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HomeMy WebLinkAbout04/29/2002 - . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON April 29, 2002 Minutes of a regular meeting of Council held on April 29, 2002, 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. ScheU 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 Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Emergency & Fire SuppressionlTraining Manager, G. Weir Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES Mayor Mutton indicated that he would be disclosing a pecuniary interest with respect to Report PSD-031-02 during consideration of Report #1 . Resolution #C-244-02 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the minutes of a special meeting of Council held on April 12, 2002, and the regular meeting of Council held on April 15, 2002, be approved. "CARRIED" . . . Council Minutes COMMUNICATIONS I - 1 C06.CL 1-2 A01.AS 1-3 C06.BO 1-4 C06.BO - 2 - April 29, 2002 Resolution #C-245-02 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT the communications to be received for information be approved with the exception of Items I - 7, I - 10, I - 14, 1- 21, 1-26, I - 29, I - 30, I - 33, I - 35 and I - 36. "CARRIED" Minutes of the Clarington Agricultural Advisory Committee dated March 14,2002. (Received for Information) Ann Mulvale, Mayor of Oakville, President of Association of Municipalities of Ontario, advising Council about Ontario's Promise, an initiative launched in November 2000, dedicated to working together to ensure all of Ontario's children and young people have the opportunity to lead healthy and successful lives. Ontario's Promise encourages every sector of society to become involved and work together to fulfill five promises: . A healthy start; . An adult who cares; . Safe places to learn and grow; . The tools to succeed; and . A change to make a difference. Over 300 organizations and agencies have signed on as Partners of Promise committee to pulling together for Ontario's kids. As well, corporations, service clubs, and foundations have donated more than $37 million in increased funding. (Received for Information) Minutes of the Bowmanville Museum Board dated March 13, 2002. (Received for Information) Minutes of the Bowmanville Museum Board dated March 21, 2002. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-5 F11.GE 1- 6 M02.GE 1- 8 SOO.GE 1-9 C06.CL I - 11 D21.GE -3- April 29, 2002 P.M. Madill, Regional Clerk, Region of Durham, writing to Terry James, Vice-President and Luncheon Co-ordinator, Durham Region Senior Games, advising Mr. James that the Region of Durham has had a 'no grants' policy since 1977 and that he should address his request via the area municipality. (Received for Information) Anna Halkidis, Traffic Safety Co-ordinator, Public & Government Affairs, CAA Central Ontario, introducing Council to the CAA Central Ontario's Traffic Safety Officer of the Year Award. They make four traffic safety presentations each year; one in northern part of their club; one in the east; one in the central part and one in the southwest. The award was created to recognize police officers for exceptional dedication to ensuring the safety of citizens living in their communities, through their commitment to traffic safety programs. This year's eastern recipient is Shaun Arnott, Durham Regional Police, who played a key role in bringing the Road Watch Program into the Region. (Received for Information) Hugh Carmichael, Board Treasurer, Hospice Durham, providing Council with a copy of the Hospice Heartlights. (Received for Information) Minutes of the Animal Advisory Committee dated March 12, 2002. (Received for Information) M. Rostetter, Chief Administrative Officer, Municipality of Port Hope, advising Council that the Municipality of Port Hope on April 9, 2002, passed the following resolution: "WHEREAS the Iter project will provide economic benefits as well as spin-off benefits for local businesses and will give our spouses, children and grandchildren the opportunity to live and work in the community; NOW THEREFORE BE IT RESOLVED that Council for the Municipality of Port Hope support the Iter Project in the Municipality of Clarington and the Iter Community Council in their negotiations in Russia during the month of April 2002 and continued negotiations in Canada during the months of July and September 2002." (Received for Information) .. . . Council Minutes COMMUNICATIONS 1- 12 L 11.GE 1- 13 M02.GE 1-15 C06.GA I - 16 1-17 P03.GE 1- 18 M06.GE -4- April 29, 2002 John O'Toole, MPP, Durham, providing Council with responses to the points and questions raised by Council at the April 2, 2002, Council Meeting. (Received for Information) Father Thomas Rosica, National Director and CEO, World Youth Day 2002, providing Council with information about how World Youth Day (WYD) 2002, to be held from July 18 - 28,2002, may affect the Municipality of Clarington and the opportunities it will bring to the community. The,border crossing the United States, will likely have a significant increase in vehicle traffic. Ontario's major highways (the 400 series, QEW or Highway 11) can expect significant amount of traffic with the resulting increase in service needs. The local Catholic parishes in the Municipality of Clarington will host participants during WYD. Most participants will be housed in schools or with families. In addition, some parks or facilities may be used. The influx of people into the municipality can also provide opportunities to promote local tourism. (Received for Information) Minutes of the Ganaraska Region Conservation Authority Meeting dated March 21, 2002. (Received for Information) Durham Region Planning Department, providing Council with a copy of the Planning Durham News. (Received for Information) Durham Region Health Department, providing Council with a copy of the Durham Region Health Department's news release regarding distribution of KI pills. (Received for Information) Association of Municipalities of Ontario (AMO), advising Council of details of the new Ontario Centre for Municipal Best Practices. The Centre is a collaborative effort between the Province, AMO and other key stakeholders from the municipal sector in Ontario. Using the results of the Municipal Performance Measurement Program (MPMP), the Ontario Municipal Benchmarking Initiative (OMBI) and other sources, the Centre will be responsible for the following: . Seeking out and showcasing municipal best practices in service delivery; and then . . .. Council Minutes COMMUNICATIONS 1-19 C06.LA 1- 20 C06.LA 1- 22 S04.GE 1-23 C06.TY 1- 24 CO.MO - 5- April 29, 2002 . Actively encouraging the wide spread adoption of these practices in municipal operations throughout Ontario for the benefit of taxpayers (Received for Information) Minutes of the Local Architectural Conservation Advisory Committee dated February 19, 2002. (Received for Information) Minutes of the Local Architectural Conservation Advisory Committee dated March 19, 2002. (Received for Information) Margaret Hibbert and Alyson Miller, Co-Chairs, Oncology Community Liaison Council, writing to the Honourable Tony Clement, advising that their Council supports Hospice Durham's immediate deficit situation and a much larger issue of insufficient funding for core costs that threaten the ongoing viability and future of the agency. Hospice Durham is an essential service, which has been providing supportive care to palliative care patients and their families for the past 10 years. With the changes in the health care service delivery system there is a greater reliance on volunteers than ever before. Care givers are burnt out and home care services that are already limited require the augmentation of fully trained and dedicated volunteers. Hospice Durham also provides, in cooperation with the Durham Public School Board, a new bereavement program for high school students. These students had no support during a critical time in their respective family lives and the members of the Liaison Council were very relieved to see the implementation of this much needed program. It is unfortunate that Hospice has had to go to the public for the majority of its funding especially as the public are being hit from all fronts. (Received for Information) Minutes of the Tyrone Community Centre Board meeting dated April 9, 2002. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on April 17, 2002, passed the following resolution regarding 2001 Census of Population: - . . Council Minutes COMMUNICATIONS 1- 25 M02.GE 1- 27 C06. KA 1- 28 C10.MO 1-31 C06.NE 1-32 M02.GE 1- 34 M02.GE - 6- April 29, 2002 "a) THAT Commissioner's Report No. 2002-P-26 be received for information; and b) THAT a copy of Commissioner's Report No. 2002-P-26 from the Commissioner of Planning be forwarded to the Local Municipalities and the School Boards in Durham." A copy of the report is available in the Clerk's Department. (Received for Information) Sher Leetooze, Toronto Cornish Association, thanking Council for their grant. Plans for the 1 ih Gathering of Cornish in Bowmanville are well underway, and they are ready to layout the copy of their "gathering booklet" - a prospectus of the event. They are hoping that the Mayor will write them a letter of welcome which they will publish on the first page. The former Townships of Darlington and Clarke, now Clarington, offered good agricultural opportunities to early settlers, and many of these early settlers were Cornish. (Received for Information) Minutes of the Kawartha Conservation Authority Meeting dated April 10, 2002. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, providing Council with a copy of Report #2002-J-12, the Annual Review of the Solid Waste Management System and the 2002 Proposed Current and Capital Budgets and Related Financing. (Received for Information) Minutes of the Newcastle Community Hall Board dated April 15, 2002. (Received for Information) John Bray, Director General, Communications Branch, Indian and Northern Affairs Canada, inviting Council to share in the celebration of National Aboriginal Day on June 21St, a celebration that recognizes the historical and contemporary contributions of Aboriginal peoples in Canada. (Received for Information) Suzanne Nobes, Co-ordinator, Community Relations & Volunteers, The Oshawa/Clarington Association for Community Living, advising Council that May is Community Living month. . . . Council Minutes COMMUNICATIONS 1-37 M06.GE 1-7 L 11.GE - 7 - April 29, 2002 Community Living Oshawa/Clarington is taking part in their provincial campaign to raise awareness and support on behalf of people who have a developmental disability. Community Living is something most of us experience naturally, as part of our daily lives. We live in communities, our children go to neighbourhood schools, we have the opportunity to work at real jobs for real pay and contribute as productive citizens. But for many with developmental disabilities, community living is a dream, an objective yet to be realized. Children may still be placed in segregated classrooms far away from their neighbourhood; as adults, they are largely excluded from the workforce. They are inviting Members of Council and staff to participate in their "Appetite for Awareness" campaign on May 8, 2002, by placing a lunch order which will be delivered by an individual supported by the Association. (Received for Information) Association of Municipalities of Ontario, advising Council that regulations relating to the extension of tax ratio setting deadline; business education tax rates, railway rights-of-way and 'heads and beds' rate have been released. The setting of tax ratio setting and upper-tier levies has been extended to May 31, 2002 from April 30, 2002. (Received for Information) John O'Toole, MPP, Durham, advising Council that he is willing to meet with Clarington's staff and/or Council at any suitable date and time to help ensure the municipality receives its fair share of funds from SuperBuild. Resolution #C-246-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item I - 7 be received and referred to the Mayor's office for appropriate follow-up. (SEE FOLLOWING MOTION) . . . Council Minutes COMMUNICATIONS 1- 10 D21.GE -8- April 29, 2002 Resolution #C-247-02 Moved by Councillor Pingle, seconded by Councillor Trim THAT, in accordance with section 14.10 of the Procedural By-law, leave be granted to allow Councillor MacArthur an extension of the five minute limit to speaking on this matter. "CARRIED" The foregoing Resolution #C-246-02 was then put to a vote and CARRIED. M. de Rond, Clerk, Town of Ajax, advising Iter Canada that the Town of Ajax on April 8, 2002, passed the following resolution: "1. THAT Ajax Council formally support Iter Canada's bid to bring the proposed international fusion research project to Clarington Ontario; 2. THAT the Iter Institute be requested to address the following matters through the Environmental Assessment process for the Iter project to the satisfaction of the Town of Ajax: i) the environmental impacts of the project on the Town of Ajax; ii) the tritium amounts from the Pickering and Darlington Nuclear Generating Stations at present, and the additional tritium amounts from the Iter project; iii) the safety measures being put in place to deal with the environmental impacts; and iv) the primary and secondary social impacts on the Town of Ajax. 3. THAT the Town of Ajax reserve the right to bring forward additional environmental issues and request that Iter Canada pay the Town's costs of hiring an Environmental Consultant, if necessary, to address outstanding issues." . . . Council Minutes COMMUNICATIONS 1-14 M06.GE -9- April 29, 2002 Resolution #C-248-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 10 be received and referred back to the Town of Ajax requesting that they reconsider Item 3 of the resolution. "CARRIED" Association of Municipalities of Ontario, advising Council that May 6, 2002, has been set as the deadline for commenting on the Ontario Municipal Employees Retirement System (OMERS) Report on autonomy and governance. The current OMERS Act requires the Province to approve changes to the pension plan, including decisions regarding the disposition of surplus and plan benefit changes. Resolution #C-249-02 Moved by Councillor Trim, seconded by Councillor Schell WHEREAS the Council of the Municipality of Clarington is concerned that the request by the OMERS Board to sever its relationship with the Provincial Government in order to provide the OMERS Board with more autonomy, may result in less accountability by the Board for its actions, and less liability and responsibility of the Government to the OMERS plan members; NOW THEREFORE BE IT RESOLVED THAT the Council of the Municipality of Clarington recommends that OMERS maintains the status quo relationship with the Provincial Government; and THAT the OMERS Board, the Provincial Government and local MPP Mr. John O'Toole be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS 1-21 L 11.GE 1-26 C10.MO - 10- April 29, 2002 Tim Hudak, Minister of Tourism, Culture and Recreation, providing Council with a status report on the Municipality's application to the SuperBuild Sports, Culture and Tourism Partnerships (SCTP) initiative. The Ontario Government through SuperBuild has approved the Main Branch Library project and will contribute up to $208,963 toward the eligible costs. The Municipality's project has been nominated by the Federal Government for matching funding under the Canada-Ontario Infrastructure Program (COIP). Pending confirmation from COIP, senior levels of government may provide up to $417,926 for this project. The SCTP regional consulting staff will discuss the terms and conditions of funding once the federal contribution is known. Resolution #C-250-02 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Item 1-21 be received for information. "CARRIED" P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on April 17, 2002, passed the following resolution: "a) THAT the memorandum dated February 21, 2002, from Dr. R.J. Kyle, Commissioner & Medical Officer of Health with attached resolutions of the Councils of the City of Pickering (CC #2002-65) and the Town of Ajax (CC #2002-78), be received for information; b) THAT the efforts of Durham Regional Police Services (DRPS) in addressing domestic violence, be supported; c) THAT Durham Regional Police Services Board be encouraged to provide regular updates on domestic violence activities to Regional Council; and d) THAT the Durham Regional Police Services Board, the Councils of the area municipalities and Durham Region's MP's and MPP's, be so advised." . . . Council Minutes COMMUNICATIONS 1-29 C10.MO 1-30 C06.CL 1- 33 C10.MO -11- April 29, 2002 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on March 27, 2002, passed the following resolution: "a) THAT the Region of Durham advise the Province of Ontario that the privatization of Hydro One is not in the best interests of the residents of our Area Municipalities or the residents of Ontario; and further b) THAT the Region of Durham requests the Province of Ontario to not sell Hydro One; and further c) THAT a copy of this resolution be circulated to all municipalities, A.M.O. and all M.P.P.'s in Ontario." Resolution #C-251-02 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Items I - 26 and I - 29 be received for information. "CARRIED" Minutes of the Clarington Traffic Management Advisory Committee dated March 21,2002. Resolution #C-252-02 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT Correspondence Item I - 30 be received for information. "CARRIED" P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on April 17, 2002, passed that following resolution: "a) THAT Commissioner's Report No. 2002-P-23 be endorsed as the Region's response to the Draft Report entitled "Strategic Transportation Directions for Central Ontario" and a copy of Report #2002-P-23 be forwarded to the Minister of Transportation; . . . Council Minutes COMMUNICATIONS 1- 35 M06.GE - 12- April 29, 2002 b) THAT the Minister ofTransportation be requested to initiate a broad based consultation process for development of the Strategic Transportation Directions, similar to the process conducted by the Province during the Oak Ridges Moraine planning process; c) THAT the Minister of Municipal Affairs and Housing be requested to amend the Provincial Policy Statement (PPS), as part of the PPS Review, to promote transit supportive land use planning; d) THAT the Province of Ontario require all Hydro One corridors, easements and rights-of-way, be protected in perpetuity for possible use as transportation alignments and other public uses, notwithstanding the privatization of such hydro assets; and further, if such assets are deemed to be surplus, they be transferred to the host municipality at no cost; and e) THAT a copy of Commissioner's Report No. 2002-P-23 be forwarded to the Durham Local Municipalities, The Premier of Ontario, Federal Minister of Transport, Durham MPP's, Durham MP's the Smart Growth Secretariat, Ontario SuperBuild Corporation, the Minister of Energy, Science and Technology, the Ontario Energy Board and the Central Ontario Smart Growth Panel." Resolution #C-253-02 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Item 1- 33 be received for information. "CARRIED" Association of Municipalities of Ontario, advising Council that the Society of Composers, Authors and Music Publishers of Canada (SOCAN) have submitted to Copyright Board of Canada, a statement of the royalties (Tariff 9) it proposes to collect, effective January 1, 2003, for the public performance or the communication to the public by telecommunication, in Canada, "of musical or dramatico-musical works" for sports events. . . . Council Minutes COMMUNICATIONS 1-36 M06.GE D - 1 E05.GE - 13 - April 29, 2002 Resolution #C-254-02 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item 1- 35 be referred to the Community Services Department. "CARRIED" Association of Municipalities of Ontario, advising Council that the Ontario Medical Association supports the recommendations in the Ontario Medical Association's position paper on Physician Workforce Policy and Planning. Resolution #C-255-02 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Correspondence Item I - 36 be referred to the Corporate Services Department. "CARRIED" Resolution #C-256-02 Moved by Councillor Trim, seconded by Councillor Schell THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 2, D - 7 and D - 9 to D - 14, inclusive. "CARRIED" Alisa Blaker, questioning Council regarding plans for protecting and keeping our wildlife populations in the area. Do you think the animal populations in this community should remain the same and/or increase in the future? Does development of our forests, marshes, farmlands and nature lands mean improvements for the people, plant and animal life in this part of Southern Ontario? In the past month, Ms. Blaker has seen many deer running along the roadside of Highway 401 in Durham Region. . . . Council Minutes COMMUNICATIONS D-3 M02.GE D-4 M02.GE D-5 C06.CL - 14- April 29, 2002 Animals cannot be contained into one small area lot. Developments of animals' homelands are pushing these populations out of this area. When all communities change their landscaping into businesses and residential areas they are pushing animal populations in this area closer to extinction. (Correspondence referred to the Director of Planning Services) Nancy Visser, Community Relations and Public Affairs, Lakeridge Health, requesting Council to proclaim the week of May 6th as Nursing Week. They have many events planned for this week at Lakeridge Health and would appreciate Council considering their request. (Proclaimed) B. Erin Rudderham, Public Health Nurse, Region of Durham, requesting Council to proclaim the month of June 2002 as "Health Before Pregnancy" month. During this month, Durham Region 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" with the following topic given special consideration: . It's never too early for folic acid (taking folic acid daily before pregnancy helps decrease the risk of babies being born with neural tube defects, such as spina bifida). (Proclaimed) Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on April 11 , 2002, passed the following resolution: 'THAT in Council's consideration of the development application submitted by Frederick and Sandra Archibald for a 9 hole golf course, Council give serious consideration to the neighbours comments with respect to this application and that this request be sent forthwith to Council." (Correspondence referred to the Director of Planning Services) Council Minutes - 15- April 29, 2002 . COMMUNICATIONS D-6 F11.GE Judith Skinner, requesting Council to help financially support Hospice Durham. If you had a choice of where to spend your final weeks, would you choose a sterile hospital room or the comfort and warmth of your own home, surrounded by familiar and loving faces? Hospice Durham makes dying at home not only possible, but also a reality. There are many different facets to Hospice services. Hospice Durham is currently providing hands-on hospice care for 60 families per week and bereavement support services for 40 families per week. There ongoing endeavours also include six trained volunteers facilitating 8 bereavement support groups within the pubic high schools in their community. Increased funding will permit Hospice Durham to hire the best professionals to train enough volunteers to meet the current and future demand for their services. (Advised of actions taken with respect to Report CSD-08-02) D-8 C12.CL Barbara Cowie, advising Council that she has resigned from her position as Ward 1 representative of the Clarington Traffic Management Advisory Committee. When this committee was first formed, it was with certain anticipation that she looked forward to a solution to the traffic concerns on her road. It is with much disappointment that the committee she put faith in have let her down. Finding out that the solution is to put forth a motion to have her road turned into a collector road, is to say the least a disappointment. Ms. Cowie feels that she will have a bias opinion over traffic concerns regarding other roads in her area. (Thanked Mrs. Cowie for her participation and correspondence referred to the Clerk) . D-2 C06.CL Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on March 14,2002, passed the following resolution: "THAT the letter dated February 25,2002, addressed to Patti Barrie, Municipal Clerk, the Mayor and Members of Council be forwarded to the Clerk and the Mayor and Members of Council with the chosen example of the slow moving sign attached to the correspondence." . . . . Council Minutes COMMUNICATIONS D -7 M02.GE D-9 C10.MO - 16- April 29, 2002 Resolution #C-257-02 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 2 be referred to the Director of Engineering. "CARRIED" Anne Buston, Director, Public Relations, Canada Post, requesting nominations for the Canada Post Literacy Awards. What if you couldn't read a newspaper, browse the Internet, or make sense of the ingredients listed on an item in the grocery store or pharmacy? What if you couldn't read a story to a child? For more than seven million Canadians, these "what ifs" are a reality. Celebrating their 10th anniversary, the Canada Post Literacy Awards are the only national awards dedicated to recognizing grass roots initiatives within the literacy community and to celebrate the achievements of learners along with those who help them learn to read and write. Resolution #C-258-02 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Correspondence Item D - 7 be referred to the Library Board and to the Municipal Clerk to place an advertisement in the local newspaper. "CARRIED" Brenda Andreatta, Director of Council Services and Deputy Clerk, City of Windsor, advising Council that the City of Windsor on March 18, 2002, passed the following resolution: "WHEREAS the Ontario Government's proposal plan to deregulate and privatize the electricity industry will: result in higher consumer and industrial electricity rates; put increased pressure on municipal council's budgets; make hydro generation ownership vulnerable to foreign control; and reduce Ontario's economic advantage, threaten jobs and pose a substantial threat to our environment; . . . Council Minutes COMMUNICATIONS - 17- April 29, 2002 THEREFORE, be it resolved, that this Council urge the Ontario government and the Premier to immediately delay the deregulation of Ontario's electricity system and consult the local municipalities to answer concerns regarding the production of energy as it relates to electricity rates and further, that this resolution be forwarded to the Association of Municipalities of Ontario for circulation to municipalities having populations larger than 5,000." Resolution #C-259-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 9 be received for information. "CARRIED" Resolution #C-260-02 Moved by Councillor MacArthur, seconded by Councillor Pingle WHEREAS residents of the Municipality of Clarington have expressed concern with the Province of Ontario's stated intention to sell the Hydro One asset without the benefit of full public consultation and public hearings on the issue; WHEREAS the Council of the Municipality of Clarington endorses full public access and disclosure for all Government activities dealing with the disposal of public assets; NOW THEREFORE BE IT RESOLVED that the Municipality of Clarington advise the Provincial Government that it requests full public consultation, open and accessible hearings and the opportunity for all concerns to be heard in a public forum before the Province makes any decision on the sale of the Hydro One asset; and THAT all Durham Regional MPP's be advised of Council's decision. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 10 C06.CL D - 11 C10.MO - 18- April 29, 2002 Arnot Wotten, Chair, Clarington Agricultural Advisory Committee (CAAC), advising Council that the Clarington Agricultural Advisory Committee on March 14,2002, passed the following resolution: "THAT Council help fund (financially) the attendance of CAAC members at appropriate educational seminars/workshops." Resolution #C-261-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 10 be referred to the 2003 budget discussions; and THAT the Clarington Agricultural Advisory Committee be advised of Council's decision. "CARRIED" James D. Smyth, Chief Administrative Officer/Clerk, Town of Haileybury, advising Council that the Town of Haileybury passed the following resolution: "WHEREAS the Province of Ontario, through an Order in Council, transferred portions of Secondary Highways 11 B, Highway 558 and Highway 567 to the Town of Haileybury in the late 1990's: AND WHEREAS portions of these highways were known as Highway 11 prior to the construction of a new section of Highway 11 that bypassed the urban area of the Town of Haileybury; AND WHEREAS from time to time it becomes necessary for the Province and the O.P.P. to close portions of Highway 11 within the Town of Haileybury municipal boundaries for emergency purposes; . . . Council Minutes COMMUNICATIONS - 19- April 29, 2002 AND WHEREAS there is currently no Agreement between the Town of Haileybury and the Province of Ontario to recognize the significant increase in traffic volumes through the municipality when there are emergency road closures along Highway 11 and traffic is diverted/detoured onto municipal roads; AND WHEREAS all maintenance costs and future reconstruction costs of the former secondary highways are the responsibility of the Town of Haileybury; AND WHEREAS other municipalities in Ontario are affected similarly when Provincial highways are closed and upper or lower tier government roads are used for detour purposes; THEREFORE BE IT RESOLVED THAT municipal council requests that the Ministry of Transportation pay all costs associated with the maintenance and operations of the sections of municipal roadway used as detours while Highway 11 is closed for emergency purposes, and that compensation be paid to Haileybury and all affected municipalities at a rate of $1,000.00 per hour for each hour or part thereof that the detour route is requirement; AND FURTHER THAT this resolution be forwarded to the Premier of Ontario, the Minister of Transportation, David Ramsay, M.P.P. for Timiskaming-Cochrane, and the Association of Municipalities of Ontario and its member municipalities for consideration and support." Resolution #C-262-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the resolution of the Town of Haileybury regarding maintenance and operations costs for sections of municipal road ways be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 12 M02.GE D - 13 C10.MO - 20- April 29, 2002 Tony C.L. Wong, Flaun Dafa Association of Canada, requesting Council to join the world wide SOS effort: "Urgent: Rescue Falun Gong Practitioners Persecuted in China," and pass a resolution or write a letter to the Prime Minister to condemn the violence and repression against Falun Gong practitioners in China. Falun Dafa (also called Falon Gong) consists of five sets of gentle exercises and the study of the universal principles of Truthfulness - Compassion - Tolerance (Zhen, Shan, Ren). In 1999 there was a vicious crackdown and slander campaign against the Falun Dafa practice and the over 70 million practitioners in China. Since then Amnesty International and other human rights groups around the world have documented hundreds of men and women and children who have been murdered by police and thousands who have been tortured in labour camps across China. Resolution #C-263-02 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D -12 be received for information. "CARRIED" Marilyn Pennycook, Clerk, Township of Oro-Medonte, advising Council that the Township of Oro-Medonte on March 27, 2002, passed the following resolution: "It is recommended that the Ministry of the Environment be asked to: 1) Ensure that the cumulative impacts of water takings in a watershed are considered before individual applications for permits to take water are considered; 2) Ensure that the impacts of any water takings on the features and functions associated with the ecosystem of an area are considered before individual applications for permits to take water are considered; and . . . Council Minutes COMMUNICATIONS D -14 C10.MO - 21 - April 29, 2002 3) Notify local municipalities to host a Public Meeting at which time applications for permits to take water can be addressed in an open pubic forum and that procedures for such a meeting and its notification process be similar to those in the Planning Act; AND FURTHER that this resolution be circulated to all municipalities in Ontario for endorsement." Resolution #C-264-02 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 13 be received for information. "CARRIED" Cathie L. Bost, Town Clerk, The Corporation of the Town of Oakville, advising Council that the Town of Oakville on April 2, 2002, passed the following resolution: 'WHEREAS in a review of the Ontario Municipal Board (OMB) by the Greater Toronto Services Board (GTSB), it was found that 15 GTA municipalities spend over $20 million on cases relating to policy issues and new large-scale urban area designations over the last five years; and WHEREAS the Corporation of the Town of Oakville dedicates significant resources in staff time, legal fees and other related costs to represent the corporation at cases before the OMB; and WHEREAS OMB members should be appointed for a six- year term to enhance their independence from Government without being encumbered by concerns about re- appointment opportunities; and WHEREAS the Planning Act was amended in the mid 90's to allow developers to appeal matters to the OMB prior to local elected representatives considering the matter and often before public statutory meetings occur; and . . . Council Minutes COMMUNICATIONS - 22- April"29,2002 WHEREAS the OMB has very broad powers to overturn local planning decisions and it is therefore appropriate for the government to re-visit the question of what matters can be appealed to the OMB with a view to giving greater defenses to decisions by local representatives; and WHEREAS the Government of Ontario cannot expect 'smart growth' to occur in an environment where hearings and OMB members may have little appreciation for local planning concerns and the community's vision for the future; WHEREAS the Town of Caledon report on the OMB states that "as an appointed tribunal, the OMB should not be determining growth patterns of the GT A" and notes that, "municipal taxpayers, after paying for exhaustive planning policy processes, have to pay an unacceptable price to defend their decisions in the OMB arena; and WHEREAS the Town of Caledon report further states, "There is no evidence, at least in the opinion of municipalities, to suggest that the $20 million plus yields a higher quality of life and a better-planned GT A than would have been yielded by the decision-making of the elected municipal councils, following the exhaustive planning processes and legal requirements that we now follow"; NOW THEREFORE the Corporation of the Town of Oakville urges the Government of Ontario to conduct a review of the mandate of the Ontario Municipal Board to consider the following matters: . Whether the resources of the Board are appropriate and adequate Whether the length of the current appointments of board members is appropriate the ensure good decisions by the members Whether the mandate of the Board can be narrowed to give greater deference to local decisions and policy-making while protecting land owners form the possibility of decisions made purely at expedience or not in good faith so as to serve as a check against bad or unsound planning; and . . . . . Council Minutes COMMUNICATIONS - 23 - April 29, 2002 THAT the Association of Municipalities of Ontario be requested to act upon the report done by the Town of Caledon, work done by the GTSB and requests of municipalities by applying meaningful and lasting pressure to dissolve or radically alter the OMB; and THAT the Leader of the Official Opposition be requested to respond back to the Council of the Corporation of the City of Pickering as to their position on this issue; and THAT the Council of The Regional Municipality of Halton be requested to endorse this motion; and THAT this motion be circulated to: . Ernie Eves, Premier Elect of the Province of Ontario David Young, MPP, Attorney General and Minister Responsible for Native Affairs Chris Hodgson, MPP, Minister of Municipal Affairs and Housing Elizabeth Witmer, Environment Minister Jim Flaherty, MPP, Deputy Premier and Minister of Finance Ted Chudleigh, MPP Gary Carr, MPP All area Mayors and Chairs The Association of Municipalities of Ontario (AMO) . . . . . . . . Resolution #C-265-02 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the resolution of the Town of Oakville urging the Government of Ontario to conduct a review of the mandate of the Ontario Municipal Board be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes REPORTS Report #1 G.PA Report April 29, 2002 - 24- April 29, 2002 Resolution #C-266-02 Moved by Councillor Schell, seconded by Councillor Trim THAT the actions taken by the General Purpose and Administration Committee on April 29, 2002, be approved with the exception of the recommendations contained in Report PSD-031-02. "CARRIED" Mayor Mutton stated a declaration of Pecuniary Interest with respect to Report PSD-031-02; vacated his chair and refrained from discussion and voting on the subject matter. Mayor Mutton indicated that his father is employed by the applicants for the rezoning and official plan amendments. Councillor Schell chaired this portion of the meeting. Resolution #C-267-02 Moved by Councillor Trim, seconded by Councillor Ping Ie THAT Report PSD-031-02 be received; THAT the applications to amend the Clarington Official Plan and Zoning By-law submitted by D. G. Biddle & Associates Limited on behalf of Ganaraska Properties Limited be referred back to staff for further processing and preparation of a subsequent report pending receipt of all outstanding comments; and THAT all interested parties listed in Report PSD-031-02 and any delegations be advised of Council's decision. "CARRIED" Mayor Mutton resumed the chair. UNFINISHED BUSINESS Resolution #C-268-02 Moved by Councillor Rowe, seconded by Councillor Schell THAT the Addendum to Report CSD-07-02 be received; . . . Council Minutes - 25 - April 29, 2002 UNFINISHED BUSINESS THAT Report CSD-07-02 be received; THAT the Municipality of Clarington Cultural Review 2002 be endorsed; THAT the Visual Arts Centre maintain the present organizational structure; THAT the Bowmanville Museum Board and the Clarke Museum Board merge to form the new Clarington Museum Transitional Board and appoint a Transitional Chair and Officers for the balance of the Boards' respective terms; THAT Council advertise for appointments to the Clarington Museum Board to assume office at the expiration of the terms of the present Bowmanville Museum Board and the present Clarke Museum Board; THAT the Clarington Museum Transitional Board, in conjunction with the Corporate Services Department, immediately initiate a job search to hire a Museums Administrator at an appropriate annual salary and the applicable contract for employment be forwarded to Council for ratification; THAT the Clarington Museum Transitional, in conjunction with the Corporate Services Department, initiate a job search to hire a Museums Curator at an appropriate annual salary and the application contract for employment be forwarded to Council for ratification; THAT the main floor of the present Bowmanville Library building be dedicated to the Clarington Museum Board for use as archival, display, program, meeting and office space, upon its availability; THAT the appropriate By-laws be forwarded to Council for approval; and THAT the Bowmanville Museum Board, the Clarke Museum Board and the Visual Arts Centre of Clarington be thanked for their support and involvement in the Cultural Review 2002 and advise of action taken. "CARRIED ON THE FOLLOWING RECORDED VOTE" . . . Council Minutes - 26- April 29, 2002 UNFINISHED BUSINESS BY-LAWS Recorded Vote Council Member Yea Nav Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mavor Mutton X Declaration of Pecuniary I nterest Absent Resolution #C-269-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-laws 2002-044,2002-45 and 2002-057 to 2002-066, inclusive, and that the said by-laws be now read a first and second time: 2002-044 being a by-law to establish a Transitional Board of Management to operate museums on its behalf - Clarington Museum Transitional Board; and, to repeal By-laws 79-67, 79-68, 88-154, 92-128, 92-188 and 92-231 2002-045 being a by-law to establish a Board of Management to operate museums on its behalf - Clarington Museum Board 2002-057 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Veltri & Son Ltd.) 2002-058 being a by-law to accept a certain street within the Municipality of Clarington and to assume it as public highway in the Municipality of Clarington . . . Council Minutes BY-LAWS - 27- April 29, 2002 2002-059 being a by-law to establish, layout and dedicate certain lands as public highways and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2002-060 being a by-law to accept certain streets within the Municipality of Clarington and certain lands to assume them as public highways in the Municipality of Clarington 2002-061 being a by-law to establish, layout and dedicate certain lands as public highways and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2002-062 being a by-law to establish, layout and dedicate certain lands as public highways and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2002-063 being a by-law to establish, layout and dedicate certain lands as public highways and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2002-064 being a by-law to establish, layout and dedicate certain lands as public highways and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2002-065 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ron Robinson Limited, Bowmanville, Ontario, for Concession Street and Elgin Street Reconstruction and Church Street Storm Sewer Replacement, Bowmanville, Ontario 2002-066 being a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and Animal Licencing Services Inc. "CARRIED" . . . Council Minutes - 28- April 29, 2002 BY-LAWS Resolution #C-270-02 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the third and final reading of By-laws 2002-044, 2002-045 and 2002-57 to 2002-066, inclusive, be approved. "CARRIED" OTHER BUSINESS Regional Update A Report on the Durham/Clarington Mission to Moscow for the Iter Negotiation meetings was distributed to Council to advise of the activities undertaken during the recent Mission. Resolution #C-271-02 Moved by Councillor Trim, seconded by Councillor Schell THAT the Report on the Durham/Clarington Mission to Moscow for Iter Negotiation meetings be received and forwarded to all Durham Regional Municipalities, The Town of Port Hope, The Town of Cobourg, Alex Sheperd, MP and John O'Toole, MPP. "CARRIED" Councillor Trim advised that he recently attended a celebration of William Shakespear's birthday and the volunteers' night at Hillsdale Manor. Last Thursday, the Local Housing Corporation toured local housing areas throughout the Region and he was very impressed with how well maintained these areas are. At the recent Health and Social Services Committee Meeting, Dr. Kyle provided an update on the infant TB situation. He also reported the following teen statistics: . In 2001, there were 700 reported teen pregnancies within the Region . Incidents of suicides amongst teens is higher in Brock Township than any other municipality in the Region . . . Council Minutes OTHER BUSINESS Boards and Committees Update - 29- April 29, 2002 . The Arc Youth Centre, which has recently undergone a major renovation, is now open The Health Department is taking the lead in the public consultation on the proposed Durham Regional Smoking By-law and the meeting in Clarington has been tentatively set for June 26, 2002 from 7:00 p.m. until 1 0:00 p.m. at the Garnet B. Rickard Recreation Complex. Councillor MacArthur advised that the Bowmanville Museum is happy with the Cultural Review. This past Saturday was the official unveiling of the Samuel Wilmot Nature Area sign. Councillor Robinson reported that the Clarke Museum held an open house for all Members to be updated on the Cultural Review and he thanked Skip Crosbie for attending on behalf of the Community Services Department. The Kendal Community Centre will be hosting its second Kendal Day celebration on July 27,2002 with Homenuik's Amusements providing rides and games for the children. Two members of Council have been requested to attend and participate in the dunk tank and the Kendal Eagles will be playing Port Hope in a Senior ballgame. The Newtonville Hall Board extends their thanks to staff for the installation of the two handicapped parking locations. Councillor Rowe advised that she has received notice from Protect the Ridges that they will be on Rogers Cable Tuesday, April 30, 2002 at 9:00 p.m. Councillor Trim advised that the work on the windows at the Newcastle Community Hall is being completed this week. Mayor Mutton indicated that he has met recently with Inspector Tom Cameron who will be making a presentation to the General Purpose and Administration Committee in the near future at which time he will be announcing the expansion of the Village Constable Program. . . . Council Minutes - 30- April 29, 2002 CONFIRMING BY-LAW ADJOURNMENT Mayor Mutton stated a disclosure of Pecuniary Interest earlier in the meeting; vacated his chair and refrained from discussion and voting on the Confirming By-law. Councillor Schell chaired this portion of the meeting. Resolution #C-272-02 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-law 2002-067 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 29th day of April 2002, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-273-02 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2002-067 be approved. "CARRIED" Mayor Mutton resumed the chair. Resolution #C-274-02 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting adjourn at 8:12 p.m. "CARRIED" 7