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HomeMy WebLinkAbout04/28/2003 , , . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON April 28, 2003 Minutes of a regular meeting of Council held on April 28, 2003, at 7:00 p.m., in the Council Chambers, Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G, Robinson Councillor Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Supervisor, Operations Division, G, Ashton (until 8:30 p.m,) Director of Engineering Services, T. Cannella (until 8:30 p.m.) Director of Community Services, J. Caruana (until 8:30 p.m,) Director of Emergency Services, M. Creighton (until 8:30 p.m,) Director of Planning Services, D. Crome Director of Corporate Services, M. Marano (until 8:30 p.m.) Director of FinancelTreasurer, N, Taylor (until 8:30 p.m.) Confidential Secretary to the Municipal Clerk, H. Keyzers (until 8:30 p,m.) Deputy Clerk, M. Knight Stanley DISCLOSURES OF PECUNIARY INTEREST MINUTES There were no disclosures of pecuniary interest stated at this meeting. Resolution #C-238-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on April 14, 2003, be approved. "CARRIED" , - , Council Minutes PRESENTATION ANNOUNCEMENTS DELEGATIONS - 2- April 28, 2003 Resolution #C-239-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the presentation of the 2002 Heritage Community Recognition Award to Janie Dodds be rescheduled to a later meeting. "CARRIED" Mayor Mutton advised Council that Metroland Publishing will be publishing Letters of Support from Mayor Mutton, Regional Chairman Anderson, labourers and business leaders advising that we want ITER, Endorsement letters will be couriered to Members of Parliament. The Mayor announced that the Ottawa bus ads will start running next week and that he will be calling The Honourable Jim Flaherty's office to discuss his offer to set up a meeting with the Federal MPs and the scientific community, Mayor Mutton also advised Council that the Federal Cabinet will be meeting in Toronto on Tuesday, Darlene Matthews and Ron Worboy appeared on behalf of Terry Gray, Clarington Community Living, 132 Church Street, Bowmanville, L 1 C 1T5, requesting Council to grant them permission to use a portion of the vacant library, Clarington Community Living helps disabled people become fully contributing members of the community. They opened their doors in 1997 and currently have 35 full time members. They estimate for the future they will need space to accommodate 75 full time members. Last October the Clarington Project approached Council for additional space, They currently share 132 Church Street with the youth group which is working tremendously well despite the lack of storage space. The group is asking Council for their support to continue and they are requesting that the Clarington Project receive top priority when it comes to the allocation of the old library space. . Council Minutes DELEGATIONS . . - 3 - April 28, 2003 Dan Zegers, 3681 Concession Road 4, Orono, LOB 1MO, circulated background information to Council prior to the meeting. Mr. Zegers appeared before Council requesting that the order to restrain placed on two of Mr. Farkas' dogs be upheld. Mr. Farkas has "10 mixed interbred, unlicensed, unvaccinated, raw flesh eating, blood thirsty" dogs located at 3758 Moffat Road where he is living without the owner's permission, These dogs, on at least four occasions, have been running loose as far as the 5th Concession. Mr. Zegers shudders to think of what may happen should anyone of these blood tasting dogs stumble across a child playing in the yard, let alone their livestock. How can a "squatter" have his animals where ever he pleases and a land owning, taxpayer must keep their young calves in a barn for protection, What diseases are these dogs carrying after a steady diet of raw flesh, no vaccinations and tied to a tree or stump? Mr. Zegers understands that in Clarington anyone who has more than three dogs must apply for a kennel license and permit, as well as meet all required standards for a kennel. Does this apply to only certain areas within Clarington? Does Mr. Farkas comply or is he exempt? This evening Council has the opportunity to show the residents of Clarington that even though the process that is in place does take a long time, justice will prevail. Dez Farkas, P .0, Box 605, Orono, LOB 1 MO, provided Council with a background of where he came from, Mr. Farkas came to Canada from Australia in 1975. He moved in 1998 to the Loyola Park located on Moffat Road and he lived there year round, He purchased a dog to stop the vandalism which was occurring on this property, He obtained this dog from the animal shelter. The following year he purchased another dog and allowed the two to mate, Mr. Farkas stated that he needed at least three dogs to help protect the 132-acre property. He also stated that he was thinking about taking up dog sledding at the time. Mr. Farkas stated that he wanted to promote the park and began breeding animals for his petting zoo. These animals included cats, rabbits, chickens and goats, Unfortunately the owners of Loyola Park sold the property a few years later. Mr. Farkas was told that he needed to vacate the property. The last six months have been very challenging for Mr. Farkas and he looked towards his neighbours for help, He was very surprised to hear the reactions of the Zegers. Mr. Farkas stated that his dogs are all very friendly and that he believed that the 3-dog limit only applied to residential areas and a kennel licence is only needed for purebred dogs. He advised Council that he has purchased licences for 8 of his dogs that cost him well over $200.00. . . . Council Minutes DELEGATIONS COMMUNICATIONS 1-2 P14,GE 1-4 P17.GE - 4- April 28, 2003 Evylin Stroud, 89 Little Avenue, Bowmanville, L 1 C 1 J9, appeared before Council regarding Report PSD-038-03. Ms. Stroud advised Council that she had missed the public meeting pertaining to this report. She concurs with the recommendations contained in Report PSD-038-03 and requests Council not to defer from staff's recommendations. Ms. Stroud gave a brief history regarding the development of the adjoining neighbours, Tim Hortons and Wendy's. Previous Council went against staff recommendations and allowed an entrance and exit directly onto Regional Road #57. Ms. Stroud states that it has been a miracle that there hasn't been an accident at this location. She has witnessed people turning left out of the exit onto Regional Road #57 when you are only permitted to turn right. Also when the drive-in is busy, people backup onto Regional Road #57 which is very dangerous for drivers. Should the developer request any other kind of exit or entrance which is not specified in Report PSD-038-03, Ms. Stroud is requesting Council to deny it. Resolution #C-240-03 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved with the exception of Items I - 1, I - 3, I - 5, I - 8, I - 9 and I - 10. "CARRIED" Richard G. Stinson, Director of Legislative Services, the Corporation of the Town of Cobourg, extending appreciation to the Municipality of Clarington for providing temporary animal shelter services during the period that the new Shelter of Hope was being constructed in the Township of Hamilton. (Received for Information) John O'Toole, MPP, Durham, providing Council with a copy of a letter from the Honourable Robert Runciman, Minister of Public Safety and Security regarding Council's concerns over the need for courthouse accommodation. Minister Runciman has forwarded these concerns to the Honourable Norm Sterling, Attorney General for his consideration, (Received for Information) . . . Council Minutes COMMUNICATIONS 1-6 C06,GE 1-7 P03.GE 1-11 D03,WE I - 1 C06,GO 1-3 A01.GR - 5 - April 28, 2003 Minutes of the Central Lake Ontario Conservation Authority meeting dated March 18, 2003, (Received for Information) Administrative Assistant, Directorate of Operational Strategies, Regulatory Standards and Research Division, Canadian Nuclear Safety Commission (CNSC), inviting Council to comment on draft Regulatory Guide C-217, Licensee Public Information Programs, The proposed document is intended to help CNSC licensees and licence applicants develop and implement a public information program where it is required by the applicable regulations of the CNSC, (Received for Information) J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, providing Council with copies of the Great Lakes Wetlands Conservation Action Plan Update and Highlights Report. (Received for Information) Minutes of the GO Transit meeting dated March 14, 2003. Resolution #C-241-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 1 be received for information. "CARRIED" Karen Campbell, President and CEO, Greater Toronto Marketing Alliance, providing Council with the Greater Toronto Marketing Alliance's 2002 Annual Report. Resolution #C-242-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item I - 3 be referred to staff for a report identifying the cost pertaining to the Greater Toronto Marketing Alliance and the benefits derived from it. "CARRIED" . . . Council Minutes COMMUNICATIONS 1- 5 T03,GE 1-8 1- 9 - 6- April 28, 2003 Jim Schultz, President, Enbridge Gas Distribution Inc., advising Council of a recent Provincial financial incentive that will make the cost of purchasing natural gas buses less expensive than diesel buses. The financial incentive combined with the many environmental benefits make natural gas buses an optimal choice. In comparison to diesel, na.lural gas buses emit 50% less nitrogen oxides, 90% less sulphur oxides and 97% less small particulate, Resolution #C-243-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Correspondence Item 1-5 be referred to staff. "CARRIED" Michael Stephenson, A1Regional Director, Civil Aviation, Ontario Region, informing Council of the new developments and upcoming events concerning the Pickering Airport Site and the enactment of federal Airport Zoning Regulations (AZR). Mr. Stephenson is inviting Council to attend one of the Open Houses they are holding, Resolution #C-244-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 8 be received for information, "CARRIED" P,M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham, on April 16, 2003, passed the following resolution: "a) THAT the design and installation of a traffic control signal on King Street (Regional Highway 2) at Centerfield Drive, in Courtice, at an estimated cost of $100,000 (including net GST) proceed as part of the 2003 Signal Installation Program to be operational by year end, subject to: i) Receiving a 25% funding contribution from Tim Hortons Restaurants in the amount of $25,000; and . . . Council Minutes COMMUNICATIONS 1- 10 A01.CE -7- April 28, 2003 ii) That the Region's share of $75,000 be provided from the 2003 Capital Road Program Budget, Item No. 75 - Contingencies (Development Related) Residential Development Charges Commercial Development Charges General Levy $40,978 7,400 26,622 TOTAL FINANCING ~75.000 b) THAT a copy of Report #2003-W-49 of the Commissioner of Works be forwarded to the Municipality of Clarington," Resolution #C-245-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item 1-9 be received for information, "CARRIED" J,R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, advising Council that the Central Lake Ontario Conservation Authority Board of Directors on April 15, 2003, passed the following resolution: 'THAT the Draft 2003 Budget Estimates totaling $3,536,100 be approved as presented; THAT the Region of Durham be requested to approve an operating levy of $1,568,000 and approve a regional capital levy in the amount of $468,000; THAT projects outlined in the Budget Report be adopted as projects of the Authority; and THAT copies of the 2003 Budget Report be distributed to the Region of Durham and member municipalities for their information on projects and programs of the Central Lake Ontario Conservation Authority." . . . Council Minutes COMMUNICATIONS D - 1 M02,GE D-2 M02.GE - 8 - April 28, 2003 Resolution #C-246-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 10 be received for information. "CARRIED" Correspondence Items D - 11 and D - 12 were received as handouts. Resolution #C-247-03 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT the Correspondence Items for direction be approved as per the agenda with the exception of Items D - 4 and D - 9 to D - 12, inclusive, "CARRIED" Steven Finlay, Executive Director, The OshawalClarington Association for Community Living, requesting Council to proclaim the month of Mayas "Community Living" month. Their mission statement articulates "a community where everyone belongs". By approving this declaration, Council will be showing their commitment to individuals with a developmental disability and their families, that their community is supportive in their aspirations to live and work in Clarington. (Proclaimed) Wendy Szego, Employment Services Administrative Assistant, The Canadian Hearing Society, requesting Council to proclaim Mayas "Hearing Awareness Month". This is an occasion to promote public awareness of the needs of deaf, deafened and hard of hearing Canadians, and to emphasize the importance of protecting our hearing, During Hearing Awareness Month, national, provincial and regional organizations will be working together to dispel the myths and stereotypes of individuals with hearing loss, Their goal is to increase awareness and to promote programs and services designed to ensure equal access for all deaf, deafened and hard of hearing Canadians. (Proclaimed) . . . Council Minutes COMMUNICATIONS D-3 M02,GE D-5 C10,MO D-6 M02.GE - 9 - April 28, 2003 Darlene Matthews, Activity Centre Facilitator, The Clarington Project, requesting Council to hoist their banner across King Street at the west entrance into Bowmanville from May 1 - 31, 2003. This banner would state "May is Community Living Month". The Clarington Project, a project of Community Living, OshawalClarington is an activity centre that supports people with developmental disabilities, Their focus is to help people get directly involved in community activities and utilize the natural resources and connections in Clarington. (Advise Veridian that Council has granted permission to The Clarington Project to install their banner across King Street at the west entrance into Bowmanville during Community Living Month) P.M, Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on April 16, 2003, passed the following resolution: "a) THAT the Regional Works Department be directed to monitor activity on the Regional Roads related to farm vehicle and equipment movements over the next year to identify trends and issues; monitor the effectiveness of the Clarington initiative; advise and consult with the Durham Agricultural Advisory Committee; and report back in approximately 1 year; and b) THAT a copy of Commissioner's Report No. 2003-P- 40 be forwarded to the Municipality of Clarington and the Clarington Agricultural Advisory Committee for their information." (Correspondence referred to the Director of Engineering) Lori Armour, Corporate Special Event Coordinator, Heart and Stroke Foundation of Ontario, requesting Council's permission to hold the Big Bike For Stroke in Bowmanville on Sunday, May 25, 2003. The Big Bike is a 30-person bike that teams ride after raising pledges, Last year the Bowmanville Big Bike day raised over $11,000. They will only be using one lane of traffic off and on throughout the day and it is not a full lane closure but a slowing of traffic. There will also be a police escort for each of the rides. . . . Council Minutes COMMUNICATIONS D-7 M04.GE D-8 COPA.2002.002 ZBA.2002.004 D-4 M02.GE - 10- April 28, 2003 The times for the event this year will be approximately from 10:00 a.m. to 4:00 p.m, with the centralized location being Kelsey's. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Department) Employees of Goodyear Bowmanville, providing Council with 81 signed letters expressing their displeasure at the unfair treatment aimed at Goodyear over the recent complaints about carbon black and the apparent lack of support from their elected officials. The Ministry of Environment needs to use a common sense approach that takes both sides of the situation into account. Many generations of Bowmanville people have worked at the Goodyear plant and Goodyear has contributed much to this community over the years. They do not want to lose their jobs because of a few dissenting neighbours who have unrealistic expectations and seem hell-bent to have the plant closed, and take away the livelihood of in excess of 1000 people (employees and dependants) in the community. (Items of correspondence to be forwarded to the Ministry of the Environment) Stephen D'Agostino, Thomson, Rogers, advising Council that they are the solicitors for the Bowmanville Mall and that their clients have objections to the proposed Official Plan Amendments and Zoning Amendments pertaining to West Diamond Properties Inc, and Players Business Park Limited, Report PSD-040-03. (Correspondence referred to the Director of Planning Services) Anne Buston, Director, Public Relations, Canada Post, requesting nominations to the Canada Post Literacy Award. In Canada, people are fortunate to possess many literacy champions. Among them are individuals who, despite great challenges, strive to improve their abilities and master new literacy skills. There are also the educators and literacy organizations dedicated to helping those eager to learn and finally, committed business leaders who support literacy programs in their workplace or community. Nominations are due May 30, 2003. . . . Council Minutes COMMUNICATIONS D-9 C10.MO - 11 - April 28, 2003 Resolution #C-248-03 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT Correspondence Item D - 4 be referred to the Municipal Clerk to place a notice in the local newspaper. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-249-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the foregoing Resolution #C-248-03 be amended by adding the following thereto: 'THAT a copy be forwarded to the Library Board." "CARRIED" The foregoing Resolution #C-248-03 was then put to a vote and "CARRIED AS AMENDED." Mark Holland, Regional Councillor, City of Pickering, advising Council that the City of Pickering on April 7, 2003, passed the following resolution: "WHEREAS the Municipality of the City of Pickering lies entirely within the Region of Durham; and WHEREAS municipal governance of Pickering is shared between the Corporation of the City of Pickering and the Corporation of the Region of Durham; and WHEREAS almost all volunteer, not-for-profit and other local organizations based in Pickering share resources within Durham, not Toronto; and . . . Council Minutes COMMUNICATIONS - 12- April 28, 2003 WHEREAS the Federal Electoral Boundaries Commission for Ontario is charged with the responsibility of establishing new ridings on the basis of community of interest while maintaining a riding population that does not significantly deviate from the Provincial quotient as determined by the 2001 census; and WHEREAS the Region of Durham has 506,901 residents as of the 2001 Census and with a Provincial quotient of 107,642 means five ridings would generate a 5.8% deviation; and WHEREAS deviations of up to 8-9% are not at all uncommon in urban Ontario ridings; and WHEREAS the Region of Durham is growing rapidly and will be significantly under-represented by 2014 when the next redistribution will occur if left with only four and one half ridings; and WHEREAS the Federal Electoral Boundaries Commission for Ontario held a public hearing at which various proposals were submitted that allowed for five ridings in Durham and stressed the community of interest that was shared across the Region; and WHEREAS at no time during the public hearings or through the course of any discussion did the concept of splitting Pickering with Toronto ever arise; and WHEREAS the Federal Electoral Boundaries Commission of Ontario, through the Chief Electoral Officer, transmitted to the Speaker of the House of Commons its Report which was tabled in the House of Commons on March 26, 2003, by the Speaker and referred to the Standing Committee on Procedure and House Affairs; and WHEREAS in its Report, the Boundaries Commission sent most of urban Pickering to Scarborough and the remainder of Pickering to Ajax; and WHEREAS the Corporation of the City of Pickering and its residents do not share a community of interest of any kind with the former City of Scarborough; and . Council Minutes - 13 - April 28, 2003 COMMUNICATIONS WHEREAS Federal and Provincial representation for Pickering will be vastly diminished by having huge constituencies that lie outside of Pickering; and WHEREAS public hearings are concluded and the only method of achieving change is provided for in Section 22 of the Electoral Boundaries Readjustment Act which allows the filing of objections to the Report with the Clerk of the Committee within 30 days of the Commission's Report being referred to the Standing Committee; and WHEREAS the filing of such objections can only be in the form of a motion signed by not less than 10 members of the House of Commons; . NOW THEREFORE the Council of the Corporation of the City of Pickering hereby expresses its absolute objection to the recommendation to divide Pickering as proposed in the Report tabled with the Speaker of the House of Commons; and THAT the Clerk of the Corporation of the City of Pickering write the Clerk of the Standing Committee on Procedure and House Affairs advising of the City of Pickering's objections to the Report and that a letter also be sent to all Ontario M.P.'s advising them of Pickering's concerns and requesting that they support a motion to object to the changes; and THAT the proposal offered by the vast majority of Durham M.P.'s, M.P.P.'s, Mayors and Councillors be considered as an alternative with the inclusion of the Township of Brock and any minor revisions necessary to mitigate a major deviation from the electoral quotient; and THAT the Township of Brock be requested to write to the Clerk for the Standing Committee and the Federal Electoral Boundaries Commission for Ontario by April 21, 2003 with a full retraction of its Council's earlier comments that it does not share a community of interest with Durham Regions; and . THAT the Council of the Township of Brock be further requested to send an endorsement of its inclusion within the Region of Durham for the purposes of establishing electoral boundaries to the same parties outlined in the prior operative clause; and . . . Council Minutes COMMUNICATIONS D -10 F11.GE - 14 - April 28, 2003 THAT the Council of the Township of Brock be further requested to advise the Corporations of the City of Pickering and the Region of Durham, should it decide to maintain its position, that it does not share a community of interest with Durham Region; and THAT this motion be circulated to the Region of Durham for its endorsement at its meeting of April 16, 2003; and THAT this motion be further circulated to: All area Mayors, M,P.'s and M.P.P.'s." Resolution #C-250-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 9 be received for information. "CARRIED" Doug Cavanaugh, President, Durham Regional Police Association, requesting financial support to help send 24 members to the World Police Fire Games. Members of the global Police and Fire Services meet together as athletes in the spirit of competition and camaraderie at the World Police Fire Games, This July, the 10th anniversary of these games will take place in Barcelona, Spain, Participation will be in a variety of sports including karate, triathlon, wrestling, volleyball and basketball. Resolution #C-251-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Doug Cavanaugh be advised of the Municipal Grant Process and advised that no further funds are available at this time. "CARRIED" - . tt Council Minutes COMMUNICATIONS D -11 D-12 - 15- April 28, 2003 Mr. Dana Grant, The Friendly Landlord, requesting an exemption from the Interim Control By-law with respect to 234 King Street East, Bowmanville. Mr. Grant's potential tenant, Mr. Adam Gibson, wished to locate his businesses without their remaining vacant unit on the ground floor. He is eager to have Mr. Gibson as a tenant, as this space has been vacant for over a year and Mr. Gibson is prepared to take immediate possession. Resolution #C-252-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item D - 11 be referred to the Director of Planning Services, "CARRIED" Clay Taylor, President, North Clarington Ratepayers Association Inc., writing to Council regarding Report CLD-018-03, Mr. Taylor requests the following: 1, That the Municipality of Clarington not repeal the by-law in question; 2. That the Municipality of Clarington defers this matter to a later date due to the magnitude of its importance; 3, That the Mayor and the local and regional councillors for the Mosport area, meet with the writer for an informal discussion on the issues with respect to this by-law; and 4. That Council, in deferring this matter to a later date, will hear a presentation from the North Clarington Ratepayers Association with respect to these issues. Resolution #C-253-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item D - 12 be dealt with later in the meeting to be considered during the approval of Report #1, "CARRIED" . . . Council Minutes REPORTS Report #1 G,P.A. Report April 22,2003 - 16- April 28, 2003 Resolution #C-254-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken by the General Purpose and Administration Committee on April 22, 2003, be approved with the exception of Item #12. "CARRIED" Resolution #C-255-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Report CLD-018-03 be received; WHEREAS Mosport Park has been operating within the Municipality of Clarington since 1961; AND WHEREAS Mosport Park is a large supporter of community events within the Municipality of Clarington; AND WHEREAS Mosport Park employs many municipal residents and provides customers for many local businesses through events held at their facility; AND WHEREAS, in response to concerns of local residents, the Municipality of Clarington passed by-laws setting maximum levels of audible sound at monitoring locations around Mosport Park; AND WHEREAS the by-laws were passed in 1997, initially in response to concerns that were brought forward stemming from the Edenfest concert; AND WHEREAS Mosport Park is unable to continue its racing activities if required to meet the restrictions outlined in these various by-laws; NOW THEREFORE BE IT RESOLVED THAT municipal staff be directed to prepare a by-law to repeal the by-laws relating to the setting of sound levels related to racing activities at Mosport Park; and . Council Minutes - 17- April 28, 2003 REPORTS THAT Mosport Park be advised of Council's decision. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-256-03 Moved by Councillor Robinson, seconded by Councillor Trim THAT the foregoing Resolution #C-255-03 be amended by adding the following thereto: ''THAT staff meet with Myles Brandt, Mosport Park and Clay Taylor, North Clarington Ratepayers Association Inc. to discuss Mr. Taylor's issues." "CARRIED" . The foregoing Resolution #C-255-03 was then put to a vote and "CARRIED ON THE FOLLOWING RECORDED VOTE:" Recorded Vote Declaration of Pecuniary Council Member Yea Nav Interest Absent Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mavor Mutton X . . r. / 4' Council Minutes REPORTS Report #2 - 18- April 28, 2003 Resolution #C-257-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report CLD-020-03 be received; and THAT the order to restrain served on Dez Farkas be upheld, "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-258-03 Moved by Councillor Schell, seconded by Councillor Pingle THAT Resolution #C-257-03 be amended by adding the following wording thereto: "with the exception of the requirements to have the dogs permanently identified by microchip implantation and to muzzle the dogs", "CARRIED" The foregoing Resolution #C-257-03 was then put to a vote and "CARRIED AS AMENDED," UNFINISHED BUSINESS Resolution #C-259-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the Confidential verbal reports from the Solicitor regarding legal matters be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" . . . Council Minutes - 19- April 28, 2003 UNFINISHED BUSINESS BY-LAWS Resolution #C-260-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the delegation of Darlene Matthews and Ron Worboy, Clarington Community Living be referred to staff to investigate the possible use of the old Library. "CARRIED" Resolution #C-261-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-laws 2003-049 to 2003-061, and that the said by-laws be now read a first and second time: 2003-049 being a by-law to exempt a certain portion of Registered Plan 40M-2066 from Part Lot Control 2003-050 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 2003-051 being a by-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington 2003-052 being a by-law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington 2003-053 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington 2003-054 being a by-law to establish, layout and dedicate certain lands as public highways in the Municipality of Clarington . Council Minutes - 20- April 28, 2003 BY-LAWS 2003-055 being a by-law to amend By-law 2004-44, being a by-law to establish the Transitional Board of Management to operate Museums on its behalf - Clarington Museum Transitional Board 2003-056 being a by-law to amend By-law 2002-045, being a by-law to establish the Board of management to operate Museums on its behalf - Clarington Museum Board 2003-057 being a by-law to repeal By-law No. 97-124, a by-law to amend By-law No. 89-184, as amended, a by-law to prohibit noises likely to disturb the inhabitants of the Municipality of Clarington . 2003-058 being a by-law to repeal By-law No. 97-125, a by-law to amend By-law No. 78-50, as amended, respecting the holding of certain public entertainment, festivals and parades within the Municipality of Clarington 2003-059 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Urban Strategies Inc., Toronto, Ontario, to enter into an agreement for the Bowmanville King Street East Corridor Study 2003-060 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Pannell Kerr Forester Consulting, Toronto, Ontario, to enter into an agreement for the Hotel Accommodation Study 2003-061 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle "CARRIED" . . . . Council Minutes BY-LAWS OTHER BUSINESS Appointments to the Accessibility Advisory Committee Regional Update - 21 - April 28, 2003 Resolution #C-262-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2003-049 to 2003-061, inclusive, be approved. "CARRIED" Resolution #C-263-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the following individuals be appointed to the Clarington Accessibility Advisory Committee: Katrina Bradford Brian Duffey Tim Hick David John Kelly Keith Kelly Shannon Leveille Patricia Rundle Evylin Stroud Suzanne Wortman Walter Alan Zutell; and THAT Councillor Rowe be appointed to the Committee as Council's liaison. "CARRIED" Councillor Schell advised that the Archibald's application has successfully passed the Planning Committee stage and will be forwarded to Regional Council. Councillor Trim advised that he attended the Health and Social Services meeting last week and reviewed the architectural design for the Lakeview senior's long-term 150-bed facility, which is scheduled to open in 2005. He also advised that he sat on the Durham Police Panel at Durham College and had the opportunity to assess different police officers and their teams, . . . Council Minutes - 22- April 28, 2003 OTHER BUSINESS Mayor Mutton advised Council that this Wednesday the Region will be dealing with university funding and a hybrid recommendation will be coming forward. Councillor MacArthur advised Council that he attended the Samuel Wilmot Nature Area Earth Day Celebrations, They unveiled the new snake hibernacula. The Bowmanville Museum Board will be celebrating their Spring Spree Open House on May 2, 2003. Local wineries will be offering tastes of their wines along with a selection of cheese. Musical entertainment will be provided by a local artist. The Museum will have on display the Earl Pascoe Clock Collection. The Pascoe collection features over 80 unique timepieces from all over the world, Of particular note in the collection are three clocks from the Canada Clock Company and a Twiss Brothers Post Office Clock made of all wooden parts in the 1830's. Councillor Pingle advised that the Tyrone Hall will be holding their euchre night on May 24, 2003, a Yuk Yuks event on May 31, 2003, and Spirit Day on June 21,2003, The Clarke Museum will be having a book sale on May 10, 2003 and a dinosaur mobile from May 23 - 30, 2003. The Boy Scouts and Cubs Energy and Environmental Program sponsored by Ontario Power Generation will be held on April 30, 2003. Also on April 30, 2003, the rain barrel distribution with the Friends of Second March will occur. On May 3, 2003, Scouts for trees will take place. Councillor Pingle attended the Bowmanville Marsh Workshop on April 23, 2003. She noted that it was well attended and very productive. This morning she attended the Durham Region Labour Council Day of Mourning at the Oshawa City Hall Civic Square. Councillor Ping Ie congratulated St. Mary's Cement on publishing their first newsletter, which has a biography of the Plant Manager, Fabio, a marsh update and blasting information. Councillor Rowe advised that the Courtice Business Association will be having their next meeting on May 7, 2003, and Dr. Murray Stuart will be attending the meeting to give the Committee an update on the ITER bid. The Central Lake Ontario Conservation Authority will be holding the Long Sault Conservation Management Plan open house and Draft Stage 1 Report Information Session on May 10, 2003. The Central Lake Ontario Conservation Authority along with the Oak Ridges Moraine are helping to fund the project quick win at the Hockridge Farm, a private landowner stewardship initiative, Boards and Committees Update . Council Minutes - 23 - April 28, 2003 OTHER BUSINESS Councillor Schell reminded Council that this Saturday the Bowmanville Business Improvement Association will hold their annual Maple Festival and All That Jazz event. Councillor Trim advised that the Massey Show will be held on June 21 and 22, 2003, in Newcastle. He attended a meeting held by the Newcastle Bondhead Ratepayers Association with guest speaker Mark Peacock last week. The Bethesda House addition is well underway and an official opening will be held in the next couple of months, Councillor Robinson advised Council that over the past two weeks he has received numerous phone calls from Wilcox Road residents. Councillor Robinson stated that Council needs to come up with some kind of a solution and that the residents of this area are dealing with an unreasonable situation with dirt bikes, Councillor Robinson requested that the Mayor contact the Durham Regional Police. . Mayor Mutton advised Council that he spent a good portion of the weekend with the Durham Regional Police in the Ganaraska Forest dealing with dirt bikes, Police charged an individual with a stolen dirt bike and a license under suspension. Councillor Trim advised Council that on Thursday, April 24, 2003, he and the Director of Operations traveled to Mississauga to attend the "Don't be a Litterbug" session. Resolution #C-264-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Council recess for five minutes and reconvene in a "closed" session to consider the two confidential verbal reports from the Solicitor regarding legal matters. "CARRIED" , . Council Minutes - 24- April 28, 2003 OTHER BUSINESS Resolution #C-265-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" CONFIRMING BY-LAW Resolution #C-266-03 Moved by Councillor MacArthur, seconded by Councillor Pingle . THAT leave be granted to introduce By-law 2003-062 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 28th day of April 2003, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-267-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2003-062 be approved. "CARRIED" . . . . Council Minutes ADJOURNMENT - 25- April 28, 2003 Resolution #C-268-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 9:15 p,m. "CARRIED"