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Home My WebLink About12/12/2005 - .. g!![ipgton .. .. DATE: MONDAY, DECEMBER 12, 2005 TIME: 7:00 P.M. ... PLACE: COUNCIL CHAMBERS PRAYERS - ROLL CALL .. DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING - Minutes of a meeting of Council held on November 28, 2005 .. PRESENTATIONS a) Bill and Lesli-Anne Bagg - 2005 Grand Champion and Grand Reserve Champion Christmas Trees Award .. b) Fred Mandryk, Principal, John M. James Public School- Character Education .. DELEGATIONS ... a) David Kelly, Chairman, Clarington Accessibility Advisory Committee - 2006 Accessibility Plan in Accordance with the Ontarians with Disabilities Act ... b) Annie Krabi - Report CLD-047-05 - Order to Restrain - Krabi c) Karen Darling - Report CLD-048-05 - Order to Restrain - Demers .. d) Michael McFadden - Confidential Report CLD-050-05 .. COMMUNICATIONS Receive for Information .. I - 1 Carol Grylls, Planning Committee Secretary, Region of Durham - Smart Commute .. .. CORPORATION OF THE MUNICIPALITY OF CLARINGTON .. 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 .. Council Agenda - 2- December 12, 2005 ... 1-2 Martha A. Pettit, Manager Legislative Services/Deputy Clerk, Town of Ajax - Regional Transit System .. I - 3 Lakeridge Health Corporation - Report of the Advisory Panel to the Board of Trustees I - 4 Minutes of the Clarington Older Adult Association Board of Directors Meeting dated November 18, 2005 .. .. I - 5 Minutes of the Santa Claus Parade Meeting dated November 16, 2005 I - 6 Minutes of the Clarington Traffic Management Advisory Committee Meeting dated October 20, :~05 ... 1- 7 Kim Coates, Clerk, Township of Scugog - Pay Assurance .. I - 8 Luc Bernier, President, The Institute of Public Administration of Canada - Vanier Medal .. I - 9 Marika Hare, Enbridge Gas Distribution - enLink, Enbridge Gas Distribution's Newsletter .. 1- 10 Paul Jones, Town Clerk, Town of Whitby - School Crossing Guards ... 1- 11 John Gerretsen, Minister of Municipal Affairs and Housing - 905 Municipal Performance Measurement Program ... 1-12 Ted Galinis, General Manager, Durham Region Transit - Waste Containers 1- 13 Dominika Flood, Executive Assistant, GTA/905 Healthcare Alliance - Health Care . Strategy for Ontario's High Growth Region IIIIIi 1-14 Greater Toronto Alliance Healthcare Mayors and Chairs Meeting - Gun Violenc.e ... I - 15 Greater Toronto Alliance Healthcare Mayors and Chairs Meeting - Waste Management IIIIIIi I - 16 Madeleine Meilleur, Minister of Culture - Strengthening Ontario's Heritage: An Introductory Guide to Identifying, Protecting and Promoting your Community's Heritage ... 1- 17 Martin de Rond, Director, Legislative and Information Services/Town Clerk, Town of Ajax - Duffin Creek Water Pollution Control Plant ... I - 18 Minutes of the Tyrone Community Centre meeting dated December 2, 2005 1 ... I - 19 Arthur Anderson, Director, Municipal Relations, Municipal Property Assessment Corporation - 2005 Annual Meeting ... ... Council Agenda -3- December 12, 200S 1-20 John R. O'Toole, MPP, Durham - Highway 407 I - 21 David Shier, President, Canadian Nuclear Workers Council - Expansion of the Darlington Nuclear Generating Station "B" Site I - 22 Don MacKinnon, President, Power Workers' Union - Nuclear New Build at the Darlington Nuclear Generating Station "B" Site Receive for Directioll D " 1 Jim McMillen, Vice President, Canadian National Exhibition Association - CNE Garden Show D - 2 Walter Zutell - Resignation from the Clarington Accessibility Advisory Committee D - 3 P.M, Madill, Regional Clerk, Region of Durham - Proposed International Marketing Program D - 4 David Staples, Chairman, Newcastle Sesquicentennial Celebration - Newcastle Sesquicentennial Celebration Parade D - S Greg Chaffey - Payne's Crescent Traffic Concerns D - 6 Roxy Barnes - Intersection at Holt and Baseline Roads D - 7 Pat M. Madill, Regional Clerk, Region of Durham - Balewrap Program D - 8 Dave Perkins, 200S-06 National President, Kin Canada - Message-of-Support D - 9 Township of South Algonquin - Current Value Assessment System D - 10 Karen Landry, Clerk, Town of Halton Hills - Municipal Property Assessment Corporation MOTION NOTICE OF MOTION Moved by Councillor Schell, seconded by Councillor Trim WHEREAS the Council of the Municipality of Clarington, as a Veridian Shareholder, is interested in providing the opportunity for all Clarington residents to receive consistent hydro services from Veridian Corporation; Council Agenda -4- December 12, 200S WHEREAS the Council of the Municipality of Clarington has received numerous complaints relating to service reliability and inequitable electricity distribution rates within the Hydro One area of Clarington, resulting in requests from residents and businesses for the Council to assist in permitting an opportunity for hydro services to be provided by Veridian Corporation; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington hereby requests the Ontario Energy Board, the Minister of Energy and the Premier of Ontario to undertake any action necessary to permit the service area of Hydro One within the Municipality of Clarington to be made available at a reasonable cost, to Veridian Corporati:m, as soon as possible; and THAT Veridian Corporation and its Municipal Shareholders be advised of Council's decision. REPORTS 1. General Purpose and Administration Committee Report of December S, 200S 2. Report CLD-047-0S - Order to Restrain - Krabi 3. Report CLD-048-0S - Order to Restrain - Demers 4. Report CLD-049-0S - 2006 Accessibility Plan in Accordance with the Ontarians with Disabilities Act S. Report COD-06S-0S - Pay Equity Plan Review 6. Report PSD-138-0S - GTA Task Force on OMB Reform 7. Confidential Report PSD-149-0S - Property Matter (to be distributed under separate cover) 8, Report CLD-OS1-0S - Appointment of Municipal Law Enforcement Officers 9. Confidential Report CLD-OSO-OS - Personnel Matter 10, Confidential Report PSD-1S0-0S - Property Matter (to be distributed under separate cover) 11. Confidential Report PSD-1S1-0S - Property Matter (to be distributed under separate cover) 12. Confidential Verbal Report of the Solicitor - Legal Matters Council Agenda UNFINISHED BUSINESS OTHER BUSINESS BY-LAWS BY-LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT - s- December 12, 200S Cl&:J1Jglon Council Meeting Minutes November 28, 2005 Minutes of a regular meeting of Council held on November 28, 2005, at 7:00 p,m" in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A, Foster Councillor D. MacArthur Councillor P. Pingle Councillor G, Robinson Councillor J, Schell Councillor C, Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T, Cannella Director of Community Services, J. Caruana (attended until 7:45 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 7:45 p.m.) Director of Corporate Services, M, Marano (attended until 7:45 p.m.) Director of Finance/Treasurer, N. Taylor (attended until 7:45 p.m,) Director of Emergency Services, G. Weir (attended until 7:45 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 7:45 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-519-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on November 14, 2005, be approved. "CARRIED" Council Meeting Minutes -2- November 28, 2005 PRESENTATION Resolution #C-S20-0S Moved by Councillor Schell, seconded by Councillor MacArthur THAT representatives of Veridian be added to the agenda as a presentation, "CARRIED" Michael Angemeer, President and CEO along with David Clark and Howard Edmonston prer-:~ted Mayor Mutton with a dividend payment of $480,000 for 200S. Since 1999 Veridian has distributed $4.2 million in dividend payments. ANNOUNCEMENT David Crome, Director of Planning Services introduced Carlos Salazar, Manager of Community Planning and Development PUBLIC MEETING A public meeting is being held to consider the passage of a by-law to stop up and close a portion of an unopen road allowance situated in Lot 28, Concession 2, in the former Village of Newcastle, now in the Municipality of Clarington. No one spoke in opposition to or in support of this road closure. DELEGATIONS Alex Ruth, Chair, Kawartha Conservation provided Council with a powerpoint presentation highlighting the following regarding their 200S Activities and 2006 Budget: . Leading the way to abundant clean water; . Objectives; . Services to the Municipality; . Environmental Advisory Services; . Environmental Technical Services; . Environmental Protection and Restoration Services; . 200S Initiatives; . 2006 Budget Document; . 2006 Operating Budget Overview; and . 2006 Proposed Initiatives. Council Meeting Minutes -3- November 28, 2005 DELEGATIONS Suzanne Elston, Durham Environmental Advisory Committee (DEAC) appeared before Council to discuss the 2006 Environmental Achievement Awards. The DEAC has established an awards program to recognize individual and collective efforts to promote, preserve and enhance Durham's natural environment. The deadline for nominations is January 30, 2006. Ms, Elston advised Council that two new categories have been added to the list to honour Jessica Markland and Evylin Stroud for their outstanding achievements. Claudette Moreau was called but was not present. COMMUNICATiONS Resolution #C-S21-0S 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. 1- 2 A01.KA 1- 3 SOO.GE 1-4 A01.GE 1- S C10.MO "CARRIED" Kawartha Conservation, advising of the following information sessions regarding the proposed Regulation of Development, Interference with Wetlands and Alterations to Shorelines and Watercourses for Kawartha Region Conservation Authority: November 22 - Kawartha Conservation Administrative Centre November 24 - Galway - Cavendish & Harvey Municipal Office November 30 - Scugog Community Centre Karen Monaghan, Lakeridge Health, advising Council that Dr. Robert Lake has joined the surgical team at Lakeridge Health Bowmanville. Marolyn Morrison, Mayor, Town of Caledon, providing Council with a copy of the Town of Caledon's inaugural Progress Report for 2004-200S. Carol Grylls, Committee Secretary, Regional Municipality of Durham, advising Council that the Region of Durham on October 2S, 200S, passed the following resolution regarding the Employment Land Needs Analysis: "a) THAT Report #200S-P-82 of the Commissioner of Planning be received for information; and Council Meeting Minutes -4- November 28, 2005 COMMUNICATIONS 1-6 C06.LA 1-7 F22.GE 1-8 C06.SA 1- 9 C06.CL 1-10 EOS.GE I - 11 F11.GE 1-12 S08.GE 1-13 E06.GE b ) THAT a copy of Report #200S-P-82 of the Commissioner of Planning be forwarded to the eight area municipalities." Minutes of the Local Architectural Conservation Advisory Committee meeting dated October 18, 200S, (Copy attached) Richard Stephenson, Chair, Assessment Review Board, advising Council that the 2004-200S Annual Report of the Assessment Review Board has been released and can be reviewed on the Board's website w....--:::.arb.Qov.on.ca. Minutes of the Santa Claus Parade Committee meeting dated October 24, 200S, Minutes of the Clarington Agricultural Advisory Committee meeting dated October 13, 200S. John R. O'Toole, MPP, Durham, providing Council with a copy of a letter from Ontario's Minister of the Environment, regarding the matter of allowing cement plants to burn used tires as a waste disposal solution and an alternative source of fuel. The Minister advised that the Ministry of Environment does not "develop" disposal methods to be used by municipal governments. The fact is that municipalities have been empowered to pursue a number of waste management options. These systems can include incineration and other energy-from-waste projects for waste that cannot be reused or recycled. The Coreshell Group, providing Council with a copy of the Community Conversations Summary Report, A Dialogue with the Ontario Trillium Foundation. Deborah Lay, Public Health Nutritionist, Durham Region, providing Council with a copy of the Fall 200S edition of the Food Wellness Newsletter. Brad Brown, Project Manager, TransCanada, advising Council that TransCanada is proposing to add one seven megawatt (MW) electric- driven centrifugal gas compressor to its existing Bowmanville Compressor Station site. The station is located northwest of Mitchell Corners on Langmaid Road. The station currently contains two 2.2 MW electric-driven reciprocating gas compressors. An open house is being held on November 30, 2004, at the Solina Community Hall, from 4:00 p.m, to 8:00 p.m. Council Meeting Minutes -5. November 28, 2005 COMMUNICATIONS 1-14 C07.GE 1-1S C06.C'- 1-16 C06.CL 1-17 EOS.GE 1- 18 C10.MO 1-19 E06.GE 1- 20 R01.GE I - 1 M02.GE Andy Koopmans, Executive Director, Association of Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), providing Council with a copy of a letter from John Gerretsen, Minister of Municipal Affairs and Housing, advising that he will not be proceeding with amendments to the Municipal Elections Act for the next municipal election in 2006. This means that they do not intend to proceed at this time with proposed changes to the term of office for municipal officials. Minutes of the Clarington Museums and Archives Board meeting dated November 9, 200S. Minutes of the Central Lake Ontario Conservation Authority dated November 1S, 200S. John R O'Toole, MPP, Durham, providing Council with a copy of the excerpts from the Report of the Experts Panel on Sound-Sorb. LJ. Dickson, Councillor Ward 2, Town of Ajax, providing Council with a copy of the 'Talking Trash" letter regarding Waste Reduction Week. Jack Gibbons, Chair, Ontario Clean Air Alliance, providing Council with a copy of an eight page report summary of Increasing Productivity and Moving Towards a Renewable Future: A New Electricity Strategy for Ontario. Martha A Pettit, Manager of Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax on October 24, 200S, passed the following resolution: "1. THAT Council adopt a by-law in the form attached as Appendix 1, to implement a 10% Heritage Property Tax Rebate Program, effective January 1, 2006, under the provision of Section 36S,2 of the Municipal Act, 2001 to provide tax relief for eligible heritage properties as defined in the Act and in the municipal by-law; and 2, THAT a copy of this by-law be sent by the Clerk to the Region of Durham with a request that the Region pass a by-law to match this tax reduction program." Wioletta Walancik, Special Events Coordinator, Friends of Second Marsh, forwarding the 2004/200S Leading Member Award for the municipality's financial support to Friends of Second Marsh. Council Meeting Minutes -6. November 28, 2005 COMMUNICATIONS Resolution #C-S22-0S Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 1 be received for information, "CARRIED" Correspondence Item D - 9 was received as a handout. CORRESPONDENCE FOR DIRECTION Resolution #C-S23-0S Moved by Councillor Pingle, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 2, D - 8 and D - 9. D - 1 C10,MO "a) b) D-3 M02.GE "CARRIED" P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on November 9, 200S, passed the following resolution: THAT we encourage the eight local municipalities to consider adopting the Regional Slow Moving Vehicle Signage program for their locally maintained roads; and THAT, where warranted, the eight local municipalities request input fro the Durham Agricultural Advisory Committee, through the Region, on agricultural matters," (Correspondence referred to the Directors of Planning Services and Engineering Services) Valerie Thom, Pitch-In Ontario, requesting proclamation of April 24 - 30,2006, as Pitch-In Week. (Proclaimed) Council Meeting Minutes -7- November 28, 2005 COMMUNICATIONS D-4 M02.GE D-S M02.GE D-6 F11.GE D-? M02.GE John Connolly, Director, Partnerships Division, Community Development and Partnerships Directorate, Social Development Canada, providing Council with a copy of a Nomination brochure for the 2006 Therese Casgrain Volunteer Award. The award honours the memory of Therese Casgrain and acknowledges the contributions Canadian volunteers make to society. It is presented annually to one Canadian man and one Canadian woman whose pioneering spirit, social commitment and lifelong voluntary efforts have contributed significantly to the advancement of a social cause and the well-being of their fellow Canadians. (Correspondence referred to the Municipal Clerk to place an ad in the newspaper) Judith Fowler, Area Manager, Durham Region Chapter, Heart and Stroke Foundation of Ontario, requesting proclamation of the month of February 2006 as Heart Month, (Proclaimed) Jack Higgins, Chairman, Sponsorship Committee, 172 Squadron Clarington "OSPREY", Royal Canadian Air Cadets, requesting Council's support as an ongoing sponsor of their activities. The Air Cadet League of Canada formed a new Air Cadet Squadron located in the Bowmanville area. The Squadron will be known as 172 Clarington "OSPREY" Squadron. Air Cadets is a youth organization for young people between the ages of 12 and 18 years. They are presently recruiting Cadets and they will be located at the Bowmanville High School, however they need to establish permanent office and storage facilities. With this in mind, they are requesting any assistance that Council could provide, (Correspondence referred to the Chief Administrative Officer) Jennifer Cooke, Communication and Marketing Officer, requesting Council's approval to hold the CP Holiday Train Event on Saturday, December 3, 200S, from 8:00 p.m. to 10:00 p.m. The following road closures would need to take place: Scugog Street from Church Street to north side of tracks; Wellington, Horsey and Concession Streets will all be closed west of Elgin Street; and Elgin Street will be the detour route for local traffic. (Approved provided organizers apply for and obtain a Road Occupancy Permit) Council Meeting Minutes -8- November 28, 2005 COMMUNICATIONS D-2 T07.GE Diane Lloyd, Chairperson of the Board, Kawartha Pine Ridge District School Board, requesting that sidewalks, crossing guards and consideration of 4-way flashers be installed on Old Scugog Road to help students walking on municipally maintained roads to attend Hampton Junior Public School and M.J. Hobbs School. Resolution #C-S24-0S Movec by Councillor Trim, seconded by Councillor MacArthur THAT Correspondence Item D - 2 be referred to the Director of Engineering Services. "CARRIED" D-8 C10.MO Paul Sutherland, Consultant, on behalf of the Dairy, Egg and Poultry Farmers of Ontario, requesting Council to approve the following resolution: 'WHEREAS Ontario dairy, poultry and egg farmers are part of a supply- managed system that matches production to Canadian demand; and WHEREAS supply management is a 'uniquely Canadian success story' with a solid 40-year track record of providing high-quality and nutritious food for Canadians; and WHEREAS the dairy, poultry and egg industries are a major economic asset to Ontario generating $2.6 billion in farm cash receipts; sustaining more than $14 billion in economic activity with over 70,000 Ontario jobs depending on supply management; and WHEREAS Canada's food supply and Canada's farms may be at risk of being traded away during the World Trade Organization's Doha Round of negotiations continuing with the Sixth WTO Ministerial Conference to be held in Hong Kong, China, 13-18 December 200S; and WHEREAS dairy, poultry and egg farmers and Federal and Provincial governments have worked together to create a stable and equitable economic environment that benefits every link in the food chain including consumers and farmers; and WHEREAS Canada's economic fabric, both rural and urban, would unravel without supply management; and Council Meeting Minutes -9- November 28, 2005 COMMUNICATIONS NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington supports the preservation of supply management for Canada's dairy, poultry and egg farmers; processors; consumers and other Canadians who depend on a vibrant farm economy; AND BE IT FURTHER RESOLVED THATthis resolution be forwarded to The Honourable Andy Mitchell, The Honourable Jim Peterson and Prime Minister Paul Martin requesting that they preserve supply management at the WTO trade table; AND BE IT FURTHER RESOLVED THAT this resolution be forwarded to t~:,; Association of Municipalities on Ontario and the Federation of Canadian Municipalities to request that they similarly voice their support for supply management by forwarding a resolution to The Honourable Andy Mitchell, The Honourable Jim Peterson and Prime Minister Paul Martin requesting that they preserve supply management at the WTO trade table." Resolution #C-S2S-0S Moved by Councillor Robinson, seconded by Councillor Foster THAT Correspondence Item D - 8 be referred to the Clarington Agricultural Advisory Committee. "CARRIED" D - 9 Willie Woo and Donna Metcalf-Woo writing regarding the 4th Polar Bear Swim to raise awareness of the urgent need of organ tissue donations and to raise funds for the Canadian Liver Foundation into the research of biliary artresia, Biliary Artresia affects about one child per sixteen thousand births in North America. The bile ducts in the liver fail to develop properly and often lead to severe liver damage. Last year a donation of $4,2S0.00 was presented to the Canadian Liver Foundation. Since 2006 is the 1S0th Anniversary of the Incorporation of the Village of Newcastle, the Clarington Polar Bear Swim is proud to partner with the Sesquicentennial celebrations. They are asking Council's approve for the attendance of the members of the Clarington Fire Station #2 to ensure that there is an emergency service presence. Resolution #C-S26-0S Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 9 be referred to staff to coordinate. "CARRIED" Council Meeting Minutes -10- November 28, 2005 NOTICE OF MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - November 21, 200S Resolution #C-S27-0S Moved by Councillor Schell, seconded by Councillor Trim THAT the Gene~:~ Purpose and Administration Committee Report of November 21, 200S, be approved with the exception of Item #1 (c) which is to be deleted and Item #9. .CARRIED" Report EGD-043-0S - 20 King Street East Fayade and Transit Shelter Resolution #C-S28-0S Moved by Councillor Schell, seconded by Councillor MacArthur THAT Report EGD-043-0S be received; THAT the fayade and transit shelter as recommended for 20 King Street East, estimated at $400,000, be conceptually approved, that $100,000 of funding be committed from the Clarington Transit Reserve Fund and the remaining $300,000 of the required funding be considered in the Municipality's 2006 Capital Budget; THAT the design development of the fayade and transit shelter be reviewed and refined with the input of the Bowmanville BIA, LACAC, and other stakeholders; and THAT all interested parties listed for Report EGD-043-0S and any delegations be advised of Council's decision, .CARRIED" Council Meeting Minutes -11- November 28, 2005 REPORTS Repprt #2 - Confidential Report EGD-044-0S - Property Matter Report #3 - Confidential Verbal Report of the Solicitor - Legal Matter Resolution #C-S29-0S Moved by Councillor Schell, seconded by Councillor MacArthur THAT Confidential Report EGD-044-0S and the Confidential Verbal Report of the Solicit.x be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-S30-0S Moved by Councillor Schell, seconded by Councillor MacArthur THAT Alex Ruth, Chair, Kawartha Conservation be thanked for his presentation regarding Kawartha's 200S Activities and 2006 Budget. "CARRIED" Resolution #C-S31-0S Moved by Councillor Foster, seconded by Councillor Trim THAT the delegation of Susan Elston regarding the Durham Environmental Achievement Awards be referred to staff, "CARRIED" OTHER BUSINESS Regional Update Councillor Schell advised that Central Lake Ontario Conservation Authority has issued a tender for the 36 acres on West Beach Road to overlook the Westside Marsh. Mayor Mutton advised that the Adelaide Avenue Environmental Assessment has been completed along with the recommended alignment. Council Meeting Minutes -12- November 28, 2005 OTHER BUSINESS Boards and Committees Update Councillor Foster advised that the Clarington Youth Advisory Committee has met to discuss future fundraising events. Councillor MacArthur congratulated the organizers of the first Annual Newcastle Santa Claus P-arade.-- .. Councillor Robinson thanked the Operations Department for all the work that they do during the yec" to assist the organizers of special events, He also noted that the Clarington Agricultural Advisory Committee prefers Clarington's "Share the Road Sign" versus the Region's, Mayor Mutton advised that the Holiday Train which is occurring this Saturday, December 3, 200S at 8:00 p,m. should be a fantastic event Councillor Schell advised that the Bowmanville Christmas Tree Lighting and Midnight Madness event will occur this Friday, December 2, 200S. Councillor Foster advised that the Courtice Christmas Tree Lighting Ceremony will occur on Thursday, December 1, 200S. Councillor Trim commented on an article in the Clarington This Week regarding a hospital survey. Many years ago there were hospitals in Port Hope and Cobourg now there is only the new hospital in Cobourg. Due to the lack of money and cut backs at Lakeridge Bowmanville, he is fearful that it is only a matter of time that the Bowmanville hospital closes and he would hate to see this happen. Resolution #C-S32-0S Moved by Councillor Robinson, seconded by Councillor Pingle THAT the Rules of Procedure be suspended to allow for the introduction of a motion of new business at this time. "CARRIED" Council Meeting Minutes -13- November 28, 2005 OTHER BUSINESS Resolution #C-S33-0S Moved by Councillor Robinson, seconded by Councillor Pingle WHEREAS Council is supportive of the ongoing success of the farmers market undertaken in conjunction with the Clarington Board of Trade; WHEREAS Council on May 2, 200S, approved an interest free loan of $S,OOO to be repaid in two years to fund start-up costs associated with the farmers market; NOW THEREFQ~E BE IT RESOLVED THAT the interest-free loan be repaid as follows: $2,SOO at the end of the market season in 2006 and $2,SOO at the end of the market season in 2007 in order to allow the farmers market time to further develop and enhance the popularity of the market. "CARRIED" Resolution #C-S34-0S Moved by Councillor Schell, seconded by Councillor Trim THAT the meeting be "closed" to consider Confidential Report EGD-044-0S and the Confidential Verbal Report of the Solicitor. "CARRIED" Resolution #C-S3S-0S Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Council Meeting Minutes -14- November 28, 2005 BY-LAWS Resolution #C-S36-QS Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 200S-219 to 200S-229, inclusive and that the said by-laws be now read a first and second time: 200S-219 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (The Kaitlin Gr-:Jp Ltd.) 200S-220 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Leslie Chatham) 200S-221 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Home-Land Development Group Limited) 200S-222 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Braunstein, Braunstein Construction Ltd., Toronto, Ontario t enter into agreement for the Rehabilitation of Sand Dome (former) Waste Transfer Station 200S-223 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, to enter into agreement for the Division Street Reconstruction 200S-224 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Switz-Con Construction Services ltd., Cobourg, Ontario, to enter into agreement for the Westmore Street and Jane Avenue Reconstruction, Courtice 200S-22S being a by-law to appoint a Manager of Municipal Law Enforcement to delegate Council's authority to conduct hearings and to rule on appeals, as per section 104 of the Municipal Act, and to repeal By-law 91-1S8 200S-226 being a by-law to amend By-law 99-90, a by-law to license, regulate and prohibit certain animals or classes thereof within the limits of the Municipality of Clarington, or defined areas therein Council Meeting Minutes -15. November 28, 2005 BY.LAWS 2005-227 being a by-law to declare Part 1 on Reference Plan 40R-23825 to be surplus 2005-228 being a by-law to stop and close as a public highway Part 1 on Reference Plan 40R-23825 and to authorize the conveyance of Part 1 on Reference Plan 40R-23825 to Dr. Aubrey Kassirer and Dr. Debra Jefferson 2005-229 being a by-law to stop up and close as a public highway Part 1 on Reference Plan 40R-23825 and to authorize the conveyance of Part 1 on Reference Plan 40R-23825 to Dr. Aubrey Kassirer and Dr. Debra Jefferson "CARRIED" Resolution #C-537-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-219 to 2005-229, inclusive, be approved. "CARRIED" CONFIRMING BY.LAW Councillor Pingle stated a pecuniary interest during the "closed" session and refrained from discussion and voting on the confirming by-law, Resolution #C-538-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2005-230 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 28th day of November, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-539-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2005-230 be approved. "CARRIED" Council Meeting Minutes -16- November 28, 2005 ADJOURNMENT Resolution #C-S40-0S Moved by Councillor Pingle, seconded by Councillor Foster THAT the meeting adjourn at 8:26 p.m. "CARRI ED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE DECEMBER 12, 2005 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Carol Grylls, Planning Committee Secretary, Region of Durham, advising Council that the Region of Durham on November 1S, 200S, passed the following resolution regarding Smart Commute: "a) THAT Report #200S-P-88 of the Commissioner of Planning be received for information; and b ) THAT a copy of Report #200S-P-88 of the Commissioner of Planning be forwarded to the eight area municipalities." I - 2 Martha A. Pettit, Manager Legislative ServiceslDeputy Clerk, Town of Ajax, advising Council that the Town of Ajax, on November 28, 200S, passed a resolution urging the Council of the Regional Municipality of Durhamto implement a suggested fare structure for the new Regional Transit system. I - 3 Lakeridge Health Corporation, providing a copy of the Report of the Advisory Panel to the Board of Trustees of Lakeridge Health Corporation. I - 4 Minutes of the Clarington Older Adult Association Board of Directors Meeting dated November 18, 200S. (Copy attached) I - S Minutes of the Santa Claus Parade Meeting dated November 16, 200S. (Copy attached) I - 6 Minutes of the Clarington Traffic Management Advisory Committee Meeting dated October 20, 200S. (Copy attached) 1-7 Kim Coates, Clerk, Township of Scugog, advising Council that the Township of Scugog concurs with the Municipality of Clarington's resolution regarding opposition to Pay Assurance. I - 8 Luc Bernier, President, The Institute of Public Administration of Canada, advising Council that they are accepting nominations for the Vanier Medal until March 31, 2006. The Vanier Medal, established in 1962, is awarded annually as a mark of distinction and administrative excellence to a person who has made an outstanding contribution to public administration, I - 9 Marika Hare, Enbridge Gas Distribution, providing Council with a copy of the latest issue of enLink, Enbridge Gas Distribution's newsletter focused on the municipal level of government. Summary of Correspondence -2- December 12, 2005 I - 10 Paul Jones, Town Clerk, Town of Whitby, advising Council that the Town of Whitby on November 14, 2005, passed the following resolution: 'WHEREAS Bill 169, an Act to amend the Highway Traffic Act and to amend and repeal various other statutes in respect of transportation related matters received first reading on February 21, 2005; AND WHEREAS Bill 169, Section 27(3) amends Section 176(3) of the Highway Traffic Act, R.S.O. 1990 to state that, 'Where a school crossing guard displays a school crossing stop sign as provided in subsection (2), the driver of any vehicle approaching the school crossing guard shall stop before reaching the crossing and shall remain stopped until all the children and the school crossing guard have cleared "the half' of the roadway upon which the vehicle is traveling and it is safe to proceed"; AND WHEREAS a vehicle is proceeding through "the half' of the roadway prior to crossing guards returning to their original side of the road creates a substantial hazard to the school crossing guard and children both in the crossing or about to cross; NOW THEREFORE BE IT RESOLVED THAT Bill 169, Section 27(3) to amend Section 176(3) of the Highway Traffic Act, R.S.O. 1990 be further amended to require the driver of a vehicle to remain stopped until all the children and the school crossing guard have cleared the roadway; AND FURTHER BE IT RESOLVED THAT the Ministry of Transportation (Ontario) be requested to undertake a Province-wide publicity campaign to inform Ontario drivers of their obligations with regards to this amendment; AND THAT this resolution be forwarded to Durham MPPs, Durham municipalities, Minister of Transportation, Ontario Good Roads Association and the Ontario Traffic Conference." I - 11 John Gerretsen, Minister of Municipal Affairs and Housing, providing Council with the reporting requirements for the 2005 Municipal Performance Measurement Program (MPMP). The formal requirements for MPMP under Section 299 of the Municipal Act will come into effect on January 1, 2006. 1-12 Ted Galinis, General Manager, Durham Region Transit, advising Council that the recent transferring of transit services from the lower tier municipalities to the Region did not include responsibility for Municipal waste containers located at or near bus transit stops. It will be the local municipality's responsibility to maintain the garbage collection on all bus transit routes throughout the Durham Region. Summary of Correspondence -3- December 12, 2005 1-13 Dominika Flood, Executive Assistant, GTA/905 Healthcare Alliance, advising Council that the Greater Toronto Alliance Healthcare Mayors and Chairs passed the following resolution: 'WHEREAS, local access to health care services is a priority for the three million residents living in the GTA/905 and key to maintaining vibrant, viable and healthy communities in the GT A/905; WHEREAS the four GTA/905 regions of Halton, Peel, Durham and York continue to experience rapid population growth at twice the provincial rate and represent half the annual population growth in Ontario; WHEREAS the funding gap for hospital services in the GTA/905 has widened since 2003 from $590 million to $740 million today on a regional basis and per capita funding for GTA/905 residents' hospital care is now $255 Ie::.:. than the provincial average compared to $229 less per resident in 2003; WHEREAS, using new Local Health Integration Network (LHIN) boundaries, the per capita funding for GTA/905 residents' hospital care is now $164 less per resident compared to the provincial average and has widened from $146 less per person in 2003 which means that the funding gap for hospital serviCes in the GTA/905 LHINs has widened from $540 million in 2003 to $665 million as of 2005; WHEREAS GT A/905 residents continue to pay to the Ontario Government $570 million each year though the Provincial Health Care Tax meaning that the Ontario Government has the resources to invest in GTA/905 residents' health care services; WHEREAS the Government of Ontario's Places to Grow plan speaks to building "complete communities" in Ontario's high growth regions that will be "supported by modern, well maintained infrastructure built in accordance with a broad plan for growth...{with) residents having easy access to shelter, food, education and health care facilities., ,"; WHEREAS it will take three to seven years for recently approved hospital construction projects in the GTA/905 to begin to improve local access to hospital care in the GTA/905; BE IT RESOLVED THAT the Greater Toronto Area and Hamilton Mayors and Chairs Committee call on the Government of Ontario to: a) Follow through on their commitment to provide Growth Funding for Ontario hospitals and ensure that the growth funding is both adequate in size and is targeted to hospitals in high growth regions such as the GT A/905; Summary of Correspondence - 4- December 12, 2005 b) Preserve the viability and capacity at all sites in high growth regions, especially those in smaller GT A/905 communities, in order to meet health care needs due to current and future population growth in small GTA/905 communities by: . Establishing provincial policies that make clear what range of hospital services are to be provided in small and rural hospitals, and . Providing additional and adequate multi-site funding to multi- site hospitals c) reinstate development charges for the building of hospitals; d) Develop a "Health Care Strategy for Ontario's High Growth Region" using the GTA/905 Healthcare Alliances' report, Places for Care as a starting point e) approve the capital development projects for Ajax, Milton and t:surlington hospitals." 1- 14 Greater Toronto Alliance Healthcare Mayors and Chairs Meeting, advising Council that on November 25, 2005, they passed the following resolution: 'WHEREAS there has been a considerable increase in gun violence in the City of Toronto and throughout the Greater Toronto Area (GTA); AND WHEREAS this problem is not confined to anyone particular municipal jurisdiction; AND WHEREAS the spread of gun violence is a complex problem and there are no easy or apparent solutions; THEREFORE BE IT RESOLVED that the GTA Mayors and Chairs host a Gun Violence Summit and invite Police Departments, Community Leaders, Social Services agencies, Housing Authorities and Boards of Education from across the GTA as well as, the Provincial and Federal Ministers and representatives to develop a GTA wide strategy on solving this immediate threat to public safety," I - 15 Greater Toronto Alliance Healthcare Mayors and Chairs Meeting, advising Council that on November 25, 2005, they passed the following resolution: 'WHEREAS the Province has ultimate authority with regard to the Environmental Assessment Process, and has a large responsibility in Waste Management issues; . THEREFORE BE IT RESOLVED that the GTAH Mayors and Chairs request the Province to: a) include Waste Management as part of the infrastructure in the 'Better Choices, Brighter Future - Places to Grow' Proposed Growth Plan for the Greater Golden Horseshoe; Summary of Correspondence - 5- December 12, 2005 b) Improve the predictability and consistency in the Environmental Assessment Act; and c) Amend the Development Charges Act to permit municipalities to collect for the growth related cots of Waste Management; d) Acknowledge that the Province has responsibility for Waste Management and to work collaboratively with municipalities to achieve cost efficient and long-term solutions to the Waste Management crisis in the Province; and FURTHER BE IT RESOLVED that the Minister of the Environment be invited to attend the GTAH Mayors and Chairs meeting to be held in February 24, 2006, at the Town of Georgina." I - 16 Madeleine Meilleur, Minister of Culture, providing Council with a copy of Strengthening Ontario's Heritage: An introductory guide to identifying, protecting and promoting your community's heritage. 1-17 Martin de Rond, Director, Legislative and Information Services/Town Clerk, Town of Ajax, advising that the Town of Ajax on November 24, 2005, passed the following resolution: "1. THAT Council advise the Minister of the Environment and the Regions of York and Durham that the Town of Ajax has a direct interest in the Environmental Assessment (EA) being conducted by the Regions to expand the Duffin Creek Water Pollution Control Plan (WPCP), given the proximity of this project to the Ajax community (within one kilometre) and its position relative to our community (upwind and upstream); 2, THAT Council request the Regions to provide to Town staff the detailed information produced through Phases 1 to 4 of the EA process, including but not limited to: a) the proposed design and operation of the expanded WPCP, particularly how the release of untreated and partially treated sewage into Lake Ontario will be prevented (especially during periods of heavy precipitation); b) potential air and water emissions, the Federal and Provincial environmental standards and any higher standards being applied voluntarily by the proponents; c) background water quality information and the existing and predicted coastal conditions in Lake Ontario; d) the findings of the peer reviewers; and Summary of Correspondence - 6- Decernber12,2005 e) the Environmental Study Report (ESR); 3. THAT Council request the Regions of York and Durham to release the Environmental Study Report (ESR), including all technical information and all peer reviewers' findings, to Town staff for review over a period of not less than 180 days, to allow for a thorough technical review and reporting back to Council with findings and recommendations; 4. THAT Council request the Ministry of the Environment to provide sufficient funds to the Town of Ajax to peer review the ESR and related information; 5. THAT Council request the Regions take a more proactive ':',,"lmunity consultation program about the findings of the EA process prior to completion of Phase 4 of this EA process; 6, THAT Council express to Durham Region the concern that the existing Duffin Creek WPCP may be contributing to the escalating frequency of beach closures at Rotary Park (100% in 2005): 7, THAT Council request the Region of Durham to provide sufficient funding to the Regional Health Department in the 2006 budget to investigate and identify sources of bacterial pollution (e.g. human, waterfowl) causing the beach at Rotary Park to be closed due to poor water quality and recommend how the Region, the Town and others can effectively address the problems; 8. THAT a copy of this report be send by the Clerk to the Honourable Laurel C. Broten, Ontario Minister of the Environment, and the Clerks of the Regional Municipality of York, Durham, the Cities of Pickering and Oshawa, the Town of Whitby and the Municipality of Clarington; 9. THAT funding be provided to the Toronto and Region Conservation Authority, in conjunction with Environmental Canada and Health Canada, to conduct a comprehensive study of: a) the existing and predicted ecological conditions in the waters of Lake Ontario along TRCA's entire waterfront and as far east as the Ajax water supply plant (e,g. water quality, water quantity, and background levels and sources of contaminants, aquatic environment); b) the existing and predicted background levels of contaminants (e,g. toxins) along the Ajax waterfront, including identifying the contributions from sewage treatment facilities, creek mouths and other sources; Summary of Correspondence - 7- December 12, 2005 c) the potential cumulative impacts of emissions from sewage treatment plants, stormwater runoff facilities, creek mouths and planned and ongoing remedial works (e,g. deflector arms, RAP activities) in the City of Toronto and elsewhere on water conditions at downstream communities, including the Town of Ajax; d) all potentially harmful and toxic chemicals bioaccumulating in the study area as a result of various sources, including the Pickering Nuclear Plant, and identify and threats to public health, including the drinking water provided at the Ajax water supply plant; and e) produce a report making recommendations with respect to improving Lake Ontario's water quality, including recommendations to the Federal and Provincial governments respecting the establishment of higher environmental standards for waterborne emissions from sewage treatment plants; and 10, THAT a copy of this report be sent by the Clerk to the Right . Honourable Stephane Dion, Federal Minister of the Environment, Mark Holland, MP, Wayne Arthurs, MPP, the Chair of the International Joint Commission, the Chair of the Canadian Great Lakes and St. Lawrence Cities Initiative, and the City of Toronto." I - 18 Minutes of the Tyrone Community Centre meeting dated December 2, 2005. (Copy attached) 1-19 Arthur Anderson, Director, Municipal Relations, Municipal Property Assessment Corporation, providing Council with materials that were distributed at the 2005 Annual Meeting at the Counties, Regions and Single Tier Municipalities, and District Social Services Administration Boards Conference in Niagara Falls on October 19, 2005. I - 20 John R. O'Toole, MPP, Durham, advising Council that he has forwarded Clarington's resolution pertaining to the need for early completion of Highway 407 to the Minister of Transportation. I - 21 David Shier, President, Canadian Nuclear Workers Council, advising Council that they are in full support of efforts to expand the Darlington Nuclear Generating Station "B" site. I - 22 Don MacKinnon, President, Power Workers' Union, advising Council that their union is in full support of Clarington's resolution to support Nuclear New Build at the Darlington Nuclear Generating Station "B" site, Summary of Correspondence - 8 - December 12, 2005 CORRESPONDENCE FOR DIRECTION D - 1 Jim McMillen, Vice President, Canadian National Exhibition Association, advising Council that the Canadian National Exhibition will be celebrating their 128th Anniversary in 2006, The CNE Garden Show located in Heritage Court continues to be a highlight of the annual fair. Mr. McMillen would like to invite the Municipality of Clarington to participate with them by providing a feature garden. (Motion to refer correspondence to the Directors of Operations) D - 2 Walter Zutell, advising Council that heis resigning from the Clarington Accessibility Advisory Committee. (Motion to thank Mr. Zutell for his work and to refer correspondence to the Municipal Clerk) D - 3 P,M, Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on November 9, 2005, passed the following resolution regarding Proposed International Marketing Program: "THAT Report #2005-A-54 of the Commissioner of Economic Development and Tourism be received for information; THAT Report #2005-A-54 be circulated to the local municipal Councils, the University of Ontario Institute of Technology, business associations in Durham Region and the Greater Toronto Marketing Alliance for comment; and THAT following receipt of comments, a report be brought back to the Finance & Administration Committee meeting of December 7,2005, with a final recommended 2006 International marketing program," (Motion to refer correspondence to the Chief Administrative Officer) D - 4 David Staples, Chairman, Newcastle Sesquicentennial Celebration, requesting Council's permission to hold the Newcastle Sesquicentennial Celebration parade on Friday, June 30, 2006, at 7:30 p.m. (Motion to approve provided organizer's apply for and obtain a road occupancy permit) Summary of Correspondence - 9- December 12,2005 D - 5 Greg Chaffey, requesting Council to reduce the speed limit from 80 km to 60 km on Highway 2 in the area of Payne's Crescent beyond the eastern side of Payne's Crescent. He suggests that the speed limit be reduced to 50 km from the west side of Newtonville to the eastern side of Payne's Crescent. Mr. Chaffey is also requesting the installation of street lights (approximately 7) be installed from the existing location to the eastern side of Payne's Crescent. There are a number of safety concerns that would be addressed if these requests were granted. (Motion to refer correspondence to the Director of Engineering Services) D - 6 Roxy Barnes, advising Council of her concerns pertaining to the intersection at Holt and Baseline Roads and requesting improvements at this intersection to help make it safer. There are constant accidents at this corner and currently there is a huge clean up due to a spill of 19,000 litres of diesc: :;.;el because someone went through the stop sign. (Motion to refer correspondence to the Director of Engineering Services) D - 7 Pat M, Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on November 30, 2005, passed the following resolution: "a) THAT the existing agriculture farm Balewrap Program be extended at the Region's waste facility in Port Perry; b) THAT the agriculture farm Balewrap Program be expanded to include the Region's waste facilities in Oshawa and in Brock Township starting in 2006; c) THAT the Minister of the Environment be requested to consider including agriculture farm balewrap as another candidate for a return to vendor stewardship program under the Waste Diversion Act; and d) THAT a copy of Report No, 2005-WR-26 of the Commissioner of Works be forwarded to the following organizations: i) Durham Agricultural Advisory Committee; Ii) Ontario Federation of Agriculture; and iii) All Area Municipalities within the Region of Durham with a request that they actively promote the agriculture Balewrap Program within their organization or community." (Motion to refer correspondence to the Clarington Agricultural Advisory Committee) Summary of Correspondence - 10- December12,2005 D - 8 Dave Perkins, 2005-06 National President, Kin Canada, requesting Council to support their annual 'Message-of-Support' campaign so that their members can continue to provide assistance to the many groups, organizations and individuals that rely on them. These "thank you" message give people the opportunity to express their appreciation to Kin members who have raised funds and donated countless hours to serve the needs of fellow Canadians and the communities they call home. (Motion for Direction - Note: In past years we have purchased a 1/12 page "Message-of-Support" at a cost of $250.00) D - 9 Township of South Algonquin, advising Council that the Township of South Algonquin on November3, 2005, passed the following resolution: 'WHEREAS municipalities in Ontario are strapped with a Current Value Assessment (CVA) system that has created outrageous spikes in assessment, some over 100% and these unprecedented hikes in assessment will translate into corresponding increases in taxes for the portion of assessment that is in excess of the average increase in any given municipality; WHEREAS municipalities are at a loss to adequately analyze the full impact of the new property assessments by only receiving the new Assessment Roll in mid-December while the majority of the 2006 assessments are in the hands of ratepayers by mid-October; WHEREAS the criterion of realty sales for establishing new assessments each year is very volatile; very frivolous; very unfair and very unpredictable and there is no correlation between the severe tax increases generated by many of these assessments and the provision of municipal services which remain virtually unchanged from year to year; WHEREAS the Provincial Government froze the 2004 Assessment Roll for the 2005 taxation year in response to cries of outrage stemming from a flawed Current Value Assessment system, yet the proposed Assessment Roll for the 2006 taxation year will create even more hardship than that generated at the time of the freeze; WHEREAS Ontario's municipalities deserve immediate, as well as long term relief from a "broken" assessment system that is failing all areas of this province; Summary of Correspondence - 11 - Decernber12,2005 THEREFORE BE IT RESOLVED that Provincial Ombudsman Andre Marin, who has launched a full investigation into the Current Value Assessment system and the Municipal Property Assessment Corporation, be urged to recommend to Premier Dalton McGunity an immediate short term solution whereby the 2005 moratorium on assessment increases would be extended through the 2006 taxation year. This "freeze" would also allow more time for MPAC to replace their 30-year old computer system for a new Integrated Property System that is scheduled for implementation befqre the end of 2006; BE IT ALSO RESOLVED that both Ombudsman Andre Marin and Premier Dalton McGuinty recognize that the Provincial Government should undertake a systemic review of CVA during the 2006 moratorium period in order to develop and implement a more equitable; a more stable, and a more transparent assessment system; BE IT FINALLY RESOLVED that all 445 municipalities as well as A.M,O. and R.O,M,A, receive this resolution and be requested to endorse it as soon as possible and forward a copy of their endorsement to Ombudsman Andre Marin and Premier Dalton McGuinty." (Motion for Direction) D - 10 Karen Landry, Clerk, Town of Halton Hills, advising Council that the Town of Halton Hills on November 28, 2005, passed the following resolution: 'WHEREAS on October 17, 2005, the Ombudsman for Ontario announced an investigation into whether the Municipal Property Assessment Corporation (MPAC) valuing of properties is fair and transparent; AND WHEREAS on October 18, 2004, the Municipal Property Assessment Corporation stated it is willing to work with the Onibudsman for Ontario to identify and deal with any issues or concerns regarding the assessment process; AND WHEREAS the Council for the Town of Halton Hills is on record as having concerns regarding the accuracy, fairness, and transparency of the assessment process; AND WHERESAS the Council for the Town of Halton Hills has received numerous comments, complaints and concerns from residents including many seniors on fixed incomes, within the municipality regarding the fairness of the assessment of their properties and their ability to pay their property taxes due to dramatic increases in the assessment values of their properties; AND WHEREAS Halton Hills is recognized as a very diverse community of urban, industrial, rural residential (including hamlets), agriculture. These same residents may face restrictive measures such as Niagara Escarpment, three Conservation Agency Guidelines and the new Green Belt policy; Summary of Correspondence - 12- December 12, 2005 AND WHEREAS the Council for the Town of Halton Hills and Regional Municipality of Halton are on record as being willing to be part of a pilot project to test other models sources for the delivery of property assessment services; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Halton Hills fully supports the efforts of the Ombudsman of Ontario in the review of the fairness and transparency of the property assessment system as administered by the Municipal Property Assessment Corporation; AND FURTHER THAT the Town forward a letter to the Office of the Ombudsman of Ontario indicating its support for the investigation into the fairness and transparency of the valuation of properties by the Municipal PropertrAssessment Corporation; AND FURTHER THAT a copy of this resolution be forwarded to all other municipalities in the Province of Ontario asking that they also indicate their support for the investigation into fairness and transparency of the valuation of properties by the Municipal Property Assessment Corporation; AND FURTHER THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, local Members of the Provincial Parliament (MPP), the Municipal Property Assessment Corporation (MPAC), and the Association of the Municipalities of Ontario (AMO)." (Motion for Direction) 1-4 darington Older Adult Association Board of Directors Meeting Minutes of Friday November 18, 2005 Present: V. Ashton J. Greenfield J. Hilborn L. Lyle D. MacArthur D. Morris J. Roberts S. Robson Regrets: M Richards J. Schell N. Welsh J. Williams Guests: J. Coffey S. Crosby L. McDonald 1.0 Call to Order The meeting was called to order at 9:00 a,m. by Vice President J. Greenfield. 2.0 Approval of Agenda The agenda was approved with the addition of 7.9 Parking. D, Morris requested that she give the Membership report at the beginning of the committee reports, Moved: L. Lyle Seconded: J.Hilbom CARRIED 3.0 Approval of Minutes from Previous Meeting The minutes of October 17"', 2005 were approved. Moved: D. MacArthur Seconded: D. Morris CARRIED 4.0 Business Arising 4.1 Merging of Boards J. Coffey reported he has had several discussions with L. Barta regarding the incorporation status, merging the bank accounts of the Beech Centre and Older Adults, etc. L. Barta has advised the CDM staff that N, Taylor is looking into all issues and that the CDM should continue to operate with the charitable status until notified otherwise, J. Coffeywill merge the bank accounts once the Beech Centre reconciliations are completed. The target for the entire merge is January 1 ", 2006. 4.2 CDM Logo Contest A selection committee was formed after all submissions for the logo were received on October 31. The committee consisted of one board member, a member and staff. A logo submitted by Moe Richards was selected to represent the centre. The logo will be re-designed by a graphic artist and it should be officially launched in the New Year. J. Coffey and L. McDonald met with a contact in order to brainstorm a "slogan" to be used with the logo for presentations, etc. It is: Opportunity . Growth . Community 1 4.3 Janitorial Service Contract J. Coffey reported that the closing date of the janitorial contract was postponed until Thursday November 17. There was a site visit on November 7 and bidders were invited to tour the facility and ask questions. Once the submissions are received by the town, L. :Mitchell will send the proposals over and the interviews will be held within the next several weeks. 5.0 Correspondence There wa. no correspondence at this time. 6.0 Reports 6.1 President I'resident M Richards sent his regrets. 6.2 Executive Director Infonnation deferred to New Business, 6.3 Municipal S, Oosby reported that the Oarington Older Adult Association will not be included in the annual Municipal grant process. S. Oosbymentioned that L. McDonald and J. Coffeywill receive correspondence from the Municipality of Oarington before Ouistmas regarding preparation for the 2006 budget and a copy of the 2005 financial statements to date, The indoor walking track will now be available Monday to Friday, 8:30 - 9:30 a.m, until June 2006 Board Reports 6.4.1 Finance The financial statements for both accounts were distributed to all Board members. 6.4.2 Fundraising J. Roberts reported that the Branson bus trip raised a profit of approximately $2200 for the CDAA The Euchre Extravaganza event raised a profit of apfroximately $600. Upcoming events include Smile Theatre on November 30 and a Country and Western NIght on Saturday March 25th. The entertainment for the Country and Western night will be Bonnie and Friends. The cost per ticket is $6. It was suggested via telephone by J. Williams that the fundraising committee discuss having a thermometer stating their fundraising goals in order to encourage members to fundraise. .Al:tion: The committee to discuss goal setting/thermometer idea at their next meeting. 2 6.4.3 Hospitality The catering crew continues with success! An average of 74 members have been attending the Tuesday lunches. Several new volunteers have been assisting in the kitchen, N. Welsh requested that all board members and staff be available to sexve at the Christmas lunch on Tuesday November 29. The roM hospitality staff will be catering to an 80th birthday party and the Rotary Christmas dinner. 6.4.4 lVIembership D, lVIorris reported that the Christmas Dinner & Dance will be held on Fr;day December 2. Additional tickets are now available and 22 tables will be set-up. A letter of complaint was received regarding table resexvations, D. lVIorris dealt with the complaint. The two entertainers to receive a token of $25 gift card for the Oshawa Centre, To date, there are 588 members. Last ye.., at this time there were 525 members. 6.4.5 Nominating Report submitted by N. Welsh, Three potential candidates have been approached to sexve on the Board of Directors. These candidates have expressed an interest, although they are still making their decision, 6.4.6 Programs Jo-Anne has been working on the winter program guide. It will be available the last week of November. 6.4.7 Property J. Greenfield repotted that the leaves have been raked from most of the gardens. We are waiting for the town to gather the leaves in the yard. The Ouistmas trees will be set-up and decorated the week of November 21. J. Coffey and L. McDonald met with F. Hoxvath to discuss the roof, painting the main floor of the building, moving the thermostats from the office into the lunch-room, as well as purchasing and installing a mirror in the front lobby. D.MacArthur reported he received an inquiry as to why the darington Beech Centre does not recycle. D. MacArthur to follow-up with F, Hoxvath. lVIotion: "To approve all reports as circulated." lVIoved: L. Lyle Seconded: J. Roberts CARRIED 7.0 New Business 7.1 Board lVIeetings - Dates and Frequency The Board discussed the dates and frequency of future meetings. It was decided that all Board meetings will now be held on the 2nd Friday of each month at 9:00 a.m. 3 7.2 Special Board Meeting L. McDonald received an information package at the OACAO annual conference in October, L. McDonald requested a special Board meeting for all Board members to attend in order to discuss this information. The Board will meet on TuesdayJanuary 10 at 2:00 p.m. 7.3 Signing Authority Motion: "That the Executive Director be added as a financial signing officer in addition to the three current directors and that the TD Bank be notified of this change." Note: All financial documents will still require any two signatures of the four signing authorities. Moved: J. Hilborn Seconded: J. Pattrick CARRIED 7.4 Insurance for Members J. OJffey repotted that he has been approached by Hardiman Mount & Associates Insurance Brokers from Whitby, regarding personal insurance for our members. Johnston Insurance, a representative for the OACAO, has also approached all senior centres in Ontario and has offered them an ' incentive of $20/ person if our membership calls their company, states that they're a member and requests a quote. It was discussed that the CDM should contact local insurance agents regarding an information package for our members before following up with outside companies, Action: J. Coffey to follow-up and contact local insurance agencies re: potential information for CDAA members. . 7.5 Strathaven Request J. OJffey has received numerous telephone calls from Strathaven regarding the Beech Centre being used as an emergency shelter. J. OJffey discussed this issue with F, Horvath. The following motion was reconunended. Motion: "That the request received from Strathaven Lifecare to use the darington Beech Centre in the event of an emergency be forwarded to the Municipality of darington to the attention of Nancy Taylor, Director of Finance and Gord Weir, Fire Chief for reply and comment. If the Municipality plans to allow Strathaven Lifecare to use this facility, the Board would like to be advised prior to a final decision being made." Moved: D. MacArhthur Seconded: J. Roberts CARRIED 4 7.6 Snow Removal Contract J. Coffey reported that Harold Brown is retiring from snow plowing. J, Coffey contacted L. Mitchell at the Municipality of Oarington regarding this issue. L. Mitchell contacted and obtained a quote from D&F Snow Removal. The quotation was faxed to the OOAA and included pricing for removing the snow (per time rate), as well as the cost of drawing the snow away. D& F has the contract for the Rickard Complex, Fire Hall, etc. Motion: "To accept the proposed snow removal contract with D&F Snow Removal." Moved: J. Roberts Seconded: J. Hilborn CARRIED 7.7 Office Equipment for Presentations J. Coffey suggested that the darington Older Adult Association purchase a laptop and projector. The laptop and projector will be used for the pwpose of improving presentation fonnats, etc. Om-endy, the staff are using overheads and low-tech presentations when invited to various community events to promote the centre, Motion: "That the Oarington Older Adult Association proceed with the pun::hase of a laptop and projector of up to a maximum of $4000." Moved: J. Hilborn Seconded: J. Pattrick CARRIED 7.8 Transportation - Community Care Motion: "That L. McDonald notify S.Banie, Community Care, that the Oarington Older Adult Association will continue with the subsidy program for transportation to OOAA programs and that L. McDonald ask S. Banie to notify the COAA of the new rates once they are established." Moved: D. MacArthur Seconded: J. Roberts CARRIED 7.9 Par.king J. Coffey reported that he has met with P. Broom to discuss signage for the Beech Centre parking lot. No- parking signs for the ftre route will be put up in the lot asap. It was also suggested that larger "In" arid "Out" signs be posted at both parking lot entrances, 8.0 Adjournment The meeting was adjourned at 10:50 a.m. Moved: J. Roberts Next Meeting: To Be Announced 5 1-5 SANTA CLAUS PARADE - MINUTES OF MEETING REVISED November 16, 2005 Start Time: 7:01PM Finish Time: 8:10 PM Attendance: Valerie McCormick, Roger Leetooze, Dawn Longmire, Tracy Bayley- Buckle, Kathy McLaughlin, Marie Hammond, Sheri Crago, Terryl Tzikas, Debbie Fernandes Absent: Rob Flynn Minutes were read and motion to accept the minutes by Roger seconded by Tracy. All in agreement VALERIE McCORMICK - Chairperson . Valerie stated that the cars and drivers have been arranged for dignitaries . Val has picked up the "caution" tape . There will be a donation sent from St. Marys Cement to Marie . Sue St. John received bill from "This Week" for ad. . Volunteer is needed for Ontario and Brown Street. . We will discuss parade route at our Wrap up meeting. . trying to collect all 44 buttons and list the years we are missing. It would be nice for the Committee to have a complete set. MARIE HAMMOND - Treasurer . $5,300 has been donated about $1,000 down from last year TRACY BAYLEY- BUCKLE -Makeup . Tracy has quite a few volunteers for this year's parade. . Reids Dairy: 120 bags have been ordered, we must pay for these this year and if we inform them earlier there will be no charge . Dawn has ordered more make up DEBBIE FERL".NDES - Floats and Fillers . Floats and fillers are all set. DAWN LONGMIRE - Buttons, Costumes . Buttons will be picked up on Friday and delivered to Legion on Friday . Rita Jenkin will open up Memorial Park at 10:00 on parade day ROGER LEETOOZE - JudginglPosters/Rogers Cable/Buttons and Button boxes . Val has trophies. . Roger has a 3rd judge . Boxes have been moved to the Legion . Posters have been delivered, to Newcastle, Orono, Newtonville, Bowmanville, Courtice and areas . Roger will pick up programs from James Publishing and deliver to Legion . There maybe a charge for generator this year . Val, Mark and Lome will set up table, chairs and Canopy TERRYL TZIKAS - Secretary . Permits are all in place . Terryl has not been able to get a hold of Rick at Bank of Montreal to use their space . The school is confirmed but she will double check KATHY MCLAUGHLIN - Publicity . There was an ad in This Week on the front page with Ken Hockin . Will put Thank you ad in paper SHERI CRAGO - Bands . Durham Girls Choir would like to be in parade and will participate for free . We will start the parade off with this Group (Durham Girls Choir) . This group will also receive $200.00 for participating NEW BUSINESS . Parade Route: It was decided to hold off on vote for parade route until wrap up meeting, Take a poll on parade day to crowd to see their opinion. Next meeting N.o: . ember 28, 2005 - Wrap up meeting and Pot Luck Time 7:00 pm. At Val's Home Clw:inglOn 1-6 CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting-Approved by Committee Thursday, October 20, 2005 at 7:00 p.rn. PRESENT: Andrew Kozak (Chair) Councillor Don MacArthur Gord Lee Clayton Morgan Lisa Robinson Glenn Wallis (Vice-Chair) Don Carter David Duffie Dave Rickard ALSO PRESENT: Leslie Benson, Manager of Transportation & Design Ron Baker, Traffic & Transportation Co-ordinator Constable Keith Richards Stuart McAllister, Road Safety Co-ordinator, Durham Region Donna Van Schyndel, Recording Secretary REGRETS: Ron Radcliffe, Dirk Zinner, Tony Cannella, Director of Engineering Services 1.0 ADOPTION OF MINUTES MOVED by Don Carter; SECONDED by; Don MacArthur. THAT: "The minutes of the September 15,2005 meeting be approved," CARRIED 2.0 ITEMS FOR INFORMATION a) Road Watch-(Keitb Richards) There were approximately 25 citizen report forms and 150 radar message board reports recently processed. Road Watch Websites (Old vs. New) Members should review the web sites and bring back their comments to the next meeting. Members can also provide comments to Leslie Benson by email or by calling her directly. CT.'vlAC MINUTES ') October 20, ~()05 b) Traffic Watch Update-(Ron Baker) Below is a summary of violations reported between September 15 to October 14,2005. Traffic Watch 2005 Sub Date Violations Most Posted # 2005 Reported Violations/Hr. Time Period Aaaressive Speed Location Sept. Trulls Rd. S of 15 15 96 17.5 9:00-2:30 111 50 Taunton Sept. Prestonvale Rd. N of 15 19 28 9.3 8:30-11 :30 85 50 Oke Rd. Sept. 16 19 21 10.5 12:00-2:00 99 60 Salina Rd. S. of Nash Sept. Old Scugog Rd. at 16 20 50 12.5 8:30-12:30 102 60 Marvleah Crt. Old Scugog Rd. at Sept. Hampton 17 28 46 11.5 8:30-12:30 96 50 CemeterY Sept. Cone. Rd. 3 W. of 17 30 57 14.3 8:30-12:30 123 60 Lockhart Robert Adams Dr. at 18 Oct. 4, 2 2 9:00-11 :00 77 50 Mulholland Nash Rd. at Fourth 18 Oct. 4 32 16 11:00-1:00 82 50 Ave. 18 Oct. 5 40 13.3 8:30-11 :30 119 50 Cone. Rd. 6 in Solina Cone. Rd. 7 at 19 Oct. 11 85 17 9:00-2:00 113 60 Lanamaid Prestonvale Rd. N of 19 Oct. 14 18 12 9:30-11 :00 85 50 Oke Rd. 1651 violators reDorted to-date b) Highway 407 Update Leslie Benson will update the group at our next meeting. 3.0 AGENDA ITEMS FOR DISCUSSION a) All-way Stop Draft Warrants Ron Baker conducted new traffic and pedestrian counts at various locations where all-way stops had been requested in the past. This was done to test and evaluate the draft "proposed warrant criteria", which staff and the CTMAC have been working on. The draft warrant criteria are a modified version ofthe all-way stop requirements in the Ontario Traffic Manuals. It is hoped that the new warrant method will better address the needs ?f Clarington and will permit a more consistent approach to reviewing and approving all-way stops. CT.'vIAC MINUTES 3 Octob0r 20, 200S The one site, so far, that has met the new warrants, is aT-intersection at Claret Road and Sandringham Drive in Courtice, The intersection is south of Dr. Emily Stowe Public School and the south approach is on a curve. If the all-way stop were approved by Council in late November or early December, pavement markings would still need to be applied, locates obtained, a number of signs installed, trees trimmed and one tree removed to improve sight lines. Keith Richards also had concerns about introducing an all-way stop during the school year. Even with the proper signing, new installations can initially catch motorists unaware until they adjust to the sign being there, The Committee felt this may be the type of situation where it may be appropriate to hold a community meeting. The members thought it wise to have the nearby school send notices home with children if a new stop condition were to be introduced. The following motion was made: THAT: "The Clarington Traffic Management Advisory Committee supports the Engineering Services recommendation to install an all-way stop at the Claret Road and Sandringham Drive intersection in Courtice, subject to improvement of sight lines. The installation should take place in the summer months rather than during the school year." MOVED by Clayton Morgan; SECONDED by; David Rickard. CARRIED b) Wilkins Crescent Speed Bump Request Ron Baker has been in contact with the resident who requested a speed bump on Wilkins Crescent. The resident responded back about booking a time to borrow the radar gun, c) CTMAC Draft Web Page The Committee is to review the draft and will either bring back comments to the next meeting or will contact Leslie Benson directly, prior to the meeting. The Committee felt that feedback from emails received from the link on the web site should be brought to the attention of Committee members in order to build a closer rapport with residents. It was discussed that the Committee's constitution may have to be revised, Cl'.i'vlAC MINUTES 4 October 20, 2005 4.0 NEW BUSINESS AT DIRECTION OF CHAIR a) Items of Interest to the Committee Solina Rd. between Hwv. 2 & Bloor St. Speed Bumps There has been a complaint from a resident about the speed at which vehicles are traveling on Solina Rd, south ofHwy. 2. Police patrolled this area and found it hard to justify spending hours at a location where few vehicles travel, especiaily when there are so many others in great need. The Engineering Department received the complaint and will follow up with the resident to see if they would like to borrow the radar gun. Engineering will monitor speeds and advise the Committee of their findings. Lights at Baseline & Liberty It was requested that the Region (through Stuart McAllister), check to see if the walk signal needs to be repaired. Resignation of Committee Member Shane Morris handed in a letter of resignation due to employment commitments. Andrew Kozak will contact the Clerk's department to enquire about advertising for a Ward 1 position, The recording secretary will send a thank you letter. Input for Future Traffic Initiatives for Municipality of Clarilllrton Any traffic enforcement ideas should be directed to Durham Regional Police, Constable Keith Richards of the Traffic Detachment area (905).579-1520. He has set up this initiative whereby the public would get involved and contribute new traffic enforcement or educational ideas. Traffic Signals-Bowmanville Mall Entrance This section of road is in the Municipality of Clarington' s jurisdiction. Durham Region will be installing traffic signals at the new entrance this year, SCUgOg & Longworth Traffic Flow Construction north of the Scugog and Longworth intersection is still underway, Once the construction is finished Ron Baker will perform a traffic count. Extension of Longworth east of Libertv to Mearns Construction by the developer will likely commence next spring. cr.;,.1AC MINUTES 5 October 20, 2005 BaselinelDurham Rd. 57 Intersection Reconstruction Construction should be completed by December 2005 with some work carried over to the spring of 2006. Hampton School Closure Residents feel that if it occurs, the closure of this school will create increased pedestrian and traffic volume on King Lane, They are concerned about children who walk in this area. Residents have been informed that if the children are transferred, pedestrian counts will be taken and sidewalks may be considered on King Lane. 5.0 NEXT MEETiNG DATE November 17, 2005 - 7:00 p.m. - Committee Room lA-Enter via Municipal Administrative Centre, 40 Temperance 81. Bowmanville, through the north door on Church 81. 6.0 ADJOURNMENT MOVED by; Clayton Morgan THAT: "The meeting be adjourned at 8:50 p.m." CARRIED .~ I - 18 Tyrone Community Centre Memorandum To: Executive Board Members From: Lynda Burnett Cc: Charlie Trim, Pat Pingle, Town Clerk Date: December 2, 2005 Subject: Minutes - November Community Centre Board Meetina Attendees: Lynda Burnett Jack Wilson Peter Knowlton Walter Loveridge Patty Woodcock Shari Rowan John Scanlan MINUTES FROM NOVEMBER 17TH MEETING Motion to approve minutes from the last meeting. Moved: Patty Woodcock Seconded: Shari Rowan CARRIED TREASURER'S REPORT Balance in the General Account $2978,80 with approximately $1100,00 to deposit. Shari will be calling to discontinue the yellow pages ad because it is not cost effective for the hall. BOOKING REPORT Nothing to Report BAR REPORT Canisters of pepsi were found outside of the bar area, The user is unknown. YOUTH REPORT Nothing to report SENIORS REPORT John Scanlan is going to get a key cut for the seniors and give it to Jack Wilson so he can provide it to Doreen, The seniors report that the small table with the drawer is missing again, The previous renters will be contacted to see where they put it, Pictures were taken off the walls for a rental. Anyone speaking with prospective renters should be made aware that if they remove the pictures from the wall, they are responsible for returning them to the wall at the end of their function, "Tyrone... catch the Spirit!" 2716 Concession Rd. 7 Tyrone, ON, L1C 3K6 www.tyroneontario.com (905) 263-4330 ~ Tyrone Community Centre CLEANING REPORT Jack Wilson suggested having a supply of light bulbs available in an accessible location so he can replace any when needed, OLD BUSINESS 1. Fundraising - The hallowe'en dance drew a profit of $1748,00, Well done to everyone that assisted in the event and sold tickets, Pictures taken by Lynda Burnett will be displayed in the front foyer of the hall in the trophy cabinet. 2. TAA Issues The Durham Christian High School booked the hall through the town and the doors of course were locked as it Wi:.~ :1ot understood that the washrooms would be part of the rental. The Phys, Ed, Teacher called to complain. John suggested that the town be made clear that cleaning costs are usually charged when the washrooms are included as part of a sporting event rental that is primarily outside, 3. Program Grants Shari Rowan will fill out this year's form and submit It. 4. Maintenance Municipality of Clarington Issues: Fred Horvath was at the hall on November 10th for the meeting which had to be postponed until the following week. He is currently on holidays and will try to attend a future meeting to address the municipality issues, . Painting Funds - The gables have been painted Nothing new to report on the issues listed below... . Exit lights are missing some of the covers . Lights is the parking lot do not fit the proposed landscaping plan . Basketball net pole is bent over . North soccer pitch fence Water softener installation and hand basin replacement . Leak in south basement . Removal of window cages . Rental of kitchen 5. Upright freezer The freezer will be left at the curb for pickup, It was insisted that the door be removed to prevent any accidents prior to pickup. 6. Leaflet Drops We are awaiting some information from Fred Horvath prior to the leaflets being created, We will then make a decision as a board regarding the distribution, "Tyrone ... catch the Spirit!" 2716 Concession Rd. 7 Tyrone, ON, L1C 3K6 www.tyroneontario.com (905) 263-4330 ~ Tyrone Community Centre 7. Hall Use Ideas A few ideas were mentioned by the hall board members at the October meeting for community use of the hall. Below is the listing with other additions from the November meeting. Hall board members should bring all of their ideas by the next meeting, Breakfast with Santa Texas Hold 'em Wing Night Spaghetti Night Family Game Night Leisure Olympics CPR Training First Aid Training NEW BUSINESS 1. Defibrillator Machine A defibrillator machine can be bought for the hall with training included for $1000-$1500, Further information will be available at the next meeting. 2. Breakfast with Santa The date for this event is set for December 10th, It was suggested that there be no charge for the community as a pancake breakfast is not to expensive. A voluntary donation to the local food bank will be suggested to attendees, Motion for the hall to cover the cost of the event, Moved: Lynda Burnett Seconded:' Patty Woodcock CARRIED 3. Garbage Pickup Garbage pickup at the hall has been sporadiC at best. Pat Pingle suggested that it be put out and if it isn't picked up to contact the Township and set a specific day for regular pickup, 4. Ministry of the Environment Form Lynda Burnett will read and review the form and proceed as required, If any issues require attention from the hall board it will be addressed at the next meeting. Motion to Adjourn Moved: Peter Knowlton Seconded: Lynda Burnett Meeting was adjourned at 8:08 p,m, CARRIED "Tyrone... catch the Spirit!" 2716 Concession Rd. 7 Tyrone, ON, L1C 3K6 www.tyroneontario.com (90S) 263-4330 ffE Tyrone Community Centre Agenda - December 8, 2005 APPROVE MINUTES FROM NOVEMBER 17TH MEETING TREASURER'S REPORT BOOKING REPORT BAR REPORT YOUTH REPORT SENIOR'S REPORT CLEANING REPORT OLD BUSINESS 1. Fundraising 2. TAA Issues 3. Program Grants 4. Maintenance Municipality of Clarington Issues: . Exit lights missing some of the covers . Parking lot lights - proposed plan . Basketball net pole is bent over . North soccer pitch fence . Water softener installation and hand basin replacement . Leak in south basement . Removal of window cages . WHMIS Training 5. Upright Freezer 6. Leaflet Drops 7. Hall Use Ideas 8. Defibrillator Machine 9. Breakfast with Santa 10. Garbage Pickup 11. Ministry of the Environment Water Test NEW BUSINESS MOTION TO ADJOURN "Tyrone ... catch the Spirit!" 2716 Concession Rd. 7 Tyrone, ON, L1C 3K6 www.tyroneontario.com (905) 263-4330 ~lPgtnn REPORT #1 REPORT TO COUNCIL MEETING OF DECEMBER 12,2005 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, DECEMBER 5, 2005 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-046-05 - Monthly Report on Building Permit Activity for October, 2005 (b) CSD-018-05 - Municipality of Clarington's Participation in the Summer Jobs Service Program 2. FORTHWITH RECOMMENDATIONS (a) COD-066-05 - Tender CL2005-43, Alexander Boulevard Retaining Wall and Soper Court Staircase Repair, Bowmanville 3. REZONING TO PERMIT THE SEVERANCE OF THE EXISTING MANSE FROM NEWTONVILLE UNITED CHURCH OWNER: TRUSTEES OF THE NEWTONVILLE/SHILOH/KENDAL PASTORAL CHARGE THAT Report PSD-141-05 be received; THAT the rezoning proposal for the severance of the existing manse from the Newtonville United Church be referred back to Staff for further processing and preparation of a subsequent report; and THAT all interested parties listed in Report PSD-141-05 and any delegations be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623-3379 Report #1 -2- December 12, 2005 4. ZONING BY-LAW AMENDMENT TO PERMIT THE REDEVELOPMENT OF TWO PROPERTIES WITH 14 SINGLE DETACHED DWELLINGS APPLICANT: PENWEST DEVELOPMENT CORPORATION THAT Report PSD-142-05 be received; THAT the rezoning proposal for redevelopment of two properties be referred back to Staff for further processing and preparation of a subsequent report; and THAT all interested parties listed in Report PSD-142-05 and any delegations be advised of Council's decision, 5. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 17, 2005 THAT Report PSD-143-05 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on November 17, 2005 for applications A2005-0042, A2005-0046, A2005-0048, A2005-0049, and A2005-0050, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 6. PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A SELF SERVE CAR WASH APPLICANT: MOOLCO INVESTMENTS INCORPORATED THAT Report PSD-144-05 be received; THAT the rezoning application submitted by Moolco Investments Incorporated be approved and that the proposed Zoning By-law contained in Attachment 2 to Report PSD-144-05 be passed; THAT Council pass a By-law 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-144-05 and Council's decision; and THAT all interested parties listed in Report PSD-144-05 and any delegations be advised of Council's decision. Report #1 - 3- December 12, 2005 7. APPLICATION FOR REMOVAL OF PART LOT CONTROL OWNER: MAPLE WOODS LAND CORPORATION THAT Report PSD-145-05 be received; THAT the request for removal of Part Lot Control with respect to Lots 16 and 24 inclusive on Registered Plan 40M-2265 and Lots 1 to 9 inclusive, Lots 12 to 17 inclusive and Lots 19 to 25 inclusive on Registered Plan 40M-2278, be approved and that the Part Lot Control By-law attached to Report PSD-145-05 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD-145-05, any delegations and the Regional Municipality of Durham Planning Department be advised of Council's decision. 8. PORT DAi;.;"'iNGTON WATERFRONT PARK - CONCEPTUAL MASTER PLAN DESIGNATION OF WETLAND AS PROVINCIALLY SIGNIFICANT THAT Report PSD-146-05 be received; and THAT all interested parties listed in Report PSD-146-05 and any delegations be advised of Council's decision. 9. WITHDRAWAL OF APPEAL TO DRAFT PLAN OF SUBDIVISION THAT Report PSD-147-05 be received; THAT the appeal filed by the Municipality of Clarington with respect to City of Oshawa decision to grant draft approval to proposed plan of subdivision S-O-2004-03 be withdrawn; and THAT a copy of Committee's decision be forwarded to the City of Oshawa and the Region of Durham Planning Department. 10. PROPOSED OFFICIAL PLAN AMENDMENT, ZONING BY-LAW AMENDMENT AND PLAN OF SUBDIVISION TO PERMIT 389 RESIDENTIAL UNITS, A PARK BLOCK AND AN ELEMENTARY SCHOOL BLOCK APPLICANT: WED INVESTMENTS LIMITED (THE KAITLlN GROUP LTD.) That Report PSD-148-05 be received; THAT the application to amend the Clarington Official Plan being Amendment No. 47, submitted by WED Investments Ltd be approved as contained in Attachment 4 to Report PSD-148-05; Report #1 -4- December 12, 2005 THAT the Plan of Subdivision 18T-90051, submitted by WED Investments Ltd, be approved and that the Director of Planning Services be authorized to issue Draft Approval subject to the conditions contained in Attachment 5 of Report PSD-148-05; THAT the application for Zoning By-law Amendment Dev 91-003 submitted by WED Investments Ltd. be partially approved as contained in Report PSD-148-05 as Attachment 6 and that the zoning for Block 154 be referred back to staff for a subsequent report at such time site details are available; THAT the Mayor and Clerk be authorized by By-law to execute a Subdivision Agreement between the Owner and the Municipality of Clarington, atsuch time as tl,e agreement has been finalized to the satisfaction of the Directors of Engineering Services ?nrj Planning Services; THAT the Durham Region Planning Department be forwarded a copy of Report PSD-148-05 and Council's decision; and THAT all interested parties listed in Report PSD-148-05 and any delegation be advised of Council's decision. 11. PEDESTRIAN CONCERNS - TOOLEY ROAD, COURTICE THAT Report EDG-047-05 be received; THAT the sidewalk construction on Tooley Rd" remain scheduled to coincide with the Adelaide Avenue extension and not be advanced at this time; THAT the regulatory speed limit on Tooley Rd. be posted consistently as 50 km/hr from Nash Road to Pebblestone Road by removing the 60 km/hr zone from 1200m north of Nash Rd to Pebblestone Road; and THAT the by-law attached to Report EGD-047-05 be approved. 12. DONATION - PUBLIC ACCESS DEFIBRILLATOR THAT Report CSD-017-05 be received for information; THAT the cost of the annual certification and training for staff be funded through the Community Services Department's operating budget; THAT a small plaque be installed with the unit, acknowledging the donation by Barbara Standley; and THAT Barbara Standley be formally thanked for her offer and advised of action taken. Report #1 - 5- December 12, 2005 13. ANIMAL SERVICES ASSISTANCE AGREEMENT - CITY OF PICKERING THAT Report CLD.044-05 be received; and THAT the by-law attached to Report CLD-044-05, authorizing the Mayor and Clerk to execute the necessary agreement, be approved. 14. APPOINTMENT OF PARKING ENFORCEMENT OFFICERS THAT Report CLD-045-05 be received; THAT the by-laws attached to Report CLD-045-05 to appoint parking enforcement officers be forwarded to Council for approval; and THAT Julie Amanda Gibson, P.R.O. Security Investigation Agency Inc., Valiant Property M:::nagement, Eastway Property Management Inc., Moustapha Elhassani, WED Property Management Ltd., Bob Genosko, Larry Postill, Mike Bourke, Glen Duncan, Mike Williams and Gary Somoygi be advised of Council's decisions, 15. INFORMATION REPORT - HYBRID VEHICLES THAT Report COD-064-05 be received; THAT Council endorse the proposed inclusion of a hybrid pick-up truck in the 2006 Operations Department Capital Budget, subject to the vehicle replacement schedule requirements; THAT the hybrid truck be a General Motors vehicle; and THAT the municipalities within Durham Region be advised of Council's decision. 16. CO-OPERATIVE TENDER T-257A-CL2005, DOMESTIC FUEL OIL THAT Report COD-067-05 be received; THAT Shell Canada Products with a net unit price in the amount of $0.7109 per litre (excluding GST), meeting all terms, conditions and specifications of the Co-operative Tender T-257A-2005 be awarded the contract to supply and deliver NO.2 Domestic Fuel Oil to the Municipality of Clarington for a three year term; THAT pending satisfactory service and pricing, the contract be extended for an additional two years; and THAT the funds expended be drawn from the respective years operating budget allocation for heating of facilities. Report #1 - 6- December 12, 2005 17. APPOINTMENT OF AUDIT REVIEW GROUP THAT Report FND-019-05 be received; and THAT the audit review group be comprised of the Mayor as Chair of Finance, the Chief Administrative Officer and the Director of Finance/Treasurer and that this group be delegated the oversight responsibility for the financial reporting process. 18. 2004 AUDIT MANAGEMENT LETTER COMMENTS AND RECOMMENDATIONS THAT Report FND-020-05 be received; and THAT the actions taken in the body of Report FND-020-05 be endorsed. 19. RATIFICArlON OF "CLOSED" MINUTES THAT the actions taken at the "closed" meeting be ratified, Report II 2 Cl,Niggron REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: December 12, 2005 Report#: CLD-047-05 File#: By-law #: Subject: ORDER TO RESTRAIN - KRABI RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1. THAT Report CLD-047-05 be received; 2. THAT the Order to Restrain served on Annie Krabi be upheld; and 3. THAT Annie Krabi, Barb Jenkins and Ian Monteith be advised of Council's decision. Submitted by: ()~~. Reviewed by: Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO: CLD-047-05 PAGE 2 BACKGROUND The Animal Services Division was advised of an incident of a dog attack which occurred on Sunday, September 11, 2005. Barb Jenkins and Ian r.10nteith report that they were riding their bikes along Lambs Road when a German Sheppard ran out of a driveway and chased their bikes. According to Ms. Jenkins, the dog was barking, nrowling, snarling viciously and snapping at her tires. Mr. Monteith reports that the dog left the owner's property and began chasing and snapping viciously at him, He states that the dog was nasty and the owners were nowhere in sight. He was able to sprint away from the dog, Following the investigation, an Order to Restrain was issued based on the dog placing persons at the risk of physical harm. The Order to Restrain requires Ms. Krabi to: 1. licence and register the dog with the Clarington Animal Shelter and have the dog permanently identified by microchip implantation; 2. notify the Animal Shelter staff immediately upon relocating the dog or upon transferring ownership of the dog; 3, restrain the dog at all times, while the dog is on its own property, by keeping it enclosed in a pen or other enclosure in such a manner as to prevent the dog from leaving the property and to prevent contact with people and other animals; and 4. restrain the dog at all times, while the dog is off their own property, with the use of a muzzle and a leash no longer than 6 feet and under the care and control of a person who is 16 years of age or older. REPORT NO.: CLD-047-05 PAGE 3 Following this incident, Ms. Krabi purchased a licence from the Municipality. Ms. Krabi has filed an appeal of the Order and will address Council on December 12, 2005 to address this issue. Interested parties to be advised of Council's decision: Ms. A. Kraoi Ms. B. Jenkins Mr. I. Monteith Report # 3 Cl~n REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: December 12, 2005 Report #: CLD-048-05 File#: By-law #: Subject: ORDER TO RESTRAIN - DEMERS RECOMMENDATIONS: It is respectfully recommended that Councij approve the following: 1. THAT Report CLD-048-05 be received; 2, THAT the Order to Restrain served on Nancy Demers be upheld; and 3. THAT Nancy Demers and Karen Darling be advised of Council's decision. Submitted by: ()~~ ~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO: CLD-048-05 PAGE 2 BACKGROUND The Animal Services Division was advised of an incident of a dog attack which occurred on VVednesday,August24,2005. According to Karen Da;ling, she was walking down Brooking Street when she heard a door open and close and then a Rottweiler was all over her dog (a 1-1/2 to 2 year old fox terrier/mini pincher). The Rottweiler continued to circle her while she was walking down the street and tried to get her dog while he was in Mrs. Darling's arms. The police were contacted and the officer went to the home to report the incident. Mr. Greg Morrison reports that he advised Mrs. Darling to sit on his porch as she was very upset with the Rottweiler following and chasing her. Following the investigation, an Order to Restrain was issued based on the dog placing persons and/or a domestic animal at the risk of physical harm. The Order to Restrain requires Ms. Demers to: 1. licence and register the dog with the Clarington Animal Shelter and have the dog permanently identified by microchip implantation; 2, notify the Animal Shelter staff immediately upon relocating the dog or upon transferring ownership of the dog; 3. restrain the dog at all times, while the dog is on its own property, by keeping it enclosed in a pen or other enclosure in such a manner as to prevent the dog from leaving the property and to prevent contact with people and other animals; and 4, restrain the dog at all times, while the dog is off their own property, with the use of a muzzle and a leash no longer than 6 feet and under the care and control of a person who is 16 years of age or older. REPORT NO.: CLD-048-05 PAGE 3 Following this incident, Ms, Demers purchased a licence from the Municipality, Ms. Demers has filed an appeal of the Order and will address Council on December 12, 2005 to address this issue. Interested lCarties to be advised of Council's decision: Ms. N. Demers Mrs. K. Darling Report # 4 CJNh!gron REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: December 12,2005 Report #: CLD-049-05 File#: By-law #: Subject: 2006 ACr.ESSIBILlTY PLAN IN ACCORDANCE WITH THE ONTARIANS WITH DISABILITIES ACT RECOMMENDATIONS: It is respectfully recommended that Council approve the following: 1, THAT ReporLCLD..049-05bereceived; 2. THAT the 2006 Accessibility Plan attached as Schedule A to Report CLD-049-05 be adopted in accordance with the Ontarians With Disabilities Act; and 3. THAT the Accessibility Advisory Committee be thanked for their ongoing commitment and work. Submitted by: ()~:= QAR Reviewed by: Franklin Wu, Chief Administrative Officer PLB CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-40-04 PAGE 2 OF 2 BACKGROUND AND COMMENT In accordance with the Ontarians With Disabilities Act, each year the Council of every municipality shall prepare an accessibility plan addressing the identification, removal and prevention of barriers to persons with disabilities in the municipality's by-laws and in its policies, programs, practices and services, Accordingly, the proposed Accessibility Plan for 2006 is attached hereto as Scr,adule A. It is recommended that Council adopt the plan as the Municipality of Clarington's 2006 Accessibility Plan. Once adopted, the plan will be made available to the public on the Municipality's website, through the Clarington Public Library and through the Municipal Clerk's Department. If requested, a Braille copy of the Plan will be provided, David Kelly, Chair of the Accessibility Advisory Committee will be in attendance at the Council meeting to summarize the Plan for Council's information. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 Leading the Way 2006 ACCESSIBILITY PLAN IN ACCORDANCE WITH THE Schedule A to Report CLD-049-05 u ONTARIANS WITH DISABILITIES ACT December 12, 2005 , Introduction The Accessibility for Ontarians with Disabilities Act, 2005 received Royal assent on June 13, 2005. The requirements of the Ontarians with Disabilities Act, 2001 are to be followed, however, until such time as the regulations for the new act have been published. Clarington's 2006 Accessibility Plan provides an update of past activities and initiatives identified for 2006, in accordance with the Ontarians with Disabilities Act, 2001. The Accessibilitv Advisory Committee In accordance with the Act, an Accessibility Advisory Committee was established in 2002. The membership of the Committee is in place for the term of Council (November 30, 2006) or until their successors are appointed. Meetings are held the first Thursday evening of each month in the Municipal Administrative Centre and are open to the public. In 2005, the Committee continued its work on the initiatives outlined in the inaugural plan, ie: Clarington Accessibility Plan Page 2 · Review various by-laws and policies, ie, purchasing, taxi licensing, parking, traffic/transportation . Undertake a public building analysis · Investigate Community Services programs . Review site plans for new development and buildings, . structures and premises being purchased, constructed, . signific,antly renovated or leased by the Municipality . Provide a forum for persons with disabilities to raise issues and concerns · Coordinate the dissemination of information regarding issues faced by persons with all types of disabilities and regarding the work undertaken by the Committee · Develop a Business Awards of Excellence to recognize businesses that have eliminated barriers . . Prepare a Directory of Services Clarington Accessibility Plan Page 3 Business Awards of Excellence In an attempt to raise awareness of accessibility issues in the Clarington business community, The Amazing Challenge was held on March 4, 2005. Members of Council, the -.. _.- business community, and the local media were invited to complete a series of simple tasks around downtown Bowmanville using an assistive device, ie, wheel chair, walker, or glasses to simulate vision impairment and cane. The participants were asked to retrieve a deposit envelope from an Automatic Teller Machine, purchase a soft drink or chocolate bar at a convenience store and then return to the Municipal Administrative Centre to share their experiences. Certificates of appreciation have been presented to the businesses that took part in the Challenge. In conjunction with the Challenge, a checklist was published on the Municipality's web site outlining measures business owners could take to make their establishment more accessible to the public. This list included some simple tips such as placing a straight backed chair with no arms inside the store to allow customers to rest; keeping aisles clear of Clarington Accessibility Plan Page 4 clutter or displays; having as high a level of lighting as possible without glare; using simple, clean and large font for all signs or shelf tickets. Participants in the Challenge found the experience to be very educational. Many indicated that they had not truly thought of the struggles much of the population faces on in doing busir, ~ss within the Municipality a day-to-day basis. Heightened awareness is paramount in creating a barrier- free society. Public BuildinQ Analysis A public building analysis has been undertaken by the Operations Department. Over the course of the next year, the Committee will be working in conjunction with the Operations Department to eliminate any barriers highlighted in the analysis. Clarington AccessibilitY Plan Page 5 Rick Hansen Wheels in Motion Once again this year, the Committee organized and hosted the Clarington Rick Hansen Wheels in Motion Campaign. The event was held on June 12 at Darlington Provincial ---,------ --..--. ~ Park. Through the work of many volunteers and participants, approximately $14,000 was raised, an increase of $6,000 over 2004. It is anticipated that a grant in the amount of approximately $7,000 will be awarded to Clarington to be used to either provide an accessible service/program for the Municipality or to purchase accessible equipment. Site Plan Review The Committee continued to review site plans of commercial establishments and municipal facilities. Through these reviews, comments are passed along to the Planning Services Department for discussion with the applicants. It has been very heartening to see that the suggestions of the Committee have been considered and implemented in various development plans. Clarington Accessibility Plan Page 6 DialoQue Through interaction with municipal staff, the Committee has been able to raise concerns of the residents related to accessibility issues and jointly formulate resolves. A concern was raised related to the application fees applicable ",'.:,en attempting to retrofit a home to make it accessible for an individual with a disability. A report was presented to the Municipal Council and the fee structure was altered such that an application to the Committee of Adjustment for accessibility issues would be exempt from the fee schedule. Ongoing dialogue continues throughout the Regional Municipality of Durham through meetings held with the area municipality Accessibility Committee Chairs and staff. These meetings are a very valuable tool in exchanging information and ideas between municipalities. In June of 2005 the Committee was given the opportunity to attend the Access Ontario conference held in Burlington, Ontario. The information brought back from this conference Clarington Accessibility Plan Page 7 has been invaluable. We are able to see that the same accessible issues we deal with in our community are not only municipal wide, but province wide. The issues of accessibility have no borders; they reach far past our nation and spread internationally. Aging population and more . ._-~.~ ---.-.- awareness of various disabilities are just a few of the reasons that we are noticing an increase in awareness of accessibility issues within our own local community and abroad. The information from this conference touched on many areas that affect our own residents here in Clarington. Issues such as Accessible Transportation, Employment, Housing, Education, Sports and Recreation, and Preparing for the Future for your disabled family member were discussed. These are issues that affect our neighbours who face physical challenges every day. Site Plan Review procedures were discussed in detail. In addition, the function and operation of the Committee and how it's most important objective was to promote accessibility in all areas of the municipality we reside in was discussed. Clarington Accessibility Plan Page 8 The Accessibility Advisory Committee has and will continue to benefit greatly from the wealth of information and contacts that were provided from being a part of this conference. In addition, the information will be used to help the Committee better understand the issues that our residents face, and will allow us the chance to work towards promoting a more accessible Clarington. Many accessibility committees from all over On:-.Jrio were present at this conference. It is reassuring to know that many other Municipalities are working towards the same goals. By knowing the issues we face, and working together with other communities, we can achieve accessibility here in Clarington, across the province, the country and throughout the world. Municipal Governments have a crucial role in providing inclusion and access to all of its residents. The Accessibility Advisory Committee has a crucial role in assisting with this goal. Clarington Accessibility Plan Page 9 Community Awareness The Committee will be assembling accessibility information to be distributed at various community functions and activities in order to raise awareness of accessibility issues " .__.__ ____n______.__ _ .~~ __ .._____ __.__ _ _ _ and the effect these issues have on our residents. Through education and awareness, the Municipality of Clarington can . ~. become a municipality where all residents can take part in every aspect of community life. 2006 Initiatives During 2006, the Committee will continue the work that has been ongoing toward the completion of the various initiatives highlighted earlier in this document. As well, the Committee is planning sensitivity training sessions; will be involved in assisting the Newcastle Branch Library project planning team; will review the public building analysis; and review the Accessibility for Ontarians with Disabilities Act, 2005. The Committee will also continue to provide a forum for issues and concerns to be raised and will provide information regarding accessibility issues to the residents of the Clarington Accessibility Plan Municipality of Clarington. An information booth will be an essential tool in educating the public about issues and resources relevant to the Municipality. Communication of the Plan Page 10 This plan will be available on the Municipality's web site as well as at tbA Municipal Administrative Centre. We will make every attempt to make it available to those with disabilities. A Braille copy will be provided, upon request. Questions related to this plan should be directed to: Patti L. Barrie, A.M.C.T. Municipal Clerk Municipality of Clarington 40 Temperance Street Bowmanville, Ontario L 1 C 3A6 Telephone: (905) 623-3379 E-Mail: pbarrie@c1arington.net ClfJ!igglOn Report II 5 REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: December 12, 2005 Resolution #: Report #: COD-065-05 File#: By-law #: Subject: Pay Equity Plan Review Recommendations: It is respectfully recommended to Council the following: 1. THAT Report COD-065- 05 be received; 2. THAT Council authorize the Chief Administrative Officer to undertake an independent review of the Municipality's existing Pay Equity Plan (McDowell Plan) for applicability to today's work environment with a report back to Council; 3. THAT the funding for the independent review be included in the 2006 Administration Budget, 4. THAT future reviews of Pay Equity questionnaires, except those positions identified in report COD-54-05 which were referred back for reconsideration by the Pay Equity Committee, be suspended until the completion of the independent review and report to Council; 5. THAT CUPE local 74 President, and the Members the Union Pay Equity Committee be advised of Council's actions respecting the Union Pay Equity Plan review and the Chief Administrative Officer's intention to advise the Union of the consultant's recommendations upon completion of the review; 6. THAT the Members of the Non-Affiliated Pay Equity Committee be advised of Council's actions respecting the Non-Affiliated Pay Equity Plan review, and the Chief Administrative Officer's intention to review the recommendations of the review with the Committee upon its completion; and REPORT NO.: COD-065-05 PAGE 2 7. THAT, as the Municipality is the recognized employer for Library Pay Equity purposes, the Library Board be advised of Council's decision. Submitted by: arie Marano Director of Corporate Services Reviewed bU~ --...../~~ Franklin Wu Chief Administrative Officer MM*ca BACKGROUND REPORT NO.: COD-065-05 PAGE 3 1. The Pay Equity Legislative review and the Municipal Pay Equity history and practice were reviewed with Council on November 21, 2005, As part of that review the CAO identified some questions and suggestions regarding the Pay Equity practices of the Municipality, 2. The presentation identified that the Pay Equity process and the McDowall, 12- factor, Job Evaluation Plan has been in place since 1990, when Pay Equity was achieved. Although the Plan has been tested and has met the standards set out by the Pay Equity Commission, it has been in place for a significant period of time and as such a review may be appropriate. 3. The CAO recommended in the presentation to Council, that an independent review of the Plan for its applicability to today's work environment be completed, An independp.'1t consultant with expertise in Pay Equity would support the Municipality'::; continued efforts in maintaining its commitment to Pay Equity maintenance. 4. It is proposed that an R.F.P. will be developed setting out terms of reference which will include a review of the present process including the Committee structure, the degree of compliance with legislative maintenance obligations, and the applicability of the factors in the Municipal workplace and any other identifiable gaps or deficiencies. It is also anticipated that the terms of reference for the review will include a requirement that the consultants meet with both Pay Equity Committees, the preparation of a report with recommendations on the practice, process, grid reference to the Plan, and legislative compliance. They will also be asked to develop criteria to be used in determining appropriate the time for a job review thereby eliminating reviews which are not warranted. 5. As a result of the significant implications of amending the plans, the Chief Administrative Officer is recommending that the review be conducted by independent consultants in a comprehensive manner. If the independent review recommends that a new plan be developed, or that a substantial revision of the existing plan would be beneficial to the Pay Equity maintenance process, the entire review could be lengthy, taking perhaps up to a year to complete. Should the recommendation include a change to the plan, in compliance with the legislation, the details would ultimately require negotiation with the Union, and the posting of the revised plan. Consequently, the Union is advised through the recommendations in this report, that Council has authorized a review of the plan. As Council is aware, the non-affiliated plan change would also require posting and it would result in the re-opening of the 90 day complaint window. Any change would be required in both plans due to the potential for comparable references under the proportional value assessment previously applied to the Corporation and in order to maintain fair and equitable treatment for all female positions. REPORT NO.: COD-065-05 PAGE 4 6. The budget for this review is recommended for inclusion in the Chief Administrative Officer's budget for 2006, with a report back to Council on the results. Should the review result in a major change to the plans, the cost is estimated to be approximately $35,000. 7. Report COD-54-05, was referred back for review with the Pay Equity Committee. The employees covered in that report initially submitted a joint questionnaire which may not have provided the Committee with the opportunity to evaluate some of the factors pertinent to some positions appropriately. These employees have been requested to resubmit separate questionnaires, which will be reviewed by the Committee in 2006. It is recommended that these reviews be co'nducted under the present practices which were prevailing at the time of the original subrllission. 8. In order not to complicate the Pay Equity process while under review, it recommended that future requests for reviews be suspended until the completion of the independent review and report to Council. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-6506 Report II 6 Cl!JlIDglOn REPORT PLANNING SERVICES Meeting: COUNCIL Date: Monday, December 12, 2005 Report #: PSD-138-05 File #: PLN 1.6.8 By-law #: Subject: GTA TA;,.,,( FORCE ON OMB REFORM RECOMMENDATIONS: It is respectfully recommended to Council adopt the following Resolution: 1. WHEREAS the Ontario Municipal Board was created to resolve municipal land use issues at a time when municipal governments were small and had limited planning expertise; AND WHEREAS the role and mandate of the Ontario Municipal Board have not been significantly altered in response to increased municipal planning skills or expanded municipal responsibilities for land use planning responsibilities for land use planning under the Planning Act; AND WHEREAS the Ontario Municipal Board has broad planning powers and can make decisions in the absence of a full municipal review of a planning application and can overturn local planning decisions; AND WHEREAS Ontario Municipalities invest significant resources in staff time, legal and other associated costs in establishing and implementing local planning policy; AND WHEREAS there is growing concern from municipalities and citizens that the decisions of the Ontario Municipal Board are eroding local planning authority; AND WHEREAS there have been numerous Council Resolutions, municipal reports and reports from planning professionals and academics advocating reform of the Ontario Municipal Board; AND WHEREAS the GTA Task Force on OMB Reform, an informed group of municipal representatives and staff, after study and consultation, made practical recommendations for improvements to the planning appeal process; AND WHEREAS the Ontario Government has indicated their intention to introduce legislation enacting significant reforms to the OMB and the planning appeal process in the Fall 2005 session of the Legislature; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington generally endorses the recommendations of the Report of the GTA Task Force on OMB Reform dated March 7, 2003 with the modifications with respect to Improvement Area 4 identified in Report PSD-098-03; THAT the Government of Ontario clarify by legislation the adverse impact of the Clergy Properties decision of the OMB as outlined in Report PSD-1 06-04; THAT the GOV::;-,lment of Ontario take appropriate steps to ensure public confidence in the OMB as an appellate tribunal as outlined in Report PSD-106-04; THAT the Government of Ontario take all steps possible to limit the length and expense of hearings; AND FURTHER BE IT RESOLVED THAT this resolution be circulated to the Attorney General, the Minister of Municipal Affairs and Housing, local MPPs and the Chair of the GTA Task Force on OMB Reform Submitted by: Reviewed bY()~ ~ Franklin Wu, Chief Administrative Officer vi , Crome, M.C.I.P" RP.P, Director of Planning Services DJC/df 6 December 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-138-05 PAGE 3 1. On October 24, 2005, Council considered and referred correspondence from Roger Anderson, Chair, the Region of Durham on OMB Reform to the Director of Planning Services for a report, The correspondence requested that the Municipality endorse a resolution to support the recommendations of the GTA Task Force on OMB Reform. The resolution is to be forwarded to the Minister of Municipal Affairs and Housing and the Attomey General. 2, The Municipality previously commented on OMB Reform through Report PSD-106-04, comments on thtl Consultation Discussion Paper #3, The Report is attached. 3. The Municipality generally endorsed the direction of the recommendations of the GTA Task Force, specifically: . That the OMB should act as a true appeal body that would only conduct hearings "de novo" after a "leave to appeal" mechanism has been successfully tested to show that no reasonable Council, applying sound principles and acting in good faith, could have made the same decision. 4. The Municipality made several other recommendations: . That the Clergy Properties Ltd. decision of the OMB should be reversed by legislation so that all relevant evidence available at the date of the hearing must be admitted. . Public confidence in the OMB must be ensured by the appearance and ability to be independent through the following: )> The appointment and reappointment procedures of the Board members should be approved by,' among other things, requiring six year terms with automatic reappointment unless performance is below what is required,; )> Reasonable compensation must be paid to members; )> All initial appointments should be probationary for 6 months; and )> Discipline procedures for members not performing satisfactorily. . Case management for the OMB must be improved by requiring, among other things, that the Solicitor confirming that the case is ripe for a hearing, and that the Board is not used as a negotiating tool. 5. In addition to the above, staff are of the view that hearings are too long broadly defined, and complex leading to tremendous expense without adding commensu~ate value to the planning process, It is further recommended the Government continue to find ways to streamline the hearing process, including limiting the length of hearings. 6. Accordingly, the model resolution forwarded by Regional Chair Anderson has been modified to reflect the above comments. REPORT NO.: PSD-138-05 PAGE 4 Attachments: Attachment 1 - PSD-098-03 Attachment 2 - PSD-106-04 Altacnmem 1 To Report PSD-138-05 (~!J!ilJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2003 Report #: PSD-098 -03 File #: PLN 1.6.8 By-law #: Subject: GT A T A:';K FORCE ON OMB REFORM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council that the following resolution be adopted: . WHEREAS the Ontario Municipal Board was created to resolve municipal land use issues at a time when municipal governments were small and had limited planning expertise; AND WHEREAS the role and mandate of the Ontario Municipal Board have not been significantly altered in response to increased municipal planning skills or expanding municipal responsibilities for land use planning under the Planning Act; AND WHEREAS the Ontario Municipal Board has broad planning powers and can make decision in the absence of a full municipal review of a planning application and can overturn local planning decisions; AND WHEREAS Ontario Municipalities invest significant resources in staff time, legal and other associated costs in establishing and implementing local planning policy; AND WHEREAS there is growing concern from municipalities and citizens that the decisions of the Ontario Municipal Board are eroding local planning authority; AND WHEREAS there have been numerous Council Resolutions, municipal reports and reports from planning professionals and academics advocating reform to the Ontario Municipal Board; AND WHEREAS the GTA Task Force on OMB Reform, an informed group of municipal elected representatives and staff, after study and consultation, has made practical recommendations for improvements to the planning appeal process; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington generally endorses the Report of the GT A Task Force on OMB Reform dated March 7, 2003 with the modifications with respect to Improvement Areas 4 identified in Report PSD-098-03; AND FURTHER BE IT RESOLVED THAT this resolution and a copy of this Report be circulated to the Chair of the GTA Task Force on OMB Reform, the Attorney General, the Minister of Municipal Affairs and Housing, and the provincial party leaders. Original signed by D.J. Crome Original signed by D. Hefferon Submitted by: Dennis Hefferon Solicitor Submitted by: David J. Crome, MCIP, RP,P, Director of Planning Services Original signed by F, Wu Reviewed by: Franklin Wu, Chief Administrative Officer IL *DJC*DH'sh August5,2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-09S-03 . PAGE 3 1.0 BACKGROUND 1.1 On March 10, 2003, the Clerk of the Municipality of Clarington received the Report of the GTA Task Force on OMB Reform. The GTA Task Force requested that the recommendations included in the Report be endorsed by Council (Attachment 1), Council received the request on March 1 ih and forwarded it on to Planning Services for review and comment. The Task Force has forwarded the same request to all of the municipalities within the Greater Toronto Area. Municipal endorsed recommendations will be submitted to the Minister of Municipal Affairs and Housing and the Attorney General with the request that they be implemented by the Government of Ontario. The TaskForce Report contains a background history on the formation and function of the OMB, It irrl;-:-ates the reasoning behind the establishment of the Task Force and explains the clJ'lsultation process and the research that was conducted in order to make the conclusions and recommendations contained in the Report. Several key issues were identified during the review, These are as follows: . The role and jurisdiction of the OMB . Procedural complaints . Barriers to public participation . Cost of municipal/agency participation . Credibility/impartiality of the OMB . Strength of the planning framework . Value added by the OMB process Two principles form the basis for the recommendations made by the Task Force. These are that: . planning decisions of democratically elected Municipal Councils should not be replaced by the decisions of a Provincially appointed body unless there is demonstrable evidence of error or impropriety on the part of Council; and . property rights are important and aggrieved parties should be entitled to some relief and remedy when a Municipal Council acts improperly, arbitrarily or outside of its jurisdiction. 2.0 TASK FORCE RECOMMENDATIONS 2,1 The Task Force rejected the option of advocating the abolition of the OMS since it was of the opinion that if the OMB was abolished, there would not be adequate provision for protecting the rights and providing remedies for aggrieved parties. However, the Task Force recommended four specific areas for improvement: . update the role of the Ontario Municipal Board; REPORT NO.: PSD-098-03 PAGE 4 · enable timely municipal decisions based on complete information; · support citizen participation through intervenor funding; and . promote an independent and fair tribunal. . 2.1.1 Improvement Area 1: Update the Role of the OMB Since the OMB was established, municipal responsibilities have grown and expanded. Provincial planning legislation and policy have also matured. However, the role and mandate of the OMB has not adapted to these changes. Currently the OMB acts as a planning decision maker in substitution for planning decisions of municipal councils. The OMB does not provide a true appeal or review mechanism as a last resort for dealing with fairly local decisions. It conduct" de novo hearings allowing "a new presentation of the issues' which the Council may or may not have had the opportunity to consider when Council made its decision on the matter, Since the OMB has the power to make any decision the Council could have made, and the OMB's decision may be quite different from the decision of Council reflecting either or both of different information presented to the OMB and different planning values being adopted by the Board, it does not function as a review or true appeal agency. In this regard, the Task Force recommended that the OMB process should be a review or true appeal of municipal planning decisions and not an automatic hearing de novo. The Task Force recommend that a two stage process be adopted. Stage one would be to determine if a leave to appeal should be granted. The OMB would review the planning process and the complaint and determine whether council has acted unreasonably. If the OMB determines that Council has acted unreasonably, leave to appeal would be granted and the appeal would proceed to stage two, which would bea de novo hearing before the Board, In determining whether leave to appeal should be granted, very importantly the Task Force suggested that the OMB apply a test such as the following: "That no reasonable Council, applying sound principles and acting in good faith, could have made the same decision or have failed to make a decision. n If applied by the OMB, this test would go a long way to remedy the present situation in which the OMB can substitute its decision for that of Council reflecting the OMB member's planning values on matters that essentially are of local policy. In a democratic society these decisions should be made by elected and not by appointed bodies. Staff concur with this recommendation. Staff note that when the OMB automatically conducts a de novo hearing the significant amount of time, REPORT NO.: PSD-098-03 PAGE 5 expertise, and expense that has been invested in the municipal decision making process may be wasted, However, should the OMB determine on application of the above suggested test that a Council has acted unreasonably, then the entire application should be reviewed by the Board from the beginning in order that the correct decision can be made. Only in this situation is a hearing de novo by the OMB justified, 2.1.2 Improvement Area 2: Enable Timely Municipal Decisions Based on Complete Information Currently, an applicant for a planning decision can appeal an application to the OMB if Councii has not made a decision within 90 days of the complete application being filed. The Planning Act requires that an application must be "comple:~' so that Council can have the opportunity to make an informed decision. However, under the present Planning Act, an application may be judged to be "complete" whether or not all information and studies that have been required by a municipality have been submitted by the applicant. Whether or not the supporting documentation that Council considers necessary to make an informed planning decision has been provided, when the 90 day period expires, the applicant has the right to appeal to the OMB. Both the shortness of the 90 day appeal period and the lack of definition of a "complete application" have serious consequences to municipalities and are inconsistent with responsible, informed decision-making by Councils on planning applications, The Task Force recommended the following changes to the Planning Act: · a definition of a "complete application" be provided which will include information and documentation required by a municipality to properly process the application and make an informed decision · municipalities be given the right to reject an incomplete application · preconsultation be mandated between municipalities and an applicant on all applications for Official Plan amendment and municipalities be required to confirm requirements in writing within a specific timeframe after the preconsultation · any dispute in regards to the information required could be brought to the Board or arbitrated at any time · allow 150 days from receipt of a "complete application" for Council's decision before an applicant can request the OMB to grant leave to appeal The Task Force also recommended that the OMB be given the jurisdiction to stay any appeal process including a request for leave to appeal if it determines that the municipality has not been provided information required to make a decision or has not had sufficient time to review all submissions related to an application. Staff would concur with these recommendations. REPORT NO.: PSD-098-03 PAGE 6 Defining what constitutes a "complete application" and giving municipalities the right of rejection of incomplete applications is necessary to ensure that. the municipalities have the opportunity to make informed decisions on the merits of an application before the matter is taken out of their hands by an appeal to the OMB. Preconsultation on Official Plan amendments would give applicants clear direction on what documentation is required in order for the application to be properly reviewed. Allowing 150 days for the decision making process to occur will provide Council with a more reasonable timeframe to consider an application, Ninety days is often inadequate for a municipality to give proper consideration to complex plannir.~ issues while respecting both the rights of applicants and of residents who may be impacted by the proposal. Also, presently the 90 day appeal period allows applicants who choose to do so to coerce favourable decisions frolT] municipalities by appealing to the OMB during negotiations and thus threaten the municipalities with the costs of an OMB hearing if the appeal is pursued. This is simply not fair to the municipalities or the public they represent. . 2.1.3 Improvement Area 3: Support Citizen Participation Through Intervenor Funding This section of the Report deals with the difficulties faced by citizens or citizen groups in participating in an OMB hearing. Participation is noted as expensive, time consuming and legally complex, These considerations act as barriers to citizen participation in the OMB process. Also, the effective presentation and defence of a public interest requires legal representation and expert evidence. The Task Force recommended that a program be established to fund citizen group participation in de novo hearings provided that the group: . is incorporated or appropriately organized to participate in a hearing . has participated in the local planning process . is able to raise funds to contribute to the appeal process . is appealing a matter of broad public or provincial interest The Task Force suggested that the province allocate an annual amount of funding to assist citizen groups, that a cap be set on the amount available to a single group, and that there be specifications on how the money is to be used. It also suggested that the funding be "possibly supplemented with a small surcharge on development applications", The recommendation for intervenor funding in very limited circumstances is premised on the Task Force's recommendations to strengthen the municipalities' role in the planning process being adopted by the Government. If this is REPORT NO.: PSD-098-03 PAGE 7 assumed, the Task Force believed that the best way to support public participation in planning matters is to make full use of the municipal planning process, Staff would concur with these recommendations on the assumption that the recommendations of the Task Force to strengthen the role of municipalities in the planning process are adopted by the Government. 2.1.4 Improvement Area 4: Promote an Independent and Fair Tribunal In its review of the OMB, the Task Force stated that "there is definitely a public perception the Board and the appeal process, as currently structured, favour developers". Citing that there is no statistical support for this perception, the Task Fo"..:e made the following recommendations to reinforce the impartiality and fairness of the OMB: . the term of appointment for members be increased from 3 years to 6 years; . a job description which outlines the specific qualification and expertise of OMS members be developed and used in the selection process; . an open process be adopted for soliciting qualified applicants; . a non-partisan multi-stakeholder screening committee be established to interview and recommend to Cabinet candidates for appointment or reappointment; and . a more open performance evaluation process for board members be implemented. Staff would concur with these recommendations with the following modifications: Currently, OMB members are appointed by the Lieutenant Governor in Council by Order in Council for terms of 3 years. The short term of appointments is counter productive to the promotion of independent decision making. Essentially, the appointments are in the discretion of the Provincial cabinet which does not publish its selection criteria. Similarly, the criteria employed by the Provincial cabinet in determining whether a person should be reappointed for a further term of 3 years on the expiry of his or her current term are not published, Reappointments are in the discretion of the cabinet. . The OMB is a Provincial agency mandated to elaborate and implement Provincial policy after conducting a judicial style of hearing under provincial legislation including the Planning Act. It is appropriate that the Government of Ontario which is accountable to the public, continue to retain discretionary authority to appoint OMB members. An advisory committee as recommended by the Task Force to screen the qualifications of candidates and to make appropriate, confidential recommendations to the provincial Cabinet could be useful in respect of initial REPORT NO.: PSD.098-03 PAGE 8 appointments to the OMB. However, since the recommended advisory committee would comprise "stakeholders", the committee should not be involved in performance reviews of members of the board or in making recommendations as to whether particular members should or should not be reappointed, To do otherwise, would carry the serious risk of public perception that the independence of Board members in performing their responsibilities could be undermined by stakeholders, "1"0 ensu~e that the independence of Board members nearing the end of their term is not perceived by the public to be undermined in any way, the Government should adopt the policy of automatic reappointment unless the member's performance evaluation falls substantially below what is required by the performance criteria. A performance evaluation system is discussed below. It is difficult to know what the Task Force had in mind in recommending that an "open process" be adopted for soliciting qualified applicants. General newspaper advertisements could be useful in attracting applications from some potential candidates who might not otherwise apply. However, if the Task Force had in mind a process through which there would be an open, public review of the candidacy of individuals, that would potentially dissuade many otherwise suitable persons from applying for appointment. This would be counterproductive. Staff do not support an open, public review of candidates. Until relatively recently, OMB members were appointed for an indefinite term of office during the Pleasure of Her Majesty rather than for a fixed term of 3 years. In practice, this type of appointment was generally until the member reached superannuation age, The advantage of this type of appointment is that individuals could accept appointments without the constraint of concern as to whether their business or professional practice would be available at the end of a short term of appointment. The disadvantage was that it was difficult for the government of the day to remove members whose performance did not satisfy the government's expectations. The better way to address the latter problem would be for the government to establish a thorough performance evaluation system which is communicated to the members, and a formal process for removing from office members whose performance falls substantially short of what is required under the system. In order to ensure that the performance evaluation system does not undermine the independence of Board members' right of appeal by a member who is aggrieved by his or her performance evaluation to an arbitrator appointed by the govemment should be provided, REPORT NO.: PSD-098-03 PAGE 9 3.0 CONCLUSION 3.1 The Task Force will be presenting their report and the supporting endorsements from municipal councils to the Ministry of Municipal Affairs and Housing and the Attorney General for consideration and implementation. Staff generally support the recommendations of the GTA Task Force Report on OMB Reform with the modifications identified in this Report. Attachment 1 - Report of the GTA Task Force on OMB Reform Attachment2 To Report PSD-138-0S CI!JlIDgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, September 7,2004 Report #: PSD-106-04 File #: PLN 1.1.11 By-law #: Subject: PLANhiNG REFORM INITIATIVES: DISCUSSION PAPER ON OMB REFORM RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-1 06-04 be received and endorsed as the Municipality's comments on the Consultation Discussion Paper #3 on Ontario Municipal Board Reform. 2. THAT Report PSD-106-04 be forwarded to the Ministry of Municipal Affairs and Housing and the Region of Durham Planning Department. SUbm",ed~ . vid,. me, ,.P.P. ---r>lrectoro{ Planning Services Reviewed by: Franklin Wu, Chief Administrative Officer DJC/df 27 August 2004 CORPORATION OF THE MUNICIPAlITY OF CLARINGTON 40 TEMPERANCE STREET. BOW MANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-106-04 PAGE 2 1.0 BACKGROUND 1.1 In June, 2004 the province released 3 consultation discussion papers dealing with planning reform. They include Planning Act Reform and Implementation Tools; Provincial Policy Statement; and Ontario Municipal Board (OMB) Reform, This report deals with the third discussion paper on OMB Reform. 1,2 The release of the three Planning Reform Consultation Discussion Papers on the land use planning system is supported by other initiatives announced as part of the Province's strong communities agenda. This includes the Strong Communities Act (Bill 26) and the Greenbelt Protection Act (Bill 27). In addition, the Ministry of Public Infrastructure Renewal issued Places to Grow: A Growth Plan for the Greater Golden Horseshoe in the Summer of 2004 that provides a long-term vision for growth. Staff will be reporting 0'" ~he Places to Grow discussion paper in the near future. 1 ,3 The major issues that the three Planning Reform discussion papers attempt to address are growth and growth management, especially in the GTA/Golden Horseshoe Area, and what the roles of local and provincial decision-makers should be, The three discussion papers bring together all the reforms proposed by the government for land- use planning; as such, they cannot be read in isolation from the other discussion papers and proposed legislation. 1.4 The Province has noted that it has heard a variety of concerns with respect to the OMB. The main concerns are that the OMB substitutes its opinions for those of elected municipal councils, is inaccessible to the public and requires municipalities to devote scarce resources to defending decisions that have already been dealt with through the planning process, There is the perception that ordinary citizens are not dealt with fairly or given the same attention as the interests of developers. Reforms to the OMB cannot be made without considering their impact on the land-use planning system. 1.5 In preparing our comments, staff has attended the stakeholder sessions hosted by the Ministry of Municipal Affairs and Housing and other information meetings. Staff has provided comments to the Region for their report (attached to PSD-105-04). 1.6 Comments were to be submitted by August 31, 2004, A copy of this report was submitted to the Province indicating that Council would be considering the report on September 13, 2004. 2.0 COMMENTS 2.1 Support for the ReQion of Durham's Recommendations on the OMB The Municipality of Clarington supports the Region of Durham's recommendations respecting Ontario Municipal Board ("OMB") reform. This section of the report will not repeat what has been stated either by the Region in its report to the Province or by the GTA Task Force on OMB Reform to which the Region has referred. The comments and REPORT NO.: PSD-106-04 PAGE 3 recommendations of the Municipality of Clarington set out below are intended to reinforce the Region's recommendations and not to detract from them. 2.2 Appeals to OMB should not be heard de novo. except where it finds an unreasonable decision has been made by applying a specific test through the l!!! of the recommended "leave to appeal" mechanism. Under the current Planning Act, the OMB conducts hearings de novo (literally, to start anew) of matters appealed or referred to it. Very often reports and other evidence will be prepared by an appellant after Council has made a decision and after an appea( to the OMB has been filed by him. The appellant will then present these reports and other evidence to the OMB, In fact, the experts who prepare these reports for presentation to the OMB not infrequently will have been retained by the appellant after the appeal of Council's decrSlon has been filed. They wHl have had no contact with the Municipality before Council makes it decision. Council will not have had the opportunity of considering such reports and other evidence before it makes a decision on the planning matter in question, The result is that in cases where this has occurred, the OMB wHl make a decision on local planning policy that reflects the planning values of the panel of the Board conducting the hearing and the evidence presented to the Board without having the benefit of considering a prior decision of Council that is fully informed on all of the issues and experts' evidence. This produces two unfortunate consequences. First, it fuels criticism of OMB decisions that reverse or amend decisions made by an elected and accountable Council respecting local planning issues and values. Such decisions tend to denigrate the importance of Council decisions to the public and to the development industry. Second, it encourages developers with sufficient resources to save their best evidence for presentation in the first instance to the OMB rather than to the elected Council in order to gain an adversarial advantage,' In order to address this problem, amending legislation is required along the lines recommended by the Region and the GTA Task Force on OMB Reform. In all cases, appeals to the OMB would require permission or leave of the Board which would apply the following test in deciding whether a leave to appeal should be granted: "That no reasonable Council, applying sound principles and acting in good faith, could have made the same decision or have failed to make a decision." The passing of amending legislation would underline the Province's support of municipal government as the crucial decision-maker in identifying and implementing local planning values. REPORT NO.: PSD.106-04 PAGE 4 2.3 Adverse impact of Cleray Properties decision of OMS by passina leaislation. There is a further problem that has arisen as a result of conflicting OMB decisions interpreting a panel of the Board's decision in the case of ClenlV Prooerties Ltd. v. Qi!y of Mississauqa (1996), 34 O.M.B.R. 277 (OMB); appeal dismissed in Cleray Prooerties Ltd, v. Mississauqa (City), Court File No. 3/97 released on September 29, 1997. In one group of decisions, certain panels of the Board have decided that an appellant has an "inviolable right" in law to have its appeal determined exclusively on the basis of the Official Plan and Zoning in effect at the date of the appellant's application to the . Municipality unaer the Planning Act, Subsequent studies conducted by the Municipality may have identified serious public interest issues, The Municipality may have addressed these issues through Official Plan and Zoning amendments. Evidence of the studies and th"" amendments are excluded by these panels of the Board from the evidence that is admitted in the hearing of the appeals, The result is that the public interest issues identified subsequent to the date of the application to the Municipality will be entirely disregarded by the panel of the OMB who decide the appeal. This action is inconsistent with the principles on which the Planning Act is based. It is also inconsistent with the Board's function as a policy maker as well as an adjudicative agency, There is a second group of decisions which conflict with the first. In the second group, other panels of the OMB have decided that evidence of the investigation by the Municipality concerned of a public interest issue and the subsequent approval by Council of Official Plan and Zoning amendments to address the issue, if relevant, will be admitted in evidence in the hearing of the appeal, unless evidence directly conflicts with the appellant's development proposal expressed in his application to the Municipality. This qualification may preclude the admission of the public interest evidence in question. Under the current legislation, there appears to be no available means by which the OMB itself can reconcile these two groups of conflicting decisions. This is an important matter that should be resolved by legislation in the .public interest. The Municipality of Clarington recommends that the Planning Act should be amended to make it clear that in hearing an appeal the OMB must admit all relevant evidence that is available at the date of the hearing whether or not it is inconsistent with the Official Plan and Zoning in force at the date on which the appellant filed a "complete application" with the Municipality under the Planning Act. This amendment should make it impossible for a panel of the Board in a future case to disregard the first group of decisions and the so- called "inviolable right" of the appellant referred to above and the qualification imposed by the second group of decisions discussed above. It would also enable the OMB in appropriate cases to admit and to rely on evidence respecting the public interest developed after the appellant's application was made to the Municipality whether or not such public interest evidence conflicts with the appellant's development proposal set out in his application to the Municipality. This is a necessary amendment to ensure that relevant evidence of the public interest is not excluded from the hearing of an appeal by the Board. REPORT NO.: PSD.106-04 PAGE 5 2.4 Public confidence in the OMB as appellate tribunal must be ensured. The Municipality of Clarington supports the recommendation that the OMB should be an appellate tribunal that is independent of the parties to the appeal and reviews prior decisions of Council, provided that Council. has the opportunity to consider all of the issues and reports presented as evidence in the OMB hearing whenever they were prepared. The Municipality agrees that it is of critical importance that the general public, municipal representatives, the development industry and interested professionals perceive the Board to be an independent and fair expert tribunal. This consideration raises the following issues. (a) Appointment and reappointment procedures for members should be improved. In order to attract and to retain members of the Board of relevant experience and high ability, the Municipality recommends that the Province make the changes set out below to present practices and policies. Currently, OMB members are appointed by the Lieutenant Govemor in Council by Order in Council for terms of 3 years. The short term of appointments is counter-productive to the promotion of independent decision making. Essentially, the appointments are in the discretion of the Provincial cabinet which does not publish its selection criteria.. Similarly, the criteria employed by the Provincial Cabinet in determining whether a person should be reappointed for a further term of 3 years on the expiry of his or her current term are not published. Reappointments are in the discretion of the Cabinet. . The OMB is a Provincial agency mandated to elaborate and implement Provincial policy after conducting a judicial style of hearing under Provincial legfslation including the Planning Act. It is appropriate that the Government of Ontario which is accountable to the public continue to retain discretionary authority to appoint OMB members. An advisory committee as recommended by the GTA Task Force on OMB Reform to screen the qualifications of candidates and to make appropriate, confidential recommendations to the provincial Cabinet could be useful to review and comment to Cabinet on initial appointments to the OMB. However, since. the recommended advisory committee would comprise "stakeholders", the committee should not be involved in performance reviews of members of the board or in making recommendations as to whether particular members should or should not be reappointed. To do otherwise, would carry the serious risk of public perception developing that the independence. of Board members in performing their responsibilities could be undermined by stakeholders. This should be avoided, The Municipality of Clarington believes that OMB members should be appointed for six year terms after the completion of the probationary period, To ensure that the independence of Board members nearing the end of their term is not perceived by the public to be undermined in any way, the Province should adopt the policy of automatic reappointment unless the member's performance REPORT NO.: PSD-106-04 PAGE 6 evaluation falls substantially below what is required by the performance criteria, A suitable performance evaluation system is discussed below. (b) Reasonable compensation must be paid to members. The compensation paid to Board members is far below the compensation paid to senior Provincial officials and to Provincial Court judges. It has not been adjusted for some considerable time. An upward adjustment in compensation is urgently required to attract and retain fully qualified members on the Board. The Municipality of Clarington recommends that the Province review and increase the present levels of compensation of members of the Board using as benchmarks the compensation paid to senior Provincial officials and Provincial Court judges, (c) All initial appointments to OMS should be probationary for 6 months. As in any modern organization, individuals may be appointed members of the Board who may prove to be unable or unwilling to perform their duties in a competent and independent manner. It is important that they are not given 3 year terms initially. The Municipality of Clarington recommends that all appointments to the Board should be on a probationary basis for 6 months with the appointments to be confirmed by Cabinet passing an Order-in-Council on the recommendation of the Chair of the Board if the performance of the members is considered to be satisfactory by the Chair. (d) Discipline procedure of members not performina satisfactorilv should be established. Until relatively recently, OMB members were appointed for an indefinite term of office during the Pleasure of Her Majesty rather than for a fixed term of 3 years. In practice, this type of appointment was generally until the member reached superannuation age. The advantage of this type of appointment is that individuals could accept appointments without the constraint of concern as to whether their business or professional practice would be available at the end of a short term of appointment. The disadvantage was that it was difficult for the government of the day to remove members whose performance did not satisfy the government's expectations. . The Municipality of Clarington believes that a better way to address the latter problem would be for the Province to establish appropriate performance evaluation criteria and system which is communicated to the members, The performance evaluation of members should be conducted by the Chair or a Vice Chair appointed to do so by the Chair. Also, a formal process for removing from office members whose performance falls substantially short of what is required under performance evaluation criteria should be established. . REPORT NO.: PSD-106-04 PAGE 7 The public expects members of the Board to be civil to and respectful of all persons who appear at a hearing of the Board. Conduct by Board members that is patronizing or even in rare cases abusive, is not acceptable, The performance evaluation criteria should include civility and respectfulness as a requirement of continued membership on the Board, Repeated breaches of this requirement should result in the termination of the appointment of the member in question, if confirmed through the inquiry process noted below.. In order to ensure that the performance evaluation criteria do not undermine the independence of Board members; a right of appeal by a member who is aggrieved by his or her performance evaluation to an arbitrator appointed by the Province should be provided. The Chair of the Board should have authority to initiate on complaint being determined to have likely merit or on his or her own motion, an inquiry by a committee comprises chairs of other agencies or other qualified persons who are not members of the Board. The committee should be appointed by the Attorney General and have the mandate to determine whether the particular member should be disciplined for his or her conduct and whether disciplinary action including termination of the member's appointment to the Board should be recommended. The recommendation should be to the Chair of the Board, the Attomey General or the Provincial Cabinet, as appropriate. The Municipality of Clarington believes that if there is to be public confidence in the Board an effective mechanism must be available to ensure that members of the Board satisfy the relevant performance criteria and conducts himself or herself in a manner that is expected by the public of judges and members of quasi judicial tribunals. 2,5 Case ManaQement should be improved bv amendment to OMS Rules. The Municipality of Clarington believes that the OMB's case management procedures work well where appeals to the Board are ripe for hearing, In those situations it is possible for the Board to settle a Procedural Order which identifies the issues that will be addressed at the hearing, set dates for the exchange of witness statements and prepare lists of witnesses who will testify at the hearing of the merits of the appeal. This type of order is issued in order to minimize surprise and the opportunity for trial by ambush to occur with resulting unfairness and delay as well as to promote efficiency and economy of time in the conduct of the hearing itself. The procedures, however, break-down in cases in which a pre-hearing conference is scheduled before an appeal is ripe for hearing. For example, an appeal will not be ripe for a hearing until the Municipality is given a reasonable opportunity to have any necessary further studies undertaken, completed and considered by Council after an application to.it is completed under the Planning Act. In these cases the scheduling of a pre-hearing conference may be requested by an appellant in order to establish those who are likely to object to its proposal well before a hearing on the merits of the appeal is scheduled by the Board, Usually, the Board will direct that only those persons who appear at a pre-hearing conference and are given the status of parties will receive notice of subsequent pre- REPORT NO.: PSD-106-04 PAGE 8 hearing conference to settle the issues, the exchange of witness' statements and other matters, This is practice is unfair to the Municipality and to the general public. It also is a waste of the Board's scarce hearing resources and member's time. It should not be permitted, The Municipality of Clarington recommends that the OMB's Rules of Practice and Procedure be amended to require that the solicitor for the appellant file his or her affidavit certifying that the appeal is ripe for hearing before the Board schedules a pre- hearing conference or schedules a hearing on the merits of the appeal in question. 2.6 Compulsory Madiation should be authorized on experimental basis. The Municipality of Clarington believes that the OMB should have authority on an experimental basis to require parties to participate in mediation of appropriate disputes by members c! the Board before a hearing is held, provided that workable criteria are developed, If mandatory mediation is authorized, it should be tested in a specific area of the Province before it is put in place throughout the Province.. The mandatory mediation process and results should be monitored and evaluated by the Board to determine its success and effectiveness in settling disputes without a formal arbitration by the Board being held, If it is determined to be successful and effective, mandatory mediation then could be extended. The result cOuld be a significant saving of the Board's hearing resources by reducing the number of hearings on the merits of appeals that need to be held. 3.0 CONCLUSION The Province should be commended for its recent initiatives to improve the Ontario planning system. The reform of the OMB is a critical component of the planning system and is essential to support the Province's strong communities agenda. We trust that our comments in combination with those from the Region will be helpful to the Province, Report /I 8 CJ!J!illgron REPORT CLERK'S DEPARTMENT Meeting: Council Date: December 12, 2005 Report #: CLD-051-05 File#: By-law #: Subject: APPOiNTMENT OF MUNICIPAL LAW ENFORCEMENT OFFICERS RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-051-05 be received; 2. THAT the by-laws attached to Report CLD-051-05 to appoint Municipal Law Enforcement Officers be approved; and 3. THAT Paul Shcherbak, Tim Calhoun, Steven Valk, Peter Lomax and Ron Klosinski be advised of Council's decision. Submitted by: . ~ ~-~ ReviewedC~~ Franklin Wu, Chief Administrative Officer PLB*LC*lb CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-051-05 PAGE 2 of2 BACKGROUND AND COMMENT For several years the Fire Captains and Fire Prevention Officers have been appointed as Parking Enforcement Officers in order to allow them to issue parking tickets for offences relating to vehicles interfering with Fire Emergency vehicles and as Municipal Law Enforcement Officers so that they can respond to incidents of illegal burning, Paul Shcherbak, Tim Calhoun, Peter Lomax and Ron Klosinski were recently appointed as Fire Captains. Steven Valk is the newly appointed Fire Prevention Officer. In order for the officers to be able to perform these duties they must be appointed pursuant to the Police Services A"* as Municipal Law Enforcement Officers. All the involved parties are aware that once appointed they must attend the Municipal Administrative Centre for training prior to commencing any enforcement duties. ATTACHMENTS: 1, By-law to Appoint Paul Shcherbak as a Municipal Law Enforcement Officer 2. By-law to Appoint Tim Calhoun as a Municipal Law Enforcement Officer 3. By-Law to Appoint Peter Lomax as a Municipal Law Enforcement Officer 4. By-Law to Appoint Ron Klosinski as a Municipal Law Enforcement Officer. 5. By-Law to Appoint Steven Valk as a Municipal Law Enforcement Officer. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to amend By-law 96-136 and to repeal By-law 2003-189 WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS the Council of the Municipality of Clarington passed By-law 96-136 to appoint Peace officers; and WHEREAS it is desirable to amend By-law 96-136: NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Schedule A to By-law 96-136 is. amended by deleting the names "Michael Creighton" and "Graydon Brown". 2. THAT By-law 2003-189 is hereby repealed. BY-LAW read a first and second time this 12th day of December 2005. BY-LAW read a third time and finally passed this 12th day of December 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is de..:.-iJie to appoint Ron Klosinski as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Ron Klosinski is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. BY-LAW read a first and second time this 12th day of December 2005. BY-LAW read a third time and finally passed this 12th day of December 2005. John Mullon, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHERE,!>." it is desirable to appoint Steven Valk as a Municipal Law Enforcement Officer by 3y-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Steven Valk is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. BY-LAW read a first and second time this 12th day of December 2005. BY-LAW read a third time and finally passed this 12th day of December 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is de;;;.~t;le to appoint Peter Lomax as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Peter Lomax is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. BY-LAW read a first and second time this 12th day of December 2005. BY-LAW read a third time and finally passed this 12th day of December 2005. John Mullon, Mayor Palli L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, who shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREA3 n is desirable to appoint Tim Calhoun as a Municipal Law Enforcement Officer Lo, ::sy-Iaw for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Tim Calhoun is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. BY-LAW read a first and second time this 12" day of December 2005. BY-LAW read a third time and finally passed this 12" day of December 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2005- Being a By-law to appoint a Municipal Law Enforcement Officer WHEREAS the Police Services Act R.S.O. 1990, c. 10, Section 15 (1), authorizes a Council of any Municipality to appoint one or more Municipal Law Enforcement Officers, ..ho shall be Peace Officers for the purpose of enforcing the By-laws of the Municipality; and WHEREAS it is desi:::.:e to appoint Paul Shcherbak as a Municipal Law Enforcement Officer by By-law for the purpose of enforcing the By-laws of the Municipality of Clarington as amended; NOW, THEREFORE, the Council of the Corporation of the Municipality of Clarington hereby enacts as follows: 1. THAT Paul Shcherbak is hereby appointed as a Municipal Law Enforcement Officer for the Municipality of Clarington. BY-LAW read a first and second time this 12'" day of December 2005. BY-LAW read a third time and finally passed this 12'" day of December 2005. John Mutton, Mayor Patti L. Barrie, Municipal Clerk SUMMARY OF BY.LAWS DECEMBER 12, 2005 BY.LAWS 2005-231 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Item #6 of Report #1) (Moolco Investments Incorporated) 2005-232 Being a by-law to exempt certain portions of Registered Plan 40M-2265 (Item #7 of Report #1) (Maple Woods Land Corporation) 2005-233 Being a by-law to adopt Amendment No. 47 to the Clarington Official Plan (Item #10 of Report #1) (Wed Investments Limited (The Kaitlin Group Ltd.)) 2005-234 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the Municipality of Clarington (Item #10 of Report #1) (Wed Investments Limited (The Kaitlin Group Ltd.)) 2005-235 Being a by-law to authorize entering into an agreement with the Owners of Plan of Subdivision 18T-90051 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of 18T-90051 (Item #10 of Report #1) (Wed Investments Limited (The Kaitlin Group Ltd.)) 2005-236 Being a by-law to amend By-law 91-58, as amended, being a By-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington (Item #11 of Report #1) 2005-237 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and the Corporation of the City of Pickering, to enter into agreement for the services for the feed, care and sheltering of animals from the City of Pickering on an interim basis (Item #13 of Report #1 ) 2005-238 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Julie Amanda Gibson (Item #14 of Report #1) 2005-239 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Moustapha Elhassani (Item #14 of Report #1) 2005-240 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Bob Genosko (Item #14 of Report #1) 2005-241 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Larry Postill (Item #14 of Report #1) Summary of By-laws - 2- December 12, 2005 2005-242 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Mike Bourke (Item #14 of Report #1) 2005-243 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Glen Duncan (Item #14 of Report #1) 2005-244 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Mike Williams (Item #14 of Report #1) 2005-245 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Gary Somoygi (Item #14 of Report #1) 2005-246 8~''1g a by-law to authorize a contract between the Corporation of the Municipality of Clarington and All Services Inc., Oshawa, Ontario, to enter into agreement for the Alexander Boulevard Retaining Wall and Soper Court Staircase Repair, Bowmanville (Item #2 a of Report #1) 2005-247 Being a by-law to appoint a Municipal Law Enforcement Officer- Ron Kloskinski (Report #8) 2005-248 Being a by-law to appoint a Municipal Law Enforcement Officer - Steven Valk (Report #8) 2005-249 Being a by-law to appoint a Municipal Law Enforcement Officer - Peter Lomax (Report #8) 2005-250 Being a by-law to appoint a Municipal Law Enforcement Officer - Tim Calhoun (Report #8) 2005-251 Being a by-law to appoint a Municipal Law Enforcement Officer- Paul Shcherbak (Report #8) 2005-252 Being a by-law to amend By-law 96-136 and to repeal By-law 2003-189 (Report #8) 2005-253 Being a by-law to authorize the Municipality of Clarington and the Ministry of Transportation to enter into an agreement to purchase the former Ministry of Transportation Picnic Area located at Highway NO.2 and Morgans Road (approved by Council on September 11, 2001) 2005-254 Confidential Report PSD-150-05 - Property Matter 2005-255 Confidential Report PSD-151-05 - Property Matter