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HomeMy WebLinkAbout05/10/2004Leading the Way DATE: MONDAY, MAY 10, 2004 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on April 26, 2004 PUBLIC MEETING In accordance with section 34(2) of the Municipal Act, 2001, a public meeting is being held to hear concerns and comments with respect to the Municipality's ( By -law to alter a portion of Boundary Road in the Village of Burketon by restricting access to the Road Allowance at the westerly terminus of the open portion of Boundary Road in the Municipality of Clarington DELEGATIONS a) lain Alexander, Darlington Soccer Club, Unit #3 - 71 Mearns Court, Bowmanville, L1 C 4N4 - Report COD - 023 -04 b) Greg Sznajdruk, 9580 Murphy Road, Bowmanville, L1 C 3K6 - Report CLD -15 -04 (Item #9 of Report #1) c) Libby Racansky, 3200 Hancock Road, Courtice, L1 E 2M1 - Headgate Development ZBA 2004 -003 d) Rick James, 55 Centre Street, Bowmanville, L1 C 2Y2 - Heritage District Proposal e) Representatives of the Clarington Museums and Archives Board - Confidential Property Matter CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - May 10, 2004 COMMUNICATIONS Receive for Information I - 1 D. Hartford, Bowmanville - Improvements in Bowmanville Creek Valley Lands 1 - 2 Brian C. Lemon, Chief Executive Officer, Lakeridge Health - Suspension of its Family Healthcare Centre 1 - 3 Minutes of the Clarington Traffic Management Advisory Committee 1 - 4 Minutes of the Central Lake Ontario Conservation Authority 1 - 5 Minutes of the Clarington Hwy. 407 Community Advisory Committee 1 - 6 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington - Thanking Council for their Grant 1 - 7 Dion Drewlo, Meet Coordinator, Clarington Speed Skating Club -Thanking Council for their Contribution 1 - 8 Federation of Canadian Municipalities - Quality of Life Highlights 1 - 9 Patti Munce, Ministry of Municipal Affairs and Housing - New Legislation to Reduce Rent Hikes I - 10 Kim Coates, Clerk, Township of Scugog - Kawartha Conservation 2004 Budget I - 11 Roger Anderson, Regional Chair, Regional Municipality of Durham - Request to Amend the Community Improvement Provisions of the Planning Act and the Municipal Act I - 12 Gary Polonsky, President, University of Ontario Institute of Technology - Enhanced Nuclear Capacity in Durham Region I - 13 Ron Hooper, President, Clarington Board of Trade - Increased Electricity Base Load I - 14 Dr. Sheela V. Basrur, Chief Medical Officer of Health and Assistant Deputy Minister - Outbreak of Severe Acute Respiratory Syndrome (SARS) Report I - 15 J.S. Burke, Deputy Minister, Ministry of Municipal Affairs and Housing - Power Outage of August 14, 2003 Council Agenda - 3 - May 10, 2004 1- 16 David Caplan, Minister of Public Infrastructure Renewal - Extension of Affordable Housing Program Deadline 1- 17 Association of Municipalities of Ontario - Family Medical Leave Bill 56 1- 18 Allan Hewitt, Chair, Clarington Public Library Board Trustees - Motion Regarding Report ADM -04 -04 1 - 19 Jim Flaherty, MPP, Whitby -Abandonment of the Durham Courthouse I - 20 Sandra Kranc, City Clerk, Corporation of the City of Oshawa - Directly Elected Chair for the Regional Municipality of Durham I - 21 Debbie Leroux, Deputy Clerk, Corporation of the Township of Uxbridge - Provincial Highway Improvements in Durham Region I - 22 Ministry of Natural Resources - Protocol with Police on Response to Human -Bear Conflicts I - 23 Richard M. Daley, Mayor, City of Chicago - International Association of Great Lakes and St. Lawrence Mayors' Conference 1-24 Federation of Canadian Municipalities- New Deal on Rights -of -Ways I - 25 Janet Harris, Executive Director, Durham Access to Care - Region -Wide Transit 1-26 Greater Oshawa Chamber of Commerce Media Release -Support for the Eastward Extension of Highway 407 1-27 Karen Campbell, President & CEO, Greater Toronto Marketing Alliance — 2004 GTA International Awards of Distinction Receive for Direction D - 1 Kim Goyne - Designation of a Heritage Conservation District D - 2 L. H. Woods, Manager, Marshall Macklin Monaghan - Exemption to the Noise By -law D - 3 Myles Brandt, President & General Manager, Mosport International Raceway - Restrict Access on Mosport Road D - 4 Ross MacEachern, Manager, Environmental Health, The Regional Municipality of Durham - Larviciding Program within the Municipality of Clarington Council Agenda - 4 - May 10, 2004 D - 5 Mary A. Labaj, Immediate Past President, Multicultural Council of Oshawa/Durham - Elder Abuse Awareness Month D - 6 Carol Smitton, Committee Secretary - Durham Region Litter Survey D - 7 Debbie Godfrey, Public Health Nurse - Health Before Pregnancy Month D - 8 J. D. Leach, City Clerk, City of Vaughan - Property Taxation of the 407 and Future Express Toll Roads (ETR) D - 9 J. D. Leach, City Clerk, City of Vaughan - Municipal Property Assessment Corporation Current Value Assessment Process MOTION NOTICE OF MOTION 1. General Purpose and Administration Committee Report of May 3, 2004 2. Report EGD -30 -04 - Proposed Installation of a Barrier Structure at the Westerly Terminus of Boundary Road in Burketon 3. Report CLD -16 -04 - Application For Compliance Audit - Mayor John Mutton's 2003 Election Campaign 4. Report COD - 023 -04 - CL2004 -19 Indoor Soccer Facility & Outdoor Lacrosse Bowl (to be distributed under separate cover) UNFINISHED BUSINESS BY -LAWS OTHER BUSINESS BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT REPORT #1 REPORT TO COUNCIL MEETING OF MAY 10, 2004 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, MAY 3, 2004 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) Report EGD -27 -04 - Monthly Report on Building Permit Activity for March, 2004 (b) Report CSD -06 -04 - 2004 March Break Extravaganza 2. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 15, 2004 THAT Report PSD- 049 -04 be received; THAT Council concurs with the decision of the Committee of Adjustment made on April 15, 2004 for applications A2004/011 and A2004/012 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 3. APPLICATION FOR REMOVAL OF HOLDING SYMBOL AND APPLICATION FOR REMOVAL OF PART LOT CONTROL — 289143 ONTARIO LIMITED THAT Report PSD- 050 -04 be received; THAT the application submitted by 289143 Ontario Limited to remove the Holding (H) symbol be approved and that the by -law attached to Report PSD- 050 -04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Report #1 - 2 - May 10, 2004 THAT the request for removal of Part Lot Control with respect to Lots 58 -63 inclusive and Lots 73 -81 inclusive, on Plan 40M -2178 be approved and that the Part Lot Control By -law attached to Report PSD- 050 -04 be passed pursuant to Section 50 (7.1) of the Planning Act; and THAT all interested parties listed in Report PSD- 050 -04 and any delegations be advised of Council's decision. 4. APPLICATION FOR REMOVAL OF HOLDING SYMBOL — AKERS AUTO GLASS THAT Report PSD- 051 -04 be received; THAT the application submitted be Akers Auto Glass to remove the Holding (H) symbol be approved and the by -law attached to Report PSD- 051 -04 be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD- 051 -04 and any delegations be advised of Council's decision. 5. APPLICATION FOR REMOVAL OF HOLDING SYMBOL — 1319164 ONTARIO LIMITED THAT Report PSD- 052 -04 be received; THAT the application submitted by 1319164 Ontario Limited to remove the Holding (H) symbol be approved and that the By -law attached to Report PSD - 052-04 to remove the Holding (H) symbol be passed and a copy forwarded to the Regional Municipality of Durham; and THAT all interested parties listed in Report PSD- 052 -04 and any delegations be advised of Council's decision. 6. REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE AND IMPLEMENT DRIVE- THROUGH REGULATIOINS FOR ASPEN SPRINGS COMMERCIAL DEVELOPMENT — MARTIN ROAD HOLDINGS LIMTED AND THE MUNICIPALITY OF CLARINGTON THAT Report PSD- 037 -04 be received; THAT the rezoning applications submitted by Martin Road Holdings Limited to permit a convenience store and the proposal by the Municipality of Clarington to implement drive - through facility regulations be approved and that the By -law contained in Attachment 2 to Report PSD- 037 -04 be passed once the outstanding taxes for the subject property have been paid; Report #1 - 3 - May 10, 2004 THAT a copy of Report PSD- 037 -04 and Council's decision be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD- 037 -04 and any delegations be advised of Council's decision. 7. SAWMILL COURT SUBDIVISION, BOWMANVILLE, PLAN 40M -1970, 'CERTIFICATE OF ACCEPTANCE' AND 'ASSUMPTION BY- LAWS', FINAL WORKS INCLUDING ROADS AND OTHER RELATED WORKS THAT Report EGD -28 -04 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 Plan 40M -1970; and THAT Council approve the by -laws attached to Report EGD- 28 -04, assuming certain streets within Plan 40M =1970 as public highways. 8. HIGH STREET SUBDIVISION, BOWMANILLE, PLAN 40M -1886, 'CERTIFICATES OF ACCEPTANCE' AND 'ASSUMPTION BY- LAWS', SOTRM SEWER SYSTEM AND ROADS AND ABOVE GROUND SERVICES, INDLDING ROADS AND OTHER RELATED WORKS THAT Report EGD -29 -04 be received; THAT the Director of Engineering Services be authorized to issue 'Certificates of Acceptance' for the Storm Sewer System and Roads and Above Ground Services, which include roads and other related works, constructed within Plan 40M -1886; and THAT Council approve the by -laws attached to Report EGD- 29 -04, assuming certain streets within Plan 40M -1886, and certain blocks within Plans 10R -2075, and 40R- 17071, as public highway. 9. MOSPORT PARK THAT Report CLD -15 -04 be received for information; and THAT a copy of Report CLD -15 -04 be forwarded to Clay Taylor, Greg Sznajdruk and Mosport Park for their information. Report #1 - 4 - May 10, 2004 10. TENDER CL2004 -1, MECHANICAL EQUIPMENT MAINTENANCE CONTRACT THAT Report COD - 022 -04 be received; THAT Tri -Air Systems, Scarborough, Ontario with a total bid of $11,280.00 (plus GST), and a Journeyman hourly rate of $74.50 be awarded the Mechanical Equipment Maintenance Contract, Part A, as required by the Municipality of Clarington; THAT Air Con Systems, Whitby, Ontario, with a total bid of $2,860.00 (plus GST), and Journeyman hourly rate of $75.00 be awarded the Mechanical Equipment Maintenance Contract, Part B, as required by the Municipality of. Clarington; THAT the contract be extended for a second three year term pending satisfactory pricing and service; and THAT the funds expended be drawn from the respective years Mechanical Equipment Maintenance accounts. 11. PRESENTATION OF PETER WATSON, MANAGER, WASTE MANAGEMENT DURHAM REGION THAT the delegation of Peter Watson, Manager, Waste Management, Region of Durham be received with thanks. 12. FINANCIAL SUPPORT — JUNO BEACH SCHOOL TRIP THAT the correspondence dated May 2, 2004 from Mr. Mike Strahl regarding financial support for T- shirts for the school trip to Juno Beach be received for information. 13. "CLOSED MEETING" RATIFIED THAT the actions taken during the "closed" session be ratified. SUMMARY OF CORRESPONDENCE MAY 10, 2004 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION I - 1 D. Hartford, Bowmanville, thanking Council for the improvements in the Bowmanville Creek Valley Lands. The cleanup on the weekend of April 24 — 25, 2004 is appreciated. Thank you for a cleaner bank and stair well at the bottom of Rotary Park. To all citizens and school children who participated, the work certainly shows and is appreciated. 1 - 2 Brian C. Lemon, Chief Executive Officer, Lakeridge Health, informing Council that in the testing and follow -up of Tuberculosis contacts, Lakeridge Health will suspend its Family Healthcare Centre effective May 3, 2004 until further notice. Diagnostic Imaging services at Lakeridge Health Whitby will continue to be available to local physicians. A news release was placed in the local media on Sunday, May 2 and Wednesday, May 5, 2004. Residents requiring medical care are to contact their physician's office, urgent -care clinic or visit their closest Emergency Department. 1 - 3 Minutes of the Clarington Traffic Management Advisory Committee meeting dated April 15, 2004. (Copy attached) 1 - 4 Minutes of the Central Lake Ontario Conservation Authority meeting dated April 20, 2004. (Copy attached) 1 - 5 Minutes of the Clarington Hwy. 407 Community Advisory Committee meeting dated April 6, 2004. (Copy attached) 1 - 6 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of Clarington, thanking Council for their generous contribution for the generous grant of $2,000.00. As a charitable organization, they rely heavily on the support of our community and appreciate both Clarington's donation and support. 1 - 7 Dion Drewlo, Meet Coordinator, Clarington Speed Skating Club, thanking Council for their generous contribution for the "Celeblade 2004: Celebrating Team Sport" which took place March 20 and 21, 2004 at the South Courtice Arena. They welcomed 226 skaters representing 18 speed skating clubs. 1 - 8 Federation of Canadian Municipalities advising Council of the release of the third in its series of reports on quality of life highlights in 20 municipalities. The report finds that, despite general improvements in rates of post - secondary education, employment growth and home- ownership, quality of life deteriorated for a number of people during the 1990s. Improvements in income and poverty rates since 1996 have been offset by a growing income gap, housing affordability problems and changes to social programs. The report illustrates the urgency of a New Deal for Canada's communities. Summary of Correspondence - 2 - May 10, 2004 1 - 9 Patti Munce, Ministry of Municipal Affairs and Housing, advising Council that The Honourable John Gerretsen announced the government will introduce legislation to suspend the automatic two per cent base portion of annual rent increase for tenants in 2005. If passed, rent increases would be based solely on the Rent Control Index, a formula which takes into account increases in operating costs faced by landlords. The legislation will provide a "time out" while the government consults with tenants and landlords on replacing the previous government's misnamed "Tenant Protection Act." The current law has neither protected tenants from excessive rent increases, nor spurred the development of sufficient new rental accommodation. Decent and affordable rental housing is fundamental to the strength and well -being of our communities. I - 10 Kim Coates, Clerk, Township of Scugog, advising the Minister of Natural Resources, the Minister of the Environment and the Minister of Municipal Affairs and Housing that the Township of Scugog on April 12, 2004 passed a resolution supporting the Kawartha Conservation 2004 Budget. I - 11 Roger Anderson, Regional Chair, Regional Municipality of Durham, advising the Minister of Municipal Affairs and Housing that Regional Council passed the a resolution on April 14, 2004 requesting that the Planning Act and the Municipal Act be amended to allow direct participation of the upper -tier municipalities in local municipal community improvement programs, including the provision of incentives. 1 - 12 Gary Polonsky, President, University of Ontario Institute of Technology, writing to John O'Toole, MPP, Durham, requesting support on the matter of enhanced nuclear capacity in Durham Region and specifically, in Clarington. He states that Ontarians do not have sufficient hydro power to meet their daily needs. Thus, we must do the best we can with what we've got. While everyone is fully supportive of better conservation and green power (e.g. wind, solar, hydrogen), the recent Manley report makes clear that they will simply be inadequate to fuel Ontario's current and future needs. So, we seem to have no choice but to expand our nuclear capacity. -13 Ron Hooper, President, Clarington Board of Trade, advising Council of the need for increased electricity base load supply. The Clarington Board of Trade supports the contention that if the best way to sustain our quality of life and keep our business competitive is with nuclear power, then the best place to build the generation is here in Clarington. The expertise and infrastructure necessary to build and operate a safe and productive nuclear power plant already exists in our community. At the same time, The Clarington Board of Trade urges the municipality to prove itself a leader in energy conservation to lessen the need for additional generating facilities. Summary of Correspondence - 3 - May 10, 2004 1 - 14 Dr. Sheela V. Basrur, Chief Medical Officer of Health and Assistant Deputy Minister, advising Council that Health and Long -Term Care Minister George Smitherman has released the interim report from Mr. Justice Archie Campbell on the investigation in the outbreak of Severe Acute Respiratory Syndrome (SARS). The report was submitted to the Minster on April 15, 2004, and is available on the web site www.health.gov.on.ca. The Campbell Commission was established to investigate how the SARS virus came to the province, how it was spread and later contained. The report outlines what happened, what lessons have been learned and what improvements should be made to Ontario's healthcare system. 1 - 15 J.S. Burke, Deputy Minister, Ministry of Municipal Affairs and Housing advising Council of the province's current plan regarding municipal costs incurred in response to the power outage of August 14, 2003. The decision to compensate municipalities and other public authorities was made and communicated by the previous government in August 2003. In light of the considerable existing debt, the government has decided not to proceed with the compensation program. I 16 David Caplan, Minister of Public Infrastructure Renewal advising the Association of Municipalities of Ontario that the submission deadlines for the Affordable Housing Program have been extended to August 31, 2004 and encouraging new submissions while the program is being developed. 1 - 17 Association of Municipalities of Ontario advising Council that The Honourable Chris Bently, the Minister of Labour, introduced Bill 56 "Employment Standards Amendment Act (Family Medical Leave)" on April 13, 2004. This Act will allow up to eight weeks of job protected family medical leave, during which time the employee must continue to pay their share of any benefit, pension or health plans. An employee must provide the employer with a supporting medical certificate confirming that a family member has a serious medical condition with significant risk of death within 26 weeks. I - 18 Allan Hewitt, Chair, Clarington Public Library Board Trustees, advising Council that on April 28, 2004, the Board passed the following motion regarding Report ADM- 04 -04: "THAT Correspondence Item D -1 be received, and THAT a letter be sent to Municipal Council stating that the Library Board is unable to endorse Report AD 04 -04 due to insufficient financial data from the Municipality of Clarington to support the recommendations as a budgetary measure." Summary of Correspondence - 4 - May 10, 2004 1 - 19 Jim Flaherty, MPP, Whitby, writing to Roger Anderson, Chair, Durham Region addressing the Government's abandonment of the Durham Courthouse. The RFQ and RFP process were completed in substantial time and expense and would have been a major cornerstone of infrastructure in Durham Region. He is requesting Regional Council's support on this matter. 1-20 Sandra Kranc, City Clerk, Corporation of the City of Oshawa, advising Pat Madill, Regional Clerk, Regional Municipality of Durham that the City of Oshawa passed the following resolution at their meeting held on April 26, 2004: "THAT the Region of Durham be advised of Oshawa Council's decision of April 5, 2004, to support the option of a directly elected Chair for the Regional Municipality of Durham." I - 21 Debbie Leroux, Deputy Clerk, Corporation of the Township of Uxbridge, advising Council that on April 19, 2004 the Township of Uxbridge passed the following resolution regarding the Provincial Highway Improvements in Durham Region: "THAT the Provincial Government be advised that we support the resolution of the Municipality of Clarington to resume and expedite the completion of Highway 407 east to Highway 35/115 ". 1-22 Ministry of Natural Resources advising Council that they and the Ontario Provincial Police have signed a protocol clarifying roles and responsibilities around responding to problems between humans and bears. The Ontario Association of Chiefs of Police supports the protocol and will encourage member forces to use it as a template to reach agreements with municipal forces. I - 23 Richard M. Daley, Mayor, City of Chicago, inviting Council to the International Association of Great Lakes and St. Lawrence Mayors' Conference to be held in Chicago on July 14 -16, 2004. This year's conference is "Great Lakes — Great Ideas." Conference information can be found at www. ttclients .com /2004MavorsConference. 1-24 Federation of Canadian Municipalities advising Council of their concerns for a New Deal on rights -of ways. The Right -of -Way Defense Fund allows monitoring and participation in the defense of legal challenges to the use of municipal rights -of -ways by telecommunications carriers. A series of Canadian Radio - television and Telecommunications Commission decisions have led to a number of disputes between municipal governments and telecommunication carriers. Municipal governments must have full authority to manage publicly owned property and receive fair compensation for the use and occupancy of municipal property. They are engaged in a national campaign to communicate these concerns and seek a solution to the conflict. Summary of Correspondence - 5 - May 10, 2004 1-25 Janet Harris, Executive Director, Durham Access to Care, advising Council of their support for the Region's vision of providing access to transit throughout Durham. Although their services are delivered in the home, they do have numerous community -based organizations that their clients need to access such as Adult Day Programs. As well, home care clients often require health and medical care that cannot be provided in the home. On these occasions, clients are often additionally challenged by the lack of availability of a transit system. 1-26 Greater Oshawa Chamber of Commerce forwarding a media release advising that the Highway 407 Eastward Extension is supported by Ontario Businesses. At the recent Annual General Meeting of 160 local Chambers of Commerce and Boards of Trade, the resolution regarding the extension received overwhelming support of the delegates. 1-27 Karen Campbell, President & CEO, Greater Toronto Marketing Alliance forwarding a copy of Canadian Business, Canada's best selling business magazine, highlightin the winners of the 2004 GTA International Awards of Distinction. CORRESPONDENCE FOR DIRECTION D - 1 Kim Goyne, Bowmanville, advising Council of concerns regarding the designation of the area bounded by Wellington, Liberty and Concession Streets as a Heritage Conservation district. The designation is not what the homeowners want, nor will it best serve their interests, and she has concerns of the process itself. At a LACAC meeting, it was indicated there was a consensus to support proceeding to Phase II; she believes it was made quite clear that they did not. She asks that Council defer making decisions pertaining to the heritage designation until recently drafted changes to the Heritage Act can be fully understood. With a more balanced representation of neighbourhood interests and wishes and some independent guidance, their efforts can benefit neighbourhoods throughout the municipality. (Motion to refer correspondence to the Director of Planning Services) D - 2 L. H. Woods, Manager, Marshall Macklin Monaghan, requesting an exemption to the Noise By -law for the period of May 8 — September 30, 2004. An Agreement between Hydro One and St. Marys has been completed for the relocation of Westside Creek to an easement located between the Hydra One towers. In order to complete the Westside Creek diversion channel, culverts are required to be constructed at the towers. The construction must proceed continuously, dawn to dusk, seven days a week until completed. (Motion to approve by -law exemption for the period May 8 to September 30, 2004) Summary of Correspondence - 6 - May 10, 2004 D - 3 Myles Brandt, President & General Manager, Mosport International Raceway, requesting Council to restrict access on Mosport Road for the following dates in order to restrict access to race fans coming to Mosport and disrupting the neighbours along the road: • May 21St from 7:00 a.m. — May 23rd at 3:00 p.m. • June 20th from 7:00 a.m. to 3:00 p.m. • June 27th from 7:00 a.m. to 2:00 p.m. • July 16th from 7:00 a.m. — July 18th at 3:00 p.m. • August 5th from 7:00 a.m. — August 8th at 3:00 p.m. Security is instructed to just restrict access and allow normal traffic to go through and not cause the three or four families who live on the road any problems and /or inconvenience. (Motion to approve provided organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Ross MacEachern, Manager, Environmental Health, The Regional Municipality of Durham requesting Council's permission to conduct a larviciding program within the Municipality of Clarington. During the spring and summer of 2004, the Durham Regional Health Department will be conducting activities involving West Nile Virus vector control for mosquitoes in the Region of Durham. An important component of Durham Region West Nile virus Vector Control Plan involves conducting a larviciding program through early spring to mid summer in catch basins and other stagnant water bodies on municipal and regional property. In order to receive a permit issued from the Ontario Ministry of the Environment to apply a larvicide to municipal property, the municipality within the jurisdiction of a Region must supply a letter from a representative of the municipality authorizing the use of a larvicide in the municipality by the Region. (Motion to Approve) D - 5 Mary A. Labaj, Immediate Past President, Multicultural Council of Oshawa /Durham, requesting Council to declare the month of June as "Elder Abuse Awareness Month ". The sufferings of our elder citizens have not received the same attention as the issues of child and spousal abuse. The Municipality of Clarington's recognition of the importance of this issue goes a long way towards raising public awareness about elder abuse. (Motion to Proclaim) Summary of Correspondence - 7 - May 10, 2004 D - 6 Carol Smitton, Committee Secretary, advising Council that on April 21, 2004 Durham Region passed the following resolution regarding the Durham Region Litter Survey Report 20004 -WR -6: "THAT Report #2004 -WR -6 of the Commissioner of Works, be received for information; THAT a copy of Report #2004 -WR -6 of the Commissioner of Works be forwarded to the Area Municipalities, School Boards and Durham College, requesting their assistance with Durham Region's litter concerns; and THAT Regional staff develop an educational package to address the Region's litter issues." (Motion to refer correspondence to the Director of Operations) D - 7 Debbie Godfrey, Public Health Nurse, Regional Municipality of Durham requesting proclamation of June as "Health Before Pregnancy" month. For the 2004 campaign, special consideration will be given to the importance of planning a pregnancy that is alcohol -free and smoke -free. The effects of drinking alcohol and smoking during pregnancy can last a baby's lifetime. (Motion to Proclaim) D - 8 J. D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan on April 26, 2004 passed the following resolution regarding the Property Taxation of the 407 and Future Express Toll Roads (ETR): "Whereas the 407 ETR is being operated on a for - profit basis through tolls paid by those using the highway; And Whereas the 407 ETR operates in a number of municipalities; And Whereas the Province plans to expand the use of toll roads in Ontario; And Whereas municipal roads connected to the 407 ETR are subject to increased vehicular traffic placing additional demand on the local infrastructure; And Whereas the land occupied by the 407 ETR is not available to generate property tax revenue to the local municipality; And Whereas the Province of Ontario makes payments -in -lieu of taxes on lands owned or controlled by the Province where taxable tenants occupy the land; And Whereas the current Assessment Act exempts from taxation, toll highways, and the current Municipal Tax Assistance Act excludes highways from a payment in lieu of property taxes (PIL); Summary of Correspondence - 8 - May 10, 2004 And Whereas the Mayor of the City of Vaughan, Mayor Michael Di Biase raised this issue with the Minister of Finance on March 18, 2004, during the Province's Pre- Budget Discussions; Now, therefore be it resolved that the Province of Ontario make the necessary legislative /regulatory changes regarding the 407 and all future express toll roads, to provide local municipalities with; • The ability to charge property taxes, or • The ability to charge payments in lieu of taxes (PIL's) at the commercial rate that would be payable if property taxes were applicable, or • An equivalent portion of the revenues received from Express Toll Roads. And that a copy of this resolution be forwarded to the Premier of Ontario, Dalton McGuinty, the Honourable Greg Sorbara, Minister of Finance, the Honourable Harinder Takhar, Minister of Transportation, the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, local members of Provincial Parliament, the Association of Municipalities of Ontario (AMO), the Region of York and other municipalities that have 407 ETR lands. (Motion for Direction) D - 9 J. D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan on April 26, 2004 passed the following resolution regarding the Municipal Property Assessment Corporation Current Value Assessment Process: "Whereas the Provincial Government adopted in 1998, Current Value Assessment as a property valuation system for Ontario; And Whereas the Current Value Assessment is the base which provides the foundation on which a municipality levies property taxes; And Whereas the Municipal Property Assessment Corporation (MPAC) was charged with the authority of assessing all properties in Ontario; And Whereas the City of Vaughan Council has received correspondence and complaints from property owners concerning the current value assessment system: And Whereas property owners including seniors could find Current Value Assessment (CVA) difficult as a result of annual reassessment; Summary of Correspondence - 9 - May 10, 2004 Now, therefore be it resolved that the Province of Ontario immediately begin a process to review the issues relating to the CVA system and property tax legislation which should include a review of the following: • The quality of the property valuation and service provided by MPAC; • An assessment of the impact on current value assessment of subsequent legislation that introduced property tax mitigation tools, such as capping and clawback, etc.; • The frequency of property reassessment, which is currently done on an annual basis; and • The valuation date used in the reassessment of properties, currently June of each year. And that the Province as part of the review process consider: • The elimination of the capping and clawback and other mitigation tools; • Decrease the frequency of property reassessment by MPAC to every three years which will permit sufficient time for appeals, inspections, will provide a longer stable valuation period and reduce costs; • The property valuation date used in the process of property assessment should be changed from June 30 to January 1St of each reassessment year thereby permitting sufficient time for inspection, review and the timely provision of assessment data to local municipalities; and • A review of MPAC's staffing requirements and processes to improve the quality of the assessment data and ensure a cost effective assessment system. And that MPAC continue to meet with all the stakeholders to better understand the current issues so that a positive change can be made to improve customer service and the CVA system. And that the Province strengthen the Ministry of Finance /MPAC Joint Committee that will be addressing MPAC service issues to include municipal and municipal association representatives. And that a copy of this resolution be forwarded to the Minister of Municipal Affairs and Housing, John Gerretsen, the Minister of Finance, Greg Sorbara, Chairman Peter Hume, MPAC Board of Directors, local Members of Provincial Parliament and the Association of Municipalities of Ontario (AMO), the Region of York and municipalities in the Province of Ontario with a population over 50,000." (Motion for Direction) SUMMARY OF BY -LAWS MAY 10, 2004 BY -LAWS 2004 -116 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (289143 Ontario Limited) (Item #3 of Report #1) 2004 -117 being a by -law to exempt a certain portion of Registered Plan 40M -2178 from Part Lot Control (289143 Ontario Limited) (Item #3 of Report #1) 2004 -118 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Akers Auto Glass) (Item #4 of Report #1) 2004 -119 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (1319164 Ontario Limited) (Item #5 of Report #1) 2004 -120 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Martin Road Holdings Limited) (Item #6 of Report #1) 2004 -121 being a by -law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item #7 of Report #1) 2004 -122 being a by -law to assume a certain street within the Municipality of Clarington as a public highway in the Municipality of Clarington (Item #7 of Report #1) 2004 -123 being a by -law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item #8 of Report #1) 2004 -124 being a by -law to assume a certain street within the Municipality of Clarington as a public highway in the Municipality of Clarington (Item #8 of Report #1)