of Agriculture, requesting their support and further that the municipalities that endorse this resolution ask their local Ontario Federation of Agriculture Committees to do the same." Resolution #C-137 -05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the resolution of St. Clair Township regarding Farm Viability be endorsed by the Municipality of Clarington and be referred to the Clarington Agricultural Advisory Committee. "CARRIED" . Council Meeting Minutes -24- March 21, 2005 COMMUNICATIONS D - 20 C10.MO Leesa Emmerson, Legislative Coordinator, Town of Halton Hills, advising that at a meeting held on March 8, 2005 their Council passed the following resolution regarding Funding for Smaller Hospitals: "WHEREAS the GTA/905 Regions of Halton, Peel, Durham and York have been and will continue to be the fastest growing regions in Ontario, collectively growing at twice the provincial rate of growth by adding more than 90,000 new residents each year; AND WHEREAS each year until at least 2011, the GTA/905 Regions of Halton, Peel, Durham and York will welcome and accommodate almost half of Ontario's annual growth in population; AND WHEREAS each year until at least 2011, the GTA/905 Regions of Halton, Peel, Durham and York will experience a rate of growth in its population of seniors at twice the provincial growth rate of seniors; . AND WHEREAS the GTA/905 Regions of Halton, Peel, Durham and York collectively receive three-quarters of the age-weighted per capita funding for total health care services when compared to 33 reqions 1 across Ontario (resulting in a funding gap of $866 million in annual funding that includes $545 funding gap for hospitals and $60 million funding gap for CCACs); AND WHEREAS the GTA/905 Regions of Halton, Peel, Durham and York comprise more that 40 per cent of the Priority and Emerging Urban Centres as identified by the Ontario Government's 2004 report PLACES TO GROW: Better Choice. Brighter Future. A Growth Plan for the Greater Golden Horseshoe. Discussion Paper. AND WHEREAS the GTA/905 Regions of Halton, Peel, Durham and York are on average, some of the lowest cost providers of the five health care services being targeted by the Ontario Government for reduction in wait times; . AND WHEREAS the GTA/905 Regions of Halton, Peel, Durham and York will collectively contribute more than $570 million each year in Health Premium revenue to Provincial coffers (once fully implemented for 2005/06) making up 26% of $2.2 billion in Health Premium Revenue being collected from Ontario residents; . Council Meeting Minutes -25- March 21, 2005 COMMUNICATIONS AND WHEREAS the GTA/905 Regions of Halton, Peel, Durham and York are facing a collective funding short-fall of $88 million for 2004/05 and a deficit forecast of $126 million for 2005/06 which will require a significant reduction in health care services for the GTA/905 Region, layoffs of nursing and other staff, and increased wait times for many important health care services; AND WHEREAS the Government of Ontario has received over $800 million in new health care funding from the Federal Government and stands to receive an additional $1.2 billion in the 2005/06 fiscal year; AND WHEREAS the provision of health care and treatment close to home for the more than three million residents living in the GTA/905 Regions of Halton, Peel, Durham and York is consistent with improving access to care and contributes to improved quality of care due to better services coordination from one level of care to another; . AND WHEREAS the building of hospital infrastructure and the purchasing of medical equipment and health care technology is essential for providing effective health care in GTA/905 communities; NOW THEREFORE BE IT RESOLVED THAT the GTA/905 Mayors and Chairs demand that the Ontario Government immediately address the 2004/05 funding shortfalls of $88 million for GTA/905 hospitals providing care for GTA/905 residents; AND FURTHER THAT given the Ontario Government's creation of Local Health Integrated Networks (LHINs), and the need to more equitably allocate health care funds to regions across Ontario, the Ontario Government make it a priority to create and use a population, needs-based funding formula for LHINs, that reflects: . current population, future population growth and aging . the increased costs of providing health car services in rural areas, and . the increased costs of multi-site health care organizations . AND FURTHER THAT the Provincial Government make legislative/regulatory changes so that revenue generated by municipalities/regions through Development Changes can be used to support the construction/renovations of hospitals. . . . Council Meeting Minutes -26- March 21, 2005 COMMUNICATIONS AND FURTHER THAT a copy of this motion be forwarded to AMO and the 905 area municipalities." IComparison EXCLUDES Northern Ontario and regions containing large teaching hospitals having a larger regional responsibility for the provision of health care services Resolution #C-138-05 Moved by Councillor Robinson, seconded by Councillor Trim THAT the Town of Halton Hills be advised of Council's resolution in this regard (Item #18 of Report #1). "CARRIED" D - 21 C10.MO Joanne Savage, Mayor, Municipality of West Nipissing, advising Council that at a meeting held on February 1, 2005 their Council passed the following resolution regarding Hospital Funding: "WHEREAS the West Nipissing General Hospital has made every effort to provide efficient and effective medical services to the residents of West Nipissing; AND WHEREAS the West Nipissing General Hospital has received only a 1 % increase in funding in 2004-2005; AND WHEREAS over the past thirteen years, the total increase in government funding amounted to slightly under 11 %, which is less than 1 % per year; AND WHEREAS the Consumer Price Index during the same period had a percentage increase of 27%; AND WHEREAS larger urban hospitals seem to have benefited from much larger increases over the same period of time; BE IT THEREFORE RESOLVED THAT the Municipality of West Nipissing petition the Honourable George Smitherman, Minister of Health and Long Term Care, to address the funding inequities that exist and renew the provincial Government's commitment to provide effective medical care to rural and northern communities in Northern Ontario; . . . Council Meeting Minutes -27- March 21, 2005 COMMUNICATIONS AND BE IT ALSO RESOLVED THAT a copy of this resolution be forwarded to the Honourable David Ramsay, our Local M.P.P., to the Honourable Rick Bartolucci, Minisiter of Northern Development and Mines, to the Association of Municipalities of Ontario and to the Federation of Northern Ontario Municipalities enlisting their support in this matter." Resolution #C-139-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Municipality of West Nipissing be advised of Council's resolution in this regard (Item #18 of Report #1). "CARRIED" D - 22 C10.MO Corrie-Jo Caporale, Council Secretary, City of Greater Sudbury, advising Council that at a meeting held on February 24, 2005 their council passed the following resolution regarding National Child Benefit Supplement Claw Back: "2005-82: WHEREAS the National Child Benefit Supplement (NCBS), up to approximately $100.00 a month per child, is meant to give our poorest and most vulnerable children a better chance in life; AND WHEREAS the former Ontario Government, in addition to reducing social assistance entitlements (Ontario Works and ODSP) by 21.6%, began deducting the National Child Benefit Supplement (NCBS) dollar for dollar from these families, rendering them unable to achieve an adequate standard of living; AND WHEREAS the Provincial Liberal Government continues the National Child Benefit Supplement (NCBS) claw back, and has made a commitment to review this practice; AND WHEREAS one in five children in Ontario live in poverty and entitlements for social assistance recipients fall far below the estimated net liveable income threshold; THEREFORE BE IT RESOLVED THAT the Greater Sudbury City Council call on the Ontario Government to stop the National Child Benefit Supplement claw back; . . . Council Meeting Minutes -28- March 21, 2005 COMMUNICATIONS AND FURTHER BE IT RESOLVED THAT a copy of this resolution be sent for action to the Honourable Dalton McGuinty, Premier; the Honourable Sandra Pupatello, Ontario Minister of Community & Social Services; the Honourable Marie Bountrogianni, Ontario Minister of Children & Youth Services; the Honourable John Gerretsen, Ontario Minister of Municipal Affairs & Housing; and for endorsement to the Association of Municipalities of Ontario; and all Ontario municipalities with populations greater than 50,000." Resolution #C-140-05 Moved by Councillor Trim, seconded by Councillor Foster THAT the resolution of the City of Greater Sudbury regarding National Child Benefit Supplement be endorsed by the Municipality of Clarington. "CARRIED" D - 23 Confidential Legal Matter Resolution #C-141-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Confidential Correspondence Item D - 23 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report- March 7. 2005 Resolution #C-142-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of March 7, 2005, be approved with the exception of Item 6 and Item 10. "CARRIED" . . . Council Meeting Minutes -29- March 21, 2005 REPORTS Item #6 of Report 1 Resolution #C-143-05 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-033-05 be received; THAT the rezoning application submitted by Durham Christian Academy be approved and that the proposed Zoning By-law contained in Report PSD-033-05 as Attachment 2 be passed; THAT a By-law be passed to remove the "(H) Holding" symbol at such time as the applicant has satisfied the provisions of Section 23.4.3 of the Clarington Official Plan; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-033-05 and Council's decision; and THAT all interested parties listed in Report PSD-033-05 and any delegations be advised of Council's decision. "CARRIED" Item #10 of Report 1 Resolution #C-144-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Report CLD-07-05 be referred to Report #2 - Addendum to Report CLD-07-05 - Use of Municipal Buildings. "CARRIED" . . . Council Meeting Minutes -30- March 21, 2005 REPORTS Report #2 - Addendum to Report CLD-07-05 - Use of Municipal Buildings Resolution #C-145-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the Addendum to Report CLD-07-05 be received; THAT Report CLD-07-05 be received; THAT the policy addressing Political Activity attached to the Addendum to Report CLD-07-05 as Attachment NO.1 be adopted by Council; THAT this policy apply to the Clarington museum buildings, Clarington Public Library facilities and the Municipal Administrative Centre; and THAT the Boards operating these municipal facilities be advised of the policy and forwarded a copy of the Addendum to Report CLD-07-05. "CARRIED" Reports #4 & #5 - Confidential Verbal Reports of the Solicitor - Legal Matters Resolution #C-146-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the Confidential Verbal Reports of the Solicitor regarding legal matters be referred to the end of the meeting to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-147-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the delegation of Linda Lyons be acknowledged with thanks and be referred to staff. "CARRIED" . . . Council Meeting Minutes -31- March 21, 2005 UNFINISHED BUSINESS Resolution #C-148-05 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the delegation of Adela Pugliese be received; and THAT the request for a four way stop at the intersection of Boundary Road and Old Scugog Road be approved, provided the Township of Scugog is in agreement. "CARRIED" OTHER BUSINESS Reqional Update Councillor Schell, along with Councillor Pingle, attended CLOCA's Purple Woods Maple Festival. This year's event was well attended and enjoyed by all. Councillor Trim congratulated Mayor Mutton on his being elected as the Chair of the Canadian Association of Nuclear Host Communities. Mayor Mutton advised the Region will meet on April 6, 2005 to resume Budget negotiations. Boards & Committees Updates Councillor Foster announced the Clarington Accessibility Advisory Committee will be hosting the Rick Hansen Wheels in Motion event on June 12, 2005. He also announced that Friends of the Second Marsh will be hosting a bicycle rally in near futu re. Councillor MacArthur congratulated the Clarington Minor Midget AAA Toros hockey team who became the first Clarington Midget hockey team to win the Ontario championship. Councillor Robinson advised that Newcastle Town Hall will host an Open House on March 30, 2005 at 7:00 p.m. to address the issue of a Farmers' Market. Councillor Trim announced the Village of Newcastle will celebrate its 150th Anniversary in 2006 - a steering committee will be formed to assist with the celebration. He indicated that the Village of Newcastle Novice hockey team won the All Ontario Championships. . . . Council Meeting Minutes -32- March 21, 2005 OTHER BUSINESS Mayor Mutton expressed his excitement and looks forward to the challenges as the newly appointed Chair for the Canadian Association of Nuclear Host Communities. By virtue of the Mayor's appointment as Chair, the Chief Administrative Officer automatically assumes the SecretarylTreasurer's position. Resolution #C-149-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Rules to Procedure be waived to allow for the introduction of New Business at this time. "CARRIED" NEW BUSINESS Resolution #C-150-05 Moved by Councillor Trim, seconded by Councillor Robinson WHEREAS the Agreement between the Municipality of Clarington, the Municipality of Port Hope and Her Majesty the Queen in Right of Canada represented by the Minister of Natural Resources dated March 29, 2001 ("Legal Agreement"), as amended, states that a preferred option will not be submitted to decision makers without the written consent of the Municipalities to that option, and the Low-Level Radioactive Waste Management Office as Proponent has requested this consent by March 31,2005; AND WHEREAS the Legal Agreement requires both the Municipality of Clarington and the Municipality of Port Hope to consent to the preferred option being submitted for the other municipality's project; AND WHEREAS the Preferred Option for the Port Hope Project as proposed by the Low-Level Radioactive Waste Management Office involves consolidating the waste from Port Hope and the former Hope Township in a new engineered storage mound at the Waste Management Facility located south of Highway 401 and west of Baulch Road; AND WHEREAS Hardy Stevenson and Associates, the Municipality's peer review team, has undertaken a peer review of the Environmental Assessment Study Report for the Port Hope Project and advises that the preferred option will have no effects on the Municipality of Clarington; . . . Council Meeting Minutes -33- March 21, 2005 NEW BUSINESS NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Municipality of Clarington resolves to give its consent to the Low-Level Radioactive Waste Management Office to submit to Federal decision makers, the preferred option for the Port Hope Project as described in "Peer Review of the Port Hope Project Environmental Assessment Study Report", Hardy Stevenson and Associates Ltd., March 2005", and that the Low-Level Radioactive Waste Management Office, Natural Resources Canada, and the Municipality of Port Hope be so advised. "CARRIED" Resolution #C-151-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for ten minutes and convene in "closed" session to discuss Confidential Correspondence Item D - 23 regarding a legal matter and Confidential Verbal Reports of the Solicitor regarding legal matters. "CARRIED" Councillor Pingle stated a pecuniary interest during the "closed" session and refrained from voting on the following resolutions to ratify the actions taken during the "closed" session and to approve the by-laws. Resolution #C-152-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session be ratified. "CARRIED" BY-LAWS Resolution #C-153-05 Moved by Mayor Mutton, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-037 and 2005-045. and that the said by-laws be now read a first and second time: 2005-037 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 2005-038 being a by-law to amend By-law 2003-124 respecting the Orono Community Improvement Project area . . . Council Meeting Minutes -34- March 21, 2005 BY-LAWS 2005-039 being a by-law to adopt Orono Community Improvement Plan 2005-040 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle 2005-041 being a by-law to amend By-law 2003-186 respecting the Bowmanville Community Improvement Project area 2005-042 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Oshawa Clarington Association for Community Living, Oshawa, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON 2005-043 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and John Howard Society, Bowmanville, Ontario, to enter into agreement for the lease space at 132 Church Street, Bowmanville, ON 2005-044 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2005-045 being a by-law to authorize the execution of a lease from the Municipality of Clarington to Aecon Utilities, a division of Aecon Construction Group Inc. Resolution #C-154-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-037 to 2005-045 inclusive, be approved. "CARRIED" CONFIRMING BY-LAW Resolution #C-155-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-046 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 21 st day of March, 2005, and that the said by-law be now read a first and second time. "CARRIED" . . . Council Meeting Minutes -35- March 21, 2005 CONFIRMING BY-LAW Resolution #C-156-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-046 be approved. "CARRIED" ADJOURNMENT Resolution #C-157 -05 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT the meeting adjourn at 9:05 p.m. "CARRIED" (g?Jr!;~ M.A:YOR