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HomeMy WebLinkAbout01/26/2009 CJJ1!oiJJ.glon DATE: MONDAY, JANUARY 26,2009 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS MEETING CALLED TO ORDER INVOCATION DISCLOSURE OF PECUNIARY INTEREST ANNOUNCEMENTS ADOPTION OF MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held January 12, 2009 PRESENTATIONS a) Mayor Abernethy - State of Clarington Address b) Dr. Tony Stone - Health Care Issue DELEGATIONS (List as of Time of Publication) There are no Delegations scheduled as of the time of publication. COMMUNICATIONS Receive for Information I - 1 Minutes of the Kawartha Conservation Authority dated November 26, 2008 I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated November 20,2008 I - 3 Minutes of the Tyrone Community Centre Board dated December 17, 2008 1-4 Dan Remollino, P. Eng., Project Manager, 407 East Environmental Assessment, Ministry of Transportation - Municipal Comments on the Highway 407 East EA I - 5 Durham Regional Police Service Report - Summary of Findings and Recommendations Concerning the Courtice Skate Park CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Council Agenda - 2 - January 26, 2009 I - 6 Diane Powers, Chair, Christmas in Clarington Country Committee - Letter of Appreciation I - 7 The Honourable George Smitherman - Letter of Appreciation to Veridian Power I - 8 Gail Cosman, President, Nestle Waters Canada - Sale of Bottled Water in Municipal Facilities 1-9 Adrienne Baltadjian, RD, MHSc, Public Health Nutritionist, Region of Durham - The Eat Smart! Program I - 10 John Periversoff, Manager, London Devilettes PeeWee B - Letter of Appreciation to Orono Arena Board and Staff 1- 11 Brian Fallis, Ganaraska Region Conservation Authority - Financial Investment in the Oak Ridges Moraine I - 12 Lori Riviere-Doersam, Planning Department, Region of Durham - Durham Environmental Advisory Committee (DEAC) Environmental Achievement Awards I - 13 Manny Sousa, Manager, Community and Government Relations, Enbridge Gas Distribution - 'Winter Warmth Fund" 1-14 Jean Major, Chief Executive Officer, Alcohol and Gaming Commission of Ontario (AGCO) - Modernization of Charitable Gaming Initiative 1-15 John O'Toole, MPP, Durham - Streamlining the Process for Lottery Licensing I - 16 Patrick (Sid) Ryan, President, CUPE Ontario and Maude Barlow, Voluntary National Chairperson, The Council of Canadians - "Unbottle It!" Bottled Water Educational Tour I - 17 Ministry of Transportation - 407 East Environmental Assessment (EA) and Preliminary Design Study Notice for Public Information Centre #5 1-18 John O'Toole, MPP, Durham - Floral Gateway to Bowmanville I - 19 David L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers Association - Opposition to Proposed Tax Rate Increase 1-20 Rosemary Davies - Tax Assessment and Recycling 1-21 Darlene Brown, Executive Director, Big Brothers & Sisters of Clarington - "Bowl for Kid's Sake" Council Agenda - 3 - January 26, 2009 Receive for Direction D - 1 Debbie Hunter, Office Administrator, MS Society, Durham Regional Chapter, Multiple Sclerosis Society of Canada - 2009 Multiple Sclerosis Carnation Campaign D - 2 Jack Oegema, Kinsmen Club of Bowmanville - Annual Kinsmen Bowmanville Homeshow D - 3 William Krueger, Coordinator, Fundraising Events, MS Walk, MS Society of Canada - 2009 Bowmanville Super Cities Walk for MS D - 4 Don Prout, Cynthia Prout, Sean Kean and George Van Dyk - Request for Compliance Audit of former Mayor John Mutton's Financial Statement D - 5 Carolyn Downs, City Clerk, City of Kingston - Christmas Wrapping Paper D - 6 Angie Darlison, Executive Director, and Peter Evans, President, Clarington Older Adult Association (COACB) - Clarington Older Adult Association's Application for Approval under the Elderly Persons Centres Act D - 7 Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington - Amendment to the Highway Traffic Act COMMITTEE REPORT(S) 1. General Purpose and Administration Committee Report of January 16, 2009 2. General Purpose and Administration Committee Report of January 19, 2009 STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION UNFINISHED BUSINESS BY-LAWS NOTICES OF MOTION OTHER INFORMATION CONFIRMING BY-LAW ADJOURNMENT ~n Council Meeting Minutes JANUARY 12, 2009 Minutes of a regular meeting of Council held on January 12, 2009, at 7:00 p.m., in the Council Chambers. Councillor Trim led the meeting in prayer. ROLL CALL Present Were: Absent: Also Present: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor C. Trim Councillor W. Woo Councillor G. Robinson (due to illness) Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services and Human Resources, M. Marano Director of FinancefTreasurer, N. Taylor Director of Emergency Services/Fire Chief, G. Weir Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Foster indicated that he would be stating a pecuniary interest with respect to the delegation of Craig Ryan, Clarington Visual Arts Centre, and Correspondence Item D - 12. Councillor Novak indicated that she would be stating a pecuniary interest with respect to Correspondence Item D - 6. ANNOUNCEMENTS Mayor Abernethy announced that on Friday, January 16, 2009, there will be a special General Purpose and Administration Committee meeting commencing at 9:30 a.m. in the Council Chambers. The purpose of the meeting is to deliberate the 2009 Budget. Council Meeting Minutes - 2 - January 12, 2009 Councillor Hooper extended appreciation to John O'Toole, MPP, Durham, and to Mayor Abernethy for hosting their New Year's Levees. Councillor Hooper stated the levees were well attended by Clarington residents. Councillor Hooper also advised that the Municipality has experienced another serious crime and extended congratulations to the Durham Regional Police Services in apprehending two of the three individuals involved. MINUTES Resolution #C-001-09 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on December 8, 2008, be approved. "CARRIED" DELEGATIONS Councillor Foster stated a pecuniary interest with respect to the delegation of Craig Ryan as the Visual Arts Centre of Clarington is a client of Argosy, his employer. Councillor Foster refrained from discussion and voting on this matter. Craig Ryan, Vice-President, The Visual Arts Centre of Clarington (V AC), addressed Council concerning Correspondence Item I -12 - Strategic Plan - 2009 - 2011 "Encouraging the Creative Impulse". Through use of a PowerPoint presentation, Mr. Ryan provided a synopsis of the V AC's Strategic Plan, highlighting themes and goals to engage the community, strengthen the organization and ensure financial sustainability. Mr. Ryan stated that as part of the process, the V AC has redefined its mission and vision to include the services they provide and their impact on the community. He advised they have reviewed the Municipality's Strategic Plan and have identified the potential for contributing to Clarington's strategic objectives through economic development, community planning and improvement, citizen engagement, growth management and transportation, infrastructure and asset management and recreational opportunities. He stated the V AC generates a large volume of programs, exhibits and activities with limited resources but expressed concern that their staffing model is fragile, and that there are accessibility issues and significant constraints facing the facility due to its historical nature. Mr. Ryan stated they wish to increase funding through non-governmental revenue and strengthen financial management to ensure sustainability. Mr. Ryan summarized by stating they have developed a sequence of priorities to bring the plan to life; their 2009 business plan and budget are based on the strategic plan; and, they look forward to working with all of their stakeholders and partners to achieve the goals outlined in the plan. Hannu Halminen advised prior to the meeting that he would not be addressing Council. Council Meeting Minutes - 3 - January 12, 2009 COMMUNICATIONS Resolution #C-002-09 Moved by Councillor Trim, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Items I - 25 and 1-29. "CARRIED" I - 1 Minutes of the Clarington Compost Facility Community Relations Committee dated September 18, 2008. I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated October 16, 2008. I - 3 Minutes of the Clarington Highway 407 Community Advisory Committee dated December 3, 2008. I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated November 14, 2008. I - 5 Minutes of the Ganaraska Region Conservation Authority dated December 11, 2008. I - 6 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on November 24, 2008, the City of Oshawa received and filed correspondence from the Municipality of Clarington and the Town of Ajax on the Town of Ajax's request for review of Regional Council composition. I - 7 L. Deveaux, Veltri & Son Limited, forwarding a copy of correspondence to Phil Meagher, Project Manager, Long-Term Transit Strategy, Region of Durham, advising of a new subdivision currently under construction in Newtonville which will increase the community's population and requesting an investigation by Durham Transit for extended bus service to Newtonville. 1-8 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Jim Watson, Minister of Municipal Affairs and Housing, George Smitherman, Ministry of Energy and P. M. Madill, Regional Clerk advising that on November 24,2008, the Town of Ajax adopted the following resolution pertaining to the Ajax Official Plan Review - Status Update: Council Meeting Minutes - 4 - January 12, 2009 "1. THAT due to the timing of the Provincial Growth Plan conformity exercise, the Town of Ajax requests the Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing to extend the June 16,2009 deadline that requires the Town to amend the Ajax Official Plan to conform with the Growth Plan for the Greater Golden Horseshoe (Growth Plan) to an appropriate date following the approval, or resolution of any appeals to an amendment to the Durham Regional Official Plan that implements the provisions of the Growth Plan; 2. THAT a copy of the staff report entitled "Ajax Official Plan Review Status Update" be forwarded to the Ministry of Energy and Infrastructure and Ministry of Municipal Affairs and Housing; and 3. THAT a copy of the staff report entitled "Ajax Official Plan Review and Status Update" be forwarded to the Durham Regional Clerk and all other Durham area municipalities for information." 1-9 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on November 17, 2008, the Planning and Economic Development Committee adopted the following resolution pertaining to protection of agricultural land within the white belt: "THAT the Planning and Economic Development Committee for the Township of Uxbridge support Resolution 08-21 of the Clarington Agricultural Advisory Committee calling on the Region of Durham Council to support the protection of agricultural lands within the white belt through the redirection of the Grow Durham planning initiative focus." I - 10 Andrea Gusen, Stakeholder Relations and Research Coordinator, GO Transit, advising of a new evening rush hour train service on the Lakeshore East GO leaving Union Station at 5: 1 0 p.m. running express to Pickering GO Station and serving Ajax, Whitby and Oshawa stations, commencing on January 5, 2009. The new service improvements are possible thanks to joint funding from the federal, provincial and municipal governments for the GO Transit Rail Improvement Program (GO TRIP), a $1 billion-dollar expansion initiative, through the Canada Strategic Infrastructure Fund. I - 11 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on November 24, 2008, the City of Oshawa adopted the following resolution pertaining to protection of agricultural land within the white belt: Council Meeting Minutes - 5 - January 12, 2009 "THAT correspondence DS-08-486 dated October 28, 2008 from Patti Barrie, Municipality of Clarington, forwarding a resolution passed by the Agricultural Advisory Committee of Clarington regarding the protection of agricultural land within the white belt be received for information." I - 12 Richard Toms, Executive Director, the Visual Arts Centre of Clarington (V AC), forwarding a copy of the Centre's Strategic Plan 2009-2011 - "Encouraging the Creative Impulse" highlighting strategic themes and goals setting out V AC's direction for the next three years. I - 13 Shirley McLean objecting to the proposed "Energy-From-Waste" facility and urging Council to support more environmentally sustainable and fiscally responsible alternatives. I - 14 Carol Hooper urging Council to maintain their "unwilling host" status to the proposed energy-from-waste facility; to not sign a host community agreement; to devise a Zero Waste Strategy through the Official Plan Review; and, to pull out all stops to prevent building of the EFW facility in order to protect the health of the community and the environment. 1-15 Jeffrey A. Abrams, City Clerk, City of Vaughan, advising Council that on December 8, 2008, the City of Vaughan adopted the following resolution pertaining to the Cosmetic Pesticides Ban Act Draft Regulations: "1. THAT the recommendation contained in the following report of the Commissioner of Legal and Administrative Services and City Solicitor, dated December 8,2008, be approved; 2. THAT the Provincial Government be advised that in the City's perspective the Draft Regulations are narrower in scope than the City's Pesticide By-law; 3. THAT the City reiterate its position that where provincial regulation is narrower in scope, municipal by-laws that are more restrictive be allowed to prevail; and 4. THAT the City's position be communicated to AMO and GT A municipalities." Council Meeting Minutes - 6 - January 12, 2009 I - 16 Association of Municipalities of Ontario (AMO) Member Communication dated December 10, 2008 announcing that the Minister of Community and Social Services, Madeleine Meilleur has extended the public review period for the Information and Communications draft standards to February 6, 2009. The proposed standard outlines how businesses and organizations may be required to provide accessible public information in various formats such as online, print, verbal and digital. I - 17 P. M. Madill, Regional Clerk, Regional Municipality of Durham advising Council that on December 10, 2008, Regional Council adopted the following resolution pertaining to the 2009 Interim Property Tax Levy: "a THAT a 2009 Interim Regional Tax Levy be imposed on the Area Municipalities for all property tax classes; b) THAT the amount due from each area Municipality be equivalent to 50% of their respective share of the 2008 Regional Taxes; c) THAT the 2009 Interim Regional Tax Levy be paid by the Area Municipalities seven days subsequent to the installment due dates established by each Area Municipality for the collection of their respective interim municipal property taxes; d) THAT the Regional Clerk be requested to advise the Area Municipalities of the imposition of the 2009 Interim Regional Tax Levy for all property tax classes; and, e) THAT the requisite by-law be approved." I - 18 Alfred Frendo Cumbo expressing appreciation for the response he received to parking enforcement issues on Kingsview Court; advising that he is complying with the law; and, that he will ensure that any future vehicles will comply with weight restrictions. 1-19 John O'Toole, MPP, Durham, writing to the Honourable James Bradley, Minister of Transportation advising the Minister of the potentially dangerous back-up of vehicles exiting Highway 401 at Liberty Street in Bowmanville during peak traffic flow; advising the Region of Durham has adjusted signal timing on Liberty Street to reduce the impact; and, requesting that the Province review this situation and advise what long-term steps are being undertaken to re- build the Bowmanville exits and improve Highway 401 at Liberty Street and Waverley Road. Council Meeting Minutes - 7 - January 12, 2009 1-20 Gary McNeil, Managing Director, & CEO, GO Transit, responding to Debi A. Wilcox, City Clerk, City of Pickering, concerning the City of Pickering's resolution requesting safety measures to improve vehicle security and customer safety in GO Station parking lots, advising that GO Transit is concerned with theft and vandalism; and, indicating that many of the ideas referenced in the motion have been or are being implemented. 1-21 Leesa Venning, Program Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association providing an update on the Organization's expenditure of the $1,000 Municipal Grant; advising funds have been used to provided lunches throughout the year and to subsidize special events such as Thanksgiving, Easter and their 4th Anniversary celebration; and, thanking Council for providing the grant and contributing to their efforts. I - 22 Peter Hume, President, Association of Municipalities of Ontario (AMO) announcing that AMO, the Federal and Provincial Governments and the City of Toronto have successfully completed negotiation of the extension of the Federal Gas Tax Fund schedule of payments until March 31,2014; and, confirming that the Municipality will receive $1,196,871.60 in July and November in the years 2010 to 2013. I - 23 Ministry of Municipal Affairs and Housing News Release dated December 31,2008, advising of changes in Ontario's Building Code that will improve energy efficiency standards for new homes by requiring near full-height insulation on foundation walls in new home construction, the second step in a three-phased approach to energy efficiency brought in with the introduction of the 2006 Building Code; and indicating that a typical new home constructed under a building permit applied for after December 31,2008, will be 28% more energy efficient than one built under the 1997 Building Code. 1-24 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) Board of Directors, providing an update on the 2008 Property Assessment Notices mailed to property taxpayers and the delivery of Assessment Rolls to municipalities across Ontario; highlighting initiatives undertaken to improve communications with stakeholders including municipalities, the media and property taxpayers; advising MPAC has fulfilled commitments made in response to the Ombudsman's Report of March 2006, "Getting it Right" including the implementation of all but 1 of the 20 recommendations which is planned for implementation in mid 2009; and advising that changes and improvements have resulted in greater transparency, improved accuracy and a better understanding of the assessment process and MPAC's role in property taxation. Council Meeting Minutes - 8 - January 12, 2009 A Local MPAC Municipal Relations Representative is available to answer questions or to make a formal presentation to Council. I - 26 The Honourable Dwight Duncan, Minister of Finance and the Honourable Jim Watson, Minister of Municipal Affairs and Housing announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2009 indicating the OMPF will provide $704 million to 387 municipalities across the province; confirming that in 2009, limits originally announced as part of the OMPF transition will expire and that municipalities are now entitled to receive any funding increases in full; and advising that further details on the 2009 OMPF grant parameters will be provided to Municipal Treasurers in the near future. . I - 27 Roland Murphy, Major, Community & Family Services Coordinator, The Salvation Army Bowmanville extending appreciation for support received throughout 2008 and, in particular, the Christmas season; acknowledging that through generous donations, the Salvation Army was able to provide assistance to meet the demand of those in need. I - 28 Confidential Correspondence regarding an identifiable individual. 1-30 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax, writing to the Honourable Jim Prentice, Federal Minister of the Environment advising that on December 8,2008, Ajax Town Council adopted the following resolution pertaining to comments on the Proposed Terms of Reference for Drinking Water Source Protection Plans: "1. THAT the Minister of the Environment be strongly urged to broaden the public consultation components proposed by the CTC Source Protection Committee in the Proposed Terms of Reference, prior to finalization, to increase public awareness of the Drinking Water Source Protection process, the upcoming Assessment Reports and to achieve more buy-in to the Province's objectives and, ultimately, the effective implementation of Source Protection Plans; 2. THAT the Minister of the Environment be respectfully requested to inform the Town of Ajax and other lower-tier municipalities in Durham Region, prior to finalizing the Proposed Terms of Reference, of the "Assigned Lead" and tasks yet to be undertaken to define and protect the intakes of municipal water supply plants in Lake Ontario coastal water, and the associated estimated costs; Council Meeting Minutes - 9 - January 12, 2009 3. THAT Durham Region staff appointed by Regional Council to the CTC Source Protection be encouraged to strongly advocate for: a) Amendments to the Proposed Terms of Reference to ensure Ajax's recommendations and concerns, as contained in this staff report and its Attachment, are addressed as part of the scope of this process; and b) Involvement of lower tier municipal staff in preparing Assessment Reports, Source Protection Plans and developing new water policy; 4. THAT this report be send directly to the Minister of the Environment, respectfully requesting his advice as to how the Town can effectively achieve solutions to its long-standing concerns about the potential effects of declining costal water quality in Lake Ontario on the quality of Lake-based municipal water supplies serving this community through this process and opportunities provided by other Provincial initiatives, such as updates to other legislation and indicators of Great Lakes health; 5. THAT the Minister of the Environment be strongly urged to conduct a study of the overall sustainable carrying capacity of Lake Ontario for supplying high quality drinking water in consultation with Environment Canada and Health Canada and appropriate agencies in the United States; and 6. THAT this report also be sent to the CTC Source Protection Committee, the Toronto and Region Source Protection Authority, the Central Lake Ontario Source Protection Authority, the International Joint Commission, Environment Canada, Health Canada, the Ministries of Energy and Infrastructure, Natural Resources and Municipal Affairs, the Great Lakes and St. Lawrence Cities Initiative, the Durham Region Medical Officer of Health, the other municipalities within Durham Region and the Environmental Commissioner for Ontario." Council Meeting Minutes - 10- January 12, 2009 I - 25 Debbie Zimmerman, Chair, Municipal Property Assessment Corporation (MPAC) Board of Directors, advising of the impacts of the Assessment Review Board (ARB) decision on the interpretation of the term "current value" ruling that for assessment purposes "current value" be based only on the interest of the owner, exclusive of any tenant interest, and that the buildings must be valued as if vacant; indicating that the decision, if it stands, will significantly change the way MPAC values tenanted commercial properties such as office buildings and shopping centres; indicating that there are approximately 17,000 such properties in Ontario with a current value assessment of almost $100 billion; advising MPAC and the City of Toronto have been granted leave to appeal the decision which could take several years before the appeal is finally resolved putting a significant amount of municipal revenue and provincial education tax in jeopardy for future years; and, urging Council to continue to raise this concern to local members of provincial parliament. Resolution #C-003-09 Moved by Councillor Foster, seconded by Councillor Trim THAT the Council of the Municipality of Clarington support the Municipal Property Assessment Corporation's (MPAC) appeal of the decision of the Assessment Review Board concerning the interpretation of the term "current value"; and, THAT the area municipalities be advised of Council's decision. "CARRIED" I - 29 Nestor Chornobay, Director, Strategic Planning Branch, Planning Department, Regional Municipality of Durham, advising Council that on November 25, 2008, Durham Regional Planning Committee adopted the following resolution pertaining to the Growth Implementation Study - Phase 5, Final Recommended Growth Scenario and Policy Directions Report: "a) THAT Planning Committee endorse the Consultant's Final Phase 5, Recommended Growth Scenario and Policy Directions Report, including additions/modifications thereto, as the basis for proceeding with the Regional Official Plan Amendment process to implement the Provincial Growth Plan; b) THAT in addition to the Consultant's Final Phase 5, Recommended Growth Scenario and Policy Directions Report, staff be requested to consider the following in preparing the Regional Official Plan Amendment: Council Meeting Minutes - 11 - January 12, 2009 i) a policy that considers the area surrounding transit centres for mixed-use, including residential in proximity and within transit supportive distances, and that the transit centres be subject to secondary planning that would help to assist how that should come forward; c) THAT based on the endorsement in part a) and additions in part b), staff be authorized to prepare the Regional Official Plan Amendment to implement the Provincial Growth Plan, and proceed with the Statutory Public Open House and Statutory Public Meeting, in accordance with the schedule included in Report #2008-P-98 of the Commissioner of Planning and amended in parts d) and e); d ) THAT the schedule included in Report #2008-P-98 of the Commissioner of Planning be revised to include that public open houses be held in each area municipality regarding the proposed Regional Official Plan Amendment to implement the Provincial Growth Plan; and e) THAT the public open houses to be held in the Townships of Brock, Scugog, and Uxbridge, in accordance with part d), be held as one meeting in the Township of Uxbridge." Resolution #C-004-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence I - 29 from Nestor Chornobay, Director, Strategic Planning Branch, Planning Department, Region of Durham with respect to the Regional Municipality of Durham - Growth Implementation Study - Phase 5, Final Recommended Growth Scenario and Policy Directions be received for information. "CARRIED" CORRESPONDENCE FOR DIRECTION Resolution #C-005-09 Moved by Councillor Woo, seconded by Councillor Trim THAT Correspondence Items be approved as per the agenda with the exception of Items D - 5 to D - 12, inclusive. "CARRIED" Council Meeting Minutes - 12 - January 12, 2009 D - 1 Melissa McBride, Event Co-ordinator, Epilepsy Durham extending an invitation to participate in "Purple Day for Epilepsy", on Thursday, March 26, 2009, a campaign designed to bring awareness to epilepsy by wearing purple on that day. (Proclaimed) D - 2 Lucien Lambier and Donna Fletcher, writing to John O'Toole, MPP, Durham, objecting to the Ontario Federation of Anglers and Hunters' right to use the Kendal Crown Lands due to safety of surrounding rural residential residents and the potential for reduction in property values; and suggesting if the municipality wants to eliminate hunting licences that hunting within municipal boundaries be abolished. (Correspondence referred to the Municipal Clerk) D - 3 Tim Kehoe, Director, International Centre for Municipal Development, Federation of Canadian Municipalities (FCM) thanking Council for contributing to FCM's international programs in 2008; advising FCM honours municipalities and individuals through their Awards for Outstanding International Volunteer Contribution; forwarding a brochure and nomination form for the 2009 Awards; and, urging Council to consider nominating the municipality or a staff member for an award. Nominations are to be returned by January 31,2009. (Correspondence referred to the Chief Administrative Officer) D - 4 Mike Gazo, Perfect Party Inc., expressing concern with the provisions of the snow clearing by-law as it pertains to their business located at 205 King Street East; advising that there is no boulevard between the municipal sidewalk in front of their store and the roadway and that on several occasions road crews have plowed the snow directly onto the sidewalk in front of their business after the owners have cleared it; expressing concern as to liability issues should a pedestrian slip and fall as a result of the snow on the sidewalk; and requesting that the issue be investigated to avoid a potential mishap. (Correspondence referred to Staff) Council Meeting Minutes - 13 - January 12, 2009 D - 5 Narry McCarthy, Mayor, Township of Bonfield and William Vrebosch, Mayor, Township of East Ferris, advising on August 5,2008, a severe rainstorm caused localized flooding in the Townships of East Ferris and Bonfield and the Ministry of Municipal Affairs and Housing declared the area a "Disaster Area" for the purpose of the Ontario Disaster Relief Program; advising a joint area Disaster Relief Committee was appointed to spearhead efforts to provide assistance to homeowners, farmers and small businesses and is seeking financial assistance from every municipality in the Province; and indicating that the Province will contribute $2 for every local dollar raised to an amount necessary to settle all claims. Resolution #C-006-09 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 5 from the Township of Bonfield and the Township of East Ferris requesting financial assistance for the purpose of the Ontario Disaster Relief Program be received for information. "CARRI ED" Councillor Novak stated a pecuniary interest with respect to Correspondence Item D - 6 as her employer, General Motors of Canada Limited, is referenced in the correspondence. Councillor Novak refrained from discussion and voting on this matter. D - 6 Sandra Kranc, City Clerk, City of Oshawa, writing to the Canada Border Services Agency advising that on November 24, 2008, Oshawa City Council adopted the following resolution pertaining to Pivallnternationallnc. - Application for Sufferance Warehouse: "WHEREAS Pivallnternational has invested $22 million in their Oshawa site for a state of the art logistics facility; and, WHEREAS this facility serves the needs of the General Motors of Canada and was designed to accommodate other international goods movements; and, WHEREAS Pivallnternational has capacity to significantly expand the facility if business activities warrant; and, WHEREAS Pivallnternational, in an effort to maximize its business potential and serve the eastern sector of the GT A; and, WHEREAS Pival is seeking approval as a sufferance warehouse to Canadian Border and Security Agency (CBSA); and, Council Meeting Minutes - 14 - January 12, 2009 WHEREAS CBSA allows its regional district branches to establish some of its own regulations to govern operations; and, WHEREAS the CBSA Greater Toronto Commercial District has established that only warehouses that clear more than 8,000 containers are granted annual licenses for customs clearance; and, WHEREAS this requirement prevents Pival to achieve this criteria; and, WHEREAS within the GT A most of the sufferance warehouses are located in the west end of this vibrant economic zone; and, WHEREAS it is desirable that a sufferance warehouse be enabled in the eastern part of the GT A to accommodate business demands and the economic vitality of the City of Oshawa and Durham Region; THEREFORE BE IT RESOLVED THAT the Council of the City of Oshawa urges the CBSA to make provision for the conditional licensing of Pivallnternational as a sufferance warehouse so that it can grow and maximize its business potential to satisfy the minimum criteria of 8,000 containers per year; and, THAT all local area municipalities, the Region of Durham, Colin Carrie, Member of Parliament and Jerry Ouellette, Member of Provincial Parliament, be requested to send letters of support to the Canadian Border and Security Agency on behalf of this application." Resolution #C-007 -09 Moved by Councillor Hooper, seconded by Councillor Trim THAT Council forward a letter of support to the Canadian Border and Security Agency on behalf of the application for sufferance warehouse submitted by Pivallnternationallnc. "CARRIED" D - 7 Angela Quinn requesting Council to consider adopting a cost-neutral resolution similar to the resolution adopted in May 2007 by the City of Richmond, British Columbia and several other Canadian cities to improve the lives of egg-laying hens in Canada who are confined to tiny, crowded battery cages all of their lives: "THAT the Council of the Municipality of Clarington resolves: 1. To encourage Clarington residents: Council Meeting Minutes - 15 - January 12, 2009 (i) As restaurants and caterers in both private and Municipal operations, to highlight the support for and availability of certified organic, free-range eggs on their menus; (ii) As consumers, to request the option of purchasing certified organic, free-range eggs at retail food outlets and restaurants and, where available, choose the certified organic, free-range option; (iii) As wholesalers, to highlight the preference for and availability of certified organic, free-range eggs in their food supply inventories; and (iv) As retailers, to highlight the preference for and availability of certified organic, free-range eggs in their food stores; 2. That the operators and caterers of municipal-run facilities be requested to use only certified organic, free-range or free-run whole (shell) eggs; 3. THAT a letter be written to the Provincial Government, Federal Government and the Canadian Food Inspection Agency stating that the Clarington Council opposes battery cage egg production based on the inherent cruelty of confining egg-laying hens in battery cages; and, 4. THAT a letter be written to the Ontario Municipalities Association requesting all members adopt a similar initiative." Resolution #C-008-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D - 7 from Angela Quinn with respect to cage free hens be received for information. "CARRIED" D - 8 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont advising Council that on November 12, 2008, the Township of South Stormont adopted the following resolution pertaining to Bill 50, The Provincial Animal Welfare Act. 2008: "WHEREAS Bill 50, the Provincial Animal Welfare Act, 2008 has now passed second reading in the legislature, Council Meeting Minutes - 16- January 12, 2009 AND WHEREAS this bill contains the first comprehensive changes in almost 90 years to the Ontario Society for the Prevention of Cruelty to Animals (OSPCA) Act; AND WHEREAS highlights of Bill 50 include but is not limited to: standards of care for all animals, new provincial offences; authority for the OSPCA to inspect places, penalties, requirement for veterinarians, a number of modernizations to the law, and protection for current legal practices in agriculture, hunting and fishing; AND WHEREAS, and more specifically, there is a concern regarding the delegation of authority, accountability and transparency of OSPCA inspectors and its officers. NOW THEREFORE BE IT RESOVLED THAT the Township of South Stormont hereby respectfully requests the Government review, and amend as required, the powers granted to Inspectors through Bill 50. FURTHERMORE, a copy of this motion be forwarded to Premier McGuinty, the Minister of Community Safety and Correctional Services, Minister of Municipal Affairs and Housing, MPP Jim Brownell, Association of Municipalities of Ontario and any other individual or organization as deemed appropriate." Resolution #C-009-09 Moved by Councillor Trim, seconded by Councillor Novak THAT the resolution from the Township of South Stormont with respect to Bill 50, The Provincial Animal Welfare Act. 2008 be received for information. "CARRIED" D - 9 Association of Municipalities of Ontario (AMO) Member Communication Alert dated December 19, 2008, advising of the Ministry of the Environment's launch of a discussion paper to officially begin the five year review of the Waste Diversion Act (WDA) and Blue Box Program Plan (BBPP); advising that AMO, through its Waste Task Force, has submitted responses to both of these reviews highlighting municipal challenges and perspectives and requesting Council's support of AMO's positions by advising the Minister and the WOO of the Environment in writing of their support by January 15, 2009 for the WDA and February 27, 2009 for the BBPP. Council Meeting Minutes - 17 - January 12, 2009 Resolution #C-010-09 Moved by Councillor Trim, seconded by Councillor Novak THAT WHEREAS the Honourable John Gerretsen, Ontario Minister of the Environment (MOE) has launched a discussion paper, entitled "Towards a Zero Waste Future: Review of Ontario's Waste Diversion Act, 2002 - Discussion Paper for Public Consultation", the purpose being to: 1. conduct a review of the Waste Diversion Act (WDA); 2. conduct a review of the Blue Box Program Plan (BBPP); 3. encourage public, industry and governmental participation in both reviews; 4. hold open houses and invite written comments to be submitted to the MOE; and 5. obtain feedback on the challenges associated with Ontario's waste diversion framework; AND WHEREAS Peter Hume, President of the Association of Municipalities of Ontario (AMO) has requested that all Ontario municipalities support the two (2) AMO position letters as outlined in the AMO ALERT No. 08/064 specifically; Review of the Blue Box Program and Response to the Review of the Ontario's Waste Diversion Act, 2002 Discussion Paper, EBR 010-4676: THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington supports the two (2) letters outlining the AMO positions as per AMO ALERT No. 08/064; and THAT the Minister of the Environment be advised that the Municipality of Clarington welcomes this review of both the WDA and BBPP by the MOE and congratulates Minister Gerretsen on his initiative to reduce the amounts of residual waste that Ontario municipalities are required to process each year by his introduction of "Towards a Zero Waste Future: Review of Ontario's Waste Diversion Act, 2002 - Discussion Paper for Public Consultation"; and THAT the Minister of the Environment and the Association of Municipalities of Ontario be advised of Council's decision. "CARRIED" Council Meeting Minutes - 18 - January 12, 2009 D - 10 Harry Pelissero, General Manager, Egg Farmers Ontario, advising Egg Farmers of Ontario represent more than 400 farm families who provide consumers with fresh, locally produced eggs; commending local councils who are trying to encourage the purchase of locally produced food as a means of creating a sustainable environment; and, requesting Council to consider endorsing a motion of the Egg Farmers of Ontario to identify the purchase of eggs as a local sustainable procurement practice. Resolution #C-011-09 Moved by Councillor Foster, seconded by Councillor Trim THAT Correspondence Item D - 10 from Harry Pelissero, General Manager, Egg Farmers Ontario, with respect to the purchase of eggs as a local sustainable procurement practice be received for information. "CARRIED" D - 11 Helen Thomson, Clerk, United Counties of Stormont, Dundas and Glengarry, advising Council that on December 15, 2008, the United Counties of Stormont, Dundas and Glengarry adopted the following resolution pertaining to payment for indigent funerals: 'WHEREAS the City of Cornwall is Consolidated Municipal Service Manager (CMSM) for the City of Cornwall and United Counties of Stormont, Dundas and Glengarry; and WHEREAS payment for indigent funerals is a requirement of the CMSM under the Ontario Works Act; and WHEREAS recommended rates and guidelines for such payments are provided by the provincial Ministry of Community and Social Services; and WHEREAS these rates were last reviewed and adjusted in 2005, and costs have been escalating to the point where funeral homes are unable to continue providing services at the existing rates; and WHEREAS the Ministry of Community and Social Services will only subsidize indigent funerals for individuals who are receiving social assistance through Ontario Works or the Ontario Disability Support Program prior to their death, regardless of their financial situation. Council Meeting Minutes - 19 - January 12, 2009 THEREFORE BE IT RESOLVED THAT the United Counties of Stormont, Dundas and Glengarry petitions the Ministry of Community and Social Services to request a review and appropriate adjustment of the recommended rates for indigent funerals, on behalf of CMSMs across the province. AND BE IT FURTHER RESOLVED THAT the Ministry of Community and Social Services amend the current policy to provide financial assistance to cover funeral expenses for all needy individuals, regardless of their age or whether or not they are receiving support through Ontario Works or the Ontario Disability Support Program, at the time of death. AND FURTHER THAT this resolution be forwarded to the Minister of Community and Social Services, the Association of Municipalities of Ontario, all municipalities in Ontario and local MPPs." Resolution #C-012-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the resolution from the United Counties of Stormont, Dundas and Glengarry with respect to payment for indigent funerals be endorsed. "CARRIED" Councillor Foster stated a pecuniary interest with respect to Correspondence Item D - 12 as the Visual Arts Centre of Clarington is a client of Argosy, his employer. Councillor Foster refrained from discussion and voting on this matter. D - 12 Richard Toms, Executive Director, Visual Arts Centre of Clarington, requesting the municipality provide a letter in support of the V AC's grant application to the Ontario Ministry of Tourism's Celebrate Ontario Program enabling V AC to purchase equipment, etc. for musical performances and to continue providing quality cultural activity to Clarington. Resolution #C-013-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT the Municipality of Clarington provide a letter in support of the Visual Arts Centre of Clarington's grant application to the Ontario Ministry of Tourism's Celebrate Ontario Program. "CARRIED" Council Meeting Minutes - 20- January 12, 2009 COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 5,2009. Resolution #C-014-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of January 5,2009 be approved. "CARRIED" STAFF REPORT(S) There were no reports considered under this section of the Agenda. Deputy Mayor Trim chaired this portion of the meeting. BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-015-09 Moved by Mayor Abernethy, seconded by Councillor Hooper WHEREAS the Council of the Municipality of Clarington acknowledges that it is a member of a two-tier municipality, the Regional Municipality of Durham, which is bound by the Ontario Municipal Act with respect to the processing of residential residual waste; AND WHEREAS the Regional Municipality of Durham has a long and successful history of developing and implementing programs that have reduced the amount of residential waste which has been filling Ontario and Michigan landfill sites for many decades; AND WHEREAS the Regional Municipality of Durham has established the goal of achieving a waste diversion of 70 percent by 2010 and that new Federal and Provincial policies must be in place before the Region of Durham can reasonably achieve waste diversion rates beyond 70 percent; AND WHEREAS the Municipality of Clarington encourages the Region of Durham to continue to show leadership in the area of developing and implementing programs that reduce the amount of residual waste that is processed in the Region of Durham; AND WHEREAS the Province of Ontario is taking steps to assist municipalities in achieving higher diversion rates that would not have been possible without Provincial involvement: Council Meeting Minutes - 21 - January 12, 2009 NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the Ministry of the Environment to develop a Provincial strategy that results in the increase of waste diversion rates for all municipalities in Ontario, including a policy which requires each municipality to process all residual waste within the boundaries of each of their respective municipal boundaries; THAT the Region of Durham be requested to develop a formal strategic plan which achieves "no waste in the Reqion of Durham Qy 2038", such "NoWaste Qy '38 Plan" to include the following objectives: 1. Develop a municipal waste management strategy that the Province of Ontario can replicate throughout Ontario; 2. Reduce the negative impact that Durham Region's residual waste has on the global environment, including the reduction of greenhouse gases; 3. Take a leadership role in reducing all of the residual waste that is created within the Region of Durham, including wastes generated by the industrial, commercial and multi-residential sectors of our communities; and 4. Reduce the long-term costs of processing the residual waste that is created within the Region of Durham; THAT the said Region of Durham "NoWaste by '38 Plan" include the following initiatives: 1. Reinstate the Waste Management Advisory/Steering Committee to research, assess and make recommendations to the Region of Durham on the feasibility of achieving a region-wide "no waste" solution by 2038; 2. If feasible, to recommend to Regional Council the steps necessary to implement a "NoWaste by '38 Plan"; and 3. If feasible, an extensive public education and communications plan in order to achieve whatever goals that Regional Council chooses to adopt, similar to that of the plan adopted by the City of Canberra, Australia; and THAT this resolution be forwarded to the Ontario Minister of the Environment, the Regional Municipality of Durham, the area municipalities within the Region of Durham, the Federal Minister of the Environment, Provincial and Federal Members of Parliament and to the Association of Municipalities of Ontario for consideration, action and support. 'TABLED" (See following motion) Council Meeting Minutes - 22- January 12, 2009 Resolution #C-016-09 Moved by Councillor Foster, seconded by Councillor Novak THAT the foregoing Resolution #C-015-09 be tabled pending a report from the Director of Operations on the Municipality of Clarington's Zero Waste Goal. "CARRIED" Mayor Abernethy chaired this portion of the meeting. UNFINISHED BUSINESS Resolution #C-O 17 -09 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-007 -09 be lifted from the table. "CARRIED" Resolution #C-018-09 Moved by Councillor Novak, seconded by Councillor Hooper THAT Report PSD-007-09 be received; THAT consideration of commercial recreation vehicle storage in the Urban Residential, Future Urban Residential and Major Open Space Areas designation, be considered as part of the "Planning for the Countryside" component of the Clarington Official Plan review; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-007-09 and Council's decision; and Council Meeting Minutes - 23- January 12, 2009 THAT all interested parties listed in Report PSD-007 -09 and any delegations be advised of Council's decision. "MOTION CARRIED ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster -J Councillor Hooper -J Councillor Novak -J Councillor Robinson -J Councillor Trim -J Councillor Woo -J Mayor Abernethy -J BY -LAWS Resolution #C-019-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2009-001 to 2009-008 inclusive; 2009-001 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Gertrud Tomina) and to Repeal By-law 2008-168 2009-002 Being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2009 2009-003 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (2154513 Ontario Inc. and 2143619 Ontario Inc.) 2009-004 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Road Land Corporation & Paul Lysyk Family Trust) 2009-005 Being a by-law to stop up and close as a public highway a portion of road allowance and to authorize the conveyance of Part 3 on Registered Plan 40R-25645 to Andy Meima 2009-006 Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington Council Meeting Minutes - 24- January 12, 2009 2009-007 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2009-008 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Limited, Gormley, Ontario, to enter into agreement for the Beech Avenue Reconstruction, Bowmanville, Ontario; and THAT the said by-laws be now read a first, second and third time and finally approved. "CARRIED" NOTICE OF MOTION There were no Notices of Motion introduced under this section of the Agenda. OTHER INFORMATION Councillor Novak stated she would be submitting correspondence from the Clarington Older Adult Association requesting support for their application for funding under the Elderly Persons Act to Council for consideration at the next meeting. Councillor Foster and Councillor Novak made disclosures of pecuniary interest earlier in the meeting and refrained from voting on the Confirming By-law. CONFIRMING BY-LAW Resolution #C-020-09 Moved by Councillor Woo, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-009, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 1 iti day of January 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" Council Meeting Minutes ADJOURNMENT Resolution #C-021-09 Moved by Councillor Novak, seconded by Councillor Foster THAT the meeting adjourn at 8:34 p.m. - 25- January 12, 2009 "CARRIED" MAYOR MUNICIPAL CLERK SUMMARY OF CORRESPONDENCE JANUARY 26, 2009 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 Minutes of the Kawartha Conservation Authority dated November 26, 2008. (Copy attached) I - 2 Minutes of the Clarington Traffic Management Advisory Committee dated November 20,2008. (Copy attached) I - 3 Minutes of the Tyrone Community Centre Board dated December 17, 2008. (Copy attached) I - 4 Dan Remollino, P. Eng., Project Manager, 407 East Environmental Assessment, Ministry of Transportation, responding to the Municipality's comments on the Highway 407 East EA as provided in Staff Report PSD-11 0-08. (Copy attached) I - 5 Durham Regional Police Service Report summary of findings and recommendations concerning the Courtice Skate Park. (Copy attached) I - 6 Diane Powers, Chair, Christmas in Clarington Country Committee expressing appreciation for Council's support of the 8th Annual Christmas in Clarington Tour, in particular, the marketing expertise and creative artwork provided by the Municipality's Marketing and Communications Department which played a major role in the success of the event. I - 7 The Honourable George Smitherman, Deputy Premier, Minister of Energy and Infrastructure writing to Mr. Michael Angemeer, President and CEO, Veridian Power, extending appreciation to Veridian staff for their efforts in assisting Hydro One in restoring power to more than 200,000 Ontarians over the holiday season. Summary of Correspondence - 2 - January 26, 2009 I - 8 Gail Cosman, President, Nestle Waters Canada, advising of their concerns respecting the possibility of a ban on the sale of bottled water; forwarding a document entitled "In the Know", a guide to bottled water and Nestle Waters Canada; advising of a partnership between Nestle Waters Canada and the Government of Quebec and municipalities across the province to collect and recycle plastic beverage containers in public spaces; and, requesting permission to participate in any future discussions related to the continued sale of bottled water in municipal facilities should the matter be raised in Clarington. 1-9 Adrienne Baltadjian, RD, MHSc, Public Health Nutritionist, Region of Durham, forwarding copies of the 2008-2009 Eat Smart! Dining Guide, listing the current Durham Region Eat Smart! Restaurant winners. The Eat Smart! Program is a provincial program designed to identify and award restaurants that have an excellent track record in food safety, have trained food handlers and offer a variety of healthier food choices. I - 10 John Periversoff, Manager, London Devilettes PeeWee B, writing to Rick Howe, Orono Arena, praising staff and the Orono Arena Board for the excellent ice conditions, cleanliness and maintenance of the building, and the professionalism and pride exhibited by staff in carrying out their duties; and advising they look forward to their next visit to the Orono arena. I - 11 Brian Fallis, Ganaraska Region Conservation Authority, writing to the Honourable Jim Bradley, Minister of Transportation, requesting that the Province renew its financial investment in the Oak Ridges Moraine by providing additional funding of $30 million to the Oak Ridges Moraine Foundation (ORMF) to enhance and protect the ecological integrity of the Moraine in the funding areas of securement, trail, research and stewardship, and education and outreach. I - 12 Lori Riviere-Doersam, Planning Department, Region of Durham, advising nominations are being accepted until March 2, 2009, for the Durham Environmental Advisory Committee (DEAC) Environmental Achievement Awards, a program established to recognize individual or group efforts in six award categories who promote, preserve and enhance Durham's natural environment. Nomination forms are available at www.reqion.durham.on.ca or by contacting Lori Riviere- Doersam at 905-668-7711 . Summary of Correspondence - 3 - January 26, 2009 I - 13 Manny Sousa, Manager, Community and Government Relations, Enbridge Gas Distribution, providing information on the 'Winter Warmth Fund", a program designed to help low-income families and individuals who are having financial difficulties to pay their natural gas bill. Since the program's inception in 2004, over 170 households in Durham Region have received financial assistance. Program details are available at www.enbridqeqas.com/winterwarmth or by callinq 905-686-2661 . I - 14 Jean Major, Chief Executive Officer, Alcohol and Gaming Commission of Ontario (AGCO) responding to Council's resolution requesting the AGCO to expedite its modernization of charitable gaming initiative, particularly as it relates to the application, reporting and administration process respecting break open tickets and raffles; advising that based on extensive stakeholder consultations, the AGCO released a document setting out the directions and priorities for implementing strategic changes to the charitable gaming framework, designed to enhance the competitiveness of the industry; indicating that since embarking on the modernization initiative in 2005, great strides have been made in terms of simplifying and streamlining the administrative process; acknowledging the Municipality's concerns with the reporting process but advising of the necessity of having effective controls and event monitoring to ensure that funds being raised are directed to the intended charitable purposes; and, encouraging staff to continue to work with the AMCTO's Charitable Gaming Project Team to explore further opportunities to ensure that charitable gaming remains a viable activity for Ontario's charities and to strengthen the capacity of municipalities to meet their responsibilities under the new licensing framework. 1-15 John O'Toole, MPP, Durham, advising he has written to Ontario's Minister of Government Services to help ensure that the Municipality's concerns regarding the streamlining of the process for licensing lotteries run by local charities are on record and requesting the Minister to provide an update on the progress that is being made towards streamlining and simplifying various lottery activities initiated by local charities. Summary of Correspondence - 4 - January 26, 2009 I - 16 Patrick (Sid) Ryan, President, CUPE Ontario and Maude Barlow, Voluntary National Chairperson, The Council of Canadians, advising of the "Unbottle It!" Bottled Water Educational Tour, a 15-city tour across Ontario from January 12 to 30, 2009, sponsored by the Council of Canadians and CUPE Ontario to encourage municipalities and other institutions to take practical action to "Unbottle It!" and to generate support for banning bottled water and strengthening public water infrastructure; and extending an invitation to Members of Council to attend a town hall meeting on Wednesday, January 28th at 7:00 p.m. at the Heydenshore Pavilion in Whitby. I - 17 Ministry of Transportation advising the fifth round of Public Information Centres (PIC) concerning the 407 East Environmental Assessment (EA) and Preliminary Design Study Technically Preferred Route - Preliminary Design Plans will be held in Clarington on Tuesday, January 27,2009, from 4:00 p.m. to 8:00 p.m. at the Garnet B. Rickard Recreation Complex in Bowmanville; indicating that the PIC will follow a similar "drop in" format as the previous PIC's and will provide information on plans/drawings of the Technically Preferred Route (TPR) and crossing roads, recommendations and design for crossing roads (over, under or closure at the TPR), interchange locations and configurations, local road realignments associated with the TPR, railway and utility crossings, watercourse crossing treatments and mitigation strategies, potential watercourse realignments, stormwater management measures, management ponds, lighting requirements, potential mitigation measures/strategies (landscaping, noise walls, wildlife crossings, etc.) Community Value Plan (CVP) process and recommended plan, property requirements and impacts, property acquisition process and project update, schedule and next steps. 1-18 John O'Toole, MPP, Durham, writing to the Honourable James Bradley, Minister of Transportation, advising of a suggestion from Bowmanville residents to establish a decorative floral "gateway" on the eastbound and westbound Highway 401; requesting to be advised of the process for inclusion in a civic identity program for towns along the Highway 401 corridor; and, requesting an update concerning the Province's plans to rebuild two Highway 401 interchanges at Bowmanville as a future beautification project may need to be considered in connection with future interchange improvements. Summary of Correspondence - 5 - January 26, 2009 I - 19 David L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers Association, registering the Association's concern over the proposed tax rate increase and proposing that the Municipality of Clarington and the Region of Durham should strive for an increase as close to 0% as possible in recognition of these difficult economic times. I - 20 Rosemary Davies expressing concern that taxes in Clarington are too high and are affecting residents' ability to keep and maintain their homes; that she believes that tax dollars are not being spent wisely; that large families will experience difficulties with the four-bag limit for refuse collection and that she is opposed to the use of clear garbage bags; and, suggesting that children should be taught about recycling at an early age and that the Municipality should consider increased education to encourage recycling. I - 21 Darlene Brown, Executive Director, Big Brothers & Sisters of Clarington, extending an invitation to participate in "Bowl for Kid's Sake" to be held February 17 to 23, 2009 at Liberty Bowl, in support of Big Brothers & Sisters of Clarington programs. On-line registration and pledging is available at http://c1arinqton.kintera.orq/bowlforkids or bowlers may collect pledges and bring pledge money to the bowling alley on the day of bowling. In 2008, Big Brothers & Sisters of Clarington reached more than 350 children with their innovative and creative programs and are committed to serving more children in 2009. CORRESPONDENCE FOR DIRECTION D - 1 Debbie Hunter, Office Administrator, MS Society, Durham Regional Chapter, Multiple Sclerosis Society of Canada, advising the 2009 Multiple Sclerosis Carnation Campaign will take place during Mother's Day Weekend and requesting approval for tag days to permit the MS Society to sell carnations on Friday, May 8 and Saturday, May 9,2009, in support of on-going research and assistance for persons with Multiple Sclerosis and their families. (Motion to grant permission to sell carnations on May 8 and May 9, 2009) D - 2 Jack Oegema, Kinsmen Club of Bowmanville, requesting permission to have the Bowmanville Homeshow banner hung across Highway 2, west of the railway bridge, from April 13, to April 19, 2009. (Motion to approve installation of banner and to advise Veridian) Summary of Correspondence - 6 - January 26, 2009 D - 3 William Krueger, Coordinator, Fundraising Events, MS Walk, MS Society of Canada, requesting permission to hold the 2009 Bowmanville Super Cities Walk for MS on Sunday, April 19, 2009 beginning at 9:40 a.m. at the Bowmanville High School; forwarding a copy of the proposed 5km and 1 Okm Walk route maps and requesting to be informed of any construction plans that may interfere with the routes. (Motion to approve, provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Don Prout, Cynthia Prout, Sean Kean and George Van Dyk advising that the Institute of Chartered Accountants of Ontario has determined that the compliance audit performed by James Horn, Chartered Accountant, of former Mayor John Mutton's financial statement is negligent; requesting the compliance audit of former Mayor John Mutton's financial statement granted by Council in 2007 be tendered and performed as soon as possible; forwarding a list outlining all issues the applicants feel require the auditor's attention; and, requesting council to pay the professional fees incurred by the applicants to dispute the debt incorrectly assessed by Council and to prove the auditor's negligence and to seek repayment of costs from the auditor. (Motion refer correspondence to the Municipal Clerk) D - 5 Carolyn Downs, City Clerk, City of Kingston, advising Council that on January 6, 2009, the City of Kingston adopted the following resolution pertaining to Christmas Wrapping Paper: 'WHEREAS the City of Kingston has established a goal to increase its waste diversion rate to 65% by 2012; AND WHEREAS, despite the fact that the Christmas holidays are supposed to be a time of peace and goodwill, the waste sent to landfill as a result of our actions over the Christmas holidays increases due to the excessive packaging of gifts and the fact that most wrapping paper is not recyclable. As a result, it could be argued that our actions in this regard are not in keeping with the spirit of the holidays; Summary of Correspondence - 7 - January 26, 2009 AND WHEREAS, in December 2008, the City of Toronto approved report PW20.1 entitled "Proposed Measures to Reduce In-Store Packaging Waste and Litter, Municipal Hazardous and Special Waste and Plastic Water Bottles", which includes the establishment of a working group to explore options available to reduce excessive packaging. THEREFORE BE IT RESOLVED THAT the City of Kingston requests that the federal and provincial governments develop legislation requiring that all wrapping paper sold and manufactured within their respective jurisdictions be recyclable, with a goal to establish an eventual ban on the sale and use of non-recyclable wrapping paper within their respective jurisdictions; BE IT FURTHER RESOLVED THAT staff develop a communications strategy to be implemented prior to Christmas 2009, encouraging Kingstonians to adopt more environmentally-friendly practices regarding gifts including but not limited to: a. Using recyclable paper to wrap gifts, or reusable gift bags, instead of non-recyclable wrapping paper b. Reusing reusable gift bags before purchasing new ones c. Encouraging citizens to purchase gifts from manufacturers, companies and retailers who sell products that do not use excessive packaging d. Encouraging local retailers, suppliers and businesses to use their influence to encourage manufacturers and companies to reduce excessive packaging in their products e. Encouraging local retailers and suppliers of non-recyclable wrapping paper to use their influence to encourage manufacturers of non-recyclable wrapping paper to develop and sell only recyclable wrapping paper; AND FURTHER THAT such strategies including financial considerations be referred to Environment, Infrastructure and Transportation Policies Committee (EITP) for consideration and recommendation to Council; AND FURTHER THAT staff monitor the work of the Packaging Reduction Working Group of the City of Toronto and the work of other municipalities in regards to packaging reduction in order to develop recommendations for action that could be taken by the City of Kingston in the future to reduce excessive packaging in the City of Kingston; Summary of Correspondence - 8 - January 26, 2009 AND FURTHER THAT the Kingston Environmental Advisory Forum (K.E.A.F.) be requested to consider this resolution and provide input to staff and the Environment, Infrastructure and Transportation Policies Committee on the matters outlined herein; AND FURTHER THAT a copy of this resolution be forwarded to Prime Minister Stephen Harper, Premier Dalton McGuinty, Hon. Hugh Segal, Senator for Kingston, Frontenac, Leeds, Hon. Peter Milliken, M.P. for Kingston and the Islands, Hon. John Gerretsen, M.P.P. for Kingston and the Islands, the provincial and federal ministers and party critics responsible for the Environment, Industry, Trade, Consumer Affairs, Science and Technology, FCM, AMO and all municipalities on our regular information and endorsement distribution list." (Motion for Direction) D - 6 Angie Darlison, Executive Director, and Peter Evans, President, Clarington Older Adult Association (COACB) writing to the Elderly Persons Centres Programs Branch, Community Services, Ministry of Health and Long-Term Care forwarding documentation in support of the Clarington Older Adult Association's Application for Approval under the Elderly Persons Centres Act for Municipally-Operated Centres. (Motion for Direction) D - 7 Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington, advising Council that the Agricultural Advisory Committee of Clarington adopted the following resolution pertaining to an amendment to the Highway Traffic Act: 'WHEREAS the Highway Traffic Act of the Province of Ontario in Section 122 sets out the weight restrictions for reduced load periods and the exceptions to this restrictions; and WHEREAS one of the exceptions is for vehicles used exclusively for the transportation of milk; and WHEREAS there are other perishable products that need to be transported onto and off of farms during the season when reduced load periods are in force; and WHEREAS there are essential farm inputs necessary for the ongoing production and viability of farming; and Summary of Correspondence - 9 - January 26, 2009 WHEREAS the number of truck trips for these products are limited by the amount of production capacity; and WHEREAS the Provincial government is supportive of the agricultural industry which is vital to the economy of Ontario, the local production of food and food security; NOW THEREFORE BE IT RESOLVED THAT the Highway Traffic Act, Section 122 be amended to include as an exemption vehicles used for the transport of perishable commodities and essential farm inputs; AND FURTHER THAT this resolution be circulated to all members of the Association of Municipalities of Ontario for endorsement." (Motion for Direction) ~ KAWARTHA CONSERVATION 1- 1 Minutes of Meeting # 14/08 Meeting #14/08 was held on Wednesday, November 26th, 2008 at the Kawartha Conservation office. Chair O'Connor called the meeting to order at 6:31 p.m. Present: Larry O'Connor, Chair Donna Villemaire, Vice-chair Alex Ruth Ron Hooper David Marsh Lloyd Robertson Regrets : Peter Franzen Lynn Philip Hodgson Jim McMillen Delegate: Stephen O'Leary Staff: Wanda Stephen, Acting CAO Mark Majchrowski, Director, Watershed Management Dave Pridham, Manager, Environmental and Technical Services Kristie Virgoe, Manager, Environmental Protection and Restoration Steve Gormley, Resources Planner Catherine Hennings, Corporate Services Assistant I Adoption of Agenda Resolution #173/08 Moved by: Seconded by: Resolved, That, the agenda for Meeting #14/08 be adopted as received. CARRIED David Marsh Ron Hooper Declaration of Pecuniary Interest None declared. I Adoption of Minutes The Chair indicated that during discussions Mr. McMillen wanted to draw to the attention of the board members that a permit referred to a severance which was to be registered on file. The Board discussed the matter. Resolution #174/08 Moved by: Seconded by: Resolved, That, the minutes for Meeting #13/08 be adopted as received. Ron Hooper Alex Ruth CARRIED KAWARTHA CONSERVATION MEETING #14/08 NOVEMBER 26TH ,2008 PAGE 2 OF 6 I Delegation Mr. Stephen O'Leary addressed the board concerning his permit and his request to build a boathouse exceeding 500 square feet. Mr. O'Leary provided the reasons for the request and asked the board to reconsider allowing him to build his boathouse at the originally requested size. Mr. Majchrowski provided information on other previously approved structures, that there were no concerns with water displacement and the use of the Timmins 100 year event in flood calculations. Resolution #175/08 Moved by: David Marsh Seconded by: Lloyd Robertson Resolved, That, the permit for 295 Snug Harbour Road be approved subject to the notwithstanding clause. CARRIED I Permit Applications Mr. Majchrowski, Director, Watershed Management provided an explanation to Director Robertson's questions concerning the process if an applicant did not adhere to the conditions of a permit. Resolution #176/08 Moved by: David Marsh Seconded by: Alex Ruth Resolved, That, the permit regarding 140 Sturgeon Glen submitted under the Development, Interference with Wetlands and Alterations to Shorelines & Watercourses regulation (Ont. Reg 182/06) be approved subject to the notwithstanding clause. CARRIED Mr. Majchrowski addressed Director Robertson's questions concerning the location of the septic tank at 35 Gardiner Shore and confirmed that it is not located in the flood plain. Resolution #177/08 Moved by: Ron Hooper Seconded by: David Marsh Resolved that, the permit regarding 35 Gardiner Shore submitted under the Development, Interference with Wetlands and Alterations to Shorelines & Watercourses regulation (Ont. Reg 182/06) be approved subject to the notwithstanding clause. CARRIED Mr. Majchrowski provided an overview of permit application for 315 Eldon Road and explained that consideration for the protection of people and property are the concern with this application. The watercourse near this property floods on an annual basis and floodplain mapping indicates that the watercourse will flood the applicant's property in areas up to 1 m in depth including the entrance and parking area. As well, according to the floodplain mapping the first floor of the dwelling would be subject to flooding. Resolution #178/08 Moved by: David Marsh Seconded by: Alex Ruth Resolved that, the permit regarding 415 Eldon Road submitted under the Development, Interference with Wetlands and Alterations to Shorelines & Watercourses regulation (Ont. Reg 182/06) be approved subject to the notwithstanding clause. DEFEATED 2 KAWARTHA CONSERVATION MEETING #14/08 NOVEMBER 26TH ,2008 PAGE 3 OF 6 Permit Applications continued Resolution #1 79/08 Moved by: Lloyd Robertson Seconded by: Alex Ruth Resolved that, the permit regarding 415 Eldon Road submitted under the Development, Interference with Wetlands and Alterations to Shorelines & Watercourses regulation (Ont. Reg 182/06) not be approved. CARRIED Resolution #180/08 Moved by: David Marsh Seconded by: Ron Hooper Resolved, That, the attached list of Section 28 Permits issued between October 16, 2008 and November 19, 2008 by the KRCA be ratified by the Board of Directors. CARRIED I Friends of Kawartha ConselVation Chair O'Connor explained to the board members that there had been some activity and conclusions to the delegate's concerns at the previous meeting and that the Friends board had been updated on their roles, grant application process, liability and MOU issues. Friends want to be sure they are not responsible for actions after the application process. It was agreed that a MOU between the Friends and Kawartha ConselVation should be drafted and a legal opinion sought. Director Villemaire suggested an information package be prepared for Friends and distributed to the Board as well. Director Marsh requested that staff report to the board, on a quarterly basis, activities associated with the Friends including work hours, in-kind contributions, grant work etc. Resolution #181/08 Moved by: David Marsh Seconded by: Ron Hooper Resolved, That, the staff report on Friends of Kawartha ConselVation be received, and That, a legal opinion be sought for the MOU and liability issues. CARRIED Resolution #182/08 Moved by: David Marsh Seconded by: Donna Villemaire Resolved, That, updates on Friends be included in staff Program Updates including hours dedicated. CARRIED Designation of Head under MFIPPA Director Villemaire suggested that the Chair be the Head under MFIPPA and that administrative duties not be delegated to the Acting CAO. Director Ruth asked for clarification about the assignment of administrative duties in the past and Ms. Stephen explained that the current resolution assigns the duties to the CAO. Resolution #183/08 Moved by: Donna Villemaire Seconded by: David Marsh Resolved, That, the Kawartha ConselVation Board of Directors hereby designates the Chair as Head for the purposes of the Municipal Freedom of Information and Protection of Privacy Act until such time as a CAO is hired and successfully completes a review period. CARRIED 3 KAWARTHA CONSERVA nON MEETING #14/08 NOVEMBER 26TH ,2008 PAGE 4 OF 6 I Watershed Management Policies Resolution #184/08 Moved by: Seconded by: Resolved, That, the Watershed Management Policies be deferred to 2009. David Marsh Ron Hooper CARRIED I Nonquon Subwatershed Study Resolution #185/08 Moved by: Lloyd Robertson Seconded by: David Marsh Resolved, That, the Nonquon Subwatershed Study, Agenda item #9, be deferred to February, 2009. CARRIED Nonquon Fisheries Management Plan Resolution #186/08 Moved by: Lloyd Robertson Seconded by: David Marsh Resolved, That, the Nonquon Fisheries Management Plan be deferred to the next meeting of the Board in February, 2009. CARRIED I Recruitment of CAO Chair O'Connor advised that the feedback received from the partner municipalities indicated to move forward and hire a CAO. The Chair recommended to the board that we begin the recruitment process by engaging Russ Powell, CAO of CLOCA to assist in a job description and a plan for the recruitment process. Director Villemaire pointed out that the strategy workshops laid out the steps that should be taken and the board should authorize the Chair to approach Mr. Powell. Resolution #187/08 Moved by: Lloyd Robertson Seconded by: David Marsh Resolved, That, Mr. Powell be requested to assist the KRCA in the development of an action plan for interested, qualified candidates to apply for CAO including cost estimates. CARRIED 4 KAWARTHA CONSERVATION MEETING #14/08 NOVEMBER 26TH ,2008 PAGE 5 OF. 6 I 2009 Budget Discussion took place about the 2009 Budget. Director Villemaire questioned the cost of living adjustment to staff salaries and if this was a commitment in employment contracts. Ms. Stephen explained that there are no employment contracts that require a cost of living adjustment, rather the surrounding Conservation Authorities had been surveyed and the adjustments to salaries ranged from 2.7% to 3.5%. Ms. Stephen also answered questions concerning merit adjustments. Ms. Stephen requested direction from the board as to a budget guideline. It was explained to the board the importance of the addition of a Regulations Officer and the pressure that this placed on the budget of an additional 3.2% levy increase. Other budget items were discussed and staff provided information and explanations. Ms. Villemaire suggested a 3% guideline which would include costs associated with a CAO and a Regulations Officer by cutting expenditures where necessary. Resolution #188/08 Moved by: Lloyd Robertson Seconded by: Ron Hooper Resolved, That, the 2009 Draft Budget be deferred to the January 21, 2009 Board meeting. CARRIED Discussion took place with respect to the meeting dates in January, 2009 and the Chair recommended thatthe Annual General Meeting be set for January 14th to conform to administrative policies and the January 21 meeting is a business meeting to deal with budget matters. Resolution #189/08 Moved by: Seconded by: Resolved, That, the Annual General Meeting be set as January 14th, 2009. Alex Ruth David Marsh CARRIED I Closed Session None required. I Correspondence Resolution #190/08 Moved by: Seconded by: Donna Villemaire Lloyd Robertson Resolved, That, correspondence be received. CARRIED 5 KAWARlHA CONSERVA liON MEETING #14/08 NOVEMBER 26TH ,2008 PAGE 6 OF 6 New Business None I Adjournment There being no further business, the meeting adjourned at 8:00 p.m. Resolution #191/08 Resolved, That, the Board of Directors meeting be adjourned. Larry O'Connor Chair Moved by: Seconded by: CARRIED Wanda Stephen Acting CAO Lloyd Robertson David Marsh 6 CltJl-!ngton Approved bv Committee Members CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE MUNICIPALITY OF CLARINGTON Minutes of Meeting Thursday, November 20,2008 PRESENT: (Chair) Clayton Morgan Georg Krohn Lisa Robinson Kerry Meydam (Vice-Chair} Gord Lee David Reesor Gillian Bellefontaine ALSO PRESENT: Tony Cannella, Director of Engineering Services, Leslie Benson, Manager of Transportation & Design Constable Esther Rathwell, Stuart McAllister, Road Safety Co-ordinator, Durham Region REGRETS: Ron Baker, Traffic & Transportation Co-ordinator Councillor Adrian Foster, Wallace Bradley, Elwood Ward Sandy Lyall 1.0 ADOPTION OF MINUTES-(October 16, 2008) The following motion was proposed: THAT: "The minutes of the October 16,2008 meeting are approved without changes." MOVED: by Kerry Meydam; SECONDED by Lisa Robinson CARRIED 1-2 2.0 ITEMS FOR INFORMATION 2.1 Road Watch-(Gord Lee) There was a DRPS Traffic Coordinator's meeting on October 2ih which Ron Baker and Gord Lee attended. At this meeting it was determined that there is a need to have all Road Watch Committees throughout the Region working together. Groups are sending different letters out to alleged offenders. A number ofthe Road Watch Signs in all communities lack the DRPS website information and all appear to be promoting the program differently by way of mall kiosk displays, mailing of brochures and some by advertising locally through the media when funding is available. The end result of this meeting was a scheduling of networking sessions for all Regional Road Watch volunteers to attend. The first meeting is scheduled for January 20,2009 in Whitby. Clarington's program had 8 complaint notices to be processed. This totals ninety complaints that have been followed up this year, with notices mailed to the alleged offenders. 2.2 Traffic Watch-(Ron Baker & Constable Esther Rathwell) Constable Rathwell advised the members ofthe difference between Traffic Watch and Road Watch. Traffic Watch manually records speeding in Clarington only. Clarington has a separate budget to pay trained personnel to do monitoring by way of a radar board. As well, Durham Regional Police have a data pack within a radar trailer which logs speeds and the time of day of the offence. This reduces the need for police officers. Road Watch gathers statistics from residents in the community who call in their findings which are processed through the Region. There is also a Traffic Bus Watch whereby bus drivers are trained to submit reports of speeders and other offenders. 2.3 Highway 407 Update-(Leslie Benson) The consultant who assists the Planning and Engineering departments has been changed due to a conflict of interest. The MTO is still planning the completion of the 407 Highway to be 2013. Leslie Benson will report next meeting of any new updates. 3.0 AGENDA ITEMS FOR DISCUSSION 3.1 Rural Speed Limits Council was sent a series of memos regarding the rural speed limits and has now approved the new speed limit by-law as recommended by the CTMAC. The approved entrance signage is consistent with the Region's signs. The metal signs are on order and will replace the current ones on the existing posts. The media will be contacted for public notification. Clarington's web page may also be used to educate the public. The Engineering staff and the Durham Region Police Services will meet to discuss how to implement the educational process. Because the By-law has been passed, enforcement will take place as soon as signs are posted. Constable Rathwell advised that she will conduct educational sessions with other officers and review the new map that reflects the new speed limits. Leslie Benson will email an electronic copy of the map to Constable Rathwell and members of the committee. Constable Rathwell thanked the Engineering Department for helping with this process. 4.0 NEW BUSINESS AT DIRECTION OF CHAIR 4.1 In-Service Safety Review-Stuart McAllister Recently the Region received a final in-service road safety review for the Hwy. 2/Townline area (Hwy. 2 from Townline to Varcoe/Darlington and Townline from Hwy. 2 to Nash) from the consultant they retained. It contains a number of both short and longer-term recommendations to improve traffic operations and safety in this area which the Region intends to proceed with in the near future. They have also commissioned an in-service review of the Hwy. 2/Regional Road 57 intersection, including Road 57 from Stevens Rd. to Aspen Springs. That study is currently underway. 4.2 Tim Horton's- Baseline Road-Bowmanville There was a meeting on November 20th with TDL, the Region and Clarington representatives. Changes to the Tim Horton's entrances will commence as per the approved Site Plan in the next few days. Licence plate numbers should be gathered by residents who experience drivers blocking intersections and pass along the plate numbers to Durham Regional Police. 4.3 Highway 2/Green Road-from Clarington Blvd. to Boswell Road Stuart McAllister advised that both sides are open with some continuing lane restrictions but work will be almost complete this week. 4.4 Mearns Avenue/Longworth Avenue There have recently been reports of speeding on Mearns Avenue. Durham Regional Police Services will visit the location to check speeds. 4.5 Maple Grove Road to Hwy. 2 to Baseline Operations will be asked to look at the condition of this stretch of road. 4.6 Regional Road 3 and Hwy. 57 This intersection was under investigation due to a collision. The Region could not discuss the legal content of this matter. 4.7 December 200S-No Meeting Clayton Morgan reminded members that there will not be a meeting held in December. He wanted to thank everyone for attending the meetings each month and for their contribution and dedication to the committee. He commented that members of Council appreciated all their efforts as well. Clayton made the Committee aware that he will not be running for Chair at the election in January and said that he is stepping down after being Chair for 7 of the 8 years the Committee has been active. He has enjoyed being part of the Committee and wanted to allow the members to give some thought to whom they would elect in 2009. He wished everyone a happy and healthy holiday season. 5.0 NEXT MEETING DATE- January 15,2009-7:00 P.M. Committee Room 1 C- Enter via Municipal Administrative Centre, 40 Temperance Street, Bowmanville, through the north door on Church Street (Library entrance doors). 6.0 ADJOURNMENT MOVED by; Dave Reesor THAT: "The meeting be adjourned at 8:05 p.m." EEB Tyrone Community Centre Memorandum 1-3 To: From: Cc: Date: Subject: Executive Board Members Mark Canning . Willie Woo, Gord Robinson Jan 21, 2009 Minutes - Dec 17th Board Meeting Attendees: John Scanlan, Janice Scanlan, Enid Lyttle, Gwen Woodcock, Patty Woodcock, Mark Canning, Paul Rowan, Walter Loveridge, Steve Powell, Peter Knowlton MINUTES FROM THE NOV 19TH BOARD MEETING Motion to approve minutes from the last meeting. Moved: Mark Canning Seconded: Janice Scanlan CARRIED TREASURER'S REPORT General Account: $1641.04 Moved: Paul Rowan Seconded: Gwen Woodcock CARRIED BOOKING REPORT Nothing to Report BAR REPORT Nothing to report YOUTH REPORT Nothing to report TAA Report - discussed an idea of meeting with Peter and the TAA and to see how we(TCCjTAA) can collaborate our efforts in a downturn economy to the benefit(fundraising, rentals, volunteers, board members, dances etc) of us both. Will send an email to TAA members asking for help with the hall(either volunteering and or financial assistance). Certainly provide washroom facility for sports teams in the hall and explore other ideas. SENIORS REPORT Thank you to the Seniors for their donation to the hall of $2053. CLEANING REPORT Kitchen Plug repaired. OLD BUSINESS 1. Fundraising - Paul will discuss with Haydon about the valentine dance and working together. 2. Pancake breakfast had about 60 people turnout. Thanks to all the helpers and John Santa! "Tyrone ... catch the Spirit!" 2716 Concession Rd. 7 Tyrone, ON, LtC 3K6 www.tyroneontario.com (905) 263-4330 Ern Tyrone Community Centre 3. Defibrillator - Gord will check into this for us. 4. Municipality of Clarington Issues: · Discussed with Nancy the possibility of renting the kitchen to raise funds for the hall. Taxes and Insurance issues(most businesses have liability insurance). Nancy checking on feasibility. Certainly this could be a good squrce of revenue during a d,?wnturnand slo~ing of rentals. · Sign - Gwen will take care of this issue. · New lock needed for outside door by kitche . s. HALL CHARITABLE STATUS - John met with Nancy. Will be ok for Charitable status going forward for hall. Need to pay funds for renewal. Nancy will attend a future meeting. In the future, the TCC will partner with the Municipality on OTF funding requests. 7. Photographs on Walls - no change. Will put some funds from fundraising towards it. NEW BUSINESS *PROVIDE STEVE $100 FOR DIESEL(PLOWING) - MOVED * 2009 AGM(8PM) - NEED TO FIND NEW BOARD MEMBERS Motion to Adjourn Moved: Mark Canning Seconded :Jan Scanlan Adjourned 8:45 pm "Tyrone ... catch the Spirit!" 2716 Concession Rd. 7 Tyrone, ON, L1C 3K6 www.tyroneontario.com (905) 263-4330 Ministry of iransportation Ministere des Transports ('~ 1-4 t? Ontario Planning and Environmental Office Central Region 3rd Floor, Bldg. '0' 1201 Wilson Avenue Downsview, ON M3M 1 J8 Tel.: 416-235-5485 Fax.: 416-235-3446 Bureau de la planification et de I'environnement Region du Centre 38 etage, edifice 0 1201, avenue Wilson Downsview, ON M3M 1J8 Tel.: 416-235-5485 Telae.: 416-235-3446 January 6, 2009 Corporation of the Municipality of Clarington 40 Temperance Street BowmanviIJe, Ontario l1 C 3A6 Attention: c. Anne Greentree, B.A., CMO Deputy Clerk Dear Ms. Greentree: D_. n.~. Highway 407 East Environmental Assessment (EA) r.1unicipality of Clarington Comments on Technically Preferred Route Ministry of Transpcr+..ation Responses Your File No.: TOS.HI Thank you for your November 11, 2008 letter with accompanying Report PSD-110-08 containing Clarington's comments regarding the Highway 407 East EA. I would like to respond to some general comments/resolutions contained in your covering letter a~ well as some more specific issues within the PSD-110-08 report itself and accompanying spreadsheet. Ministry responses are in italics. COMMENTS/RESOLUTIONS CONTAINED IN COVERING LETTER Remnant Parcels Working Group: The 407 project team continues to evaluate land use impacts and in particular remnant parcels as part of the Impact Assessment for the 407 East EA. The ministry supports Glarington's objective to ensure no additional residential parcels are created. Ultimately, Regional and Municipal planning and policy decisions will dictate how remnant parcels can be developed. A Working Group approach may be considered outside the scope of the E4. The ministry will continue to consult with other government agencies regarding remnant parcels. Page I of8 '. Hwy. 407 East EA Municipality of Clarington Comments on Technically Preferred Route Ministry of Transportation Reponses - Your File TOS.HI January 6, 2009 Crossing Roads: The 407 project team continues to consult with Glarington staff, emergency service providers and the local farming community regarding the need to ensure that a sufficient crossing road network is maintained. Middle Road: The 407 project team continues to meet with. Glarington staff, emergency service providers and the local farming community to determine the need to keep Middle Road open. A final recommendation is expected by early 2009. Upgrading Holt Road: The 407 project team will not be seeking EA approval to carry out improvements to Holt Road between Taunton Road and Sixth Goncession Road. Such improvements, if justified, will be Glarington's responsibility. SPECIFIC ISSUES REFERENCING REPORT PSD-11 0-08 Note that the numbering corresponds to the sections provided in Report PSD-110-08. Ministry . -, '" . responses are in I~alics. 1.2 The entire recommended route through Durham Rflgion is shown on Attachment 3 while the Clarington portion is shown in more detail on Attachment 4 including the local road treatments (over/underpasses or closures). The proposed transportation corridor will be 170 m wide on the Mainline from the current terminus in Pickering to the East Link, to accommodate the highway (110m) and a transitway (60 m). The Ea$t Link will be 110 m wide. The Ministry of Transportation (MTO) has indicated that, although the EA Study does not specifically address implemeritation, it is the Province's intention to have all construction work for the highway completed in a single phase with a targeted completion date of 2013. The East Link will in fact be 170 m wide to accommodate a highway (110 m) and a transitway (60 m). The transitway is proposed to extend southerly from the mainline to Bloor Street on the west side of the East Link highway corridor. 2.2 The full interchange previously proposed at Bethesda Road has been shifted east to Darlington-Clarke Townline, which is a more appropriate location. However, ever the long term there is still concern that the traffic from Bowmanville is restricted to accessing the 407 either at Regional Road 57 or Highway #2. The Municipality should have the opportunity, prior to the finalization of the decision about an interchange at Liberty Street, to review the results of the updated traffic modeling to be undertaken as part of the functional design study. This would provide a better understanding of the projected Page 2 oiS Hwy. 407 East EA Municipality of Clarington Commenls on Technically Preferred Route Ministry ofTranspor~tion Reponses - Your File TDS.HI January 6, 2009 impacts of increased traffic volumes on local roads in terms of increased delays, increased intersection demands, and opportunities for vehicular infiltration. The 407 project team will continue to meet with Clarington staff over the nextfew months to confirm/refine the TPR. Traffic analysis will be part of this review. At this time it is not envisioned that an interchange at Liberty Street wii/ be included . as part of the EA but its iong=term potential to be constructed, once a need has been identified, is not precluded. 2.5 The interchange at Enfield Road requires additional property acquisitions due to grade issues, proximity of the 407 on-ramps, Sixth Concession turning movements and significant environmental constraints. It is recommended that the Project Team collaborate with Regional and Clarington staff to. determine an effective and practical design for this area that minimizes property impacts. The 407 project team is in the final stages of developing the ultimate design, which includes the review of a smaller interchange configuration similar to Baldwin St. and Thickson Rd in Whitby. The interchange design is effective and practical given the constraints in the area. The smaller interchange configuration will still require a connector road to allow for full movements to Enfield Rd and Concession 6, however, the design will help minimize property impacts in the area. 2.7 The Official Plan (Transportation Map 81) (Attachment 5) anti'cipate$ the future connection of Courtice and Enfield Roads. The Enfield Road will become the major access point for the residents of Courtice to the 407. As such, the timing of the connection of Enfield Road and Courtice Road should be advanced to minimize congestion and road safety issues through Mitchell's Corners and possible further deterioration of the residential environment. Municipal and Regional Staff should have the opportunity to review updated traffic modelling as part of the functional design study (next phase). This is a Clarington/Region of Durham issue and is not part of the 407 East EA. 2.9 Holt Road between Taunton Road and the Sixth Concession Road is currently a seasonal road; however, its importance as an evacuation route from the OPG Darlington site and as an alternate emergency access for Solina is greatly enhanced by the elimination of Rundle Road. As such, its improvement to a year-round municipal road standard as part of the 407 project is required to meet emergency services standards. The 407 project team will not be seeking EA approval to carry out improvements to Holt Road between Taunton Road and Sixth Concession Road. Such improvements, if justified, will be Clarington's responsibility. 2.10 Emergency Services has expressed concern with being able to readily access certain portions of Highway 407. Investigation of emergency access via the vehicle inspection station located north of Highway 407 Mainline near Acres Road should be investigated as should having a northbound entry for emergency vehicles to the East Durham Link at Taunton Road. Page 3 of8 Hwy. 407 East EA Municipality of Clarington Comments on Technically Preferred Route Ministry af TianSparLCiticn Reponses - Y CUi File T05.HI January 6, 2009 The 407 project team is aware of these concerns and is working in co-operation with Clarington staff and emergency service providers to ensure reasonable access to the 407 is provided - comparable to other 400 series highways throughout the province. Reasonable access will be provided via planned interchanges and, where feasible, turnaround areas for emergency seNices and maintenance activities will a/so be provided. 2.13 Council's direction in November 2007 as part of Report PSD-135-07 was that grade separations should be constructed on all local roads that would otherwise be truncated by the two highways. Further, should MTO not agree with the Municipality's position, the Project Team analysis of the road network should consider both traffic volumes and road function - for example, the movement of agricultural machinery on lower volume roads. In addition, Council took the position that MTO should be responsible for all costs related to iocal road truncations/closures. . The 407 project team continues to liaise with Clarington staff and emergency seNice providers in an effort to determine the most appropriate road closure strategy. Consideration for the safe movement of agrj~ulture equipment is an integral part of this process. The current 407 East design does recommend several road closures and all costs for such closures shall be the responsibility of the ministry. 2.16 Staff agree with the recommended closure of Rundle Road provided that the development of Holt Road to a year-round municipal road standard between Taunton Road and Sixth Concession and the realignment of Rund!e Road to Taunton Road from the south are included in the 407 project works. The 407 project team will not be seeking EA approval to carry out improvements to Holt Road between Taunton Road and Sixth Concession Road. Such improvements, if justified, will be C/arington's responsibility. 2.18 Clarington does not support the recommended closure of Middle Road. Rather investigations to determine the impacts of an over/underpass should be carried out. Middle Road, one of the few continuous north/south roads in Clarington, is an alternate emergency vehicle route and will provide for the movement of agricultural equipment on low volume rural roads. The 407 project team continues to consult with Clarington staff, emergency seNice providers and the local farming community regarding the need to keep Middle Road open. A final recommendation is expected by early 2009. 2.22 The Orono Hunt and Fish Club and aggregate extraction area on a seasonal road west of Leskard Road (Concession Road 7 north to mid-concession between Lots 32 and 33, Clarke Township) currently have access. As such an alternate access through an access agreement or other arrangement should be provided as part of the Highway 407 project. Page 4 of 8 Hwy. 407 East EA Municipality of Clarington Comments on Technically Preferred Route Ministry ofTransportation Reponses - Your File T05.HI January 6, 2009 The 407 project team is recommending an alternate access road be provided further to the east in order to ensure continued access to both the Orono Fish Or Hunt Club as weJ/ as the LaFarge Pit. 2.23 The functional design component of the EA Study should ensure connectivity within the local road network in the future by not precluding a future east-west grade separation on the East Link to accommodate.a possible future extension of Pebblestone Road east of Courtice Road. The current design for the East Durham Link does not preclude a future east-west grade separation to accommodate a possible future extension of Pebblestone Road east of Courtlce Road. 2.24 The proposed over and underpasses will be further reviewed at the functional design stage of the EA Study; however, the engineering standards that are being used have not specifically been crafted to address the size of farm equipment as a design criteria. MTO should address the liability they are asking farmers and the Municipality to incur when they have been alerted to the problems of visibility issues (on overpasses) and the requirement that farm equipment will either overhang the pedestrian space or the oncoming traffic lane on both over/underpasses. Further discussion on these issues with the Project Team will continue. The 407 project team is weJ/ aware of the need to provide sufficient roadway width at overpasses and underpasses for the safe passage of farm equipment. Such provisions have been included in the current design. 2.26 The fair market value property appraisals for agricultural lands typically do not include compensation for the farmers' business loss; this aspect should be addressed. In addition, for all agricultural owned and rented properties, farmers are now planning up to 3 years in advance. The timing of implementation will play into potential business losses that need to be addressed as part of the overall compensation package. The 407 project team is aware of the need to consider several issues unique to farm properties during the appraisal process. Our Property Section has been alerted to these requirements also. 2.28 In addition, 20 ha of the Energy Park will be removed from the developable area by the Courtice Road interchange and reinstatement of the South Service Road. The Municipality requests that MTO work with Municipal staff in optimizing the location of the South Service Road and its stormwater management ponds to have as little impact on the developable land within the Energy Park as possible. The 407 project team continues to work with Clarlngton and Ontario Power Generation (OPG) staff in an effort to ensure that the property requirements for Page 5 of 8 Hwy.407 East EA Municipality af Claringtan Comments on Technically Preferred Route Ministry of Transportation Reponses - Your File T05.HI January 6, 2009 the Highway 401 & East Durham Link interchange are kept to a minimum. The final design for fhe interchange is expected by early 2009. 2.30 The Ministry of Transportation in consultation with the Ministry of Municipal Affairs and Housing, the Region, the area municipalities .and Conservati.on Authorities should develop a strategy to address remnant parcels .cre~ted by the construction of the 407 and the East Link. A key issue will be whether building permits would be available for remnant parcels with road frontage. Factors that would need to be considered include provincial, regional and area municipal policies that discourage the division of the rural land base, the imp~ct of new residential uses in the rural area on the viability of agricultural operations, plus the economic interests of the owners of the remnant parcels. The 407 project team continues to evaluate land use impacts and in pari/cular remnant parcels as part of the Impact Assessment for the 407 East EA. The ministry supports C/arington's objective to ensure no additional residential parcels are created. Ultimately, Regional and Municipal planning and policy decisions will dictate how remnant parcels can be developed. A Working Group approach may be considered outside the scope of the EA. The ministry will continue to consult with other government agencies regarding remnant parcels. 3.2 The magnitude of constructing the 407 Mainline and the two highway links in a single stage and in a compressed time frame will require a well-coordinated phasing/staging approach to minimize construction impacts on both the Regional and local road network in Clarington. MTO should develop a construction staging committee with local and regional representatives and technical advisors to ensure that construction impacts are mitigated. This should be included as an implementation recommendation in the EA study. The ministry recognizes the need to develop an implementation strategy, which includes details such as timing, staging and construction scope. The EA documentation will highlight possible scenarios for implementation and staging. 3.4 MTO had indicated that the scope of the 407 East EA does not include a plan to address development ofa plan for emergency closure and detour routes. Such a plan could include the provision of appropriate detour signage, the identification of emergency detour routes, and the appropriate upgrading of the roads on the identified detour routes by MTO. This should be included as an implementation recommendation in the EA Study. The ministry wishes to confirm that a plan for emergency closures and detour routes will not be part of the EA documentation. However, we will consider including it as an implementation recommendation in the EA. The ministry's Traffic Office is currently undertaking a separate study to review emergency detour routes. Page 6 of8 Hwy. 407 East EA Municipality of Clarington Comments on Technically Preferred Route Ministrj of Transportation Reponses - Your FHe TOS.HI January 6, 2009 3.5 The Municipality is concerned with potential cost impacts related to the need for Emergency Services to respond to accidents on the 407 Mainline and East Link. The Municipality could incur additional costs for equipment, fire stations and staff time and training. A recommendation to address these concerns should be part of the EA study. In addition, MTD should initiate discussions with the Region and area municipalities regarding compensation for additional costs. . The provision of emergency selVices is the responsibility of the regional and focal municipalities and as such the ministry will not be providing any funding. 5.1 The construction and operation of the '407 Mainline and the East Link will have a significant effect on many aspects of life in the Clarington community, including the integrity of its natural heritage system, its social and community fabric, and the viability of many businesses, including agriculture. Many of the specific impacts and mitigation measures will be determined through the Functional Design Study. MTD is urged to identify and implement initiatives to not only mitigate the impact of the two highways on the community, but also to investigate potential enhancement opportunities related to the highways, such as the use of remnant parcels. The ministry continues to work with regional and municipal staff as well as various stakeholder groups in an effort to mitigate impacts from the highway. Enhancement opportunities for some remnant parcels, where feasible, will be considered. The ministry has recently completed the Community Value Plan (CVP) Process, which identified opporlunities . for enhancements. Recommendations wiii be presented at the upcoming Public Information Centre (PIC #5). SPECIFIC ISSUES REFERENCING NUMBERING OF SPREADSHEET APPENDED TO REPORT PSD-11 0-08 #18 Clarington's request to have an implementation plan for addressing emergency closures included in the EA as well as permanent detour signage. The ministry will consider including the need to address emergency closures as an implementation plan in the EA, however, permanent detour signage will not be included. The ministry's Traffic Office is undertaking a separate study to review emergency detour planning in Durham Region. #19 Clarington's request for provincial funding to address additional costs for emeigency services once the 407 is built. The provision of emergency services is the responsibility of the regional and local municipalities and as such the Ministry will not be providing any funding. Page 7 ofS Hwy. 407 East EA Municipality of Clarington Comments on Technically Preferred Route Ministry of Transportation Reponses - Your File T05. H I January 6, 2009 #25 Clarington's request that the Ministry develops a strategy to deal with remnant parcels. The ministry is supportive of C/arington's objective to ensure no additional residential remnant parcels are created. The ministry will continue to" work with MMAH, the Region and C!arington in an effort to ensure . the policies of the Greenbelt and local Official Plans are addressed. I trust the foregoing comments are helpful and clarify the Ministry's position. Should you have any questions or concerns, please do not hesitate to contact me. We look forWard to your continued cooperation on this important initiative. Sincerely, CfJ-{ Dan Remollino, P. Eng. Project Manager 407 East Environmental Assessment c.c. J. Dowell (MRC) B. Gotts (MRC) D. Remollino (MTO) D. Proudfoot (MTO) J. Schelew (MTO) D. Allingham (AECOM) B. Jamieson (AECOM) Page 8 of8 . Dl8TR~--' I REVIEWED BY I - 5 DURHAM REGIONAL POLIC'~Q COUtCILTO: tf"COUM:Il QFU Courtice Skate Park Report DIRECTION IIFOAMATION Of COUNCIL Q COIIUITV Q COIlPCllIATE Q EIBS8lCf SElMCES SEMIICES IERVID g ~ Q.IUICIW. Q lIUATIOIS SEIMCES CLfRlC'S g PlMNIlG Q SOLICITOR Q TREAsURY SERVICES Date: 12/412008 Summary of Findings: · Calls for service in the area of the Courtice Skate Park have bee lj\,~1 ~1111,;t: JClIIUClI Y 2006. There has been a large increased since the park opened ir~~ · During August 2008, calls for service were occurring during the weeK. \:)1rI1.ie \:)eplemDer, most calls for service have been occurring on weekends. · Most calls for service occur after 2100hrs. · Most calls for service to this area have been generated through the non-emergency phone line. On view generated calls for service was the second most How Received type. · Most of the calls for service in the Courtice Skate Park area were from the Disorder call category . · The most calls for service in the Disorder call category were for Youth Loitering, followed by Fights and Noise Complaints. · The Pickering, Ajax, and Oshawa skate parks have ample space surrounding each that act as a buffer. The Courtice skate park has housing within 100m of the skate park. · These houses have counted for a high percentage of the calls for service. Recommendation/Conclusion: Calls for service have increased in the area of the Courtice Skate Park. The highest numbers of calls for service occurred in August 2008 and occurred primarily during the week. Since September, calls for service to the skate park have been occurring on weekends. It is likely that the number of call for service will decrease as the colder weather approaches. The obvious problem is that the skate park was built to close to the housing. A high percentage of the calls for service are generated from the adjacent housing. It is recommended that patrols be in the area of the Courtice Skate Park at the times specified in this report (weekends, after 2100hrs) to help curb the rise in calls for service. It is also recommended that by-law infractions be issued by the municipal by- law officers and police, since the fines are much higher than a Provincial Offence Notice. Higher fines would act as a deterrent. The municipality should consider having by-law officers conduct checks outside of normal business hours. A joint initiative might be a viable solution. DURHAM REGIONAL POLICE SERVICE 16 Division - Clarington - December 4,2008 - 1 - ~~fJLiJ1gron REPORT #1 REPORT TO COUNCIL MEETING OF JANUARY 26, 2009 SUBJECT: SPECIAL GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF FRIDAY, JANUARY 16, 2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) FND-002-09 2010 to 2013 Operating and Capital Forecasts 2. 2009 CURRENT AND CAPTIAL BUDGET THAT Report FND-001-09 be received; THAT Council approve the base 2009 Operating and Capital Budgets as outlined in Schedule "A" to Report FND-001-09, at an estimated tax levy impact of 1.30% (exclusive of tax policy impacts), as directed in FND-001-09;. THAT Council approve the following amendments to the 2009 Operating and Capital Budgets: . delete Capital Project 5000-8225-09001 - $30,000; · increase Cemetery Revenue account by $5,000; . delete Capital Project 4000-8180-08100 - $20,000; and . increase Sports Field Rentals Revenue account by $5,000; THAT Council approve the items listed as added funding levels related to growth or new services excluding staffing levels as itemized in Schedule "B" attached to Report FND-001-09, with the following amendments: . $10,000 for the Employee Wellness be denied; and . $1,000 for Applefest Transit be approved; THAT Council approve the grants for External Agencies per their requests itemized in Schedule "C" attached to Report FND-001-09, with the following amendments: . $20,000 for Newcastle Library operating budget be approved; . $15,000 increase to the Visual Arts Centre account approved;and . $15,000 Municipal Grant Program Realignment be denied; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #1 2 January 26, 2009 That Council defer staffing changes to the 2010 budget year as shown on Schedule "D" to Report FND-001-09, as option 1, be approved with the following amendments: · one staff member from Engineering Services be realigned and reclassified; and · two (2) new full-time firefighters be approved to commence no earlier than November, 2009; THAT Schedules "E", "F", and "G" outlining Reserve and Reserve Fund Contributions, attached to Report FND-001-09, and new Reserve Funds be approved; THAT approximately $1,000,000 be drawn from the Rate Stabilization Reserve Fund to offset the tax rate impact; THAT the financing of capital projects, as outlined in the document attached to Report FND-001-09, be approved; THAT the external agencies, referred to in Schedule "C" attached to Report FND-001-09, be advised of Council's decision regarding their grant request; THAT for 2009, the net proceeds from the Mayor's Golf Tournament be directed to the Ganaraska Region Conservation Authority - New Forest Centre; THAT the capital request from the Clarington Museums and Archives for $23,000 from the Bowmanville Museum Reserve Fund be approved; THAT the overall tax levy for 2009 be 2.22%; and THAT the appropriate By-laws to levy the 2009 tax requirements for Municipal, Regional and Education purposes be forwarded to Council for approval, once final tax policy information is available. 3. PRESENTATION - NANCY TAYLOR, DIRECTOR OF FINANCE - REGARDING 2009 BUDGET THAT the presentation of Nancy Taylor, Director of Finance be received with thanks. 4. DELEGATIONS - 2009 BUDGET THAT the delegations of Angie Darlison - Clarington Older Adults, Sally Barrie- Community Care Durham, Adriene Short, Richard Toms and Jean-Michel Komarnick - Visual Arts Centre, Gail Richard - Clarington Public Library Board, Martha Rutherford-Conrad and Brian Colville - Clarington Museums and Archives as well as the staff delegations of Marie Marano, Patti Barrie, Gord Weir, Tony Cannella, Fred Horvath, Joe Caruana and David Crome be received with thanks. ~!fJ(iJlgron REPORT #2 REPORT TO COUNCIL MEETING OF JANUARY 26, 2009 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JANUARY 19, 2009 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) EGD-004-09 Monthly Report on Building Permit Activity For December ,2008 (b) OPD-001-09 Protective Head Gear (c) ESD-002-09 Monthly Response Report - December 2008 2. APPLICATION TO AMEND THE ZONING BY-LAW TO PERMIT THE REPLACEMENT OF 8 APPROVED DETACHED DWELLINGS WITH 11 TOWNHOUSE DWELLINGS IN PHASE 7 OF THE WILMOT CREEK COMMUNITY . APPLICANT: RIDGE PINE PARK iNC. ON BEHALF OF CANADIAN APARTMENT PROPERTIES REIT THAT Report PSD-010-09 be received; THAT the rezoning application submitted by Ridge Pine Park Inc. on behalf of Canadian Apartment Properties REIT be approved and that the Zoning By-law Amendment as contained in Attachment 1 to Report PSD-01 0-09 be adopted by Council; THAT a By-law attached to Report PSD-010-09, to remove the Holding (H) symbol be forwarded to Council at such time that the applicant has satisfied the provisions of Section 23.4.3 of the Official Plan including executing a Site Plan Agreement; and THAT all interested parties listed in Report PSD-010-09, any delegations, and the Regional Municipality of Durham Planning Department be advised of Council's decision. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379 Report #2 2 January 26, 2009 3. 2008 ANNUAL REPORT ON APPLICATIONS FOR PLANS OF SUBDIVISION THAT Report PSD-011-09 be received; and THAT the Region of Durham Planning Department be forwarded a copy of Report PSD-011-09 and Council's decision. 4. PORT OF NEWCASTLE SUBDIVISION, NEWCASTLE PHASE 1 STAGE 1 B, PLAN 40M-1984 (PART OF) AND PORT OF NEWCASTLE DRIVE, PLAN 40R- 18328 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', FINAL WORKS .INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-005-09 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Final Works, which include final stage roads and other related Works, constructed within Plans 40M-1984 (Part of) and 40R-18328; and THAT Council approve the by-laws attached to Report EGD-005-09, assuming certain streets within Plans 40M-1984 (Part of) and 40R-18328 as public highways. 5. NEWCASTLE MEADOWS SUBDIVISION PHASE 4, BOWMANVILLE PLAN 40M-2152 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY-LAWS', ROADS AND ABOVE GROUND SERVICES INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD-006-09 be received; THAT the Director of Engineering Services be authorized to issue a 'Certificate of Acceptance' for the Roads and Above Ground Services, which include roads and other related Works constructed within Plans 40M-2152 and 40R-16993; and THAT Council approve the by-laws attached to Report EGD-006-09, assuming certain streets within Plans 40M-2152 and 40R-16993 as public highways. 6. TRUE SPORT THAT Report CSD-002-09 be received; THAT Council endorse the True Sport Principles (Attachment #1 to Report CSD-002-09) for Communities; and THAT Council declare Clarington a True Sport Community. Report #2 3 January 26, 2009 7. KENDAL COMMUNITY CENTRE LEASE JANUARY 1, 2009 TO DECEMBER 31, 2010 THAT Report COD-006-09 be received; THAT the lease agreement with the Kendal Community Centre (Schedule A to Report COD-006-09) for the term of January 1, 2009 to December 31, 2010 be approved; THAT during 2009, the Municipality will be responsible for 50% (25% Emergency & Fire Services, 25% General Municipal Funds Account) of the utility costs and in 2010 the Municipality will be responsible for 25% (Emergency & Fire Services) of the utility costs with the Kendal Community Association being responsible for 50% and 75% respectively; and THAT the By-law marked Schedule "B" attached to Report COD-006-09, authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 8. RFP2008-15 - PEER REVIEW FOR DARLINGTON NEW NUCLEAR BUILD THAT Report COD-007-09 be received; THAT the proposal received from Morrison-Hershfield, Toronto, Ontario being the most responsive bidder meeting all terms, conditions and specifications of Request for Proposal RFP2008-15 be awarded the contract for the provision of the Peer Review for the Darlington New Nuclear Build with a .bid including disbursements of $242,200.00 (excluding GST); THAT the funds required be drawn from Account #100-00-000-02195-2015 and recovered through invoicing (OPG) Ontario Power. Generation periodically throughout the project; and THAT the By-law marked Schedule "A", attached to Report COD-007-09, be approved authorizing the Mayor and the Clerk to execute the contract agreement which is satisfactory to the Municipal's Solicitor. 9. PRESENTATION - GARY JEFFERY - AGRICULTURAL ADVISORY COMMITTEE - REGARDING 2008 ACCOMPLISHMENTS THAT the presentation of Mr. Gary Jeffery regarding the 2008 accomplishments of the Agricultural Advisory Committee be received with thanks. 10. PRESENTATION - SHEILA HALL - CLARINGTON BOARD OF TRADE- REGARDING ECONOMIC DEVELOPMENT UPDATE THAT the presentation of Ms. Shelia Hall regarding the Economic Development update be received with thanks. Report #2 4 January 26, 2009 11. DELEGATION - KRISTEN SCHMIDT-CHAMBERLlAN AND MARIAN TIMMERMANS - DURHAM HOSPICE - REGARDING NO ONE SHOULD DIE ALONE CAMPAIGN THAT the delegation of Kristen Schmidt-Chamberlain and Marian Timmermans be received with thanks. 12. LIVESTOCK EVALUATION CLAIMS THAT the Clerk's Department be directed to provide the Committee with a report regarding the Livestock Evaluation claims to date. 13. SAFETY CONCERN REGARDING THE INTERSECTION AT BEAVER ST. AND KING AVE. EAST, NEWCASTLE THAT the Director of Engineering, in collaboration with the Region of Durham, implement a solution, as soon as possible, to the safety concern of the intersection of Beaver St. and King Ave. East, Newcastle. 14. APPOINTMENT TO THE NEWCASTLE VILLAGE COMMUNITY HALL BOARD THAT Peter de Jong, Sierd De Jong and Dave Patterson be appointed to fill the three vacant positions on the Newcastle Village Community Hall Board, for a two- year term. 15. CONFIDENTIAL REPORT - CONSIDERATION OF TAXICAB AND LIMOUSINE OWNER/BROKER LICENCE THAT the actions taken in the "closed" session be ratified. 16. CONFIDENTIAL REPORT - PERSONAL COMPENSATION MATTER REGARDING AN IDENTIFIABLE INDIVIDUAL THAT the actions taken in the "closed" session be ratified. SUMMARY OF BY-LAWS . JANUARY 26, 2009 BY-LAWS 2009-010 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Ridge Pine Park Inc. on behalf of Canadian Apartment Properties Reit) (Item 2 of Report #2) 2009-011 Being a by-law to establish certain lands as public highway, assume them for public use and name them (Item 4 of Report #2) 2009-012 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 4 of Rep.ort #2) 2009-013 Being a By-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington (Item 5 of Report #2) 2009-014 Being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington (Item 5 of Report #2) 2009-015 Being a By-law to establish certain lands as public highway, assume them for public use and name them (Item 5 of Report #2) . 2009!016 Being a By-law to authorize a contract between the Corporation of the Municipality of Clarington and Kendal Community Association for the lease of Kendal Community Centre, 6742 Regional Road 18, Kendal, ON (Item 7 of Report #2) 2009-017 Being a By-law to authorize an agreement between the Corporation of the Municipality of Clarington and Morrison Hershfield, Toronto, Ontario, to enter into agreement for the Peer Review for Darlington New Nuclear Build (Item 8 of Report #2) HANDOUTS PRESENTATIONS Clarington Leading the Way MEMO CLERK'S DEPARTMENT To: Mayor Abernethy and Members of Council From: Patti L. Barrie, Municipal Clerk Date: January 23, 2009 Subject: COUNCIL AGENDA -JANUARY 26, 2009 Please be advised of the following additions to Monday's meeting: DELEGATIONS There are no Delegations scheduled for this meeting. CORRESPONDENCE D - 8 Don Prout and George Van Dyk responding to correspondence from the Municipal Clerk dated January 20, 2009, clarifying that the applicants are not requesting a second audit to be conducted on the financial statement of former Mayor John Mutton, but that the audit approved by Council on June 25, 2007 be performed as required by the Municipal Elections Act, as to date, no valid audit has occurred. (Motion to refer correspondence to the Municipal Clerk) D - 9 Michael Patrick, President, Clarington Board of Trade, advising of forecasted challenges facing the Municipality of Clarington, the Region of Durham and the Province of Ontario regarding the availability of skilled trades and professionals; indicating the time is now for Clarington to begin working on solutions to this challenge and to explore opportunities to bring post secondary education to the community which will assist in attracting stable and skilled jobs to the community; and, requesting Council to consider forming a committee of Council to explore opportunities for Clarington to secure a future satellite site for Durham College and/or UOIT. (Motion for Direction) CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 CLERK'S DEPARTMENT MEMO CLERK'S DEPARTMENT MEMO Patti L. Barrie, CMO Municipal Clerk PLB:cf PAGE 2 PAGE 2 cc: Frank Wu, Chief Administrative Officer Department Heads