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HomeMy WebLinkAbout06/28/2004t ding the yWay DATE: MONDAY, JUNE 28, 2004 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on June 14, 2004 PRESENTATIONS a) Awards of Academic Excellence DELEGATIONS a) Peter Smith representing Roslyn Houser, Goodman's Law Office, 250 Yonge St., Suite 2400, Toronto, M513 1 N9 — Brookhill Neighbourhood Secondary Plan Study b) Linda Brown, 5207 Solina Road, North, Hampton, LOB 1 JO — Commercial Kennel Zoning Amendments c) Susan McDonald, Camp Lots A Dogs, 7413 White Road, Kendal, LOA 1 EO — Commercial Kennel Zoning Amendments d) Al Storie, 68 Doreen Crescent, Bowmanville, L1 C 3W8 — Alfred Shrubb — World Champion Runner & Book entitled "Little Wonder" e) Wilson Little, St. Marys Cement, 410 Waverley Road, Bowmanville, L1 C 3K3 — Report PSD- 090 -04 f) Glenda Gies, Port Darlington Community Association, 311 Cove Road, Bowmanville, L1 C 3K3 — Report PSD- 090 -04 g) Wayne Bell — Liquor Control Board of Ontario, Newcastle — Refreshment Vehicle Licences CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - June 28, 2004 h) Dan Strike, 38 King Street, West, Bowmanville, L1 C 3K8 - Report PSD- 072 -04 i) Terry Price, 2895 Highway #2, Bowmanville, L1 C 3K5 - Report PSD- 073 -04 and Correspondence Item D - 4 j) Eugene Dupuis, 1078 Bennett Road, Bowmanville, L1 C 3K5 - Report PSD- 073 -04 k) Gerald Brown, Clarington Agricultural Advisory Committee - Correspondence Items D -7 and D - 8 COMMUNICATIONS Receive for Information I - 1 Karin Martens, President, Humane Society of Durham Region - Thank You for their Grant 1 - 2 Minutes of the Ganaraska Region Conservation Authority 1 - 3 Minutes of the Clarington Traffic Management Advisory Committee 1 - 4 Minutes of the St. Marys Cement Community Relations Committee 1 - 5 Minutes of the Local Architectural Conservation Advisory Committee 1 - 6 Minutes of the Samuel Wilmot Nature Area Management Advisory 1 - 7 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee 1 - 8 Minutes of the Greater Toronto Transit Authority Board 1 - 9 John O'Toole, MPP, Durham- Direct Election of the Regional Chair I - 10 Dr. Marie Bountrogianni, Minister of Citizenship and Immigration - Community Action Awards for 2004 I - 11 Kawartha Pine Ridge District School Board - "First Rider Program" 1 - 12 Karen Campbell, President & CEO, Greater Toronto Marketing Alliance - 2003 Annual Report I - 13 Michael Angemeer, President & CEO, Veridian Corporation - 2003 Annual Report Council Agenda - 3 - June 28, 2004 1 - 14 Samuel Wilmot Nature Area Management Advisory Committee -Spring 2004 Newsletter 1 - 15 The Honourable David Ramsay, Minister of Natural Resources - "Bear Wise Program" 1 - 16 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing - Ontario Regional Area Municipal Portal — OnRAMP 1 - 17 The Honourable Greg Sorbara, Minister of Finance — The Northern Prosperity Plan 1 - 18 Office of the Fire Marshal, Public Fire Safety Council — Fire Safety Advocate Award 1 - 19 Federation of Canadian Municipalities — Upcoming Federal Election 1-20 Sandra Kranc, City Clerk, City of Oshawa — Phase II Discussion Papers - Durham Regional Official Plan Review 1 - 21 Richard Stephenson, Chair, Assessment Review Board — Property Assessment Complaints for the 2004 Taxation Year 1-22 John O'Toole, MPP, Durham — Personal Care in Boarding or Lodging Houses 1-23 Susan McGovern, Vice Present, Community Relations and Communications, Ontario Strategic Infrastructure Financing Authority — 2004 -05 Municipal Infrastructure Renewal Loan Program 1-24 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing — Planned Growth and Build Strong Communities 1-25 Karen Monaghan, Communications, Lakeridge Health Oshawa — Official Kick Off for the Construction 1-26 Danielle Martin, MD, President Professional Association of Internes and Residents of Ontario — "Primary Importance: New Physicians and the Future of Family Medicine" 1-27 Michael Scott, Executive Director, Oak Ridges Moraine Foundation — 2003 Annual Report 1-28 Debi Bentley, Deputy Clerk, Regional Municipality of Durham — Nuclear Waste Management Organization Council Agenda - 4 - June 28, 2004 1 - 29 Debi Bentley, Deputy Clerk, Regional Municipality of Durham — Oak Ridges Moraine Conservation Plan I - 30 Debi Bentley, Deputy Clerk, Regional Municipality of Durham — Monitoring of Growth Trends I - 31 Debi Bentley, Deputy Clerk, Regional Municipality of Durham - Building Permit Activity I - 32 Debi Bentley, Deputy Clerk, Regional Municipality of Durham - York, Peel, Durham, Toronto Groundwater - 33 Debi Bentley, Deputy Clerk, Regional Municipality of Durham - Revised Highway 407 East Completion Environmental Assessment I - 34 Debi Bentley, Deputy Clerk, Regional Municipality of Durham - Oshawa Senior Citizens Centres 1-35 Minutes of the Clarington Agricultural Advisory Committee 1-36 Minutes of the Clarington Agricultural Advisory Committee 1-37 Minutes of the Clarington Agricultural Advisory Committee Receive for Direction D-1 Chantal Mailhot, Oshawa Cycling Club — 21St Annual Scugog Circle Century Tour D - 2 Marilyn Cole, Campaign Officer, Friends of Second Marsh — Bike Rally D - 3 Mary Tillcock, on behalf of the Steering Committee, The 2004 Terry Fox Run — Clarington's Annual Terry Fox Run D-4 Terry, Mark, and Phyllis Price, 2895 Highway #2, Bowmanville, L1 C 3K5 — Amendment to the Zoning By -law - Part Lot 5, Concession 1, Former Township of Darlington D - 5 C. Rockford Varcoe, Class Act Dinner Threatre — Food Establishments Charged by the Health Department D - 6 Ruth Mundy, Child & Youth Worker, Bethesda House — Bethesda House Day Trips D - 7 Carolyn Downs, City Clerk, City of Kingston — Rent Bank and Rent Supplement Programs Council Agenda - 5 - June 28, 2004 D - 8 Barbara Kelly, Mayor, City of Kawartha Lakes — 2002 Submission for the Province's Municipal Performance Measurement Program D - 9 Tom Barrie, Chair, Clarington Agricultural Advisory Committee — Property Assessment D - 10 Confidential Property Matter D - 11 Confidential Personnel Matter D - 12 Pat Madill, Regional Clerk, Regional Municipality of Durham — Smoking By -law MOTION NOTICE OF MOTION Moved by Councillor Trim, seconded by Councillor Pingle Whereas By -law 90 -130 provides for site plan control within the Municipality of Clarington and defines classes of development that may be undertaken without the approval of certain plans and drawings under Section 41 of the Planning Act; Whereas By -law 2004 -114 provides for the licensing of refreshment vehicles and requires that certain plans and drawings be provided by the applicant for review by Planning Services staff for conformity to the Municipality's Zoning By -law; Whereas the licensing of refreshment vehicles under the Municipal Act addresses the review and approval process that the Municipality would initiate through site plan control under the Planning Act; THEREFORE BE IT RESOLVED that the Municipality of Clarington pass a by- law to exempt refreshment vehicles for site plan control. 1. General Purpose and Administration Committee Report of June 21, 2004 2. Report CLD -23 -04 — Naming of New Facilities 3. Report CLD -24 -04 — Order to Restrain — Wood 4. Report FND- 016 -04 — Clarington Older Adults and Clarington Beech Centre Funding Council Agenda - 6 - June 28, 2004 5. Report PSD- 087 -04 — Planning Act Reform 6. Report PSD- 085 -04 — Approval of Expropriation, Under the Expropriations Act, Respecting the Proposed Expropriation of Part of Lot 31, Concession 1, Former Township of Clarke 7. Report PSD- 086 -04 — Declaration and Sale of Surplus Property 8. Report PSD- 089 -04 — South Courtice Business Park Study: Selection of Consultants 9. Report COD - 043 -04 — Canadian Waste Services Inc., 2nd Lease Amending Agreement 10. Confidential Report PSD- 092 -04 — Property Matter (Distributed Under Separate Cover) 11. Confidential Report PSD- 093 -04 — Property Matter (Distributed Under Separate Cover 12. Report PSD- 090 -04 — Application By St. Marys Cement (Canada) Inc. to Amend the Licence to Deepen the Bowmanville Quarry 13. Report PSD -088 -04 — Brookhill Neighbourhood Secondary Plan Study (To Distributed Under Separate Cover) 14. Report PSD- 091 -04 - Rezoning Application to Permit a Light Industrial Use — 1524103 Ontario Ltd. (To Be Distributed Under Separate Cover) 15. Report PSD -094 -04 — Rezoning Application to Permit an Expansion to the Bowmanville Medical Clinic (To Be Distributed Under Separate Cover) 16. Report OPD- 003 -04 — Waterfront Property (To Be Distributed Under Separate Cover) 17. Confidential Verbal Report of the Solicitor — Legal Matter UNFINISHED BUSINESS BY -LAWS Council Agenda - 7 - June 28, 2004 OTHER BUSINESS a) Appointments to the Waterfront Coordinating Committee b) Regional Update c) Boards and Committees Update BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT Leading the Way REPORT TO COUNCIL MEETING OF JUNE 28, 2004 REPORT #1 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, JUNE 21, 2004 RECOMMENDATIONS: 1. 0 RECEIVE FOR INFORMATION (a) Report PSD- 077 -04 — (b) Report EGD -33 -04 — (c) Report ESD- 010 -04 — The Greenbelt Protection Act, 2004 Monthly Report on Building Permit Activity for May, 2004 Monthly Response Report — May, 2004 FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION (a) Report PSD- 079 -04 — (b) Report COD - 039 -04 — (c) Report COD - 041 -04 — Application for Official Plan Amendment within the Municipality of Port Hope CL2004 -28, One (1) 6100 GVW Drive Passenger Van Tender CL2004 -11, Supply only of Decorative Streetlights and Bollards, Bowmanville 3. AMENDMENT TO THE MUNICIPALITY OF CLARINGTON ZONING BY -LAW 84 -63 TO DELETE "COMMERCIAL KENNELS" FROM THE LIST OF PERMITTED USES IN THE AGRICULTURAL (A) ZONE THAT Report PSD- 070 -04 be received: THAT provided that there are no significant issues raised in the Public Meeting, the proposed Zoning By -law contained in Attachment 1 to Report PSD- 070 -04, be passed; CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Report #1 - 2 - June 28, 2004 THAT the Region of Durham Planning Department be forwarded a copy of Report PSD- 070 -04 and Council's decision; and THAT the interested parties listed in Report PSD- 070 -04 be advised of Council's decision. 4. PROPOSED ZONING BY -LAW AMENDMENT TO PERMIT A PRIVATE ELEMENTARY SCHOOL APPLICANT: DURHAM CHRISTIAN ACADEMY THAT Report PSD- 071 -04 be received; THAT the application submitted by Durham Christian Academy be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and THAT all interested parties listed in Report PSD- 071 -04 and any delegations be advised of Council's decision. 5. REZONING APPLICATION TO PERMIT AN EXPANSION OF THE MEDICAL CLINIC PROPONENTS: BOWMANVILLE PROFESSIONAL BUILDING INC. THAT Report PSD- 072 -04 be received; THAT the rezoning applications submitted by Bowmanville Professional Building Inc. to permit the expansion of the medical clinic be referred back to staff for further processing; and THAT all interested parties listed in Report PSD- 072 -04 and any delegations be advised of Council's decision. 6. REZONING APPLICATION TO PERMIT A LIGHT INDUSTRIAL USE PROPONENTS: 1524103 ONTARIO LTD. THAT Report PSD- 073 -04 be received; THAT the rezoning applications submitted by 1524103 Ontario Ltd. to permit the establishment of a light development be referred back to staff for further processing; and THAT all interested parties listed in Report PSD- 073 -04 and any delegations be advised of Council's decision. Report #1 - 3 - June 28, 2004 7. REZONING APPLICATION TO PERMIT COMMERCIAL USES WITH REDUCED PARKING AND LOADING STANDARDS APPLICANT: VIVECA RUPA THAT Report PSD- 074 -04 be received; THAT the application submitted by Viveca Rupa be referred back to Staff for further processing and the preparation of a further report following the receipt of all outstanding agency comments; and THAT all interested parties listed in Report PSD- 074 -04 and any delegations be advised of Council's decision. 8. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 10, 2004 THAT Report PSD- 075 -04 be received; and THAT Council concur with the decision of the Committee of Adjustment made on June 10, 2004 for applications A2004/017 and A2004/018 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 9. DRAFT PLAN OF CONDOMINIUM APPLICATION APPLICANT: ASPEN HEIGHTS II LTD. THAT Report PSD- 076 -04 be received; THAT the Draft Plan of Condominium application, submitted by Aspen Heights I I Ltd., be approved and that the Director of Planning Services be authorized to issue Draft Approval, subject to the conditions as contained in Attachment 3 to Report PSD- 076 -04; THAT a copy of Report PSD- 078 -04 be forwarded to the Region of Durham Planning Department; and THAT all interested parties listed in Report PSD- 076 -04 and any delegations be advised of Council's decision. 10. OAK RIDGES MORAINE CONFORMITY AMENDMENTS TO CLARINGTONOFFICIAL PLAN THAT Report PSD- 078 -04 be received; THAT as Amendment No. 33 and No. 34 to the Clarington Official Plan have not been substantially changed from that which was presented at the statutory public meeting and as such there is not the need for a second public meeting; Report #1 - 4 - June 28, 2004 THAT Amendment No. 33 to the Clarington Official Plan, integrating the policies of the Oak Ridges Moraine Conservation Plan, (COPA 2003 -007) be adopted as contained in Attachment 1 to Report PSD- 078 -04, that the necessary by -law be passed and further that the amendment be forwarded to the Minister of Municipal Affairs and Housing for approval in accordance with the Oak Ridges Moraine Conservation Act; THAT Amendment No. 34 to the Clarington Official Plan, incorporating strategic and land use policies for lands outside of the Oak Ridges Moraine, (COPA 2003 -008) be adopted as contained in Attachment 2 to Report PSD - 078-04, that the necessary by -law be passed and further that the amendment be forwarded to the Region of Durham for approval; THAT the Minister be requested to revise the limit of the Oak Ridges Moraine in accordance with OMB order O 910036, S 900044 and Z 90131 as identified in Attachment 3 to Report PSD- 078 -04; THAT the "Notice of Adoption" for Amendment No. 33 and Amendment No. 34 be sent to the Conservation Authorities, the Region of Durham, adjacent municipalities and the Ministry of Municipal Affairs and Housing and all persons or public bodies who requested notification of this decision; THAT the Minister of Municipal Affairs and Housing be requested to grant a 9 month extension under the Oak Ridges Moraine Conservation Act to the Municipality of Clarington to provide additional time to complete the necessary amendments to the Clarington Zoning By -law to incorporate the requirements of Conservation Plan; THAT the Ministry of Municipal Affairs and Housing, the Region of Durham and the Conservation Authorities be forwarded a copy of Report PSD- 078 -04 and Council's decision; and THAT all interested parties listed in Report PSD- 078 -04 and any delegation be advised of Council's decision. 11. REZONING APPLICATION APPLICANT: 1317946 ONTARIO LTD. THE WALTZING WEAZEL — 1437 HIGHWAY 2, COURTICE THAT Report PSD- 080 -04 be received; THAT the application submitted by 1317946 Ontario Ltd. to permit a parking lot expansion and motor vehicle laneway access be approved with a Holding symbol on the motor vehicle laneway access, and that the By -law attached to Report PSD- 080 -04 as Attachment #2, be passed; and Report #1 - 5 - June 28, 2004 THAT all interested parties listed in Report PSD- 080 -04 and any delegations be advised of Council's decision. 12. AMENDMENT TO DRAFT APPROVED PLAN 18T -87085 TO PERMIT THE DEVELOPMENT OF 74 RESIDENTIAL UNITS APPLICANT: MAPLE WOODS LAND CORPORATION THAT Report PSD- 081 -04 be received; THAT the amendment to Draft Approved Plan of Subdivision 18T- 87085, submitted by Maple Woods Land Corporation be approved as shown on Attachment #3, subject to conditions contained in Attachment #4 to Report PS D- 081 -04; THAT all interested parties listed in Report PSD- 081 -04 and any delegations be advised of Council's decision. 13. HIGHWAY 407 EAST COMPLETION — COMMENTS ON THE DRAFT TERMS OF REFERENCE FOR THE ENVIRONMENTAL ASSESSMENT THAT Report PSD- 082 -04 be received; THAT Staff Report PSD- 082 -04 be adopted as the Municipality of Clarington's comments on the Draft Terms of Reference for the Highway 407 East Completion Environmental Assessment; and THAT a copy of Report PSD- 082 -04 and Council's resolution be forwarded to Totten Sims Hubicki Associates, the Ontario Ministry of Transportation, the Region of Durham, the Highway 407 Advisory Committee, the Clarington Agricultural Advisory Committee, and interested parties. 14. APPLICATION FOR REMOVAL OF HOLDING SYMBOL APPLICANT: WASTE MANAGEMENT OF CANADA CORPORATION PART LOTS 25 & 26, CONCESSION B.F., FORMER TOWNSHIP OF DARLINGTON THAT Report PSD- 083 -04 be received; THAT the application submitted by Waste Management of Canada Corporation to remove the Holding (H) symbol be approved and that the By -law attached to Report PSD- 083 -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- 083 -04 and any delegations be a vised of Council's decision. Report #1 - 6 - June 28, 2004 15. AGREEMENT RENEWAL WITH ROGERS CABLE COMMUNICATIONS INC. FOR THE OPERATION AND MAINTENANCE OF AN UNDERGROUND CABLE ACROSS MUNICIPAL LANDS IN ORONO THAT Report EGD -34 -04 be received; and THAT a by -law be passed, authorizing the Mayor and Clerk to execute an agreement with Rogers Cable Communications Inc. for the operation and maintenance of an existing underground cable within Lot 21, Plan 693 in Orono. 16. CLARINGTON /OSHAWA BOUNDARY ROAD AGREEMENT CLARINGTON /SCUGOG BOUNDARY ROAD AGREEMENT THAT Report EGD -35 -04 be received; THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the City of Oshawa; THAT the Mayor and Clerk be authorized to execute the Boundary Road Agreement between the Municipality of Clarington and the Township of Scugog; THAT Council passed the appropriate by -laws confirming each of the agreements; and THAT the Municipality's solicitor register the agreements and the by -laws in the proper Land Registry Office. 17. PROPOSED FRONT - ENDING AGREEMENT BETWEEN THE MUNICIPALITY OF CLARINGTON AND THE PERSONS REFERRED TO IN REPORT EGD -36 -04 AND THE PASSING OF AN AMENDMENT TO THE DEVELOPMENT CHARGES BY -LAW, BY -LAW NO. 2000-108, AS AMENDED THAT Report EGD -36 -04 be received; THAT Council approve the making of the Front - Ending Agreement between the Municipality and Orchard Park Estates (Bowmanville) Inc.; THAT Council pass a by -law to authorize the Mayor and the Municipal Clerk on behalf of the Municipality of Clarington to execute the Front - Ending Agreement referred to in Recommendation 2 to Report EGD- 36 -04; THAT the term of the Front - Ending Agreement referred to in Report EGD -36 -04 be 15 years; and - 7 - June 28, 2004 THAT all interested parties listed in Report EGD -36 -04 and any delegations be advised of Council's decision. 18. MIDDLE ROAD RECONSTRUCTION FROM 220 METRES NORTH OF GOODWIN AVENUE, NORTHERLY FOR 200 METRES (BOWMANVILLE) THAT Report EGD -37 -04 be received; THAT the additional costs required for the reconstruction of Middle Road from 220 metres north of Goodwin Avenue, northerly for 200 metres, in lieu of the reconstruction of Scugog Street, in the amount of $4,523.00 be funded from the Roads Contribution Reserve Fund; THAT Middle Road Developments Inc., be reimbursed for the costs of the reconstruction of Middle Road from 220 metres north of Goodwin Avenue, northerly for 200 metres, upon the issuance of a "Certificate of Completion" for the works in accordance with the subdivision agreement between Middle Road Developments Inc. and the Municipality of Clarington; THAT the Purchasing By -law 94 -129 be waived to facilitate the construction and reimbursement of the costs of the Middle Road works to Middle Road Developments Inc.; and THAT Middle Road Developments Inc. be notified of Council's decision. 19. HUNT STREET RECONSTRUCTION AND DUKE STREET IMPROVEMENTS THAT Report EGD -38 -04 be received; THAT the Director of Engineering Services inform Council of the results of the tender evaluation process once complete; and THAT all who attended the two Public Information Centres and who have contacted the Municipality be informed of Report EGD- 38 -04. 20. EMERGENCY MANAGEMENT PROGRAM BY -LAW THAT Report ESD- 011 -04 be received; THAT the By -law contained in Attachment 1 to Report ESD- 010 -04 be passed; and THAT Council adopt the Municipality of Clarington's Nuclear Emergency Plan and Peacetime Plan presented to Council November 4, 2002 with Report ESD- 022 -02. Report #1 - 8 - June 28, 2004 21. SCHEDULE OF RATES AND FEES September 1, 2004 — August 31, 2005 September 1, 2005 — August 31, 2006 September 1, 2006 — August 31, 2007 THAT Report CSD -09 -04 be received; and THAT Council approve the attached Rates and Fees Schedule for the three (3) year period, September 1, 2004 to August 31, 2007. 22. SANTA CLAUS PARADE COMMITTEE THAT Report CLD -21 -04 be received; THAT the Santa Claus Parade Committee be accepted as a Committee of Council; THAT Councillor Trim be appointed as Council's liaison to the Santa Claus Committee; and THAT the Santa Claus Parade Committee and the municipality's insurers be advised of Council's decision. 23. PRIVATE PARKING ENFORCEMENT THAT Report CLD -22 -04 be received; THAT the by -laws attached to Report CLD -22 -04 to appoint parking enforcement officers for private property be forwarded to Council for approval; and THAT Howard Jones, Beth Sullivan, Alpesh Patel, Tabitha Cochrane, Jill Jacqueline McMurter, Valiant Property Management and Securitas Canada Ltd. be advised of Council's actions. 24. CL2004 -8, ONE (1) 16,000 GVW CAB & CHASIS, c/w BODY WITH HOIST & TOOL COMPARTMENT THAT Report COD - 036 -04 be received; THAT Donway Ford Sales, Scarborough, Ontario with a total bid in the amount of $55,968.84 (Including PST), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004 -8, be awarded the contract to supply One (1) 16,000 GVW Cab & Chassis, c/w Body with Hoist &Tool Compartment, as required by the Municipality of Clarington, Operations Department; and Report #1 - 9 - June 28, 2004 THAT the funds be provided from the 2004 Operations Vehicle /Heavy Equipment Account #110 -36- 388 - 83650 -7401. 25. CL2004_ -9, ONE (1) HYDRAULIC EXCAVATOR THAT Report COD - 037 -04 be received; THAT Amaco Construction Equipment Inc., Mississauga, Ontario, with a total bid in the amount of $335,880.00 (including PST and trade -in), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004 -9, be awarded the contract to supply One (1) Hydraulic Excavator, as required by the Municipality of Clarington, Operations Department; and THAT the funds be provided from the 2004 Operations Equipment Reserve Account #110 -36- 388 - 83642 -7401. 26. CL2004 -5, ONE (1) 60,000 GVW TANDEM DIESEL DUMP c/w PLOW EQUIPMENT THAT Report COD - 038 -04 be received; THAT Winslow - Gerolamy Motors, Peterborough, Ontario, with a total bid in the amount of $160,198.56 (including PST and trade -in), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004 -5, be awarded the contract to supply One (1) 60,000 GVW Tandem Diesel Dump c/w Plow Equipment, as required by the Municipality of Clarington, Operations Department; and THAT the funds be provided from the 2004 Capital Operations Vehicle /Heavy Equipment Account #110 -36- 388 - 83643 -7401. 27. CL2004 -27, BOWMANVILLE CREEK EROSION PROTECTION, LIVE CRIB WALL CONSTRUCTION THAT Report COD - 040 -04 be received; THAT Dynex Construction Ltd., Concord, Ontario with a total bid in the amount of $63,798.85 (Excluding G.S.T. = $4,465.92), being the lowest responsible bidder meeting all terms, conditions, and specifications of Tender CL2004 -27, be awarded the contact for the Bowmanville Creek Erosion Protection, Live Crib Wall Construction as required by the Engineering Department; THAT the total funds required in the amount of $80,000.00 ($63,798.85 tender plus contingencies, consulting and net GST) be drawn from Engineering Capital Account 110 -32- 330 - 83234 -7401; and Report #1 _10- June 28, 2004 THAT the By -law attached to Report COD - 040 -04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 28. CASH ACTIVITY — FIRST QUARTER OF 2004 THAT Report FND- 013 -04 be received; THAT in accordance with provision of Chapter 25, Section 286 of the Municipal Act, S.O. 2001, the Treasurer reports the cash position of the Municipality of Clarington for the first quarter of the year 2004, as shown on the schedule attached to Report FND- 013 -04; and THAT Part "A" of the expenditures for the first quarter of the year be confirmed. 29. 2004 /2005 INSURANCE PROGRAM THAT Report FND- 014 -04 be received; and THAT the Director of Finance /Treasurer be authorized to finalize the general insurance placement, in conjunction with the other member municipalities of the Durham Municipal Insurance Pool, with the Frank Cowan Company for an integrated pooling arrangement that includes integrated insurance coverages, common self retention deductible levels, and related stop loss aggregate premium limits for the period July 1, 2004 to June 30, 2005 at an approximate cost to Clarington of $456,281.00. 30. 2004 MUNICIPAL COMPETITIVENESS STUDY THAT Report FND - 015 -04 be received; and THAT the Municipality of Clarington participate in the 2004 Municpal Competitiveness Study by BMA Management Consulting Inc. at an approximate cost of $2,000. 31. REZOING APPLICATION TO PERMIT CONVENIENCE STORE APPLICANT: GOLD FARM /MUTT ENTERPRISES LIMITED THAT Report PSD- 065 -04 be received; THAT the application submitted by Suncor Energy Products Inc. on behalf of Gold Farm /Mutt Enterprises Limited to permit the redevelopment of a gas station with a convenience store be approved; THAT the By -law contained in Attachment 3 in Report PSD- 065 -04 be passed and a copy forwarded to the Regional Municipality of Durham; and Report #1 - 11 - June 28, 2004 THAT all interested parties listed in Report PSD -65 -04 and any delegations be advised of Council's decision. 32. ACTIONS TAKEN AT THE "CLOSED" MEETING THAT the actions taken at the "closed" meeting be ratified. SUMMARY OF CORRESPONDENCE JUNE 28, 2004 CORRESPONDENCE TO RE RECEIVED FOR INFORMATION 1 - 1 Karin Martens, President, Humane Society of Durham Region, thanking Council for their generous grant of $500.00 to help the many animals in need. 1 - 2 Minutes of the Ganaraska Region Conservation Authority meeting dated May 20, 2004. (Copy attached) 1 - 3 Minutes of the Clarington Traffic Management Advisory Committee meeting dated May 20, 2004. (Copy attached) 1 - 4 Minutes of the St. Marys Cement Community Relations Committee meeting dated June 1, 2004. (Copy attached) 1 - 5 Minutes of the Local Architectural Conservation Advisory Committee meeting dated May 18, 2004. (Copy attached) 1 - 6 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated May 11, 2004. (Copy attached) 1 - 7 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated June 8, 2004. (Copy attached) 1 - 8 Minutes of the Greater Toronto Transit Authority Board meeting dated May 14, 2004. (Copy attached) 1 - 9 John O'Toole, MPP, Durham, submitting to Council a copy of correspondence he received from The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, regarding Clarington's interest in making the Regional Chair of the Regional Municipality of Durham a position that is filled through direct election. I - 10 Dr. Marie Bountrogianni, Minister of Citizenship and Immigration inviting nominations for the Community Action Awards for 2004 to honour individuals who have been instrumental in effecting positive change for persons with disabilities in Ontario. I - 11 Kawartha Pine Ridge District School Board announcing the "First Rider Program ". Parents and children will have an opportunity to review safety rules for student who ride school buses regularly. The following is a series of sessions to be held: Saturday, August 21, 2004: - 10:00 a.m. — 2:00 p.m. Bowmanville, Zellers Malls, Highway 2 & Clarington Blvd. - 10:00 a.m. — 2:00 p.m. Cobourg, Northumberland Mall - 9:00 a.m. — 12:00 p.m. Campbellford, Hillcrest Elementary School Summary of Correspondence - 2 - June 28, 2004 Tuesday, August 24, 2004: - 3:00 p.m. — 6:00 p.m. Saturday, August 28, 2004: - 10:00 a.m. — 2:00 p.m. - 10:00 a.m. — 2:00 p.m. - 9:00 a.m. — 12:00 p.m. Tuesday, August 31, 2004: - 3:00 p.m. — 6:00 p.m. Cobourg, Northumberland Mall Bowmanville, Zellers Malls, Highway 2 & Clarington Blvd. Peterborough, Lansdowne Place Mall Trenton, Murray Centennial Public School Peterborough, Edmison Heights PS. 1 - 12 Karen Campbell, President & CEO, Greater Toronto Marketing Alliance, submitting the 2003 Annual Report reviewing the progress and activities of their international investment attraction program last year. 1- 13 Michael Angemeer, President & CEO, Veridan Corporation, submitting a copy of the 2003 Annual Report recognizing the many achievements of Veridan. Financially, the company enjoyed its best year ever. 1- 14 Samuel Wilmot Nature Area Management Advisory Committee providing the Spring 2004 Newsletter. Samuel Wilmot Nature Area consists of 77 hectare made up of landscape types, from creek valley and marsh, forest and old fields, to remnant orchards and hedgerows. 1 - 15 The Honourable David Ramsay, Minister of Natural Resources, advising Council that the government has uploaded responsibility for bear management to the province and the Ministry of Natural Resources has taken the lead role in coordinating the new "Bear Wise Program" — a comprehensive step in nuisance bear management strategy to improve public safety. Provincial funding is available for community prevention and public awareness programs. I - 16 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing, advising of the launching of its pilot of the Ontario Regional Area Municipal Portal — OnRAMP, an online information service for Municipal Services Office clients at www.mah.gov.on.ca/onramp -sw. I - 17 The Honourable Greg Sorbara, Minister of Finance, updating Council on the development.of the Northern Prosperity Plan. The initiatives outlined in the plan will assist in outside investment, improving opportunities for entrepreneurs living in the North, and supporting investment in the infrastructure of northern communities. 1 - 18 Office of the Fire Marshal, Public Fire Safety Council, advising Council that George Vice from Newcastle was the recipient of the Fire Safety Advocate Award in recognition of outstanding contributions to fire protection and prevention in Ontario. Mr. Vice's outstanding efforts ensure the residents of the Clarington area benefit from the life- saving messages in the fire safety house. Summary of Correspondence - 3 - June 28, 2004 1 - 19 Federation of Canadian Municipalities urging Council to ask all candidates for the upcoming Federal Election the following five questions: 1. What is your party's position with respect to a New Deal for Canada's cities and municipalities? 2. Will your party as a priority allocate five cents per litre of the federal fuel excise tax to support urgently needed investment in municipal infrastructure, primarily for transportation and public transit, by the end of 2004? 3. Will your party enter into agreements with cities and municipalities and the provinces and territories to create financial sustainability that would include sharing revenues that grow with the economy by the end of 2005? 4. How will your party involve cities and municipalities as partners in federal and provincial policy, program and budget deliberations on issues that affect them? 5. What other actions will your party take to strengthen the competitiveness and quality of life of Canada's communities? The FCM website has a members' election toolkit, which includes a template letter and news release. I - 20 Sandra Kranc, City Clerk, City of Oshawa advising Council that at a meeting held on June 7, 2004 the City passed the following resolution regarding Phase II Discussion Papers, Durham Regional Official Plan Review: "THAT correspondence dated April 27, 2004, from the Municipality of Clarington regarding Clarington's comments on the Region of Durham's Official Plan Review Phase II Discussion Papers be received for information and referred to staff for consideration of the comments." 1 - 21 Richard Stephenson, Chair, Assessment Review Board, advising Council that March 31, 2004 was the statutory filing deadline for the filing and receipt of property assessment complaints for the 2004 taxation year. To date, the Board has received 76,000 complaints for the current year. A complaint streaming strategy for the new caseload, as well as the outstanding caseload from previous years has been implemented. 1- 22 John O'Toole, MPP, Durham, thanking Council for a copy of their correspondence to Premier McGuinty regarding personal care in boarding or lodging houses. The MPP has forwarded the letter on to the Honourable George Smitherman, Minister of Health and Long -Term Care. Summary of Correspondence - 4 - June 28, 2004 1-23 Susan McGovern, Vice Present, Community Relations and Communications, Ontario Strategic Infrastructure Financing Authority, advising Council that they are now prepared to accept applications for the 2004 -05 Municipal Infrastructure Renewal Loan Program. The Program's aim is to offer affordable infrastructure financing for five key municipal priorities: clean water infrastructure, sewage treatment facilities, waste management infrastructure, municipal roads and bridges, and public transit. Applications are available online at www.osifa.on.ca. 1-24 The Honourable John Gerretsen, Minister of Municipal Affairs and Housing announcing the government is taking the next step to sustain planned growth and build strong communities by introducing legislation recognizing its agreement with the Association of Municipalities of Ontario to consult on legislation and regulations that affect municipalities. The bill would enshrine in legislation the principle of meaningful and informed consultation between the province and Ontario's municipal government. 1-25 Karen Monaghan, Communications, Lakeridge Health Oshawa, informing Council of the official kick off for the construction of the North Wing, the Central Utilities Plant and the R.S. McLaughlin Durham Regional Cancer Centre which took place on June 18, 2004. 1-26 Danielle Martin, MD, President, Professional Association of Internes and Residents of Ontario, providing Council with a copy of the "Primary Importance: New Physicians and the Future of Family Medicine ". The recommendations include a variety of concrete changes to recruit and retain brilliant young minds into primary care medicine in Ontario. 1 -27 Michael Scott, Executive Director, Oak Ridges Moraine Foundation submitting to Council the 2003 Annual Report. The foundation has completed its first full year of operation as an independent organization to help protect the Moraine. In 2003 it provided almost $1 million in funding support to preservation. 1-28 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding the Nuclear Waste Management Organization: "a) THAT Report #2004 -P -51 of the Commissioner of Planning be endorsed as the Region's response to the Nuclear Waste Management Organization on its document entitled `Asking the Right Questions? The Future Management of Canada's Used Nuclear Fuel'; Summary of Correspondence - 5 - June 28, 2004 b) THAT the Nuclear Waste Management Organization (NWMO): i) give paramount consideration to the health and safety of humans, societal well -being and. the environment, now and in the future, in the selection of the long -term management approach for nuclear fuel waste; ii) be advised that, given the long -term element of risk associated with the radioactive and toxic nature of nuclear waste, the long -term retention of nuclear waste at existing reactor sites in Durham is not an acceptable solution, iii) focus on a long -term management approach for nuclear waste that is in a location as far away from populated areas and water supplies as is possible; iv) broaden its scope in considering security aspects in the development of long -term management approaches for nuclear waste to ensure public safety; v) focus on long -term storage methods that allow retrieval of the waste, as opposed to disposal methods that do not allow for taking advantage of future opportunities for the application of emerging technologies; vi) address the physical capacity of existing reactor sites, in the event long -term storage of nuclear waste at existing reactor sites is pursued; vii) ensure that the public feels confident about the dependability of the producers /owners of nuclear fuel waste to guarantee and deliver a safe, long -term management solution; viii) ensure that the radiation hazard from nuclear waste and resulting potential health risks are communicated in terms that are clear, understandable and relevant to the public, so that the public can have an accurate understanding of risk, and can make informed comments on long -term management approaches; ix) `build -in' mechanisms for the continuous review of the long -term management approach that is ultimately selected, to allow consideration of emerging technologies, and ensure that knowledge is passed on from generation to generation; x) ensure that the residents of Durham, the Region of Durham and area municipalities continue to be consulted throughout this Study and beyond, to allow for the identification of emerging issues; A) acknowledge that financial considerations for the impacts of the selected long -term management approach, must be made to address the unique challenges that will be faced by nuclear host communities; Summary of Correspondence - 6 - June 28, 2004 xii) ensure the availability of financial resources for the long- term, by addressing matters such as financial risk factors. As a starting point, to keep pace with inflation, annually calculate the payments that are to be made by the producers of nuclear waste to the trust fund for the long -term management of nuclear waste; xiii) ensure continued responsibility for financial and legal liability is addressed, in the event that responsibility for nuclear waste is transferred from the NWMO to another agency; xiv) provide peer review funding for a collective approach to consulting services for municipalities, to enable an independent assessment of the NWMO's Study, which will contain complex issues related to the long -term management of nuclear waste; and c) THAT a copy of Report #2004 -P -51 of the Commissioner of Planning be forwarded to the Nuclear Waste Management Organization and the area municipalities." I - 29 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding the Oak Ridges Moraine Conservation Plan: "a) THAT the proposal by the conservation authorities regarding implementation of the Oak Ridges Moraine Conservation Plan be received; b) THAT the existing Memorandum of Understanding (MOU) between the Regional Municipality of Durham and the 5 Durham area conservation authorities continue as a guide for authority support to the Region, on development review; and c) THAT a copy of Report #2004 -P -52 of the Commissioner of Planning be forwarded to the 5 Durham area conservation authorities, the Conservation Authorities Moraine Coalition and the area municipalities." I - 30 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding Monitoring of Growth Trends: "THAT Report #2004 -P -56 of the Commissioner of Planning be received for information; and THAT a copy of Report #2004 -P -56 of the Commissioner of Planning be forwarded to the area municipalities, the Police Service Board, the District Health Council and the school boards in Durham." Summary of Correspondence - 7 - June 28, 2004 1 - 31 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding Building Permit Activity: "THAT Report #2004 -P -57 of the Commissioner of Planning be received for information; and THAT a copy of Report #2004 -P -57 of the Commissioner of Planning be forwarded to the local municipalities." I - 32 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding the York, Peel, Durham, Toronto Groundwater Strategy Status Report: "THAT Report #2004 -J -16 of the Commissioner of Planning and the Commissioner of Works be received for information; and THAT a copy of Report #2004 -J -16 of the Commissioner of Planning and the Commissioner of Works be forwarded to the area municipalities and the conservation authorities." I - 33 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding Revised Highway 407 East Completion Environmental Assessment: "a) THAT the Provincial Government be requested to expedite the completion of the Highway 407 East Completion Environmental Assessment; b) THAT Report #2004 -J -17 of the Commissioner of Planning and the Commissioner of Works be endorsed as the Region's response to the Revised Highway 407 East Completion - Draft Environmental Assessment Terms of Reference; and C) THAT a copy of Report #2004 -J -17 of the Commissioner of Planning and the Commissioner of Works be forwarded to the Ministry of Transportation and their consultant, the Ministry of the Environment, the area municipalities, and the conservation authorities." 1- 34 Debi Bentley, Deputy Clerk, Regional Municipality of Durham, advising Council that at a meeting held on June 16, 2004 Regional Council passed the following resolution regarding Oshawa Senior Citizens Centres: "THAT the resolution of the Oshawa Senior Citizens Centres regarding designation and provincial funding of Elderly Persons Centres, be endorsed; and Summary of Correspondence - 8 - June 28, 2004 THAT the Premier of Ontario, Minister of Health and Long -Term Care, Minister Responsible for Seniors, Durham's M.P.P.'s, and municipalities and the Oshawa Senior Citizens Centres, be so advised." 1-35 Minutes of the Clarington Agricultural Advisory Committee meeting dated March 11, 2004. (Copy attached) 1-36 Minutes of the Clarington Agricultural Advisory Committee meeting dated April 8, 2004. (Copy attached) 1-37 Minutes of the Clarington Agricultural Advisory Committee meeting dated May 13, 2004. (Copy attached) CORRESPONDENCE FOR DIRECTION D - 1 Chantal Mailhot, Oshawa Cycling Club, requesting partial lane closures and permission to use specific roads to host the "21St Annual Scugog Circle Century Tour" on Sunday, August 22, 2004. The event would not require full lane closure as cyclists ride a two - abreast formation. The event is open to a maximum of 400 participants and runs from 7:00 a.m. — 5:00 p.m. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Director of Engineering Services) D - 2 Marilyn Cole, Campaign Officer, Friends of Second Marsh requesting permission to host a "Bike Rally" on Sunday, August 22, 2004 to raise funds towards the construction of the Great Lakes Wetlands Centre. The event will run from 8:30 a.m. — 1:30 p.m. The cyclists will need to use Courtice Road between the Park north to South Service Road and then east on South Service Road to the Ontario Power Generation property. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Director of Engineering Services) D - 3 Mary Tillcock, on behalf of the Steering Committee, The 2004 Terry Fox Run, requesting approval to hold Clarington's Annual Terry Fox Run on Sunday, September 19, 2004 from 8:00 a.m. — 2:00 p.m. The event will commence at Memorial Park, Bowmanville. All funds raised are turned over to the Terry Fox Foundation for cancer research. Also, they are requesting the proclamation of the week of September 12 — 19, 2004 as "Terry Fox Week ". (Motion to Proclaim and approve request provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Summary of Correspondence - 9 - June 28, 2004 D - 4 Terry, Mark, and Phyllis Price, 2895 Highway #2, Bowmanville, L1 C 3K5, stating their concerns of the proposal of amendment to the Zoning By -law of Part Lot 5, Concession 1, former Township of Darlington. The property is adjacent to their farm land. The Price's land is at a lower elevation and they are concerned about the runoff with a road and parking lot; as the water will not be absorbed by the ground. (Motion to refer correspondence to the Director of Planning Services) D - 5 C. Rockford Varcoe, Class Act Dinner Threatre, expressing concerns about a motion passed by Regional Council in 2003 which affects food outlets. He is concerned that food establishments charged by the Health Department are published in the press, but the nature of the charge is not. It negatively affects small businesses in the area. (Motion to refer correspondence to the Regional Municipality of Durham) D - 6 Ruth Mundy, Child & Youth Worker, Bethesda House, requesting the use of a Clarington bus and driver, twice a week, through July and August. The bus will be used for day trips within Clarington for a group of children that will be participating in a summer program at Bethesda House. (Motion to refer correspondence to the Director of Engineering Services) D - 7 Carolyn Downs, City Clerk, City of Kingston, advising Council that at a meeting held on June 1, 2004 Council passed the following resolution regarding Rent Bank and Rent Supplement Programs: "WHEREAS Kingston City Council recently passed a motion concerning adequate provincial funding for the Rent Bank and Rent Supplement Programs, and, WHEREAS it has been confirmed that the province will provide 100% funding for these programs, as well as provide an additional 10% to cover administrative costs, and, WHEREAS staff has stated that the funding model proposed by the province will adequately fund the delivery of these programs; THEREFORE BE IT RESOLVED THAT the City of Kingston express its support for the Rent Bank and Rent Supplement Programs and confirms its desire to participate in these important initiatives; -and further - BE IT RESOLVED THAT a copy of this resolution be sent to the Honourable John Gerretsen, MPP; the Clerk of the Ontario Legislature for distribution to all MPPs; and to all municipalities on our standard mailing list for their information." (Motion for Direction) Summary of Correspondence - 10 - June 28, 2004 D - 8 Barbara Kelly, Mayor, City of Kawartha Lakes, advising that Council passed the following resolution regarding the 2002 Submission for the Province's Municipal Performance Measurement Program: "RESOLVED THAT Report FIN2004 -24 2002 Municipal Performance Measurement Program (MPMP), be received; THAT the City write a letter under the signature of the Mayor to the Minister of Municipal Affairs, strongly opposing this waste of staff time and money; THAT the City request that this program stop as soon as possible; and THAT all Municipalities be copied for support." (Motion for Direction) D - 9 Tom Barrie, Chair, Clarington Agricultural Advisory Committee, advising Council that at a meeting on June 10, 2004 the Committee passed the following resolutions: "WHEREAS for the first time in history, net farm income levels are expected to hit negative levels; AND WHEREAS farmers' net income in Ontario is down 44% since 2002 and continuing challenges to the agriculture sector have made the expectation of a profit impossible; AND WHEREAS farmers in the Municipality of Clarington and across Ontario are facing higher costs in order to comply with safe water requirements and the Nutrient Management Act; AND WHEREAS farmers in the Municipality of Clarington are experiencing escalating assessments, on average 35% more than all other assessments in the Region; AND WHEREAS farmers also face higher input costs, particularly for hydro, fuels, labour and transportation; AND WHEREAS farms in the urban fringes are being unfairly penalized; AND WHEREAS the future of farmers in Clarington and throughout Ontario has been devastated by fallout from BSE, the loss of export markets for livestock and other food products, as well as lower prices for farm commodities; THEREFORE BE IT RESOLVED THAT: Clarington Council request the Region of Durham to support farmers by passing a by -law to apply a tax ratio of 0.15 instead of 0.25 for the farm property class before April 30, 2005, as outlined under the Assessment Act 2002.c.33.s.153. " Summary of Correspondence - 11 - June 28, 2004 AND "WHEREAS for the first time in history, net farm income levels are expected to hit negative levels; AND WHEREAS farmers' net income in Ontario is down 44% since 2002 and continuing challenges to the agriculture sector have made the expectation of a profit impossible; AND WHEREAS farmers in the Municipality of Clarington and across Ontario are facing higher costs in order to comply with safe water requirements and the Nutrient Management Act; AND WHEREAS farmers in the Municipality of Clarington are experiencing escalating assessments, on average 35% more than all other assessments in the Region; AND WHEREAS farmers also face higher input costs, particularly for hydro, fuels, labour and transportation; AND WHEREAS farms in the urban fringes are being unfairly penalized; AND WHEREAS the future of farmers in Clarington and throughout Ontario has been devastated by fallout from BSE, the loss of export markets for livestock and other food products, as well as lower prices for farm commodities; THEREFORE BE IT RESOLVED THAT: Clarington Council request the Province of Ontario to roll back farm property assessments to June 2001, and keep assessments frozen until the Municipal Property Assessment Corporation (MPAC) develops clear processes and procedures for determining agricultural assessments in the GTA that are aimed at keeping agricultural land in production." (Motion for Direction) D - 10 Confidential Property Matter D - 11 Confidential Personnel Matter (Motion to refer correspondence to the end of the agenda to be considered during a "closed" session) (Motion to refer correspondence to the end of the agenda to be considered during a "closed" session) D - 12 Pat Madill, Regional Clerk, Regional Municipality of Durham, regarding the Region's smoking by -law. (To be circulated under separate cover) SUMMARY OF BY -LAWS JUNE 28, 2004 BY -LAWS 2004 -157 being a by -law to authorize entering into an Agreement with the Owners of Plan Subdivision 18T -87085 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -87085 (Approved by Council January 15, 1990) 2004 -158 being a by -law to appoint individuals as Parking Enforcement Officers for Private Property (Item #23 of Report #1) 2004 -159 being a by -law to appoint individuals as Parking Enforcement Officers for Private Property (Item #23 of Report #1) 2004 -160 being a by -law to appoint individuals as Parking Enforcement Officers for Private Property (Item #23 of Report #1) 2004 -161 being a by -law to appoint individuals as Parking Enforcement Officers for Private Property (Item #23 of Report #1) 2004 -162 being a by -law to appoint individuals as Parking Enforcement Officers for Private Property (Item #23 of Report #1) 2004 -163 being a by -law to authorize the execution of an Agreement between Rogers Cable Communications Inc. and the Corporation of the Municipality of Clarington (Item #15 of Report #1) 2004 -164 being a by -law to authorize the execution of a Boundary Road Agreement with the Corporation of the Township of Scugog (Item #16 of Report #1) 2004 -165 being a by -law to authorize the execution of a Boundary Road Agreement with the Corporation of the City of Oshawa (Item #16 of Report #1) 2004 -166 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Gold Mutt/Mutt Enterprises Limited) (Item #31 of Report #1) 2004 -167 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Item #3 of Report #1) 2004 -168 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (The Waltzing Weasel) (Item #11 of Report #1) BY -LAWS 2004 -169 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Waste Management of Canada Corporation) (Item #14 of Report #1) 2004 -170 being a by -law to provide for the establishment and adoption of an Emergency Management Program for the Municipality of Clarington (Item #20 of Report 1) 2004 -171 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Dynex Construction Ltd., Concord, Ontario, to enter into agreement for the Bowmanville Creek Erosion Protection, Live Crib Wall Construction (Item #27 of Report #1) 2004 -172 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and I.D.G. Illumination Design Group, Newmarket, Ontario, to enter into agreement for the Supply only of Decorative Streetlights and Bollards, Bowmanville (Item #2 (c) of Report #1) 2004 -173 being a by -law to approve the expropriation of the portion of Part Lot 31, Concession 1, former Township of Clarke, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described in Instrument No. N163487 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) save and except Part 1 shown on Plan 40R- 20274, and save and except Part 2 shown on the draft plan of survey contained in Schedule 1 hereto on behalf of the Council of the Municipality of Clarington as the approving authority under the Expropriations act, and to authorize the Mayor and Clerk to execute a Certificate of Approval under the aforesaid Act (Report PSD- 085 -04) 2004 -174 being a by -law to approve the expropriation of the portion of Part Lot 31, Concession 1, former Township of Clarke, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described in Instrument No. N163487 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) save and except Part 1 shown on Plan 40R- 20274, and save and except Part 2 shown on the draft plan of survey contained in Schedule 1 hereto, for the purposes of a community park pursuant to the Municipal Act, 2001, S.O. 2001 (Report PSD- 085 -04) BY -LAWS 2004 -175 being a by -law to authorize the Mayor and Clerk on behalf of the Municipality of Clarington to execute an expropriation plan of the portion of Part Lot 31, Concession 1, former Township of Clarke, now in the Municipality of Clarington, Regional Municipality of Durham, which land is more particularly described in Instrument No. N163487 registered in the Land Registry Office for the Land Titles Division of Durham (No. 40) save and except Part 1 shown on Plan 40R- 20274, and save and except Part 2 shown on the draft plan of survey contained in Schedule 1 hereto in accordance with Section 9 of the Expropriation Act (Report PSD- 085 -04) 2004 -176 being a by -law to declare the lands more particularly described as five portions of Block 77, 10M -784, Part Lot 15, Concession 1, former Township of Darlington, to be surplus (Report PSD- 086 -04) 2004 -177 being a by -law to authorize the sale and transfer to the abutting properties owners of 94, 96, 98, 100, and 102 Penfound Drive five separate portions of Block 77 on 10M -784, Part Lot 15, Concession 1, former Township of Darlington (Report PSD- 086 -04) 2004 -178 being a by -law to adopt Amendment No. 33 to the Clarington Official Plan (Item #10 of Report #1) 2004 -179 being a by -law to adopt Amendment No. 34 to the Clarington Official Plan (Item #10 of Report #1) 2004 -180 being a by -law to amend By -law 90 -130, a by -law designating lands within the corporate limits of the Municipality of Clarington as a site plan control area, defining classes of development that may be undertaken without the approval of certain plans and drawings, and delegating power and authority to the Directors of Planning Services and Engineering Services (Notice of Motion) 2004 -181 being a by -law to authorize a second lease amending agreement between the Corporation of the Municipality of Clarington and Canadian Waste Services Inc. (Report COD - 043 -04) 2004 -182 Confidential Property Matter (Confidential Report PSD- 084 -04) 2004 -183 Confidential Property Matter (Confidential Report PSD- 092 -04)