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HomeMy WebLinkAbout06/09/2003 . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON June 9, 2003 Minutes of a regular meeting of Council held on June 9,2003, 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 J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Solicitor, D. Hefferon Supervisor, Operations Department, Murray Devitt Director of Corporate Services, M. Marano Director of FinancefTreasurer, N. Taylor Confidential Secretary to the Municipal Clerk, H. Keyzers Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES There were no disclosures of pecuniary interest stated at this meeting. Resolution #C-320-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on June 2, 2003, be approved. "CARRIED" . . . Council Minutes ANNOUNCEMENT PRESENTATION DELEGATIONS - 2- June 9, 2003 Mayor Mutton advised Council that the Iter Project has been given a chance to submit a bid in Vienna on June 19,2003. A decision will be made sometime in September. The Federal Cabinet has advised Minister Dhaliwal that it is not the time to exit from Iter and to bring something back to Cabinet. The Mayor noted that he is on call for the next week to meet with the Prime Minister. Mayor Mutton presented Janie Dodds with the 2002 Heritage Community Recognition Program Award under the Built Category. This category recognizes longstanding volunteer service to a historical society, museum or history site. Janie Dodds began her participation in the Local Architectural Conservation Advisory Committee in April 2003. In 1995, she assumed the role as Chair, a position she held for five years until January 2000. During her time as a LACAC member, she worked tirelessly to promote heritage conservation throughout the Municipality. Her first project was to initiate a heritage house tour of stone houses in Clarke Township in 1994. The event was a huge success and it was followed by additional tours in 1995, 1996, 1997 and 1999. She heightened the profile of built heritage by involving the LACAC in community events such as Maple Festival, the Apple Festival and the Durham Central Agricultural Fair. Her devotion is evident in not only her work during her term on the Committee but in her continued strong advocacy of the preservation of Clarington's built heritage. Resolution #C-321-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Glenn Genge be added to the list of delegations. "CARRIED" Council Minutes . DELEGATIONS . . - 3 - June 9, 2003 Dr. Mary Jane Conboy, 132 McFeeters Crescent, Bowmanville, L 1 C 4K6, appeared before Council regarding Correspondence Item D - 11, cosmetic use of pesticides. As a mother, Dr. Conboy is concerned with the exposure of her children to pesticides that are being sprayed on lawns. She stated that there are definite impacts on children who are exposed to pesticides. Children are hit heavily due to them playing in the soil, eating the soil and having a lower body weight. Dr. Conboy does not blame her neighbours, they are just trying to meet the standards of the community. Her neighbours have their lawns sprayed every two weeks. The lawn companies work on a bi-weekly schedule and sometimes spray when they shouldn't, ie., windy days. These sprays spread onto Dr. Conboy's lawn killing flowers and staining her trees. She noted that some communities, like Toronto, have passed by-laws against the spraying of pesticides. Such stores as Loblaws refuse to sell chemical pesticides. Dr. Conboy circulated to Council an Action Kit entitled Pesticide Free Naturally. She noted that she is not advocating the abolishment of pesticides but would like to see it regulated for lawns. Henry Froussios, Zelinka Priamo Ltd., 318 Wellington Road, London, N6C 4P4, appeared before Council representing his client Loblaw Properties Ltd. He is requesting Council to reconsider Report PSD-061-03. His clients strongly object to these files being closed. Mr. Froussios noted that it was never his client's intention to close the files. He requested Council to direct staff to proceed with the application. Mr. J. Fyfe, 3 Champine Square, Bowmanville, L 1C 4V9, appeared before Council regarding Report CLD-024-03. Mr. Fyfe objects to his dog "Captain" being classified as vicious. The incident that occurred on April 15, 2003, was an isolated incident, caused by the child startling their dog. At the time of the incident he was on a very short leash on their front yard. The child's arm was checked and the dog did not break the skin but some bruising had started so they applied ice until the child's mother arrived. The Fyfes contacted the animal shelter and filled out an Incident Report and were advised of the restrictions placed on their dog. The Fyfes have complied with all of the restrictions and even took Captain to the vet. The vet suggested placing the dog in socialization classes for its shyness. The dog is confined to a fenced yard with a sign posted on the gate. They have also posted a no trespassing sign on their property. Council Minutes . DELEGATIONS . . - 4 - June 9, 2003 Ms. T. Foote, 49 Champine Square, Bowmanville, L 1 C 4W2, appeared before Council regarding Report CLD-024-03. On Tuesday, April 15, 2003, at approximately 5:00 p.m. her 9-year-old daughter Kayla was injured by a golden retriever named Captain. Captain resides with his owners at 3 Champine Square. Kayla's injuries are minor in nature but she now has two small scars and a fear and distrust of dogs. Ms. Foote noted that this has not been the only occasion that the dog has jumped, scratched or bruised children. She is requesting that Council not rescind the Order to Restrain until proof of the CKC "Good Neighbour Dog" Certification and obedience training certification be received. Ms. Foote feels that the dog should be kept in his fenced yard or on a leash no longer than 6 feet, with a muzzle and always under its owner's supervision. She provided Council with a petition containing 56 signatures from residents of Champine Square requesting that a mandatory leash and muzzle order be placed on this dog, for anytime the dog is outside of the residence. Elizabeth Kool, 2 Champine Square, Bowmanville, L 1C 4V9, appeared before Council regarding Report CLD-024-03. Ms. Kool advised Council that one of her children has also been bitten by the Fyfes' dog. She believes that on this day the Fyfes were not home and their company let the dog out. The dog ran across the street knocking her two year old daughter flat and then jumped up at her four year old biting the back of her arm. There was no blood but her daughter's arm had severe bruising. The Fyfes promised her a year ago that they would place the dog in obedience school. Ms. Kool has seen the dog lunge and snarl at people. She has also seen one of the owners being dragged by the dog when it was on its leash. Ms. Kool is requesting that the restraining order be maintained and enforced. Summer Milne, 7065 Liberty Street North, Bowmanville, L 1 C 3K6, appeared before Council to discuss the well water problems and subdivision issues in the Village of Tyrone. Twenty estate lots were built behind her home and the residents began to move in late summer, early fall. A week before Christmas she noticed that she was having water problems. On April 9, 2003, the specialist recommen'ded to her that her foot valve should be lowered and that this would be a temporary fix. Ms. Milne has since found out that two other people in close proximity have lost their water and at least five other people have water problems. She hasn't been able to do her laundry since January. Ms. Milne believes that the people that have moved in behind here were not educated on how to use well water. She is requesting Council's assistance in this matter. . . . Council Minutes DELEGATIONS - 5 - June 9, 2003 Greg Sznajdruk, 9580 Murphy Road, Bowmanville, L 1C 3K6, advised Council that he resides at 9580 Murphy Road. He is a Director of the North Clarington Ratepayers Association and noted that this group was primarily responsible for the enactment of the noise pollution by-law related to Mosport. Mr. Sznajdruk addressed the following questions to Council: 1. Does Council not have a process or procedure to amend or repeal a by-law; 2. When Mosport was lobbing to have the noise pollution by-law repealed, why was the Ratepayers' Association not informed? 3. Other municipalities have enacted similar by-laws, why is Clarington facing a regression? 4. Explain how the repeal of the noise pollution by-law would benefit the ratepayers? 5. Will Council make itself available to meeting with all the people who are concerned? Libby Racansky, 3200 Hancock Road, Courtice, L 1 E 2M1, appeared before Council regarding Report PSD-060-03. Council referred Kingsberry Property issues back to staff, not realizing that Kingsberry application was inactive for years not because of the study for the Adelaide Avenue extension not being completed, but because they have no foregone development rights until a watershed study has been undertaken. These are not Ms. Racansky's words but CLOCA's response to John O'Toole. Ms. Racansky is requesting Council to reverse their request regarding Kingsberry Properties and let the Planning Department do what they thought was best, which is to close these applications because of their inactivity. She is also requesting that the same be done for Tonno's application that is legally bound by the same agreement. Glenn Genge, D.G. Biddle and Associates Ltd., 96 King Street East, Oshawa, L 1 H 1 B6, appeared on behalf of his client Mr. Schleiss regarding Report PSD-061-03 as it pertains to file 18T-86068. Mr. Genge stated that his client would like to proceed with the development and that he is requesting Council to table the report so they can meet with the Planning Department. . . . Council Minutes COMMUNICATIONS I - 1 D21.GE 1-2 D21.GE 1-3 D21.GE 1-4 D21.GE -6- June 9, 2003 Resolution #C-322-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:00 p.m. Resolution #C-323-03 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the communications to be received for information be approved with the exception of Items I - 12, 1- 21, I - 31 and I - 33. "CARRIED" Francoise Michaud, Administrative Assistant to Yvon Godin, MP for Acadie Bathurst, advising Council that the Iter Project will be brought to the attention of Mr. Godin in the near future. (Received for Information) Ron Dabor Sr., providing Council with a copy of his letter mailed to Alex Shepherd, MP regarding the Iter Project. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable Ernie Eves, Premier of Ontario, advising Council that the Region of Durham on May 7,2003, endorsed Clarington's resolution with respect to support for Iter. (Received for Information) Peter Adams, MP, Peterborough, writing to The Honourable Jean Chretien, advising that he supports Iter and so do many individuals and groups in his riding. He has visited the facility in Britain and was very impressed with its impact on the economy there and upon the science education, training and research. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-5 D21.GE 1-6 C06.NE 1-7 D21.GE 1-8 D21.GE 1- 9 D21.GE - 7 - June 9, 2003 Larry Spencer, MP, Regina-Lumsden-Lake Centre, writing to Council advising that he is glad to support the Iter project. As Mr. Spencer understands, it has the potential of developing the clean energy source upon which to base the future "Hydrogen Economy". The United States recently designated a huge sum of money for hydrogen research. Mr. Spencer is glad to see the possible entry of Canada into this area of such potential. (Received for Information) Minutes of the Newcastle Village. Business Improvement Association meeting dated May 8, 2003. (Received for Information) Ingrid Pawley, Constituency Assistant, London North Centre, advising Council that their comments regarding the Iter project will be brought to Joe Fontana's, MP, London North Centre attention. (Received for Information) Gloria Meegan, Office Manager for Bob Speller, MP, Haldimand- Norfolk-Brant, advising Council that the Municipality's letter regarding the Iter project has been forwarded to Bob Speller. (Received for Information) David Martin, Policy Advisor, Sierra Club of Canada, writing to The Right Honourable Jean Chretien, opposing the federal government subsidies for the $18.7 billion fusion reactor known as the International Thermonuclear Experimental Reactor (Iter). The project organizer, Iter Canada, originally said there would be no hard costs for the Canadian government. However, after their proposal was rejected by the International Iter partners last year, Iter Canada came back to the government asking for a massive handout. It is outrageous that the government would consider funding such a costly mega-project when there are existing renewable energy and efficiency technologies that could make a real impact on climate change. It is astonishing that the government would consider spending the equivalent of half of our Kyoto budget on an engineering experiment that will produce no electricity and will displace no greenhouse gas emissions. Canada should say no to fusion subsidies and instead support the real green energy technologies. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-10 D21.GE I - 11 F22.GE 1-13 C10.MO - 8 - June 9, 2003 Walter Taylor, Clerk, Township of Uxbridge, advising Council that the Township of Uxbridge on May 12, 2003, passed a resolution supporting the Municipality of Clarington's position regarding the Iter project. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, providing Council with certified copies of the following by-laws: 33-2003 being a by-law to approve and adopt the 2003 Current and Capital Budgets for Solid Waste Management 34-2003 being a by-law to set and levy rates of taxation for Solid Waste Management. (Received for Information) Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of Oshawa passed the following resolution: "WHEREAS on April 28, 2003, Council considered a resolution of the Municipality of Clarington regarding the land application of septage; AND WHEREAS the Regional Municipality of Durham currently participates in the land application of sewage sludge under the authority of Provisional Certificate of Approval H 1201 00009-03; AND WHEREAS in response to growing public concerns regarding health issues related to the spreading of sewage sludge and the future requirements of the Nutrient Management Act, the Region of Durham in 2003 will prepare a Regional Biosolids Master Plan; THAT Item DS-03-142 be forwarded to the Regional Works Department for consideration during preparation of the Regional Biosolids Master Plan." (Received for Information) Council Minutes -9- June 9, 2003 . COMMUNICATIONS 1- 14 D21.GE Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of Oshawa on May 20, 2003, adopted a resolution endorsing the Municipality of Clarington Council's resolution concerning the Iter Project and directed that a press release be prepared advising of the City of Oshawa's endorsement of the project. (Received for Information) 1- 15 M06.GE Association of Municipalities of Ontario, advising Council that the Tory Policy Platform proposes referendums on new sources of revenue and increases in property taxes. The provincial legislation, both the Taxpayer Protection Act, 1999 and the Balanced Budget Act, 1999, contain a number of exemptions for the province including responses to changes to federal tax laws to maintain provincial revenues, or when revenues have declined from the previous fiscal year, or in response to a natural or other disaster of war. Since these Bills were proclaimed, the province passed legislation that overrides its own rules, ie. so that its income and corporate tax cuts promised in 2002 would not be deemed to be increases since they were not going to be implemented as tax cuts. There was no indication of this referendum policy approach by the government at any of the pre-consultation meetings under the Memorandum of Understanding or during a year's worth of discussion on a new Municipal Act that resulted in more stringent rules for public notice/input for the preparation of municipal budgets also require notice. . (Received for Information) 1-16 M06.GE Association of Municipalities of Ontario (AMO), advising Council that AMO has released a Pesticide Report on non-essential use of pesticides in urban areas. This report is intended for use by Councils and staff, who are at the forefront of the pesticide debate, and who need assistance with the legislative/regulatory regime on pesticide use. The report can be viewed at www.municom.com. (Received for Information) 1-17 C06.LA Minutes of the Local Architectural Conservation Advisory Committee meeting dated May 6, 2003. (Received for Information) 1-18 D21.GE Carolyn Lance, Committee Secretary, Town of Georgina, advising Council that the Town of Georgina on May 12, 2003, received for information the Municipality of Clarington's correspondence requesting endorsement of our position with regard to the Iter Project. . (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 19 D21.GE 1- 20 D21.GE 1- 22 D21.GE - 10- June 9, 2003 Dianne Barnes, Council Co-ordinator, Town of Whitchurch- Stouffville, advising Council that the Town of Whitchurch-Stouffville on May 20, 2003, passed the following resolution: "THAT the request to support a resolution on the Iter Project, which is an international collaborative effort to demonstrate the technological feasibility of fusion as an energy source for the planet be supported." (Received for Information) Irwin Cotler, MP, Mount Royal, thanking Council for their letter dated May 8, 2003, regarding the Iter Project. Mr. Cotler appreciates being kept apprised of initiatives such as this, particularly since they promote energy efficiency, economic growth and should prove to be of benefit to all Canadians. (Received for Information) Ed Houghton, Chair, Electricity Distributors Association, writing to The Honourable Herb Dhaliwal, Minister of Natural Resources, advising that at their meeting on April 23, 2003, the Electricity Distributors Association approved a resolution endorsing Canada's participation in Iter and recommending that the federal government give financial support to this project. They believe that it is critical for Canada to make a competitive offer that will have a good change of winning. Some other considerations which support Canada's financial support of the Iter project are as follows: . the opportunity to show international leadership on this important global issue; . fusion is an option backed by all other G-8 countries and China; . Iter would stimulate much needed expansion of Canada's R & D capability; . supports Government policy objectives such as climate change and sustainable development; and . economic spinoffs and employment for all participants, particularly the host country. (Received for Information) Council Minutes - 11 - June 9, 2003 . COMMUNICATIONS 1- 23 John O'Toole, MPP, Durham, providing Council with a copy of a letter he received from The Honourable Jerry Ouellette, Minister of Natural Resources, regarding the GeoSmart application for funding to support GIS-based information systems. The GeoSmart staff have received the application and are reviewing it. Minister Ouellette also notes that the Municipality will be advised when a decision is reached. (Received for Information) 1- 24 John O'Toole, MPP, Durham, providing Council with a copy of a letter he received from The Honourable Chris Stockwell, Minister of the Environment, regarding concerns with the Goodyear plant in Bowmanville and the affect it is having on the local environment. In Mr. Stockwell's letter he details the history of events in this matter, as well as the current status of the cleanup plan submitted by Goodyear. The Ministry will be developing a community liaison committee to assist all parties involved in this situation. (Received for Information) . 1- 25 P17.GE John O'Toole, MPP, Durham, writing to The Honourable Bob Runciman, Minister of Public Safety and Security, providing him with a copy of a newspaper clipping in which Clarington Council suggests one of the two proposed new representatives to the Durham Regional Police Services Board be a member of Clarington or Pickering Council. This is due to the fact that both municipalities host nuclear generating stations. (Received for Information) 1- 26 C10.MO P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on May 28, 2003, passed the following resolution: "a) THAT Regional Council endorse Durham Region's participation in the joint 'Greater Toronto Area Transportation Demand Management Program' Urban Transportation Showcase Program Application, to establish GTA-wide Transportation Demand Management services and a Transportation Management Association in Durham; b) THAT if awarded, the Region participate in the program and consider financial commitment in 2005 and 2006, to support the formation of a Transportation Management Association in Durham, subject to the annual budget process; and . Council Minutes - 12- June 9, 2003 . COMMUNICATIONS c) THAT a copy of Commissioner's Report No. 2003-P- 55 be forwarded to the GTA municipal participants and the area municipalities in Durham." (Received for Information) 1- 27 D21.GE Peter Taylor, Peter Taylor and Associates Inc., writing to the Federal Government, regarding the apparent lack of federal support for Canada's bid to become the site of the Iter Project. This project has enormous short and long term potential in many areas. It has the potential to create a significant scientific community in an area that holds huge potential for cheap and environmentally responsible power generation. It would also be an excellent adjunct to the newly created University of Ontario Institute of Technology. Iter also has the potential to reduce the dependence of the local area on the automotive industry. While Oshawa has a superb reputation within the General Motors roster of plants, the industry is fickle and GM will obviously consider its interests before that of the local community. If US jobs become a US election issue, future investments will be made south of the border. From an environmental perspective, Mr. Taylor's understanding is that fusion power produces no green house gases. He is also led to believe that the fusion process is safe and self regulating in that imbalances in the process result in the process stopping. (Received for Information) . 1-28 C06.CE Minutes of the Central Lake Ontario Conservation Authority meeting dated May 21, 2002. (Received for Information) 1-29 C10.MO P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on May 28, 2003, passed the following resolution: "a) THAT the Commissioner of Planning be authorized to respond on behalf of the Region to the Ontario Realty Corporation, on applications for secondary uses on transmission corridor lands, in accordance with the Provincial Secondary Land Use Program; b) THAT Regional staff proceed to facilitate discussions with municipal staff in order to establish a framework for declaration of interests related to secondary uses on transmission corridor lands in the Region; and . . . . Council Minutes COMMUNICATIONS 1- 30 A01.FE 1- 32 D21.GE 1- 12 M06.GE 1-21 C06.CL - 13 - June 9, 2003 c) THAT a copy of Commissioner's Report No. 2003-P-54 be forwarded to the local municipalities in Durham." (Received for Information) Marguerite Ceschi-Smith, Chair, Federation of Canadian Municipalities (FCM), advising Council that the National Roundtable on the Environment and the Economy (NRTEE) released its final report outlining a strategy for redeveloping brownfields in Canada. FCM Board of Director's endorsed the recommendations of the report at its March 2003 meeting and agreed that the Brownsfield report would be broadly circulated. FCM suggests that Council urge Members of Parliament to support the NRTEE recommendations. (Received for Information) Eugene Bellemare, MP, Ottawa-Orleans, advising Council that he will discuss the Iter Project with some of his colleagues and that he has forwarded Council's letter to Minister Dhaliwal. (Received for Information) Association of Municipalities of Ontario, urging municipal action on the Tory Party's proposal requiring municipalities to hold a referendum on any increase to local taxes. This proposal will pose significant challenges to municipal operations and budgets and undermine the authority recently established with the government under the new Municipal Act. The policy is unworkable for many reasons and will result in multiple and costly referenda in each jurisdiction in Ontario. Resolution #C-324-03 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Item 1- 12 be received for information. "CARRIED" Minutes of the Clarington Public Library Board meeting dated April 23, 2003. . . . Council Minutes COMMUNICATIONS 1-31 F22.GE - 14- June 9, 2003 Resolution #C-325-03 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT a letter of congratulations be sent to the Library staff for the quick and efficient move to the new building. "CARRIED" Resolution #C-326-03 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Correspondence Item I - 21 be referred to the Director of Operations. "CARRIED" Art Rienstra, Northern Tool Supply Ltd., writing to The Honourable Janet Ecker, Minister of Finance, urging the Ontario government to alleviate the unfair burden of property taxes on small business job- creators. Without a doubt, small and medium sized businesses are the growth engines for the economy and are increasingly important to maintaining jobs in tough times. Yet these businesses in Ontario continue to shoulder high property taxes. As victims of government "downloading" of property taxes, businesses are taxed heavily at rates ranging from at least two times to as much as six times residential rates. Resolution #C-327-03 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item I - 31 be referred to the Director of FinancefTreasurer for response. "CARRIED" Council Minutes - 15 - June 9, 2003 . COMMUNICATIONS 1- 33 C10.MO P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable David Young, advising that the Region of Durham on May 28, 2003, passed the following resolution: "a) THAT the Minister of Municipal Affairs and Housing be requested to amend the community improvement provisions in section 28 of the Planning Act and related sections of the Municipal Act, 2001, in order that upper-tier municipalities may directly participate in a community improvement planning process that have been initiated by lower-tier municipalities, including the provision of incentives; b) THAT a pilot program be established by the Region to provide assistance to Local Municipalities to offset expenses incurred by Local Municipalities in the revitalization of Main Central Areas, based upon the parameters of the Pilot Regional Downtown Revitalization Program as set out in the Proposed Revitalization Funding Policy (Attachment No. 1 to Report #2003-J-15) which include the provision of an audited financial statement, that is to the specification of the Regional Commissioner of Finance, outlining the municipal expenses in relation to revitalization initiatives (the audit to be undertaken by the Region's auditor and funded by the Region); . c) THAT the initial project under the pilot program be a contribution to the City of Oshawa in the amount of $250,000 subject to an acceptable application being submitted by the City to the Commissioners of Finance and Planning with the funds to be used solely to offset financial contributions the City has made towards the revitalization of the Main Central Area; d) THAT the Commissioners of Finance and Planning be directed to continue to work with the Regional and Local Municipal Staff Revitalization Working Group in order to: i) undertake an assessment of the effectiveness of the Pilot Regional Downtown Revitalization Funding Program and report back to Regional Council in the fall of 2004 prior to 2005 Regional budget deliberations; and . . . . Council Minutes COMMUNICATIONS D - 1 M02.GE - 16- June 9, 2003 ii) continue to meet with staff of the Local Municipalities with the goal of developing a longer term comprehensive program to support revitalization projects in key areas in Durham Region initiated by the Local Municipality." Resolution #C-328-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item I - 33 be referred to staff; and THAT the BIAs be kept apprised of this matter. "CARRIED" Correspondence Item D - 23 was distributed as a handout. Resolution #C-329-03 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Items including item be approved as per the agenda with the exception of Items D - 11 to D - 23, inclusive. "CARRIED" Kendal Community Centre Board of Directors, requesting permission to hold a fireworks display for Canada Day 2003. This event, if approved, would be held behind the Kendal Community Centre in the ball diamond area. The Board has an ex-artillery technician that has a good understanding and great respect for explosives. This individual would be assisted by ex-volunteer firefighters and several adult volunteers. They have attempted to put together a fire safety plan, which will ensure that no person under the age of 18 will be even allowed to approach the launch area. . . . Council Minutes COMMUNICATIONS D-2 M02.GE D-3 M02.GE D-4 M02.GE - 17 - June 9, 2003 They also understand the liability issues of such an endeavour and are certain that Council will agree that it is safer for a responsible organization to hold this show than it is for five or six households to go out and buy one or two hundred dollars of fireworks each and launch them in their backyards without any plan. (Approved the setting off of fireworks on July 1, 2003, provided they are set off by an individual over the age of 21 and the organizers obtain a licence from the Municipal Clerk's Department) Sher Leetooze, Chairman, Toronto Cornish Association, requesting Council to proclaim July 21 - 27, 2003, as Cornish Week in Clarington and that the Cornish Flag be flown at the Municipal Administrative Centre. The 12th Gathering of Cornish Cousins is being held in Bowmanville between July 23 - 27, 2003. (Proclaimed and permission granted to fly the Cornish Flag at the Municipal Administrative Centre) Robert J. Kyle, Commissioner & Medical Officer of Health, Region of Durham, requesting Council to proclaim October 19 - 25, 2003, as Falls Prevention Week. For the sixth consecutive year, the Falls Prevention Workgroup is planning a public awareness campaign for the week of October 19 - 25, 2003. In 2000, falls were the cause of 85% of all injuries requiring hospitalization among seniors 65+ (Canadian Institute of Health Information, 2000). Many of these injuries result in a decrease in mobility, loss of independence, reduced quality of life, and even death. In Durham Region alone, 599 residents, 65 years of age and older, fell and were admitted into hospital in the year 2000. The majority of these falls occur in the home. (Proclaimed) David L. Staples, requesting permission to hold a parade associated with the Great Canadian Town Band Festival on June 14, 2003, in Orono. (Approved provided organizers apply for and obtain a road occupancy permit) Council Minutes - 18- June 9, 2003 . COMMUNICATIONS D-5 M02.GE David Staples, Parade Chairman, Durham Central Fair (Orono), requesting permission to hold the annual parades associated with the Durham Central Fair on September 5 and 6, 2003. The Elementary School Parade will be held on Friday, September 5, 2003, and the Fair Parade will be held on Saturday, September 6, 2003. (Approved provided organizers apply for and obtain a road occupancy permit) D-6 Charles Baetsen, requesting Council to plan for light pollution abatement when considering applications for development, and enact an outdoor illumination by-law under the Municipal Act, for improving the future of night-time outdoor lighting in the community. (Correspondence referred to the Director of Planning Services) D-7 M02.GE David J. Johnson, Chair, Sport Alliance of Ontario, inviting Council to bid on one of Ontario's Games; the 2006 Ontario Winter Games for Youth, the 2006 Summer Games for Youth, the 2006 Ontario Senior Games - Actifest (Summer), the 2007 Ontario Senior Games - Winterfest, the 2004 Ontario Games for the Physically Disabled (Summer). Mr. Johnson has provided Council with the Bid Guidelines for the Ontario Games Program. Municipalities interested in taking part in this bid process are requested to submit a Letter of Intent by Friday, June 27, 2003. (Correspondence referred to the Director of Community Services) . D-8 C12.HW Sarah Nelson, advising Council that she has resigned from the Highway 407 Clarington Community Advisory Committee. Ms. Nelson has just been accepted into an academic program which will involve a significant amount of her time and she does not feel that she can give the time to this Committee that it requires. (Thank Ms. Nelson and correspondence referred to the Municipal Clerk's Department) D-9 C12.HW Dwayne Tapp, advising Council that he has resigned from the Highway 407 Clarington Community Advisory Committee. Mr. Tapp has accepted a new position with the City of Toronto which will require his availability in the evenings for public meetings. (Thanked Mr. Tapp and referred correspondence to the Municipal Clerk's Department) . . . . Council Minutes COMMUNICATIONS D -10 P01.HU D - 11 E05.GE - 19- June 9, 2003 Dan Brien, Press Secretary, Office of the Solicitor General of Canada, advising Council that Bill C-10A receives Royal Assent. On May 14,2003, the Federal Solicitor General Wayne Easter announced that amendments to the Criminal Code and the Firearms Act to streamline the Canadian Firearms Program have received Royal Asset. Ensuing regulations will be presented to Parliament for consideration in the near future. The amendments allow the firearms program to be restructured to make its day-to- day administration more efficient and effective with a renewed emphasis on client service. (Correspondence referred to the Firearms Safety Committee) Dr. Mary Jane Conboy, writing to Council regarding the use of pesticides in Clarington. If you have some children, you will know that anything you go to do, takes preparation. Playing outside in your own backyard requires preparation, there are the snacks, the drinks, the sunhats and sunscreen, tying up shoes and getting out the door. Having overcome all these obstacles they were outside enjoying a wonderful spring afternoon with her grandmother when without any warning, they noticed an all too familiar smell of chemical application to the lawns in the neighbourhood. Dr. Conboy chose to forfeit the enjoyment of her own backyard as she has on many previous occasions. She is far too aware of the studies that show the effect of pesticides and herbicides on all living things. The studies that show increased incidences of skin cancer on the paws of domestic animals due to chemicals used on lawns. Dr. Conboy is aware of increased incidences of different types of cancers like brain tumors and leukemias, many affecting very young children. Many of the reported increased risks are of greater magnitude than those observed in studies of pesticide-exposed adults, suggesting that children may be particularly sensitive to the carcinogenic effects of pesticides. Dr. Conboy is requesting Council to help in promoting the minimization of cosmetic use of chemicals. . .. I . Council Minutes COMMUNICATIONS D - 12 A01.FE - 20- June 9, 2003 Resolution #C-330-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 11 be referred to staff in conjunction with the report on pesticides; and THAT a copy of the correspondence be forwarded to the Healthy Communities Committee. "CARRIED" Councillor Elisabeth Arnold, Co-Chair, Federation of Canadian Municipalities National Housing Policy Options Team, requesting Council's support in the form of a 1.5 cent per capita contribution or any other amount Council would consider appropriate. The Federation of Canadian Municipalities (FCM) along with municipalities expertise and assistance have caused the federal government to continue to engage in the critical issues of homelessness and the need for affordable housing. The recent federal budget continued the Supporting Communities Partnership Initiative, so critical in the fight against homelessness, for another three years at $135 million per year; an additional $320 million over the next five years for affordable housing; and an extension of the Residential Rehabilitation Assistance Program for three years at $128 million per year. That's another $1.1 billion dollars into housing and homelessness. With homelessness and affordable housing funds announced previously in the past three years, this brings the total, not even counting reduced GST on affordable housing or provincial/territorial contributions, to just over $2.5 billion. However, there remains much to be done to turn those budget announcements into actual affordable units across the country. Resolution #C-331-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 12 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 13 C10.MO - 21- June 9, 2003 The Corporation of the Town of Midland, advising Council that the Corporation of the Town of Midland, passed the following resolution: "THAT WHEREAS the Province has enacted the Safe Drinking Water Act, 2002, and is "".committed to ensuring Ontario has and enforces the best and toughest clean water policies in the world", and; WHEREAS the Act places the responsibility entirely on municipal officials as owners and operators of drinking water systems, and; WHEREAS certain provisions of the Act include a standard of care, referring to the "care, diligence and skill that a reasonably prudent person would be expected to exercise" that remain undefined with no clear detail or guidelines, and; WHEREAS the Act provides for harsh penalties, including offences and personal liability to individuals charged with the responsibility of drinking water operations that fail to meet the standard of care implied in the Act, and; WHEREAS Section 154 of the Act provides for protection from personal liability in respect of any act done in good faith in the execution or intended execution of any duty or authority under the Act, or for any alleged neglect or default in the execution in good faith of a duty or authority under the Act, and; WHEREAS the above protection is applicable to employees of the Ministry of the Environment and the Ontario Clean Water Association (OCWA), but is not extended to municipal officials as owners and operators of the drinking water system, and; WHEREAS no one is more concerned over safe drinking water than municipalities as the delivery agent for its own citizens and yet are subject to a harsher regime of consequences in the event of non-compliance in comparison to other agents and persons also charged with certain responsibilities in providing safe drinking water, and; . . . Council Minutes COMMUNICATIONS D - 14 - 22- June 9, 2003 WHEREAS this matter is of grave concern to both elected and appointed officials for municipalities that are owners/operators of drinking water systems; NOW THEREFORE BE IT RESOLVED THAT 1. The Ministry of the Environment define and provide clear detail as to the specific actions that a "reasonably prudent person" would be expected to exercise in the course of their duties in determining the standard of care that is to be followed within the meaning of the Act; 2. That the provisions of Section 154 of the Act be amended, or a regulation provided thereto, so as to afford the same protection from personal liability contained within the said section to the officers and directors of municipal corporations as owners/operators of drinking water systems; 3. That this resolution be forwarded to the Minister of the Environment, the Minister of Municipal Affairs, MPP, and Association of Municipalities of Ontario." Resolution #C-332-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT the resolution from the Town of Midland regarding the Safe Drinking Water Act, 2002 be endorsed by the Council of the Municipality of Clarington. "CARRIED" Sally Barrie, Administrator, Durham Region Community Care Association, advising that Clarington Community Care is presently working on a new fund raising project that highlights several of the historical properties and scenes throughout the municipality. A cotton throw or blanket is being designed with pictures of buildings and scenes depicting the local heritage. She is requesting permission to include the properties of Newcastle and Orono town halls, Municipal Office (original building), Visual Arts Centre and the Bowmanville Museum and the municipal crest on the "Historical Clarington" Keepsake Coverlet. . . . Council Minutes COMMUNICATIONS D -15 M02.GE D -16 M02.GE D - 21 M02.GE - 23 - June 9, 2003 Resolution #C-333-03 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Correspondence Item D - 14 be referred to the Municipal Clerk's Department for approval. "CARRIED" The Honourable Carl DeFaria, Minister of Citizenship, requesting Council to participate in the 2003 Senior Achievement Award Program by nominating a deserving senior. Each year, the Government of Ontario is proud to celebrate the accomplishments and contributions seniors make to Ontario's way of life. This year, the Senior Achievement Awards will once again highlight the significant voluntary or professional achievements made by individuals after they have reached the age of 65. The deadline for receiving nomination forms is July 4, 2003. The Honourable Carl DeFaria, Minister of Citizenship, requesting Council to participate in the 2003 Ontario Medal for Good Citizenship. Established in 1973, the Ontario Medal for Good Citizenship recognizes and encourages the virtues of good citizenship by honouring Ontarians who have made outstanding contributions through exceptional long-term effort. Among the past recipients of this award are a woman who has worked for more than 20 years to help end violence against women and children; a leader in the development of Ontario Agencies Supporting Individuals with Special Needs; and an artist who has donated more than $200,000 in proceeds from the sale of her work to a local chapter of the Multiple Sclerosis Society. The deadline for receiving nomination forms is July 4, 2003. The Honourable Carl DeFaria, Minister of Citizenship, advising Council of the Community Action Awards for 2003. Through these awards, the Province of Ontario recognizes individuals who have endeavoured to improve the lives of persons with disabilities and make Ontario a better place. The deadline for nominations if July 4, 2003. . . . Council Minutes COMMUNICATIONS D -17 C06.HW - 24- June 9, 2003 Resolution #C-334-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Vi Ashton be nominated to receive the 2003 Senior Achievement Award; THAT Bob Burke be nominated to receive the 2003 Ontario Medal for Good Citizenship Award; and THAT Evylin Stroud be nominated to receive the 2003 Community Action Award. "CARRIED" Janice Szwarz, Senior Planner, Planning Department, advising Council that the Clarington Highway 407 Community Advisory Committee on June 3, 2003, passed the following resolutions: "THAT Council be requested to hold a local public meeting to enable them to receive public comments on the draft Terms of Reference for the Environmental Assessment for the Highway 407 East Completion prior to providing comments to the Province; and THAT this request be forwarded to the Ministry of Transportation and Totten Sims Hubicki and be taken into account when the deadline for the submission of comments on the draft Terms of Reference is established." - and- "THAT Council request Totten Sims Hubicki and/or the Ministry of Transportation to make a presentation to Council on the draft Terms of Reference for the Highway 407 East Completion Environmental Assessment." . I. . Council Minutes COMMUNICATIONS - 25 - June 9, 2003 Resolution #C-335-03 Moved by Councillor Schell, seconded by Councillor Trim WHEREAS the Clarington Highway 407 Community Advisory Committee was established to provide advice to Council from a community perspective on a variety of issues related to the proposed highway including, among other things, the need and justification for the highway and the proposed Terms of Reference for the Environmental Assessment; WHEREAS the Clarington Highway 407 Community Advisory Committee was established to represent broad community interests; WHEREAS the Clarington Highway 407 Community Advisory Committee deems it import to hold local public meetings on the draft Terms of Reference for the Environmental Assessment; THEREFORE BE IT RESOLVED THAT the Clarington Highway 407 Community Advisory Committee be authorized to hold a public meeting in the municipal Council Chambers should it deem this important to completing its mandate. "CARRIED" Resolution #C-336-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the Ministry of Transportation be requested to make a presentation to Council on the draft Terms of Reference for the Highway 407 East Completion Environmental Assessment at the June 23, 2003, meeting. "CARRIED" . . . Council Minutes COMMUNICATIONS - 26- June 9, 2003 Resolution #C-337-03 Moved by Councillor Schell, seconded by Councillor Trim WHEREAS the Ministry of Transportation's consultants completed the draft Terms of Reference for the Highway 407 East Completion Environmental Assessment (draft Terms of Reference) in February 2003; WHEREAS the Ministry released the Environmental Work Plans component in February but did not release the balance of the draft Terms of Reference to Municipalities and other agencies for comment until May 6, 2003; WHEREAS the Ministry required that Municipalities keep the draft documents in confidence until the Minister formally released the draft Terms of Reference; WHEREAS the public release of the draft Terms of Reference was made on May 27, 2003, with a request to provide comments by July 31,2003; WHEREAS the Ministry has scheduled open houses for the last week in June which will provide information to Clarington's residents and initial feedback on public attitudes; WHEREAS the Municipality of Clarington has established a Community Advisory Committee to provide advice to Council on the draft Terms of Reference from a community perspective and it needs time to review the reports and provide recommendations to Council; WHEREAS the draft Terms of Reference in the Clarington portion of the project is complex relative to the other sections of the project including three distinct Study Areas (Route Refinements; Route Alignments and Transportation Alternatives) and will require additional time to formulate a response; WHEREAS the last Council meeting before the summer recess is June 23, 2003, and it is not feasible to complete the review of this important project prior to this meeting; . . . Council Minutes COMMUNICATIONS D -18 C10.MO - 27- June 9, 2003 WHEREAS the delay in the release of the draft Terms of Reference by the Ministry has prejudiced the Municipality's ability to hear public concerns, review the documents and formally respond prior to the Council recess; THEREFORE BE IT RESOLVED that the Ministry of Transportation be requested to extend the period for comments to September 15, 2003, to allow for a full and complete review of the Ministry's proposals. "CARRIED" Donald G. McKay, Director of Corporate Services, the Corporation of the Town of Whitby, advising Council that the Town of Whitby on May 26, 2003, passed the following resolution: "WHEREAS municipal councils are elected by their constituents to conduct the business affairs and to supply various services required by the municipality; and WHEREAS municipal councils are granted powers to approve capital and operating budgets and to establish rates of taxation in accordance with the Municipal Act; and WHEREAS the Council of the Town of Whitby conducts publicly-advertised annual budget meetings to which the public is invited to attend and express its opinion on budget matters; and WHEREAS the Progressive Conservation Party of Ontario has released a policy paper entitled "The Road Ahead - A Fair Deal for Municipalities"; and WHEREAS the policy paper includes a proposal to require voter approval "before a municipality introduces a new tax or increases the rate of an existing tax"; and WHEREAS municipal corporations are required by law to engage independent auditors to prepare annual financial reports and management advice for submission to the municipal council and the Province of Ontario; and . . . Council Minutes COMMUNICATIONS - 28- June 9, 2003 WHEREAS the Province of Ontario entered into a Memorandum of Understanding with the Association of Municipalities of Ontario which states, in part, "The Province recognizes municipalities as responsible and accountable governments with respect to matters within their jurisdiction" and WHEREAS the Memorandum of Understanding states that "The Province is committed to cooperating with municipalities in considering new legislation or regulations that will have a municipal impact;" and WHEREAS, the Memorandum was intended to build "on the strong relationship between the Province and the municipalities and formalizes the Province's support for the principle of consultation with the municipal sector"; and WHEREAS the Memorandum states "In the spirit of fairness, openness and good faith, any proposed change in legislation or regulations that, in the Province's opinion, will have a significant financial impact on the current municipal budget year, or on the current municipal budget planning cycle, will be accompanied by prior consultation"; and WHEREAS the policy paper "The Road Ahead - A Fair Deal for Municipalities" contains proposals that have not been considered in consultation with the Association of Municipalities of Ontario in accordance with the Memorandum of Understanding; THEREFORE BE IT RESOLVED as follows: 1. THAT the Council of the Town of Whitby strongly opposes the erosion of municipal council authority set out in the policy paper "The Road Ahead - A Fair Deal for Municipalities"; 2. THAT the Town of Whitby strongly opposes the introduction of an Ontario Municipal Services Quality Auditor that will create a new layer of bureaucratic duplication at an additional and unnecessary cost to the taxpayer; . . . Council Minutes COMMUNICATIONS D - 19 P17.GE - 29- June 9, 2003 3. THAT the Town of Whitby expresses, in the strongest terms, that voter approval to increase a rate of taxation will result in the gradual decline of municipal services, including those dedicated to the protective safety and general health of our residents and taxpayers; and 4. THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, The Honourable Jim Flaherty, M.P.P. Whitby-Ajax, the Association of Municipalities of Ontario and all municipalities in the Greater Toronto Area." Resolution #C-338-03 Moved by Councillor MacArthur, seconded by Councillor Rowe THAT the resolution from the Corporation of the Town of Whitby regarding The Road Ahead - A Fair Deal for Municipalities be endorsed by the Council of the Municipality of Clarington. "CARRIED" Robert G. Boychyn, Chair, Durham Regional Police Services Board, apprising Council of what has been done at the local and federal levels regarding the issue of high-risk offenders, particularly sex offences and inconsistent management. The Government has drafted Bill C-23, the (national) Sex Offender Information Registration Act. While they applaud this initiative, they are worried that this bill is not in fact based on best practices, or their suggestions of 2002. Mr. Boychyn has provided Council with a copy of their Canadian Association of Police Services Board resolutions of 2002 and 2003. He requests support of the following resolutions: "WHEREAS the Government of Canada has given second reading to Bill C-23, the Sex Offender Information Registration Act, which allows for the creation of a National Sex Offender Registry; . Council Minutes COMMUNICATIONS . . - 30- June 9,2003 AND WHEREAS this proposed legislation, although supported in principle by police services across Canada, falls short of the scope and effectiveness envisioned by the policing community, namely: . no photograph is required, even though this tool is most effective in identifying offenders the proposed database fields are restricted to only the most basic information such as name, address, physical description, scars, marks, tattoos and postal code which falls far short of the investigative value of the Ontario model the proposed national database search capabilities are restricted to postal code and address queries which do not allow for immediate, accurate geo- mapping radius searches the proposed non-compliance first conviction penalty of $10,000 or six months in jail is far too low sex offenders only have to register at the nearest police facility to their residence - not necessarily with the local police service responsible for their residence the Registry is not retroactive - meaning existing sex offenders in custody will not be entered. Since records would only be entered from the "Go Live" date, this tool could take years before it builds a critical mass . . . . . AND WHEREAS the Ontario Sex Offender Registry has proven to be a very effective tool since its inception in April of 2001 for police to investigate, monitor, prevent and solve crimes of a sexual nature; AND WHEREAS the Ontario model has consistently maintained in excess of a 92% compliance rate and is considered the world leader; THEREFORE BE IT RESOLVED that the Government of Ontario revisit the functionality of the proposed national registry and expand its capabilities to meet or exceed the functionality of the Ontario Sex Offender Registry prior to the passage of legislation." - and - . . . Council Minutes COMMUNICATIONS - 31 - June 9, 2003 "WHEREAS police services in Ontario are governed by the public disclosure requirements of the Police Services Act regarding the release of the names of High Risk Offenders living in neighbourhoods; WHEREAS corresponding and comparable public disclosure legislation exists elsewhere in other provinces within Canada; WHEREAS members of the community in which High Risk Offenders reside continue to demand full public disclosure of all dangerous offenders; WHEREAS public services and other offender management stakeholders owe it to the public to ensure that current practice continues to yield world-leading safety results; THEREFORE BE IT RESOLVED THAT the Government of Canada and the provinces join police leaders in the following initiatives designed to enhance and support the current system: a. an international study be launched to collect more current data on the effect of full public disclosure and recidivism rates of High Risk Offenders - particularly sex offenders; b. a national workshop be held to discuss consistent public notification thresholds and strategies; c. a review take place of new and emerging technologies that could assist all of the stakeholders in the offender management system; d. that the proposed National Sex Offender Registry be based on and linked to other highly successful provincial models." Resolution #C-339-03 Moved by Councillor Trim, seconded by Councillor Pingle THAT the resolutions from the Durham Regional Police Services Board regarding high-risk offenders be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 20 F22.GE - 32- June 9, 2003 Denis Kelly, Regional Clerk, York Region, advising Council that York Region on May 22, 2003, passed the following resolution: 'WHEREAS support for public transit encourages a shift from private automobile use resulting in an increase in transit market share thereby creating a more balanced transportation system consistent with and in support of Transportation Demand Management initiatives and Ontario's Smart Growth strategy; WHEREAS traffic congestion contributes to increased economic costs as a result of delays to businesses and commuters; WHEREAS traffic congestion leads to increased costs for road construction and maintenance and increased costs due to traffic accidents; WHEREAS the increased use of public transit will decrease greenhouse gas emissions and ground level pollution which is responsible for an estimated 1,800 premature deaths annually in the GTA alone; WHEREAS a shift from private vehicle use to public transit will assist the Government of Canada to meet its obligations under Kyoto Protocol; The Region of York urges both the Federal and Provincial Governments to give tax-exempt status to employer- provided transit benefits; and This resolution be circulated to all Ontario Municipalities having a population of 50,000 or more; all municipalities in the Greater Toronto Area; area Members of Parliament and Members of Provincial Parliament; the Association of Municipalities of Ontario; the Federation of Canadian Municipalities; the Urban Development Institute; the Canadian Urban Transit Association; area Chambers of Commerce and Boards of Trade; and the Ontario and Canadian Chambers of Commerce for their support and endorsement." . . . Council Minutes COMMUNICATIONS D - 22 M02.GE T02.GE D-23 - 33 - June 9, 2003 Resolution #C-340-03 Moved by Councillor Trim, seconded by Councillor Pingle THAT Correspondence Item D - 20 be referred to the Durham Transit Task Force. "CARRIED" Resolution #C-341-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 20 be referred to the Corporate Service Department for comment. "CARRIED" Sher Leetooze, Chairman, 12th Gathering Committee, requesting Council to permit dash board parking passes for the Cornish Gathering occurring July 23 - 27, 2003. These passes would be valid for Thursday, July 24 and Friday, July 25, only. At this event there will be many out of town visitors. About 60% of their participants will be from the US, the other 40% from England and places across Canada. They estimate 125 vehicles. Resolution #C-342-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 22 be referred to the Municipal Clerk's Department. "CARRIED" Trevor Rushka, Balloon Tour Event Coordinator, forwarding a letter written by Don Pearons, National Chairman, Canadian Centennial of Flight Campaign, inviting Council to be one of the "Hundred Towns" to join the in "100 Towns for 1 00 Years" Flight Campaign. They could schedule the event during the 23 - 24 of June timescale. A nominal fee of $2500 is charged to cover the cost of the Balloon Tour as it makes its way across the country. The main goal of their campaign is to educate and inform all Canadians, youths in particular, about this country's rich aviation heritage. . . . Council Minutes COMMUNICATIONS REPORTS Report #1 G.P.A. Report June 2, 2003 Report #2 Order to Restrain Fyfe - 34- June 9, 2003 They are planning a full year of activities, which they are confident will install Resolution #C-343-03 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D - 23 be received for information. "CARRIED" Resolution #C-344-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken by the General Purpose and Administration Committee on June 2, 2003, be approved. "CARRIED" Resolution #C-345-03 Moved by Councillor Pingle, seconded by Councillor Rowe THAT Report CLD-024-03 be received; and THAT the Order to Restrain served on Jeff Fyfe be upheld for a six month probationary period. "MOTION LOST" Resolution #C-346-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Report CLD-024-03 be received; and THAT the Order to Restrain served on Jeff Fyfe be upheld. "CARRIED" . . . Council Minutes REPORTS Report #3 Tender CL2003-8 Report #4 Tender CL2003-3 - 35 - June 9, 2003 Resolution #C-347-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Report COD-019-03 be received; THAT Performance Equipment, Mississauga, Ontario, with a total bid in the amount of $189,508.33 (including taxes), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-8, be awarded the contract to supply One (1) 2003 Cab and Chassis, 39,000 GVW c/w Plow Equipment, as required by the Municipality of Clarington, Operations Department; THAT the funds be provided from the 2003 Capital Operations Vehicle/Heavy Equipment Account #8345-03200-1401; and THAT the additional funds of $29,508.33 be provided from the 2003 Capital Operations Vehicle/Heavy Equipment Account #8345- 03200-1401 with the Public Works Development Charge Reserve Fund financing $22,184.36 of the additional funds and the $7,323.97 tax levy portion will be over budget. "CARRIED" Resolution #C-348-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report COD-020-03 be received; THAT Winslow-Gerolamy Motors, Peterborough, Ontario, with a total bid in the amount of $342,171.00 (including taxes and trade- in), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-3, be awarded the contract to supply Two (2) 60,000 GVW Tandem Diesel Dump c/w Plow Equipment, as required by the Municipality of Clarington, Operations Department; THAT the funds be provided from the 2003 Capital Operations Vehicle/Heavy Equipment Account #8345-03100-1401; and . . . Council Minutes REPORTS - 36- June 9, 2003 THAT the additional funds of $2,171.00 required be drawn from the Public Works Equipment reserve fund and processed through the 2003 Capital Operations Vehicle/Heavy Equipment Account #8345-03100-1401. "CARRIED" UNFINISHED BUSINESS 18T -85025 18T-88057 18T -86068 Resolution #C-349-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Addendum to Report PSD-061-03 be received; THAT applications 18T-85025 submitted by Leon Wallis and Danuta Colboott, 18T-88057 and Dev 90-011 submitted by Kingsberry Properties Limited, and application 18T-86068 submitted by Schleiss and Holland be refused and closed without prejudice; THAT the interest parties and delegations regarding each of the applications be advised of Council's decision; and THAT a copy of Addendum to Report PSD-061-03 be forwarded to the Region of Durham Planning Department. "CARRIED" Resolution #C-350-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Summer Milne be encouraged to take action as advised in the Gibson Report and to report back to us once these actions have been taken. "CARRIED" . . . Council Minutes - 37- June 9, 2003 UNFINISHED BUSINESS BY-LAWS Resolution #C-351-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Mr. Sznajdruk delegation pertaining to the noise pollution by-law be referred to the Municipal Clerk's Department for a report. "CARRIED" Resolution #C-352-03 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-laws 2003-081 to 2003-084, and that the said by-laws be now read a first and second time: 2003-081 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2003-082 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2003-083 being a by-law to authorize the transfer of an easement shown as Part 4 of Registered Reference Plan 40R-20800, for the purpose of constructing and maintaining a stormwater outfall 2003-084 being a by-law to adopt the estimates of all sums required during the year and to strike the rate of taxation for municipal purposes for the year 2003 "CARRIED" . . . Council Minutes June 9, 2003 - 38 - BY-LAWS Resolution #C-353-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2003-081 to 2003-084, inclusive, be approved. "CARRIED" OTHER BUSINESS Appointments to Resolution #C-354-03 Firearms Safety Committee Moved by Councillor Robinson, seconded by Councillor THAT the following individuals be appointed to the Firearms Safety Committee: Craig Greentree, Durham Regional Police John Almond, Ministry of Natural Resources Greg Farrant, Ontario Federation of Anglers and Hunters Tracy Adams, Local Farmer John McKelvey, Licenced Trapper Eric Atkins John Payne Richard Stephenson Ron Alldred, President, Orono Fish and Hunt Club Tom Vendrasco, Municipal Law Enforcement Division Councillor Robinson "CARRIED" CONFIRMING BY-LAW Resolution #C-355-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2003-085 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 9th day of June 2003, and that the said by-law be now read a first and second time. "CARRIED" . . . - 39- June 9, 2003 Council Minutes CONFIRMING BY-LAW Resolution #C-356-03 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the third and final reading of By-law 2003-085 be approved. "CARRIED" ADJOURNMENT Resolution #C-357-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the meeting adjourn at 8:42 p.m. "CARRIED" '-