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HomeMy WebLinkAbout06/02/2003 . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON June 2, 2003 Minutes of a regular meeting of Council held on June 2,2003, at 1 :00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana (attended until 1 :20 p.m.) Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Operations, F. Horvath (attended until 1 :20 p.m.) Director of Corporate Services, M. Marano (attended until 1 :20 p.m.) Director of FinancefTreasurer, N. Taylor (attended until 1 :20 p.m.) Confidential Secretary to the Municipal Clerk, H. Keyzers (attended until 1 :20 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated at this meeting. . . . Council Minutes MINUTES COMMUNICATIONS I - 1 D21.GE 1-2 A01.FE 1-3 M02.GE 1-5 C06.GO - 2- June 2, 2003 Resolution #C-300-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on May 12, 2003, be approved. "CARRIED" Resolution #C-301-03 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the communications to be received for information be approved with the exception of Items I - 4, I - 8, I - 10 and I - 16. "CARRIED" John O'Toole, MPP, Durham, writing to The Honourable Jim Flaherty, requesting Minister Flaherty to arrange a meeting between representatives of the municipality and scientific/technical experts for the Province of Ontario pertaining to the Iter project. (Received for Information) Federation of Canadian Municipalities (FCM), advising Council that FCM and the Railway Association of Canada (RAC) signed a memorandum of understanding on April 30, 2003. It is designed to build common approaches to the prevention and resolution of issues that arise between railways and communities. The agreement is particularly timely, given Canada's population growth, growing concern over greenhouse gas emissions, and increased reliance upon rail for moving freight and passengers. (Received for Information) Gregory Smith, Senior Vice President, Ontario Power Generation, thanking Mayor Mutton for speaking at their Day of Mourning ceremony. (Received for Information) Minutes of the GO Transit meeting dated April 11, 2003. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-6 P01.HU 1-7 C06.VI 1- 9 C06.SA I - 11 P16.GE 1- 12 F22.GE 1- 13 C10.MO - 3 - June 2, 2003 Ed Binsted, Secretary, Orono Fish and Hunt Club, advising Council that the Orono Fish and Hunt Club were approached by Constable Steve Cody of the Royal Canadian Mounted Police, Bowmanville Detachment, to determine the feasibility of Mr. Cody's 64 man detachment using the Club for the purpose of their Annual Qualification with their handguns. Mr. Cody's request was reviewed and approved by the Club and will occur for three weeks Monday through Friday, stating June 2,2003. (Received for Information) Minutes of the Village of Tyrone and Surrounding Community Centre meeting dated April 26, 2003. (Received for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated May 13, 2003. (Received for Information) The Honourable Norman Sterling, Attorney General, Minister Responsible for Native Affairs, advising Council that they have recently undertaken the most extensive courthouse restructuring initiative in Ontario's history. Since 1996, they have committed more than $269 million to construct and renovate court facilities across the province. With respect to Durham Region, they are now in the process of pursuing a new public-private partnership approach to construct a consolidated courthouse that would bring together all Durham court services into one location. (Received for Information) Robert Richards, President and Chief Administrative Officer, Municipal Property Assessment Corporation, announcing the launch of an Ontario Parcel web site at www.ontarioparcel.ca. The web site features general information, frequently asked questions, delivery schedules, technical and contact information, and more. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on May 7, 2003, passed the following resolution regarding the Province's new direction on Nutrient Management Act Regulations: "a) THAT Commissioner's Report No. 2003-P-45 be received for information; and . . . Council Minutes COMMUNICATIONS 1-14 C06.DU 1- 15 A04.GE 1-17 D21.GE 1-18 C10.MO 1-19 C06.NE -4- June 2, 2003 b) THAT a copy of Commissioner's Report No. 2003-P- 45 be forwarded to the Municipality of Brockton, the Area Municipalities in Durham, the Durham Agricultural Advisory Committee, the Durham Environmental Advisory Committee and the Durham Region Federation of Agriculture." (Received for Information) Minutes of the Durham Nuclear Health Committee meeting dated April 11, 2003. (Received for Information) Alex Penelas, Mayor, Miami-Dade County, Florida, inviting Council to the Ninth Inter-American Conference of Mayors and Local Authorities on June 24 - 26, 2003. The Conference will provide an excellent opportunity to exchange ideas and experiences of great importance for all concerned with the consolidation of democracy and the building of local government in our hemisphere. (Received for Information) Robert Hann, President, Valiant Property Management, writing to The Right Honourable Jean Chretien, Prime Minister, requesting that the Government of Canada support attracting Iter to the Clarington site by voting to help fund this mega project. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on May 7, 2003, passed the following resolution regarding Cordon Count Program, 2002 FACTS Bulletin: "a) THAT Commissioner's Report No. 2003-P-47 be received for information; and b) THAT a copy of Commissioner's Report No. 2003-P- 47 be forwarded to the Local Municipalities, Minister of Transportation, City of Toronto, Toronto Transit Commission, GO Transit, Region of York, Region of Peel, and the Region of Halton." (Received for Information) Minutes of the Newcastle Community Hall Board dated April 15, 2003. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 20 C10.MO 1-21 D21.GE 1- 22 C10.MO 1- 23 E05.GE 1- 24 C06.PO 1-25 C06.HW 1-26 C06.GA - 5 - June 2, 2003 P.M. Madill, Regional Clerk, Region of Durham, writing to the area municipalities, advising that the Region of Durham passed a resolution on May 7,2003, pertaining to the Annual Solid Waste Management Servicing and Financing Study and proposed 2003 Current and Capital Budget and related financing. (Received for Information) M. de Rond, Clerk, Town of Ajax, writing to The Right Honourable Jean Chretien, Prime Minister, advising that the Town of Ajax on May 12, 2003, endorsed the resolution of the Municipality of Clarington with respect to the Iter project. Ajax Council is very supportive of this project and the benefits of the Durham Region. (Received for Information) Kim Coates, Clerk, Township of Scugog, advising Council that the Township of Scugog on May 12,2003, endorsed the resolution of the City of Pickering regarding the proposed Federal electoral boundaries readjustment, in which they expressed their absolute objection to divide Pickering as proposed in the Report tabled with the Speaker of the House of Commons. (Received for Information) Ontario Power Generation, providing Council with a copy of the Darlington Nuclear Report Card for the first quarter of 2003. (Received for Information) Minutes of the Port Granby Project Community Advisory Committee meeting dated May 1, 2003. (Received for Information) Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated May 7,2003. (Received for Information) Minutes of the Ganaraska Region Conservation Authority Meeting dated April 17, 2003. (Received for Information) . Council Minutes - 6- June 2, 2003 COMMUNICATIONS 1- 27 T03.GO GO Transit Public Affairs Department, advising Council that to celebrate Clean Air Day Canada, GO Transit is teaming up with ten local transit systems for an exciting promotional campaign designed to thank those who already use local transit and encourage those who don't to give it a try. GO Transit, and their local transit partners, are giving away 21 prize packs during the two-week campaign. Each prize pack consists of a GO Transit July monthly pass and free local transit travel for the month of July. (Received for Information) 1- 28 M02.GE Debbie Zimmerman, Regional Chair, Regional Municipality of Niagara and Karen Farbridge, Mayor, City of Guelph, encouraging Council to participate in the Nations in Bloom competition. (Received for Information) 1- 29 M02.GE Mark Brogno, Coordinator, Fund Raising Event, Multiple Sclerosis Society, Ontario Division, thanking Council for their support during the 2003 SuperCities WALK for MS. $28,764.09 was collected on WALK weekend. It can be expected that another few thousand dollars will be mailed or dropped off to their office over the next few weeks, brining the total raised by these four WALKs over their goal of $30,000. . (Received for Information) 1- 30 D21.GE Nuclear Canada, advising Council through their electronic newsletter that Ontario Enterprise Minister Jim Flaherty stated that the Ontario government is a strong supporter of siting the Iter project in Canada. "It's a once-in-a-Iifetime opportunity to be able to purchase a cluster of innovation and a clean energy source," stated Mr. Flaherty. The Minister has voiced his strong support to the federal government, stating that the province of Ontario was prepared to supply half the required funding of Canada's portion of the Iter project. Minister Flaherty stated that, "It is vital that the federal government be a strong and active supporter on the project." (Received for Information) 1-31 R06.GE Lifestyles Health Fitness, Goodlife Fitness, Curves for Women and The Bottom Line, thanking Council for making the commitment that the Municipality will not enter into direct competition with the local fitness industry in new facility construction. (Received for Information) . . Council Minutes - 7 - June 2, 2003 COMMUNICATIONS 1- 32 M02.GE David Pecaut, Chair, Toronto City Summit Alliance, inviting Council to attend the second Toronto City Summit on June 5, 2003, at the Metro Convention Centre. Mr. Pecaut has also provided a copy of "Enough Talk", an action plan for the Toronto Region. (Received for Information) 1-33 P01.MO Christine Stevenson, writing to Council as a positive Mosport neighbour. Ms. Stevenson lives within Y2 km of the track on Concession Road 9, and they were well aware of its operation when they purchased their home. They decided that the days of louder racing that would occur within the months the track operates were not significant enough to prevent them from moving to this beautiful area on the Oak Ridges Moraine. They have been more than happy here and have found that the track gradually came to playa significant and positive role in their lives for the months it operates. They hear the sounds of the cars but the noise only brings positive thoughts to them. Their introduction occurred with people arriving on their doorstep looking for accommodation. They eventually decided, like six other families locally, to operate a Bed and Breakfast business from their home. Guests are thrilled to be able to stay close to the track and their lives are richer for the varied personalities and professions they have encountered. Visitors staying with them eat out in restaurants in Bowmanville, fill their tanks with gas at local gas stations before driving back to the United States, buy groceries for lunches at local grocery stores and firewood from neighbours along the road. They have seen guests go antique shopping to Port Hope and Port Perry before returning home. We may not be able to reduce the noise levels of the cars for the months they run, but we can increase our understanding of the role they play in our economy, and take pleasure in knowing the dollars they create will eventually filter through to our hospitals and other important services to the benefit of us all for years to come. (Received for Information) . 1- 34 P01.MO Paul and Kara Pie Is, advising Council that five and a half years ago they built their home in the shadows of Mosport and they have never had a single moment of regret. They were aware that the track was there but they still built here knowing what was associated with living this close to a race track. They understand noise can be of great concern to some people especially to someone who moves into an area and finds that a race track is being built. This may not be the case of the latest issue of noise since it would mean that the noise issue is forty years old. They would suspect that, like themselves, the track was here before they moved in. . . . . Council Minutes COMMUNICATIONS 1- 35 D21.GE 1-4 A04.GE 1- 8 M02.GE - 8 - June 2, 2003 They have a greater choice of where they live than a race track has the option of where it can set up business. Mosport has been operating since the early sixties and has contributed to the Region in many ways; the biggest contribution would be the revenue that is created by staging races that see fans come from various parts of the world. Mr. and Mrs. Piels were pleased to see that there were strict guidelines put in place for the Edenfest event, that would certainly have been a noisy situation that would have bothered them. Mosport is now only a racing venue and the noise issue is one similar to those living in the flight path of an airport. (Received for Information) Kim Coates, Clerk, Township of Scugog, advising Council that the Township of Scugog on May 12, 2003, endorsed the resolution of the Municipality of Clarington calling on the Federal and Provincial Governments to pursue vigorously and take all necessary steps to successfully attract Iter to Canada. (Received for Information) The Canadian Hearing Society, advising Council that the Canadian Hearing Society is offering free of charge, an opportunity to try the state of the art video conferencing services. Video conferencing is an attractive alternative that will eliminate costly travel and accommodation, eliminate lost time through travel and of course will eliminate all those inconveniences associated with getting together with someone who is a long distance away. Resolution #C-302-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item I - 4 be referred to the Clarington Public Library Board. "CARRIED" The Honourable Lincoln Alexander, Minister of Citizenship, advising Council of the tenth anniversary of the Lincoln M. Alexander Award Program. Commencing in 2003, two secondary school students and one individual between the ages of 16 and 25 whose name has been put forward by the community, will be recognized for their exemplary leadership in eliminating racial discrimination. Mr. Alexander also advises that these awards have been increased from $2,500 to $5,000 each. The deadline for nominations is June 6, 2003. . . . Council Minutes COMMUNICATIONS 1-10 A12.BE 1- 16 - 9- June 2, 2003 Resolution #C-303-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item I - 8 be referred to the Clarington Youth Advisory Committee. "CARRIED' Wil Gonidis, Regional Director, Bell Canada, advising Council that they have received Council's resolution regarding the expansion of the local calling area. However, there are a number of parties impacted by the decision who have raised important questions about implementation of the new process that should be addressed prior to Bell working more closely with the municipality. For example, there is uncertainty with regard to the following issues: which service providers should be required to contribute to a fund to compensate for lost long distance revenues; which would be eligible to receive compensation; and how toll revenue compensation should be computed. These issues will have to be resolved before established local service providers, like Bell, can provide any specific municipality with a final cost analysis or develop any associated pricing impacts on affected constituents. The timing of these resolutions is presently unclear. Resolution #C-304-03 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item I - 10 be referred to the Clerk's Department. "CARRIED" John O'Toole, MPP, Durham, writing to The Honourable Frank Klees, Minister of Transportation, regarding the use of ATVs. Mr. O'Toole advises that the municipality is suggesting that the Ministry of Transportation close a tunnel under Highway 35/115 to prevent drivers of ATVs from using the tunnel to cross under the highway and then proceed over private property en route to trails in the Ganaraska Forest. . . . Council Minutes COMMUNICATIONS D - 1 M02.GE D-2 M02.GE - 10- June 2, 2003 Resolution #C-305-03 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Item I - 16 be received for information. "CARRIED" Correspondence Items D - 12 and D - 13 were distributed as handouts. Resolution #C-306-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Correspondence Items including item e approved as per the agenda with the exception of Items D - 3 and D - 8 to D - 11 , inclusive. "CARRIED" B. Erin Rudderham, Public Health Nurse, Region of Durham, requesting Council to proclaim June as "Health Before Pregnancy" month. During this month, Durham Regional Health Department Public Health Nurses will highlight lifestyle habits before pregnancy that can affect the health of the baby. The overall theme is "Health Before Pregnancy Makes a Difference". (Proclaimed) Chantal Mailhot, Oshawa Cycling Club, requesting Council's permission to close specific roads within the Municipality of Clarington to host its 20th Annual Scugog Circle Century Tour on Sunday, August 24, 2003. The event is open to a maximum of 400 participants, and runs from 7:00 a.m. to 5:00 p.m. All routes begin and end at Durham College in Oshawa, and run mostly on quiet roads through rolling countryside. (Approved provided organizers apply for and obtain a road occupancy permit) . Council Minutes - 11 - June 2, 2003 COMMUNICATIONS D-4 D14. Colleen Konoby, advising Council that she is in opposition to the proposed Zoning By-law Amendment that would permit Bed and Breakfast establishments. Ms. Konoby does not believe that there can be proper control and/or monitoring of such establishments. She does not want such an establishment on her street or anywhere near where she lives. You can never be sure of the type and character of a person who would use such an establishment, whether they were a criminal or not. Such a person who would be "here today and gone tomorrow" would not have the same care for a community that one would have that lives here. Such people may be out for their own pleasure with no respect for another's property, such as noise, litter, property destruction, use of inappropriate language and/or behaviour, and could possible even endanger our children. Ms. Konoby states that an added three cars to homes with Bed and Breakfasts would make her already crowded street even more crowded. (Correspondence referred to the Director of Planning Services) . D-5 M02.GE Georg Krohn, Chair of Hospitality, Great Canadian Town Band Festival, requesting Council to proclaim the Great Canadian Town Band Festival, scheduled for Friday, June 13, 2003, at the Orono Fairgrounds as well as Saturday, June 14 and Sunday, June 15, 2003, at the Silvanus Gardens in Orono, as a community cultural festival. (Proclaimed that portion of the event that is being held on public property as a community cultural festival provided that a policy of liability insurance for a minimum of $2 million including liquor liability is obtained, listing the Municipality as an additional insured, subject to conditions satisfactory to the Director of FinancefTreasurer) D-6 M02.GE Amanda Cliff, Director General, Communications Branch, Indian and Northern Affairs Canada, inviting Council to share in the celebration of National Aboriginal Day this June 21, 2003, a celebration that recognizes the historical and contemporary contributions of Aboriginal peoples in Canada. (Proclaimed) . . Council Minutes - 12- June 2, 2003 COMMUNICATIONS D-7 F11.GE Detective Craig Greentree, Durham Regional Police, requesting Council to cover the cost of the ball diamond rental fee on September 20, 2003. On September 20, 2003, the 3rd Annual Luke's Place Charity Baseball Tournament will be held at the Garnet B. Rickard Complex, east and west ball diamonds. This event is organized in memory of Luke Schillings, a 3 year old boy who was murdered in his Mitchell's Corners home in August of 1997 by his father. Luke's Place is a recognized charitable foundation that was initiated by Kate Schilling, Luke's mother. Their goal is to help raise funds that are needed to assist in establishing Luke's Place, a much-needed facility within the Region of Durham. (Advised that the 2003 municipal grant allocation has been expended and to advise of grant policy for next year) D-12 Myno Van Dyke, Newcastle Village and District Historical Society, requesting approval to close Highway 2 from Church Street to Mill Street and from Mill Street to Beaver Street in Newcastle, on June 21 and 22, 2003, for the Massey Show Tractor Displays. (Approved provided organizers apply for and obtain a road occupancy permit) . D - 13 Gary Cole, West Durham District Orange Lodge, requesting approval to hold the Orange Day Parade in Orono on July 5, 2003. (Approved provided organizers apply for and obtain a road occupancy permit) D-3 P.M. Madill, Regional Clerk, Region of Durham writing to the area municipalities, advising that the Region of Durham on May 7, 2003, passed the following resolution: "a) THAT Report #2003-J-12 of the Commissioners of Social Services and Finance be forwarded to the Area Municipal Councils for their review, and response by June 16, 2003, regarding their willingness to participate with the Region in the proposed Community Rental Housing Program, specifically as it relates to the following parameters: . . . . Council Minutes COMMUNICATIONS - 13- June 2, 2003 . The proposed 20 year program length; . The preliminary unit allocations for each Area Municipality as detailed in the report; . The Area Municipal target rents as detailed in this report; . The development of tenders specific to each Area Municipality; . The mandatory proportional sharing of incentives by the Area Municipality to a minimum of the Regional contribution (i.e. waiving of Development Charges or other types of contributions such as municipal lands); and . The identification of the nature, location and type of rental housing development required to meet local needs; and b) THAT the Federal Minister of Human Resources Development, the Premier of Ontario, the Minister of Municipal Affairs and Housing, and local MPP's be advised of the Region of Durham's concern with: . The lack of significant financial participation by the Provincial government in the Community Rental Housing Program, since the non- matching of Federal funds by the Province creates an extraordinary higher financial requirement for municipalities; . The requirement for a tender instead of a request for proposal process for the selection of affordable housing projects; . The limitations on municipal and private non- profit housing participation; . The limited timetable, which requires projects to be selected by October 31, 2003, and . That the ownership of public housing is limited to 25% and that public dollars should be invested in public housing in perpetuity." . . . Council Minutes COMMUNICATIONS D-8 C10.MO - 14- June 2, 2003 Resolution #C-307-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Correspondence Item D - 3 be referred to the Director of Planning Services and the Director of FinancefTreasurer. "CARRIED" Bruce Taylor, City Clerk, City of Pickering, advising Council that the City of Pickering on April 28, 2003, passed the following resolution: 'WHEREAS in a resolution passed by the Council of the Corporation of the City of Pickering on February 4, 2002, directed the Director of Planning and Development to report on the elements of a Growth Management Study which would provide the basis for an Official Plan Review of all lands within the northern boundary of Highway #7 and the southern boundary as the C.P. Belleville Rail line; and WHEREAS in the resolution passed by Pickering Council on February 4, 2002, it was noted that the Official Plan Review would from the basis for how Pickering will manage future growth pressures; and WHEREAS in a resolution passed on May 21, 2002, Pickering Council established a Working Group whose mandate was to prepare detailed terms of reference for the Growth Management Study; and WHEREAS this Working Group was comprised of representatives of the City, including Members of Council, the Ministry of Municipal Affairs and Housing, the Region of Durham, the TRCA and various community stakeholder groups; and WHEREAS planning consultants, through the public tendering process, were invited to submit proposals, based on the detailed terms of reference prepared by the Working Group, to carry out the Growth Management Study; and WHEREAS Pickering Council enacted By-law Number 6013/02 on July 29,2002, to improve Interim Control over the study area; and . . . Council Minutes COMMUNICATIONS - 15 - June 2, 2003 WHEREAS no objections were received by the City of Pickering with respect to the passing of Interim Control By- law Number 6013/02; and WHEREAS the consulting firm of Dillon and Associates was selected to undertake the Growth Management Study and have held a series of Task Force Meetings and has held a public Open House advising residents of the Study and receive feedback; and WHEREAS in a resolution passed on October 21,2002, Pickering Council expressed its concern that the North Pickering Land Exchange Review Panel was initiating planning processes and principles in isolation of initiatives already undertaken by the City of Pickering through its Growth Management Study; and WHEREAS in a letter dated October 22, 2002, to the Honourable Chris Hodgson, Minister of Municipal Affairs and Housing, Mayor Arthurs conveyed the resolution passed by Council on October 21,2002, and went on to state Council's desire to work in cooperation with the Province to arrive at the best possible land use plan on the understanding that the best plan can only be accomplished if local and Regional planning processes are respected and the Province works cooperatively with the City of Pickering and the Region of Durham; and WHEREAS in the letter dated October 22, 2002, Mayor Arthurs requested that Members of Council have an opportunity to meet with the Minister of Municipal Affairs and Housing to discuss a cooperative planning process; and WHEREAS two Zoning Orders that were filed on April 17, 2003, under the Planning Act and the Planning and Development Act, the Minister of Municipal Affairs and Housing effectively precluded the City of Pickering's and the Regional Municipality of Durham's responsibility and jurisdiction for planning for almost one-quarter of the geographical area of the City of Pickering; and . . . Council Minutes COMMUNICATIONS - 16 - June 2, 2003 WHEREAS Section 2 of the Municipal Act, 2001, authorizes municipalities "to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under..." the said Act which powers and duties include"... fostering the current and future economic, social and environmental well-being of the municipality.. ."; and WHEREAS the Minister of Municipal Affairs and Housing by his action on April 17, 2003, effectively placed his government's interest above the stated intent of the Municipal Act, 2001, and the interests of the constituents of the Corporation of the City of Pickering; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby petitions the Legislative Assembly of the Province of Ontario to repeal the two Zoning Orders filed by the Minister of Municipal Affairs as the City of Pickering continues with its Growth Management Study in consultation with the Province of Ontario, the Region of Durham, the TRCA and all interested stakeholders in this planning process; and FURTHER THAT the decisions of the City of Pickering continue to have the full weight and authority of the Planning Act and the Municipal Act, 2001; and FURTHER THAT these decisions be of full force and effect; and FURTHER THAT this resolution be forwarded to: . The Honourable Ernie Eves, Premier of Ontario . Dalton McGuinty, Leader of the Opposition . Howard Hampton, Leader of the New Democratic Party . The Honourable Gary Carr, Speaker of the Legislative Assembly FURTHER THAT copies of this resolution be forwarded to: . The Association of Municipalities of Ontario All Ontario Municipalities GTA Task Force on Ontario Municipal Board Reform . . . . . Council Minutes COMMUNICATIONS D-9 P16.GE - 17 - June 2, 2003 Resolution #C-308-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution from the City of Pickering regarding the Growth Management Study be endorsed by the Council of the Municipality of Clarington. "CARRIED" Brenda Percy, Information Coordinator, Administrative and Governance Services, Municipality of Chatham-Kent, advising Council that the Municipality of Chatham-Kent on April 22, 2003, passed the following resolution: "WHEREAS there are insufficient controls to prevent criminals convicted of first degree murder from being incarcerated in minimum security facilities; WHEREAS some of these criminals have simply walked away from these institutions to become a serious risk to society as well as a tremendous drain on police resources in seeking out the return of these offenders; WHEREAS the escape of these criminals from these insecure facilities cause serious public alarm; and THEREFORE be it resolved that the Council for the Municipality of Chatham-Kent support the Canadian Association of Police Boards in its efforts to express its concerns to the Solicitor General of Canada about criminals convicted of first degree murder being incarcerated in minimum security facilities, and request that immediate corrective action through changes to corrections policy be taken to prohibit the incarceration of criminals convicted of first degree murder in minimum security facilities." . . . Council Minutes COMMUNICATIONS D -10 C06.HW - 18 - June 2, 2003 Resolution #C-309-03 Moved by Councillor Trim, seconded by Councillor Pingle THAT the resolution from the Municipality of Chatham-Kent regarding incarceration of criminals be endorsed by the Council of the Municipality of Clarington. "CARRIED" Linda Gasser, requesting Council to write to the Ministry of Transportation forthwith, and ask that the draft Terms of Reference pertaining to the 407 East Completion Environmental Assessment be released to the public immediately. The Ministry of Transportation has provided the Terms of Reference to the Durham municipalities and two of the three advisory groups asking them to consider the documents confidential. Ms. Gasser wonders why the Ministry of Transportation bothered to set up a Community Advisory Committee if they intend to keep us in the dark and withhold key documents. By requesting that the draft Terms of Reference be kept confidential, the Ministry of Transportation has put municipal Councils in an untenable position. The Ministry is asking Council to withhold key information from residents, during a public process designed to solicit input from all stakeholders, on a project that will have impacts across the Region. Resolution #C-31 0-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT the request from Linda Gasser to write the Ministry of Transportation requesting the release of the draft Terms of Reference pertaining to the 407 East Completion Environmental Assessment be released to the public immediately be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 11 M02.GE REPORTS Report #1 G.P.A. Report May 20, 2003 - 19- June 2, 2003 Carl De Faria, Minister Responsible for Seniors, Ministry of Citizenship, requesting Council to nominate a Senior of the Year Award recipient by June 30, 2003. Each year the Government of Ontario designates June as Seniors' Month to celebrate the countless experiences, accomplishments and contributions of seniors. Across the province, community organizations and local governments host special events to recognize seniors and the countless contributions they make to Ontario's way of life. Recipients are individuals, who after age 65, have enriched the social, cultural or civic life of the community, without thought of personal or financial gain. Resolution #C-311-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Mavis Carlton be nominated to receive the Senior of the Year Award. "CARRIED" Resolution #C-312-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken by the General Purpose and Administration Committee on May 20, 2003, be approved. "CARRIED" UNFINISHED BUSINESS Resolution #C-313-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Addendum to Report EGD-17-03 be received; THAT Report EGD-17-03 be lifted from the table and received; THAT the policy attached to Addendum to Report EGD-17-03 addressing gates in fences abutting pubic open space be approved; and . . . Council Minutes - 20- June 2, 2003 UNFINISHED BUSINESS BY-LAWS THAT this policy be incorporated into future subdivision agreements. "CARRIED" By-law 2003-079 which relates to the recommendations contained in Report PSD-065-03 which was approved by the General Purpose and Administration Committee FORTHWITH on June 2, 2003, was distributed as a handout. Resolution #C-314-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-laws 2003-070 to 2003-079, and that the said by-laws be now read a first and second time: 2003-070 being a by-law to amend By-law 91-58, as amended, being a by-law to Regulate Traffic on Highways, Municipal and Private Property in the Municipality of Clarington 2003-071 being a by-law to amend By-law 2000-105, being a by-law to prescribe the height and description of lawful fences in the Municipality of Clarington 2003-072 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Price Waterhouse Coopers Toronto, Ontario, to enter into agreement for the Commercial Review and Market Impact Study, Bowmanville West Main Central Area 2003-073 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2002-004 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2002-004 . . . Council Minutes BY-LAWS - 21 - June 2, 2003 2003-074 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-90050 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-90050 2003-075 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T-95005 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-95005 2003-076 being a by-law to authorize an application to be made to Council as the approving authority under the Expropriation Act, R.S.O. 1990, c.E.26 for the approval of the expropriation of all interests in the lands described as 774 Martin Road, Parts 14 and 15, 10R-234, Part Lot 15, Broken Front Concession, former Township of Darlington, for the purposes of a community park 2003-077 being a by-law to authorize the Mayor and the Municipal Clerk to execute an agreement between the Municipality of Clarington and with the Owner and the Lessee of Parts 1 and 2 on Reference Plan 40R-21874 as provided for in Resolution #C-290-03 2003-078 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2003-079 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" Resolution #C-315-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2003-070 to 2003-079, inclusive, be approved. "CARRIED" . . . Council Minutes OTHER BUSINESS Boards and Committees Update - 22- June 2, 2003 Councillor Robinson advised Council that on July 26, 2003, the Kendal Community Hall Board will be holding their annual Fun Day. He advised that the Newcastle Arena Board has paid the Municipality $59,000 towards their loan. On June 18th the Orono BIA will be holding an Open Forum at the Orono Town Hall. Councillor Trim advised Council that the Clarington Youth Advisory Committee will be holding a special meeting at the Garnet Rickard Complex tonight at 4:00 p.m. Bethesda House will be having a meeting tonight at 6:00 p.m. and Councillor Trim advised that they are looking for an Executive Director of Operations. Resolution #C-316-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" for consideration of a confidential verbal report from the Solicitor pertaining to a legal matter. "CARRIED" CONFIRMING BY-LAW Resolution #C-317 -03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2003-080 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 2nd day of June 2003, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-318-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2003-080 be approved. "CARRIED" . . . Council Minutes ADJOURNMENT - 23- Resolution #C-319-03 June 2, 2003 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting adjourn at 1 :48 p.m. "CARRIED" / /' I \. ~----- '1/ I, . j-)) {ii>---~, YOR