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HomeMy WebLinkAbout12/12/2005 Council Meeting Minutes December 12, 2005 Minutes of a regular meeting of Council held on December 12,2005, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, 1. Cannella (attended until 8: 15 p. m.) Director of Community Services, J. Caruana (attended until 8:15 p.m.) Director of Planning Services, D. Crome (attended until 9:12 p.m.) Solicitor, D. Hefferon (attended until 9:12 p.m.) Director of Operations, F. Horvath (attended until 8:15 p.m.) Manager of Special Projects, F. Langmaid (attended until 9:12 p.m.) Director of Corporate Services, M. Marano (attended until 8:15 p.m.) Director of Finance/Treasurer, N. Taylor (attended until 9:12 p.m.) Director of Emergency Services, G. Weir (attended until 8:15 p.m.) Administrative Assistant to the Clerk, H. Keyzers (attended until 8:15 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be stating a pecuniary interest with respect to Item #3 of Report #1 . Councillor Pingle indicated that she would be stating a pecuniary interest with respect to a property matter to be discussed during the "closed" session. Council Meeting Minutes -2- December 12, 2005 MINUTES Resolution #C-541-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on November 28, 2005, be approved. "CARRIED" PRESENTATIONS Mayor Mutton presented Bill and Lesli-Anne Bagg with the 2005 Grand Champion and Grand Reserve Champion Christmas Trees Award. Fred Mandryk, Principal, John M. James Public School along with Roberta Youngs Ransom and Cathy Abraham, School Board Trustee appeared before Council to discuss the Character Education Program. They provided a power point presentation highlighting the following: . How they started; . The process; . Choosing the attributes; . What is Character Education; . Clarington - A Community of Character; . Action Plan; . Who are the target groups; . Individuality and Cohesiveness; . Statement of purpose; and . Since they started. They are requesting that Council pass a resolution declaring the Municipality of Clarington as a Community of Character. Resolution #C-542-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the order of the agenda be altered to consider the presentation pertaining to the Character Education Program at this time. "CARRIED" Council Meeting Minutes -3- December 12, 2005 PRESENTATIONS Resolution #C-543-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the Municipality of Clarington be declared a Community of Character, that is, a community where respect, responsibility, honesty, integrity, empathy, fairness, initiative, perseverance, courage and optimism are attributes championed by everyone. "CARRIED" DELEGATIONS Resolution #C-544-05 Moved by Councillor Schell, seconded by Councillor Pingle THAT the Rules of Procedure be suspended to allow for the addition of a delegation. "CARRIED" Resolution #C-545-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Mike Black be added as a delegation to address Report CLD-048-05. "CARRIED" David Kelly, Chairman, Clarington Accessibility Advisory Committee presented the 2006 Accessibility Plan in accordance with the Ontarians with Disabilities Act. Mr. Kelly highlighted the past activities of the Committee and outlined future plans. Annie Krabi appeared before Council regarding Report CLD-047-05 - Order to Restrain - Krabi. Ms. Krabi advised that her German shepherd, Snoopy is 1 % years old and is in frequent contact with people. She noted that she hosts church functions on her property all the time and that she has never had to worry about her dog with visitors or children. She requested that the Order to Restrain be withdrawn. Karen Darling appeared before Council regarding Report CLD-048-05 - Order to Restrain - Demers. Ms. Darling requested that the Order to Restrain be upheld and noted that she and her family no longer walk down the street where the incident occurred. Council Meeting Minutes -4- December 12, 2005 DELEGATIONS Michael McFadden was present to answer questions related to Confidential Report CLD-050-05. Resolution #C-546-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the order of the agenda be altered to allow for the consideration of Confidential Report CLD-050-05 at this time. "CARRIED" Resolution #C-547 -05 Moved by Councillor Schell, seconded by Councillor Trim THAT Confidential Report CLD-050-05 be received; and THAT the usual municipal practice be approved. "CARRIED" Mike Black appeared before Council on behalf of Nancy Demers regarding Report CLD-048-05. Mr. Black stated that their dog is only a puppy and he believes that the dog was attempting to play with Ms. Darling's dog. He is requesting that the Order to Restrain be withdrawn. Resolution #C-548-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the order of the agenda be altered to allow for the consideration of Reports CLD-047 -05 and CLD-048-05 at this time. "CARRIED" Report #2 - Report CLD-047 -05 - Order to Restrain - Krabi Resolution #C-549-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report CLD-047 -05 be received; THAT the Order to Restrain serviced on Anne Krabi be withdrawn; and Council Meeting Minutes -5- December 12, 2005 DELEGATIONS THAT Annie Krabi, Barb Jenkins and Ian Monteith be advised of Council's decision. "CARRIED" Report #3 - Report CLD-048-05 - Order to Restrain - Demers Resolution #C-550-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT Report CLD-048-05 be received; THAT the Order to Restrain served on Nancy Demers be upheld; and THAT Nancy Demers and Karen Darling be advised of Council's decision. "CARRIED" COMMUNICATIONS Resolution #C-551-05 Moved by Councillor Trim, seconded by Councillor Pingle THAT the communications to be received for information be approved as per the agenda, with the exception of Item 1-8, I -10, 1- 12, 1- 13, I -14 and I - 15. "CARRIED" I - 1 C10.MO Carol Grylls, Planning Committee Secretary, Region of Durham, advising Council that the Region of Durham on November 15, 2005, passed the following resolution regarding Smart Commute: "a) THAT Report #2005-P-88 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2005-P-88 of the Commissioner of Planning be forwarded to the eight area municipalities." 1-2 T03.GE Martha A. Pettit, Manager Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax, on November 28,2005, passed a resolution urging the Council of the Regional Municipality of Durham to implement a suggested fare structure for the new Regional Transit system. Council Meeting Minutes -6- December 12, 2005 COMMUNICATIONS 1-3 SOO. GE 1-4 C06.0L 1-5 C06.SA 1-6 C06.CL 1-7 C10.MO 1-9 E06.GE I - 11 L 11. GE 1-16 R01. GE I - 17 C10.MO E07.GE Lakeridge Health Corporation, providing a copy of the Report of the Advisory Panel to the Board of Trustees of Lakeridge Health Corporation. Minutes of the Clarington Older Adult Association Board of Directors Meeting dated November 18, 2005. Minutes of the Santa Claus Parade Meeting dated November 16, 2005. Minutes of the Clarington Traffic Management Advisory Committee Meeting dated October 20,2005. 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. 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. 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. 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. 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); Council Meeting Minutes -7- December 12, 2005 COMMUNICATIONS 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 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 community 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): Council Meeting Minutes -8- December 12, 2005 COMMUNICATIONS 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; 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 Council Meeting Minutes -9- December 12, 2005 COMMUNICATIONS 1-18 C06.TY 1-19 F22. GE 1-20 T05.HW 1-21 1-22 1-8 M02. GE 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 1 O. 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." Minutes of the Tyrone Community Centre meeting dated December 2, 2005. 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. 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. 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. 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. 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. Council Meeting Minutes -10- December 12, 2005 COMMUNICATIONS Resolution #C-552-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence I - 8 be referred to the Chief Administrative Officer for a report and input on possible nominations of staff. "CARRIED" 1-10 C10.MO 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, RS.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, RS.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." Council Meeting Minutes -11- December 12, 2005 COMMUNICATIONS Resolution #C-553-05 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution of the Town of Whitby regarding School Crossing Guards be endorsed by the Council of the Municipality of Clarington. "CARRIED" 1-12 E07.GE 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. Resolution #C-554-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item I - 12 be referred to the Director of Operations. "CARRIED" 1-13 C10.MO SOO. GE Dominika Flood, Executive Assistant, GT A/905 Healthcare Alliance, advising Council that the Greater Toronto and Hamilton 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 GT A/905 residents' hospital care is now $255 less than the provincial average compared to $229 less per resident in 2003; Council Meeting Minutes -12- December 12, 2005 COMMUNICATIONS WHEREAS, using new Local Health Integration Network (LHIN) boundaries, the per capita funding for GT A/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 GTA/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 GT A/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 GT A/905 to begin to improve local access to hospital care in the GT A/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; 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 GT A/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 GT A/905 Healthcare Alliances' report, Places for Care as a starting point e) approve the capital development projects for Ajax, Milton and Burlington hospitals." Council Meeting Minutes -13- December 12, 2005 COMMUNICATIONS 1-14 C10.MO P16.GE 1-15 C10.MO Greater Toronto and Hamilton 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." Greater Toronto and Hamilton 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; 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 Council Meeting Minutes -14- December 12, 2005 COMMUNICATIONS 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." Resolution #C-555-05 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the resolutions from the Greater Toronto and Hamilton Mayors and Chairs regarding Health Care Strategy for Ontario's High Growth Region, Gun Violence and Waste Management be endorsed by the Council of the Municipality of Clarington. "CARRIED" Correspondence Item D - 11 was distributed as a handout. CORRESPONDENCE FOR DIRECTION Resolution #C-556-05 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 5, D - 7 and D - 8 to D - 10, inclusive. D - 1 M02. GE D-2 C12.CL "CARRIED" 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. (Correspondence referred to the Directors of Operations) Walter Zutell, advising Council that he is resigning from the Clarington Accessibility Advisory Committee. (Thanked Mr. Zutell for his work and correspondence referred to the Municipal Clerk) Council Meeting Minutes -15- December 12, 2005 COMMUNICATIONS D-3 C10.MO C02. GE D-4 M02. GE D-6 T08.GE D - 11 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." (Correspondence referred to the Chief Administrative Officer) 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. (Approved provided organizer's apply for and obtain a road occupancy permit) 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 diesel fuel because someone went through the stop sign. (Correspondence referred to the Director of Engineering Services) Michael Coleman, President, Federation of Canadian Municipalities, (FCM), inviting Council to apply for the FCM-CH2M HILL Sustainable Community Awards. Awards submission must be received by January 16, 2006. They encourage communities with innovative projects in the following categories to apply: buildings, fleet management, renewable energy, solid waste, sustainable community planning, sustainable transportation, wastewater and water. (Correspondence referred to the Chief Administrative Officer) Council Meeting Minutes -16- December 12, 2005 COMMUNICATIONS D-5 T08.GE 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. Resolution #C-557 -05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item D - 5 be referred to the Director of Engineering Services and to the Clarington Traffic Management Advisory Committee. D-7 C10.MO C06.CL "CARRIED" 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." Council Meeting Minutes -17- December 12, 2005 COMMUNICATIONS Resolution #C-558-05 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution from the Region of Durham regarding the Balewrap Program be endorsed by the Council of the Municipality of Clarington. "CARRIED" D-8 M01. GE 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. Resolution #C-559-05 Moved by Councillor Schell, seconded by Councillor Trim THAT the Municipality of Clarington purchase a 1/12 page "Message-of-Support" at a cost of $250.00. "CARRIED" D-9 C10.MO F22. GE Township of South Algonquin, advising Council that the Township of South Algonquin on November 3, 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; Council Meeting Minutes -18- December 12, 2005 COMMUNICATIONS 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; 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 before 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 AM.O. and RO.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." Council Meeting Minutes -19- December 12, 2005 COMMUNICATIONS Resolution #C-560-05 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the resolution from the Township of South Algonquin regarding the Municipal Property Assessment Corporation be endorsed by the Council of the Municipality of Clarington. "MOTION LOST" (SEE FOLLOWING MOTION) D - 10 C10.MO F22. GE 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 Ombudsman 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; Council Meeting Minutes -20- December 12, 2005 COMMUNICATIONS 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 Property Assessment 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)." Resolution #C-561-05 Moved by Councillor Schell, seconded by Councillor Pingle THAT Correspondence Items D - 9 and D - 10 be received for information. "CARRIED" Council Meeting Minutes -21- December 12, 2005 NOTICE OF MOTION Resolution #C-562-05 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; 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 Corporation, as soon as possible; and THAT Veridian Corporation and its Municipal Shareholders be advised of Council's decision. "CARRIED" REPORTS Report #1 - General Purpose and Administration Committee Report - December 5, 2005 Resolution #C-563-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT the General Purpose and Administration Committee Report of December 5, 2005, be amended in Item #14 to include Joanne Whiteman and to forward the appropriate by-law to Council; and THAT the General Purpose and Administration Committee Report of December 5, 2005, be approved as amended, with the exception of Item #3. "CARRIED" Councillor Foster stated a pecuniary interest pertaining to Item #3 of Report #1, vacated his seat and refrained from discussion and voting on the matter. Councillor Foster's wife works at Newtonville United Church. Council Meeting Minutes -22- December 12, 2005 REPORTS Item #3 of Report #1 - Rezoning to Permit the Severance of the Existing Manse from Newtonville United Church, Owner: Trustees of the Newtonville/Shiloh/Kendal Pastoral Charge Resolution #C-564-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report P S D-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. "CARRIED" Report #4 - Report CLD-049-05 - 2006 Accessibility Plan in Accordance with the Ontarians with Disabilities Act Resolution #C-565-05 Moved by Councillor Foster, seconded by Councillor MacArthur THAT Report CLD-049-05 be received; 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 THAT the Accessibility Advisory Committee be thanked for their ongoing commitment and work. "CARRIED" Report #5 - Report COD-065-05 - Pay Equity Plan Review Resolution #C-566-05 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Report COD-065-05 be received; Council Meeting Minutes -23- December 12, 2005 REPORTS THAT the Chief Administrative Officer be authorized 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; THAT the funding for the independent review be included in the 2006 Administration Budget; 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; 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; 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 THAT, as the Municipality is the recognized employer for Library Pay Equity purposes, the Library Board be advised of Council's decision. "CARRIED" Report #6 - Report PSD-138-05 - GTA Task Force on OMB Reform Resolution #C-567 -05 Moved by Councillor Schell, seconded by Councillor Robinson 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; Council Meeting Minutes -24- December 12, 2005 REPORTS 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 Government of Ontario take appropriate steps to ensure public confidence in the OMB as an appellate tribunal as outlined in Report PSD-1 06-04; 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. "CARRIED" Council Meeting Minutes -25- December 12, 2005 REPORTS Report #7 - Confidential Report PSD-149-05 - Property Matter Report #10 - Confidential Report PSD-150-05 - Property Matter Report #11 - Confidential Report PSD-151-05 - Property Matter Report #12 - Confidential Verbal Report of the Solicitor - Legal Matters Resolution #C-568-05 Moved by Councillor Schell, seconded by Councillor Pingle THAT Confidential Reports PSD-149-05, PSD-150-05, PSD-151-05 and the Confidential Verbal Report of the Solicitor be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Report #8 - Report CLD-051-05 - Appointment of Municipal Law Enforcement Officers Resolution #C-569-05 Moved by Councillor Robinson, seconded by Councillor Schell THAT Report CLD-051-05 be received; THAT the by-laws attached to Report CLD-051-05 to appoint Municipal Law Enforcement Officers be approved; and THAT Paul Shcherbak, Tim Calhoun, Steven Valk, Peter Lomax and Ron Klosinski be advised of Council's decision. "CARRIED" OTHER BUSINESS Councillor Schell, as Chair of the Central Lake Ontario Conservation Authority, presented Mayor Mutton the 2005 Watershed Award for the Municipality of Clarington's ongoing support of the Groundwater Festival. Councillor Trim advised that the 150th Anniversary celebrations for the Village of Newcastle are moving along very well. He advised that a Beard Growing Contest will occur on Friday, June 9,2006 and that the annual Polar Bear Dip will be held on January 1, 2006, at Bondhead. He also noted that the Mayor's Levee will be held on January 15, 2006, at the Newcastle Community Hall at 12:30 p.m. Council Meeting Minutes -26- December 12, 2005 OTHER BUSINESS Resolution #C-570-05 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for five minutes after which time the meeting be "closed" to consider Confidential Reports PSD-149-05, PSD-150-05, PSD-151-05 and the Confidential Verbal Report of the Solicitor. "CARRIED" Councillor Pingle stated a pecuniary interest during the "closed" session and refrained from voting on the following resolution. Resolution #C-571-05 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-572-05 Moved by Councillor Trim, seconded by Councillor Robinson WHEREAS the Ontario Heritage Trust considers the Wallbridge House to be of provincial cultural heritage value in its present location; AND WHEREAS the Clarington LACAC and the Newcastle Village and District Historical Society consider the Wallbridge House to be of cultural heritage value; AND WHEREAS the property owner has indicated that they are willing to donate the building to the Municipality, or are willing to sell the property to the Municipality, and are proposing to obtain a demolition permit if the building is not moved or the property is not sold; AND WHEREAS initiation of the heritage designation process under the Ontario Heritage Act will allow time for negotiation with the developer; NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of Clarington authorizes the Clerk to prepare the notice of intention to designate pursuant to the provisions of the Ontario Heritage Act and report back to Council following the prescribed notification period; Council Meeting Minutes -27- December 12, 2005 OTHER BUSINESS AND FURTHER that Planning staff be directed to prepare a feasibility study for municipal use of the Wall bridge House and consult with the stakeholder groups and interested parties and report back to Council. "CARRIED" BY-LAWS Resolution #C-573-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2005-231 to 2005-256, inclusive and that the said by-laws be now read a first and second time: 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 (Moolco Investments Incorporated) 2005-232 Being a by-law to exempt certain portions of Registered Plan 40M-2265 (Maple Woods Land Corporation) 2005-233 Being a by-law to adopt Amendment No. 47 to the Clarington Official Plan (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 (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 (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 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 2005-238 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Julie Amanda Gibson Council Meeting Minutes BY-LAWS 2005-239 2005-240 2005-241 2005-242 2005-243 2005-244 2005-245 2005-246 2005-247 2005-248 2005-249 2005-250 2005-251 2005-252 -28- December 12, 2005 Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Moustapha Elhassani Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Bob Genosko Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Larry Postill Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Mike Bourke Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Glen Duncan Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Mike Williams Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Gary Somoygi Being 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 Being a by-law to appoint a Municipal Law Enforcement Officer - Ron Kloskinski Being a by-law to appoint a Municipal Law Enforcement Officer - Steven Valk Being a by-law to appoint a Municipal Law Enforcement Officer - Peter Lomax Being a by-law to appoint a Municipal Law Enforcement Officer - Tim Calhoun Being a by-law to appoint a Municipal Law Enforcement Officer - Paul Shcherbak Being a by-law to amend By-law 96-136 and to repeal By-law 2003-189 Council Meeting Minutes BY-LAWS 2005-253 2005-254 2005-255 2005-256 -29- December 12, 2005 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 being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Scott Winston Lumley, in respect to the purchase of 157 Port Darlington Road, Bowmanville, Ontario and being more particularly described as Part of Unnumbered Lot 7, Smart Estate Plan being Plan H50073, former Township of Darlington and later the Town of Bowmanville and Town of Newcastle, now Municipality of Clarington, Regional Municipality of Durham being a by-law to authorize the purchase agreement between the Corporation of the Municipality of Clarington and Robin Duetta and Tracy Duetta, in respect to the purchase of 11 Boulton Street, Newcastle, Ontario and being more particularly described as Part Lot 2, Block T C.G. Hanning's Plan, former Village of Newcastle, Municipality of Clarington, Regional Municipality of Durham Being a by-law to appoint individuals as Parking Enforcement Officers for Private Property - Joanne Whiteman "CARRIED" Resolution #C-574-05 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2005-231 to 2005-256, inclusive, be approved. "CARRIED" . . . Council Meeting Minutes -30- December 12, 2005 CONFIRMING BY-LAW Councillors Foster and Pingle stated pecuniary interests earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-575-05 Moved by Councillor MacArthur, seconded by Councillor Schell THAT leave be granted to introduce By-law 2005-257 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 12th day of December, 2005, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-576-05 Moved by Councillor MacArthur, seconded by Councillor Schell THAT the third and final reading of By-law 2005-257 be approved. "CARRIED" ADJOURNMENT Resolution #C-577 -05 Moved by Councillor Foster, seconded by Councillor Pingle THAT the meeting adjourn at 9:20 p.m. "CARRIED" I /' /, j / j , ///l!tL~_______ MA OR