Loading...
HomeMy WebLinkAbout11/14/2005 Council Meeting Minutes November 14, 2005 Minutes of a regular meeting of Council held on November 14,2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, 1. Cannella Director of Community Services, J. Caruana (attended until 7:40 p.m.) Director of Planning Services, D. Crome (attended until 7:40 p.m.) Solicitor, D. Hefferon Operations Department, Parks Supervisor, B. Genosko (attended until 7:40 p.m.) Director of Corporate Services, M. Marano (attended until 7:40 p.m.) Director of Finance/Treasurer, N. Taylor (attended until 7:40 p.m.) Director of Emergency Services, G. Weir (attended until 7:40 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 7:40 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Pingle stated a pecuniary interest during the "closed" portion of the meeting. MINUTES Resolution #C-490-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on October 24, 2005, be approved. "CARRIED" Council Meeting Minutes -2- November 14, 2005 DELEGATIONS Glenda Gies appeared before Council regarding Correspondence Item D - 6 and Addendum to Report EGD-050-04. Ms. Gies stated that she is appearing before Council tonight to maintain an open dialogue with Council. In general, she understands the municipality's interests in achieving a waterfront park and would like to work together with the municipality to achieve the goal. She agrees with the relocation of the parking lot to the west side of Port Darlington Road; this will keep the residential area clear. The Port Darlington Harbour Company's remaining land on the east side of the marsh is a mixed use and she notes that she does not know how this will impact the park. Staff's report indicated a proposed volleyball area on the west side which she indicated could draw a fair number of people. Ms. Gies stated that West Beach Road is not capable of carrying a large amount of traffic and that there is not enough parking. She also reminded Council that there are no sanitary sewers on the west side to accommodate washroom facilities. Ms. Gies requested Council to ensure that regular opportunities for discussions occur with the community. PUBLIC MEETING A public meeting was held to consider the passage of the by-law to stop up and close portions of the unopened road allowance between Lot 12 and Lot 13, Broken Front Concession, former Town of Bowmanville. No one spoke in opposition to or in support of this road closure. COMMUNICATIONS Resolution #C-491-05 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda, with the exception of Item I - 1, I - 10, I - 12, I - 14, I - 21 and I - 25. "CARRIED" 1-2 C06.CE Minutes of the Central Lake Ontario Conservation Authority meeting dated October 18, 2005. Council Meeting Minutes -3- November 14, 2005 COMMUNICATIONS 1-3 C10.MO 1-4 SOO. GE 1-5 E06.GE 1-6 C06.KA 1-7 C06.SA 1-8 A01.AM 1-9 F22. GE P.M. Madill, Regional Clerk, Region of Durham, writing to The Right Honourable Paul Martin, Prime Minister and The Honourable Dalton McGunity, Premier and President of the Council, advising that the Region of Durham on October 19, 2005, passed the following resolution: "a) THAT the Province of Ontario be requested to pass or amend legislation to limit liability on municipal, provincial, federal and privately owned lands where trail systems are established; b) THAT the Federal Government be requested to pass or amend legislation to limit liability on unopened railway lines and to agree to maintain any fencing required along these railways lines; and c) THAT the above recommendations be forwarded to the Association of Municipalities of Ontario and the local municipalities for their information." Lakeridge Health, advising that they join other hospitals across the GT A/905 in calling upon the Ontario Ministry of Health to improve local access to hospital services across the GT A/905 by endorsing the recommendations contained in "Places for Care: A Roadmap For Better Hospital Care Close To Home For GTA/905 Residents". Veridian Corporation, advising Council that Veridian staff have traveled to the Miami area to assist with power restoration efforts in south Florida to help them recover from the effects of Hurricane Wilma. Minutes of the Kawartha Conservation meeting dated July 27,2005. Minutes of the Santa Claus Parade meeting dated October 11, 2005. Roger Anderson, President, Association Municipalities of Ontario, providing Council with copies of flyers entitled "Ontario's $3 Billion Provincial Municipal Fiscal Gap... Needs a Solution." Municipal Property Assessment Corporation (MPAC), advising Council that MPAC will work with the Ombudsman's Office during its investigation to deal with any issues or concerns about the assessment process. MPAC officials met representatives of the Omburdsman's office on a number of occasions last June to answer questions about how MPAC ensures that past re-evaluations of assessment are carried forward and reflected in current values. Council Meeting Minutes -4- November 14, 2005 COMMUNICATIONS I - 11 C10.MO 1-13 C10.MO 1-15 SOO. GE 1-16 P16.GE I - 17 P03.GE 1-18 SOO. GE P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on October 19, 2005, passed the following resolution regarding the Arterial Corridor Guidelines Study: "a) THAT Report #2005-J-24 of the Commissioners of Planning and Works be received for information; and b) THAT a copy of Report #2005-J-24 of the Commissioners of Planning and Works be forwarded to the eight area municipalities of Durham." P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on October 19, 2005, passed the following resolution regarding monitoring of growth trends: "a) THAT Report #2005-P-78 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2005-P-78 of the Commissioner of Planning be forwarded to the eight area municipalities, the Durham Regional Police Services, the Durham Regional Police Corporate Planning and Development Unit, the District Health Council and the school boards in Durham." Dr. D.L. Reynolds, Associate Medical Officer of Health and Jason Garay, Epidemiologist, Region of Durham, providing Council with a copy of the Snapshot on Vaccine Preventable Diseases. Bernard Moyle, Fire Marshal of Ontario and Chairperson, Fire Marshal's Public Fire Safety Council, thanking Council for making the Schools Out... Safely Out! Fire drill an overwhelming success. The Ontario-wide educational fire drill held during Fire Prevention Week 2005 exceeded all expectations with over one million students and teachers taking part from over 2100 schools. Paul Zed, Member of Parliament for Saint John, thanking Council for their recent letter regarding the Nuclear Waste Management Organization draft study report. Lakeridge Health providing Council with a copy of the Report to Members October 2005 newsletter. Council Meeting Minutes -5- November 14, 2005 COMMUNICATIONS 1-19 SOO. GE 1-20 SOO. GE 1-22 M02. GE 1-23 E06.GE 1- 24 M02. GE 1- 26 C06.SA 1-27 C06.SA GT A/905 Healthcare Alliance, providing Council with a backgrounder regarding "Places for Care: Towards a Health Care Strategy for High Growth Regions". The four regions of the GTA/905 - Durham, Halton, Pell and York are among the fastest growing regions in Ontario and North America. Since 1996 they have welcomed 106,000 residents each and every year. Population growth in the GT A/905 represents half the annual population growth of Ontario. Lakeridge Health, advising Council that the members of the community may have been contacted by a company representing the Healing Hands Busy Book requesting donations to this publication. Lakeridge Health and the Foundations supporting the Oshawa, Whitby, Port Perry and Bowmanville sites have no affiliation with this publication. Mary Tillcock, Run Day Organizer, Terry Fox Run, advising Council that their 25th Anniversary of Terry's Marathon of Hope has raised over $94,000 for cancer research through the efforts of 1765 participants. Ms. Tillcock gives special thanks to the Operations, Engineering and Community Services Departments, and in particular Fred Horvath, Phil Broome, Ron Baker and Skip Crosby. She also thanks the Clarington Firefighters and the Clarington Board of Trade for their support. George Armstrong, Manager of Regulatory Affairs and Key Projects, Veridian Corporation, advising Council that they plan for a major trial of smart meter technology in the community of Sunderland. The pilot program will permit Veridian and its customers to evaluate new meter technology, and will support the future mass deployment of smart meters. The Ontario government has established a target for the installation of 800,000 smart meters by December 2007, followed by the deployment of smart meters for all electricity consumers by December 2010. Sandy Archibald, Chair, Women on Course Committee, thanking Council for their sponsorship of the 2006 Women on Course Event. In addition to raising almost $4000, the tournament provided the opportunity to raise awareness of breast cancer and the importance of early detection. Minutes of the Santa Claus Parade meeting dated September 12, 2005. Minutes of the Santa Claus Parade meeting dated September 26, 2005. Council Meeting Minutes -6- November 14, 2005 COMMUNICATIONS 1-28 E05.GE 1-29 T05.HW 1-30 A04.GE 1-31 F22. GE 1-32 C06.YO I - 1 M02. GE Mark Mattson, President and Waterkeeper, Lake Ontario Waterkeeper, advising Council that Lake Ontario Waterkeeper has concluded their annual beach monitoring program for 2005. Their data suggests that Lake Ontario's beaches need a lot of help if they are going to be open for citizens next summer and they have provided Council with their concerns. Steve Jacobs, Senior Project Manager, URS Canada Inc., advising Council that the Ontario Ministry of Transportation has retained URS Canada Inc. to undertake a Planning and Preliminary Design Study to examine the future plan for Highway 35 from the junction of Highway 115 northerly to south of Highway 7 in the City of Kawartha Lakes and the Regional Municipality of Durham. This study has determined the ultimate long-term 4-laning vision/strategy for the Highway 35 corridor and the initial strategy to address the need for capacity, safety and operational improvements. Patrick Olive, Commissioner, Economic Development & Tourism Department, Region of Durham, advising that the DurhamYorkRuralUrban Summit will be held on November 29, 2005, at the Mill Run Golf Course in Uxbridge. Debbie Zimmerman, Chair, Municipal Property Assessment Corporation, Board of Directors, providing Council with an update on the mailing of 2005 Assessment Notices to Ontario property owners and to assure Council that they are committed to working with the Office of the Ombudsman in his investigation. Minutes of the Clarington Youth Advisory Committee meeting dated October 19, 2005. Sheila Hall, Membership Services, Clarington Board of Trade, advising Council that they will be making a $300.00 donation to the Bowmanville Memorial Hospital on behalf of Mayor Mutton as a result of his Annual Address to the Board of Trade. Resolution #C-492-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-1 be received for information. "CARRIED" Council Meeting Minutes -7- November 14, 2005 COMMUNICATIONS I - 10 Tim Jones, Mayor, Town of Aurora, providing a copy of a book called "Building Character: A Community's Success Story." York Region is the first municipality in Canada to introduce character living to its communities, and this book has been published based on the success of that initiative. Resolution #C-493-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 10 be received for information. "CARRIED" 1-12 C10.MO P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on October 19, 2005, passed the following resolution regarding the management of abandoned aggregate properties: "a) THAT Report #2005-P-77 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2005-P-77 of the Commissioner of Planning be forwarded to the eight area municipalities, the Durham Environmental Advisory Committee (DEAC), the Durham Agricultural Advisory Committee (DAAC), and the Aggregate Producers Association of Ontario, MAAP Program." Resolution #C-494-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 12 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Council Meeting Minutes -8- November 14, 2005 COMMUNICATIONS Resolution #C-495-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the foregoing Resolution #C-494-05 be amended by adding the following: "THAT Correspondence Item I - 12 be copied to the Clarington Agricultural Advisory Committee." "CARRIED" The foregoing Resolution #C-494-05 was then put to a vote and "CARRIED AS AMENDED." 1-14 R05.GE The Honourable David Ramsay, Minister of Natural Resources, thanking Council for their letter regarding the possibility of reduced day-use entry to Darlington Provincial Park to accommodate Clarington residents who wish to access the Lake Ontario waterfront though the existing park. The park is popular for wildlife viewing, picnicking, hiking, cycling and fishing. As well, it provides a wide variety of camping and day-use services and facilities, including a popular beach, picnic areas, trails and a children's playground among others. These facilities are provide and maintained by the province with no cost to the municipality. He believes that the $10 day-use fee now being charged at Darlington Provincial Park is fair value. The day us permit allows for the entry of a single vehicle regardless of the number of occupants. This provides access to all of the day-use facilities and programs at a very reasonable and low price. He believes that this is a fair and equitable arrangement for all Ontarians regardless of their place of residence, and does not support a lower day-use fee for residents in those municipalities that are nearest to the provincial park. Resolution #C-496-05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 14 be received for information. 1-21 C06.CL "CARRIED" Minutes of the Clarington Traffic Management Advisory Committee meeting dated September 15, 2005. Council Meeting Minutes -9- November 14, 2005 COMMUNICATIONS Resolution #C-497 -05 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-21 be received for information. "CARRIED" 1-25 T04.HW P.M. Madill, Regional Clerk, Region of Durham, writing to the Honourable Dalton McGuinty, Premier and Minister of Research and Innovation, advising that the Region of Durham on October 19, 2005, passed the following resolution: "THAT the following resolution with respect to the ongoing Highway 407 East Completion Environmental Assessment (EA) that is being undertaken by the Ministry of Transportation be endorsed: WHEREAS the implementation of Highway 407 East extension through Durham is a key structural element of the Regional Official Plan and is essential to support the growth and development objectives of the Region; WHEREAS the original Terms of Reference (2003) for the EA called for its completion by the end of 2004; WHEREAS the revised Terms of Reference (2004) for the EA rescheduled the completion date to the end of 2006; WHEREAS with the approval of the Terms of Reference by the Ministry of Environment, the Ministry of Transportation is now working towards a completion date of end of 2008 for the EA; WHEREAS the continual delays in the completion of the EA and the construction of the Highway 407 East extension continue to: . Present barriers to achieving many of the Region's growth objectives and planned development, especially the development of essential employment lands and job opportunities dependent on the implementation of Highway 407 East extension through Durham; . Increase traffic congestion on the Regional road system, affecting the arterial and local road network in the vicinity of the eastern terminus of Highway 407 at Brock Road, and beyond; and . Result in lasting hardship to property owners in the vicinity of the previously recommended alignment for the 407 extension; Council Meeting Minutes -10- November 14, 2005 COMMUNICATIONS NOW THEREFORE BE IT RESOLVED THAT the Council of the Regional Municipality of Durham advise the Provincial Government: . THAT the continual delay in the implementation of the Highway 407 East Extension and the north-south freeway links in Durham is of significant concern, given the implications on growth in the Region; and . THAT the Highway 407 East extension through Durham be expedited, without further delays, including the completion of the ongoing Environmental Assessment, detailed design, and construction, with all necessary funding earmarked at an early stage; AND FURTHERMORE THAT copies of this resolution and Report #2005-J-25 of the Commissioners of Planning and Works be forwarded to the Honourable Dalton McGuinty, Premier of the Province of Ontario; the Honourable Harinder Takher, Minister of Transportation; John Tory, Leader of the Official Opposition of the Province of Ontario; Durham MPPs; and the eight area municipalities in Durham." Resolution #C-498-05 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the resolution from the Region of Durham regarding the Highway 407 East Completion Environment Assessment be endorsed by the Council of the Municipality of Clarington. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-499-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 4 and D - 14 to D - 19, inclusive. "CARRIED" Council Meeting Minutes -11- November 14, 2005 COMMUNICATIONS D - 1 Linda Laliberte, General Manager/Secretary-Treasurer, Ganaraska Region Conservation Authority, providing Council with a copy of their 2006 Preliminary Budget. Ms. Laliberte is requesting comments to be received prior to the December Full Authority meeting which is tentatively scheduled for December 14, 2005. (Correspondence referred to the Director of Finance/Treasurer) D - 2 Ian Macnab, Chief Administrative Officer, Kawartha Conservation, providing Council with the proposed 2006 Operating Budget and Special Benefiting Capital Projects. In support of the operating budget, the Region of Durham levy has been increased by $30,816.00 or 24 cents per $100,000 assessment. The Board of Directors of Kawartha Conservation will vote on the operating budget and associated municipal levy on December 7, 2005. (Correspondence referred to the Director of Finance/Treasurer) D - 3 Craig Nicholson, on behalf of the local snowmobile club, the Ontario Federation of Snowmobile Clubs is requesting Council to proclaim November 21 to 27,2005, as Get Ready For Snowmobiling Week. (Proclaimed) D - 5 Shane Morris, advising Council that he must resign from the Clarington Traffic Management Advisory Committee. (Thank Mr. Morris for his work on the Committee and correspondence referred to the Municipal Clerk) D - 6 Glenda Gies, President, Port Darlington Community Association Inc., advising Council that the Association has the following comments regarding the Addendum to Report EGD-50-04, Port Darlington Waterfront Park Master Plan Revision: 1. accommodating the Port Darlington Harbour Company and Wiggers Custom Yachts lands by shifting the park eastwards will result in a mixed use, with park activities occurring directly adjacent to industrial activities. 2. relocating the parking area from adjacent to the remaining residential area to the existing municipal lands on the west side of Port Darlington Road will minimize traffic in the area and reduce impacts on residents. Council Meeting Minutes -12- November 14, 2005 COMMUNICATIONS D-7 F11.GE D-8 M02. GE There are a number of outstanding areas of concern with the conceptual master plan for the park related to: . the implications for the Bowmanville Marsh, including nature trails, interpretive signage and opportunities to launch non- motorized boats and canoes; . the use of proposed volleyball courts for programmed tournaments which could draw significant people to the area, bringing traffic and the requirement for parking beyond what the local road or available public land could accommodate; . washrooms on the west beach side of the park where municipal water and sanitary sewers are not available; and . the method of transporting visitors from the east park across the mouth of the Bowmanvi lie Marsh to the west park. (Advised of actions taken with respect to the Addendum to Report EGD-50-05) John Godfrey, Minister of State and Roger Anderson, President, Association of Municipalities of Ontario (AMO), advising Council that on June 17, 2005, Canada, Ontario, the Association of Municipalities of Ontario and the City of Toronto signed a groundbreaking agreement under the Government of Canada's New Deal for Cities and Communities that flows federal gas tax revenue directly to municipalities in Ontario. As part of its New Deal for Cities and Communities, the Government of Canada is investing $2.87 billion in gas tax funding over five years for the benefits of Ontarians in cities and communities, large and small. (Correspondence referred to the Municipal Clerk for the appropriate by-law to be forwarded to Council) Laurie Lazenby, Secretary, on behalf of the executive of the Navy League of Canada, Bowmanville and District Branch, Royal Canadian Sea Cadets Corps #279, requesting permission to hold Sea Cadet tagging at selected businesses April 6, 7 and 8,2006. To date, they have held their Tag Days at the end of September, beginning of October. They are requesting a second weekend in the spring due to the fact that they now have an Air Cadet Corps in Clarington. (Approved Tag Days for April 6, 7 and 8, 2006) Council Meeting Minutes -13- November 14, 2005 COMMUNICATIONS D-9 D - 10 D - 11 M02. GE D - 12 D - 13 F22. GE Bob Foster, on behalf of the Kendal Recreation Association, advising that the Association supports the recommendation for lights to be installed at Harvey Jackson Memorial Park in Kendal. (Correspondence referred to the Director of Engineering Services) Rick Growden, Market Area General Manager, Waste Management of Canada Corporation, advising Council that Waste Management of Canada Corporation fully supports Miller Waste's plans to develop an organic material processing facility at 1848 Baseline Road, Clarington. (Correspondence referred to the Director of Planning Services) Keith Coulter, Commissioner, Correctional Service Canada, requesting Council to proclaim November 13 to November 20, 2005, as Restorative Justice Week. The theme is "Wisdom Gained Through Experience" focusing on sharing the concrete learning and results that have come from the growing experience of practitioners and stakeholders in the application of restorative justice concepts and techniques. (Proclaimed) Liz Dowdeswell, President, Nuclear Waste Management Organization, providing comments pertaining to Report PSD-1 07 -05 regarding the Nuclear Waste Management Organization Draft Study Report "Choosing a Way Forward." (Correspondence referred to the Director of Planning Services) Frank Hoar, Secretary, Newcastle-Bond Head Ratepayers Association, advising Council that the Association passed the following resolution: "WHEREAS the Region's Chairman of Finance, and the Commissioner of Finance, have warned the public of a possible double digit tax Increase; WHEREAS the Region's Chairman of Finance has asked the public to tell Regional Council that they do not support a double digit tax increase; THEREFORE BE IT RESOLVED that the Newcastle-Bond Head Ratepayers Association is strongly against, and do not support a double digit tax increase, and urge the Regional Council to look at getting out of any "unmandated services" to protect property tax payers." (Correspondence referred to the Regional Municipality of Durham) Council Meeting Minutes -14- November 14, 2005 COMMUNICATIONS D - 4 Roxy Barnes, providing Council with comments following the tour of Miller Waste Systems' Bloomington site. They were impressed by both the site and the staff who were their hosts and answered all of their questions in a very open and honest manner. Their overall impression of Miller Waste Systems is very positive. They are encouraging Council to proceed with Miller's proposed facility and provide leadership to show other communities how to deal effectively with the problem of waste management. Resolution #C-500-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item D - 4 be referred to the Director of Planning Services. "CARRIED" D - 14 C10.MO The Corporation of the Township of Terrace Bay, advising Council that on October 24, 2005, they passed the following resolution: "WHEREAS the world has seen three major influenza outbreaks in the 20th century; experts predict that since influenza pandemics have, historically occurred in cycles, the next global pandemic is overdue; AND WHEREAS Ontario will have little lead time between when a pandemic is first declared by the World Health Organization and when it spreads to the province; AND WHEREAS it will spread in two or more waves either in the same or successive years, with the second wave occurring within three to nine months of the initial outbreak; AND WHEREAS Ontario will not have a large enough supply of antivirals or vaccine for the entire population, requiring the province to set priorities for who receives limited vaccine and antiviral drugs; AND WHEREAS during a pandemic, the availability of front line workers, including health care and emergency service workers, could be reduced by up to one third due to illness; Council Meeting Minutes -15- November 14, 2005 COMMUNICATIONS NOW THEREFORE the Council of the Township of Terrace Bay hereby requests the Minister of Community Safety and Correctional Services to ensure that providers and the public are informed about the pandemic and how to help protect themselves against it and that the Ministry identify and implement a system for the provision of critical medical supplies and establish reliable and secure purchasing, storage and distribution systems; AND FURTHER that this resolution be forwarded to AMO, all Ontario Municipalities and local M.P.P.s for support." Resolution #C-501-05 Moved by Councillor Trim, seconded by Councillor Pingle THAT Correspondence Item D - 14 be received for information. "CARRIED" D - 15 F22. GE James and Catherine Mailer, requesting Council to pressure the Province of Ontario to rectify the situation of random assessments reached by the Municipal Property Assessment Corporation. Phair Avenue, Courtice, is an old residential street where very little has changed over the years. The tax assessments for the street for the 2006 tax year vary from 9 - 35%. Resolution #C-502-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 15 be referred to the Director of Finance/Treasurer. "CARRIED" D - 16 P01.HU Inky Mark, M.P., Dauphin-Swan River-Marquette, advising that government programs have eroded the rights of Canadians to hunt and fish. Responding to this, he has tabled a Private Member's Bill to protect recreational hunting and fishing rights for all Canadians. He is requesting Council to pass the following resolution: "WHEREAS legislation governing inland fisheries is within the jurisdiction of the federal government; Council Meeting Minutes -16- November 14, 2005 COMMUNICATIONS AND WHEREAS aboriginal people have long relied on hunting and fishing to satisfy their food needs, and have certain rights to hunt and fish that are protected by the Constitution of Canada; AND WHEREAS non-aboriginal settlers and pioneers in Canada also depended on hunting and fishing for food; AND WHEREAS hunting and fishing are part of Canada's national heritage; AND WHEREAS millions of Canadians participate in and enjoy hunting and fishing; AND WHEREAS hunting and fishing contribute significantly to the national economy; THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington request that the Government of Canada enact Private Members Bill C391, the Heritage Hunting and Fishing Protection Act to protect in Canada the right to hunt and fish. No law of Canada shall be construed or applied so as to deprive a person of this right and the Minister of Canadian Heritage shall enter into discussions with the provinces with a view to securing on behalf of all Canadians their continued right to hunt and fish, subject only to any reasonable limits as may be established by law." Resolution #C-503-05 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D - 16 be received for information. "CARRIED" D - 17 M02. GE Bill Hasiuk, requesting permission to hold the Annual Farmer's Christmas Procession of Lights on December 7, 2005. He is also asking that Council direct staff to acquire the necessary permits from the Region of Durham and the necessary signatures from the Police and Fire Departments. Council Meeting Minutes -17- November 14, 2005 COMMUNICATIONS Resolution #C-504-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the Road Occupancy Permit for the Annual Farmer's Christmas Procession of Lights on December 7,2005 be approved; and THAT Correspondence Item D - 17 be referred to staff to complete the necessary process. "CARRIED" D - 18 Zena Burns advising that the MPP for Niagara Falls is representing grandparents at a meeting at Queen's Park on November 24 when the second reading of a bill regarding grandparents' rights is being considered. Ms. Burns is requesting Councils from across Durham Region to pray for the passage of this bill. Resolution #C-505-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D - 18 be received for information. "CARRIED" D - 19 Confidential Property Matter. Resolution #C-506-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 19 be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Council Meeting Minutes -18- November 14, 2005 NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - November 14, 2005 Resolution #C-507 -05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of November 14, 2005, be approved. "CARRIED" UNFINISHED BUSINESS Addendum to Report EGD-050-04 - Port Darlington Waterfront Park - Conceptual Master Plan Resolution #C-508-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the Addendum to Report EGD-50-04 be lifted from the table. "CARRIED" Resolution #C-509-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT the Addendum to Report EGD-50-04 be received; THAT the revised Conceptual Master Plan for the East Beach portion of the Port Darlington Waterfront Park be approved; THAT all interested parties listed in Addendum to Report EGD-50-04 and any delegations be advised of Council's decision. "CARRIED" Council Meeting Minutes -19- November 14, 2005 OTHER BUSINESS Resolution #C-51 0-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Rules of Procedure be suspended to allow for the introduction of a motion of new business at this time. "CARRIED" Resolution #C-511-05 Moved by Councillor Schell, seconded by Councillor MacArthur WHEREAS the Council of the Municipality of Clarington supports nuclear energy; AND WHEREAS Atomic Energy of Canada Limited has built nuclear reactors in China ahead of time and under budget; NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario be advised that the Council of the Municipality of Clarington fully supports Nuclear New Build at the Darlington Nuclear Generating Station "B" site; AND FURTHER THAT the Council of the Municipality of Clarington support Atomic Energy of Canada Limited as the preferred supplier of the new nuclear reactor; AND FURTHER THAT this resolution be forwarded to the Province of Ontario, to Atomic Energy of Canada Limited and the Regional Municipality of Durham. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Pecuniary Council Member Yea Nay Interest Absent Councillor Foster X Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Schell X Councillor Trim X Mayor Mutton X Council Meeting Minutes -20- November 14, 2005 OTHER BUSINESS Councillor Robinson requested the intersection of Ruddell Road and Highway 2 be monitored for speeding. Mayor Mutton advised Council that he has received a large amount of enquiries regarding the Bowmanville Zoo. He noted that the Bowmanville Zoo is not in peril. Resolution #C-512-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" to consider Confidential Item D - 19 pertaining to a property matter. "CARRIED" The meeting reconvened at 7:55 p.m. Resolution #C-513-05 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" BY-LAWS Resolution #C-514-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-210 to 2005-217, inclusive and that the said by-laws be now read a first and second time: 2005-210 being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and Lakeridge Health Corporation for the Purposes of Operating the LHC Cardiovascular Prevention and Rehabilitation Program 2005-211 being a by-law to authorize a Municipal Funding Agreement between the Corporation of the Municipality of Clarington and The Association of Municipalities of Ontario for the Transfer of Federal Gas Tax Revenues under the New Deal for Cities and Communities Council Meeting Minutes BY-LAWS 2005-212 2005-213 2005-214 2005-215 2005-216 2005-217 -21- November 14, 2005 being a by-law to waive the payment of fees for minor variance applications to permit the construction of ramps, lifts and elevators for the purposes of gaining wheelchair accessibility to homes and to amend By-law 96-032, as amended being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle being a by-law to amend By-law 2005-145, a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Peninsula Contracting Inc. Fonthill, Ontario, to enter into agreement for the Guide Rail Installation being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Douglas Pearson Millburn, in respect to the purchase of 46A West Beach Road, Part lot 23, Plan 150, Part Lot 10, Broken Front Concession, Former Town of Bowmanville being a by-law to declare a portion of an unopen road allowance situated between Lot 12 and Lot 13, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington to be surplus, to stop up and close as a public highway a portion of the road allowance situated between Lot 12 and Lot 13, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington and to authorize the conveyance of a portion of the road allowance situated between Lot 12 and Lot 13, Broken Front Concession, former Town of Bowmanville, now in the Municipality of Clarington to Bowmanville Creek Developments Inc. "CARRIED" Resolution #C-515-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-210 to 2005-217, inclusive, be approved. "CARRIED" Council Meeting Minutes -22- November 14, 2005 ~ CONFIRMING BY-LAW Resolution #C-516-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-218 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 14th day of November, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-517 -05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-218 be approved. "CARRIED" ADJOURNMENT ........ Resolution #C-518-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 7:55 p.m. "CARRI ED" 111/l &3t~ ~