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HomeMy WebLinkAbout03/19/2001 L . . . , Council Minutes ) PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON March 19, 2001 Minutes of a regular meeting of Council held on March 19,2001, 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, Community Services, J. Caruana Director, Planning and Development, D. Crome Solicitor, D. Hefferon Treasurer, M. Marano Director, Public Works, S. Vokes Divisional Fire Chief, G. Weir Confidential Secretary to the Clerk, H. Jones Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES There were no disclosures of pecuniary interest stated for this meeting. Resolution #C-1 08-01 Moved by Councillor Rowe, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on February 26,2001, be approved. "CARRIED" '. . Council Minutes DELEGATIONS . . - 2- March 19,2001 Ralph Stender, 40 Ontario Street, P.O. Box 292, Bowmanville, L 1 C 3L 1, circulated correspondence to Council introducing his new business. Mr. Stender owns a 2001 van and would like to offer Bowmanville residents a taxi service, charging a flat rate of $5.00 per person anywhere in the local area. He does not believe that Bowmanville needs a bus services, he believes that Clarington needs more co-operation with the current taxi services. Mr. Stender stated that he is pleasing residents in town, saving time and energy, along with fuel and emission odours. He noted that if you were to put a bus in place, people would have to walk to the bus stop to catch the bus and that his service is more convenient to the public. Mr. Stender has an established clientele from his years of owning a taxi company called Clarington Taxi. He is requesting that Council amend the taxi by-law to allow for a flat rate to be charged. Liz Vickery, 934 North Street Newcastle, L 1 B 1 L9, addressed Council advising them that she has been a resident of Regional Road 17 for a long time. At the present time there is ongoing construction of a McDonald's Restaurant near her home. Ms. Vickery has contacted the Planning Department but has not had her numerous questions answered to her satisfaction: 1. Would the McDonald's Restaurant be held responsible for the neighbours' wells? If so, does this mean they would have to take McDonald's to court if there were a problem? 2. What facilities would be responsible for water problems? 3. Is there a document or an agreement regarding issues of water depletion, contamination? 4. Is there a Water Depletion Report for the current Country Style Donuts? 5. Ms. Vickery understands that there will be emergency tanks installed underground for McDonald's. How will these emergency tanks work and how will they be filled? 6. Will McDonald's supplement the neighbours' wells if they run dry? Ms. Vickery stated to Council that McDonald's will be using water for such things as: . Toilets; . Washing hands; . Cleaning utensils; . Cleaning the kitchen; . Cleaning tables; . . . Council Minutes DELEGATIONS COMMUNICATIONS - 3 - March 19, 2001 . Cleaning walls; . Cleaning floors; . Cleaning the picnic area; . Washing spills; and . Watering flowers. The residents have other concerns which include: . Odour; . Garbage, who will clean the garbage; . Seagulls; . Increased traffic; and . Kids being injured. Will the residents be protected by law if their water is contaminated? Wayne Clarke, Valiant Property Management, 177 Nonquon Road, 20th Floor, Oshawa, L 1 G 3S2, pertaining to a confidential property matter. Resolution #C-1 09-01 Moved by Councillor Schell, seconded by Councillor Pingle THAT the meeting be "closed" to hear the delegation of Wayne Clarke pertaining to a property matter. "CARRIED" The meeting reconvened at 7:37 p.m. Resolution #C-11 0-01 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the communications to be received for information be approved. "CARRIED" ~ . . . Council Minutes COMMUNICATIONS 1-1 R06.GE 1- 2 F11.GE 1- 3 E05.GE 1-4 E05.GE - 4 . March 19, 2001 Andy Tielemans, advising Council that he feels that money would be better spent on community and seniors' services rather than indoor soccer fields. (Received for Information) James M. Flaherty, Minister of Finance and Chris Hodgson, Minister of Municipal Affairs and Housing, announcing that the 2001 Community Reinvestment Fund (CRF) amount received by each municipality will be equal to the 2000 year-end levels with adjustments made for the sharing of approved land ambulance costs. The allocation will include the adjusted CRF base, bonus and supplementary assistance. Notification outlining the electronic transfer of our 1st quarter 2001 CRF payment will follow. Our first quarter 2001 CRF payments will be based on 25% of our 2000 CRF entitlement and our 2nd quarter payment will be adjusted to reflect any year-end changes in our LSR eligible costs for 2000. (Received for Information) John Mills, Regional Director General, Ontario Region, Environment Canada, providing Council with a fact sheet that estimates the replacement costs to Caledon if groundwater were not readily available. The year 2000 will be remembered as the year Ontarians learned the importance of clean groundwater to human health. This experience clearly showed the ecological connections that exist between humans, our activities, the ecosystem in which we live including cycle and human health. To illustrate the economic value of groundwater, an Environment Canada case study has attempted to put a dollar value on the Town of Caledon's groundwater supply. Even if viewed solely from an economic perspective, water is a precious commodity. If it is used wisely and managed sustainably, groundwater resources should be available for an indefinite period. (Received for Information) John Mills, Regional Director General, Ontario Region, Environment Canada, providing Council with a fact sheet explaining the results of a study on property's proximity to natural areas is a desirable trait in the housing market. Restoring and protecting natural areas is not only good for the environment, but good for the economy. Higher property values can translate into increased municipal tax revenues in several ways. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-5 M02.GE 1-6 SOS.GE 1-7 C06.GE 1- S 1- 9 C06.CL - 5 - March 19, 2001 Erik Hemphill, Corporate Affairs Assistant, Molson Canada, advising Council of Molson Canada's 2001 Local Heroes program. Now in its fourth year, the Local Heroes program assists Canadians in maintaining, refurbishing or upgrading sports and recreational facilities within their neighbourhoods. Community volunteers provide the work force and canvas locally for in-kind donations of materials and supplies, while Molson provides the 'top-up' funding to complete projects in communities across Canada. Typical projects in the past have included restoring hiking trails, repairing hockey facilities and upgrading baseball diamonds. To date, they have awarded over $2 million and funded thousands of projects throughout the country. (Received for Information) Novina Wong, City Clerk, City of Toronto, advising Council that the Board of Health on February 19, 2001, adopted the recommendations contained in the report entitled "Air Quality and the Low Sulphur Fuel Purchasing Practise" from the Medical Officer of Health. (Received for Information) Minutes of the Ganaraska Region Conservation Authority dated December 14, November 16, 2000 and January 1S, 2001. (Received for Information) Ministry of Municipal Affairs and Housing, advising Council that the Province is going to introduce legislation that promotes cleaner, healthier communities. The government will introduce legislation in the spring to kick start the environmental cleanup and revitalization of former industrial or commercial sites known as brownfields. The proposed legislation forms part of the government's Smart Growth initiative launched by the Premier in January. The government will propose clear rules for the cleanup of contaminated brownfield sites to ensure that environmental standards are maintained and the public protected. In addition, the proposed legislation would streamline planning processes to expedite brownfield projects and help municipalities provide financial support for site assessment and cleanup costs of brownfields. (Received for Information) Minutes of the Clarke Museum & Archives dated February 6, 2001. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 10 A04.GE I - 11 E05.FL 1-12 E05.GE 1- 13 C10.MO - 6 - March 19, 2001 Organization of Small Urban Municipalities, advising Council of the Organization's 48th Annual Conference & Trade Show on May 2nd - 4th. As a result of a number of amalgamations of small urban and rural municipalities, they are concerned about maintaining a strong membership in their organization. Accordingly, it is hoped that new municipalities will continue to send their urban representatives to the OSUM Annual Conference and formally participate in the OSUM Caucus. The program has a wide variety of topics and allows opportunity for delegate participation. (Received for Information) Linda Ryan, Ganaraska Region Conservation Authority, reminding Council of the dangers that exist on our streams, rivers, ponds and lakes during spring break-up. Spring is quickly approaching and we look forward to warmer weather and being outdoors. Spring weather also brings us melting snow, rain, and the break-up of ice along our rivers, streams, ponds, and lakes. During this time of year we can expect higher, faster flowing water within our rivers and streams. In addition, slippery and unstable stream banks and extremely cold water temperatures can lead to very hazardous conditions close to any water body. (Received for Information) Ontario Power Generation, Nuclear Report Card for all sites for the month of January, 2001. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising that Regional Council on February 28, 2001, passed the following resolution: "a) THAT Phase 2 of the Durham Regional Official Plan review, outlined in Report #2001-P-11 of the Commissioner of Planning, be endorsed; and b) THAT a copy of Report #2001-P-11 of the Commissioner of Planning be forwarded to the Area Municipalities, Conservation Authorities in Durham and the Ministry of Municipal Affairs and Housing." (Received for Information) . . . Council Minutes COMMUNICATIONS 1-14 C10.MO 1-15 C10.MO - 7- March 19, 2001 P.M. Madill, Regional Clerk, Region of Durham, advising that Regional Council on February 28, 2001, passed the following resolution: "a) THAT the timetable for the 2001 Regional Budgets be revised in accordance with Attachment #1 to Report #2001- F-18 of the Commissioner of Finance, to provide for the review of the respective 2001 Departmental Budgets by Standing Committees; b) THAT Council of the Regional Municipality of Durham formally request that the Minister of Finance extend the date for the establishment of 2001 Tax Rates by upper tier municipalities from April 30, 2001 to 60 days after the date of receipt of information provided by the Province related to Durham's transition ratios and the average Provincial transition ratios; c) THAT a copy of Report #2001-F-18 of the Commissioner of Finance be forwarded to the Honourable Jim Flaherty, Minister of Finance, the Durham MPP's, the Durham Regional Police Services Board, the Area Municipalities and the Conservation Authorities; and d) THAT The Regional Chair be directed to write a letter on behalf of Regional Council to the Honourable Jim Flaherty, Minister of Finance and all Durham MPP's expressing concern with the delays related to obtaining essential information from the Province required in order to set Regional tax rates." (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising that Regional Council on February 28, 2001, passed the following recommendations regarding submission from "Protect the Ridges" regarding concerns of Stockpiling Paper Sludge and Composting of Leaf and Yard Waste: "a) THAT Report #2001-P-12 be receive for information; b) THAT the Regional Municipality of Durham, in consultation with the Area Municipalities, undertake a peer review of the Benefits Study; and . . . Council Minutes COMMUNICATIONS 1-16 C06.NE 1-17 C06.CL 1- 18 C06.LA 1-19 C06.BO 1-20 C06.AN 1-21 A01.GA - 8- March 19, 2001 c) THAT copies of Report #2001-P-12 and the Benefits Study be forwarded to the Ministry of Environment and the Area Municipalities." (Received for Information) Minutes of the Newcastle Community Hall Board dated February 19,2001. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee dated January 18, 2001. (Received for Information) Minutes of the Local Architectural Conservation Advisory Committee dated February 20, 2001. (Received for Information) Minutes of the Bowmanville Museum Board dated February 14, 2001. (Received for Information) Minutes of the Animal Advisory Committee dated February 9, 2001. (Received for Information) Linda J. Laliberte, General Manager/Secretary-Treasurer, Ganaraska Region Conservation Authority, advising Council that the Ganaraska Region Conservation Authority approved the 2001 general levy. The general base levy chargeable to the Municipality of Clarington is $144,946.66. The levy is payable in two installments, April 15th and October 15th. The five Conservation Authorities are in negotiations currently with the Region of Durham and are proposing a 6% increase in the base levy, which would result in an increase of $8,696.79 to the base levy. This portion of the levy will be decided within the next few weeks and an invoice issued at that time. (Received for Information) . . . Council Minutes COMMUNICATIONS D - 1 M02.GE D-3 M02.GE - 9 - March 19, 2001 Resolution #C-111-01 Moved by Councillor Robinson, seconded by Councillor Pingle THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 2, D - 7, and D - 12 to D - 22, inclusive. "CARRIED" Hannah Yang, Coordinator, Multiple Sclerosis, requesting permission to hold the 2nd Annual 2001 Bowmanville Super Cities Walk for MS in Bowmanville on Sunday, April 22nd. The 2001 Bowmanville Super Cities Walk for MS is a one day major fund raising event involving 120 cities across Canada. The funds raised help provide services for those in Bowmanville living with multiple sclerosis, as well as fund research initiatives into the cause and cure of the disease. Multiple sclerosis is the most common disease of the central nervous system affecting young Canadians today. The Bowmanville Walk is scheduled to begin on April 22nd at 8:00 a.m. and finish by 3:00 p.m. All routes will begin and end at the Bowmanville High School. All participants will be using sidewalks and will obey all traffic laws. (Approved provided the organizers apply for and obtain a road occupancy permit) Gloria Lin, Public Relations Assistant, Easter Seal Society, requesting the month of March be proclaimed "Easter Seal Month." From March 1 until April 16, 2001, The Easter Seal Society holds its Spring Campaign featuring exciting fundraisers throughout the city, encouraging people to help the close to 20,000 children with physical disabilities in Ontario. Communities are coming together to raise money for The Easter Seal Society so that they can help children and young adults with physical disabilities by purchasing expensive equipment needed for mobility and communication, send kids to summer camp and invest dollars in research and prevention. (Proclaimed) . . . Council Minutes COMMUNICATIONS D-4 M02.GE D-S M02.GE D-6 M02.GE - 10- March 19, 2001 Ramona Kaptyn, National Kids Da~, requesting that Saturday, June 9, 2001, be proclaimed the 4 Annual National Kids Day. Once again, mayors across Canada are playing a key role in the ever-increasing success of National Kids Day. Municipal involvement encourages Canadians to celebrate the special place children hold in our hearts and in our society and to help Canadian kids in need. As well as issuing a proclamation, we invite Clarington to celebrate National Kids Day by hosting an event in our square, fair grounds, community centre or at a school. Each year, many municipalities hold successful celebrations and fund raisers. (Proclaimed) Heather Farquhar, Secretary, Liberty Pentecostal Church, requesting permission to hold a Fireworks Display on their property on Sunday, July 1, 2001. The fireworks will be set back from the public in a cleared off field area with supervised barriers. Two flat bed trucks will also assist in acting as barriers. A licensed firework's company will be supervising the set up and releasing of the fireworks. (Permit approved to allow for the setting off of fireworks on July 1,2001, provided they are set off by an individual over the age of 21) Holly Benson, Executive Director, Child Find Ontario, requesting that Council proclaim the month of May "Green Ribbon of Hope". Last year almost 60,000 children in Canada were reported "missing", enough to fill every seat in the Skydome. 40% of all missing children, almost 20,000 in the year 2000, were from Ontario. Four times a week in Ontario, a child is the victim of a parental abduction. Child Find Ontario, a registered charitable organization, has been helping to bring missing children home for 16 years. Child Find is a community partner in the search for missing, abducted and runaway children and teenagers. With the support of almost 1,000 volunteers in communities likes ours across the province, they offer support to searching families, and work with investigating officers to help publicize these cases. Aided by corporate and civic partners, they distribute missing children's photographs and case information to help elicit the public's response in locating these children. (Proclaimed) . . . Council Minutes COMMUNICATIONS D-8 D-9 D-10 - 11 - March 19, 2001 Sgt. Paul A. Malik, Community Services Coordinator, Community Services Unit, Durham Regional Police Services, introducing Council to a group of concerned citizens who want to get involved in a community neighbourhood watch in Solina. Through persistence, devotion and hard work, these people have made an honourable effort to form a Neighbourhood Watch within their community. They have met all criteria as set out in the Durham Regional Police Service "Neighbourhood Watch Guidelines" and have received a commitment from their fellow neighbours of at least 75% participation. The Durham Regional Police Services endorses this new organization as an official Community Neighbourhood Watch. (Approval granted to install Neighbourhood Watch signs in this area) Sgt. Paul A. Malik, Community Services Coordinator, Community Services Unit, Durham Regional Police Services, introducing Council to a group of concerned citizens who want to get involved in a community neighbourhood watch at Ochonski Road in Orono. Through persistence, devotion and hard work, these people have made an honourable effort to form a Neighbourhood Watch within their community. They have met all criteria as set out in the Durham Regional Police Service "Neighbourhood Watch Guidelines" and have received a commitment from their fellow neighbours of at least 75% participation. The Durham Regional Police Services endorses this new organization as an official Community Neighbourhood Watch. (Approval granted to install Neighbourhood Watch signs in this area) William Humber, Chair, Old Bowmanville Neighbourhood Association, providing Council responses to their questions, as well as recent public commentaries regarding underground placement of hydro lines as part of the reconstruction of Centre Street from Concession to Carlisle. (Correspondence referred to the Director of Public Works) . Council Minutes - 12 - March 19,2001 COMMUNICATIONS D -11 Liz Vickery, providing Council with a petition against construction of a McDonald's Restaurant at the northwest corner of Regional Road 17. One of the main areas of concern is the fact that this facility will operate on private sewage and water. They feel that this could pose serious problems to an already troubled water supply. Their feels range from possible well contamination to total water depletion. Another area of concern would be garbage and odour. Many neighbours have experienced an increase in garbage as a result of the Country Style Donut shop. They cannot fathom the debris that will accumulate on their lawns and in their ditches as a result of a fast food chain like McDonald's. To address the area of odour, most of them have grown accustomed to farm odours. Though not always pleasant, they know it is not an every day experience. McDonald's however will be cooking 365 days a year; hamburgers and french fries are not something they want to smell when they are outside or for that matter when they open their windows. Then of course there is the area of traffic. The off ramp that will be used to obtain access to McDonald's, on an average day is very busy. They cannot imagine the chaos that would ensue with a McDonald's on the off ramp. On a long weekend the traffic just from the Petro Canada station and Country Style Donuts on the opposite corner of the McDonald's Building is overwhelming. Putting a heavier traffic flow on that off ramp would be an accident waiting to happen. . (Correspondence referred to the Director of Planning and Development) D-2 M02.GE Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville Business Centre, requesting approval to close King Street East from George Street to King Street West at Scugog Road, Temperance Street from Church Street south to the hole in the wall and Division Street from the Royal Bank building, north to the Division Street entrance to the parking lot for the following events: . Maple Festival and All That Jazz - Friday, May 4 at 8:00 p.m. until Saturday, May 5 at 7:00 p.m. Fabulous Fifties Festival - Saturday, June 23 at 5:00 a.m. until 8:00 p.m. August Midnight Madness - Friday, August 17 at 4:30 p.m. until Saturday, August 18 at 12:30 a.m. Apple Festival and Craft Sale - Friday, October 12 at 7:00 p.m. until Saturday, October 13 at 8:00 p.m. Christmas Moonlight Magic - Friday, December 7 at 4:00 p.m. until Saturday, December 6 at 12:30 a.m. . . . . . . . . Council Minutes COMMUNICATIONS D-7 R05.GE D-12 F11.GE - 13 - March 19, 2001 Also, if arrangements could be made to close the 20 King Street East parking lot at approximately 2:00 p.m. on Friday, October 12, so that preparations may begin for the Timbersport event, this too would be greatly appreciated. Resolution #C-112-01 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Item D - 2 be approved provided the organizers apply for and obtain road occupancy permits. "CARRIED" Oleh Perun, Park President, Mitchell's Corners Park Soccer Club, requesting that the local school be turned into a community centre for Mitchell's Corners residents. The Mitchell's Corners Park Soccer Club does not have the funds to purchase the dwelling, but would like to see it turned into a community centre. Hopefully the centre could be used for a community daycare centre, sports training centre, meeting place for community, or meeting centre for different sport and local groups. Also, the different sport organizations could display their accomplishments there. Hopefully with the help of the municipal government, together we might be able to keep our community alive and interested in local events. Resolution #C-113-01 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Item D - 7 be referred to the Director of Community Services, appropriate staff and the Kawartha Pine Ridge School Board. "CARRIED" Jack Colville, requesting financial assistance for Mark Sullivan. Mr. Colville thinks that the Municipality of Clarington should recognize fiddler Mark Sullivan for his talent and give his some financial support. Bowmanville has only produced one other musician, Rae Dudley, to Mr. Colville's knowledge, and did he get a helping hand from the town? . . . Council Minutes COMMUNICATIONS D -13 L 11.RE - 14 - March 19,2001 Resolution #C-114-01 Moved by Councillor Schell, seconded by Councillor Ping Ie THAT Correspondence Item D - 12 be received for information; and THAT Mr. Colville be advised of past practices and the Municipality's grant policy. "CARRIED" Gilles Pineau, Senior Policy Advisory, Office of the Minister of Canadian Heritage, regarding Remembrance Day. Remembrance Day, under the Holidays Act, is already a holiday. However, unlike a holiday such as Victoria Day, certain public places do remain open. The definition of days-off for employees is determined by provincial labour codes. To establish a holiday as a national special day, it has to be adopted by all of the provinces and territories under their respective Holiday Acts and labour codes. It also depends on whether a particular holiday is included in the applicable collective agreements between employers and employees. As each province and territory is responsible for determining the different options for employers in regard to statutory holidays and fair time off for employees, Council may wish to bring their resolution to the attention of the respective provincial and territorial departments of labour. Where the support of the federal government is requested for the proclamation of a national holiday, a Private Member's bill can be introduced for debate in the House of Commons. The Municipality of Clarington might, therefore, wish to contact its Member of Parliament with its request or consider starting a petition from individuals who would support its suggestion. Resolution #C-115-01 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Item D - 13 be received; and THAT the correspondence be copied to Alex Shepherd, MP. "CARRIED" . . . Council Minutes COMMUNICATIONS D -14 C07.GE - 15 - March 19, 2001 Laura Rowley, Clerk-Treasurer, Township of Armour, advising that the Township of Armour on February 13, 2001, passed the following resolution: 'WHEREAS the Corporation of the Township of Armour has experienced significant difficulty with the Appointment of Proxy Voting system in the Municipal Election of November 2000; AND WHEREAS such difficulties have resulted in the expression of public doubt as to the validity of some of the Proxy Votes cast in the November Election as well as the procedures of validating proxies and subsequent casting of the associate vote; AND WHEREAS such doubt has led to pending legal action (Application Record - Superior Court of Justice) naming the Township, Township Staff and three Council members; AND WHEREAS Council considers such legal actions as an opportunistic challenge to duly elected officials of the Township and administrative actions of Township staff during the election process; THEREFORE BE IT RESOLVED that Council request the Ministry of Municipal Affairs and Housing, 1. To execute a complete review and subsequent revision of the Appointment of Voting Proxy - Form 3 to correct a present seriously flawed system of voting: 2. To issue clear instructions to all municipalities on the administrative processes involved in the correct handling of the Proxy Vote system at the local municipal level; 3. To consider replacement of the present flawed Proxy Vote system with a workable version of the Vote by Mail system for casting absentee ballots. FURTHER BE IT RESOLVED that copies of this resolution be sent to all municipalities in the Province of Ontario, AMO, FONOM and local MPP and MP for their support." . . . Council Minutes COMMUNICATIONS D -15 F11.GE - 16- March 19,2001 Resolution #C-116-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 14 be referred to the Clerk's Department for consideration in conjunction with the forthcoming election report. "CARRIED" Jill Dockrill, Chief Executive Officer, Friendship Acceptance Support Treatment and Education Centre Inc., requesting that her son Tom Wilkinson meet the Mayor or his representative on his visit to Bowmanville as he walks across Ontario on April 1 , 2001, to increase awareness and obtain financial support for Fetal Alcohol Syndrome and Fetal Alcohol Effects. Ms. Dockrill is the adoptive mother of a twenty-three year old son Tom Wilkinson, who is affected with Fetal Alcohol Effects Syndrome, for years she has struggled to find programs and services to benefit her disabled child. Following two heart attacks, she wondered who would look after her son if she were not able to. After extensive research she discovered that presently no residential facilities exist in Canada for children or adults with FAS./FAE. Today government, breweries and distilleries fund many educational awareness programs on responsible drinking, however no commitments have been made to assist the many victims born disabled before the terrible effects of drinking during pregnancy were known. Because of this lack of services Ms. Dockrill's goal is to open the first Canadian FAS. Treatment and Education Centre. Resolution #C-117 -01 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Correspondence Item D - 15 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D -16 S10.GE D -17 C10.MO - 17- March 19, 2001 Regional Councillor Larry O'Connor, Chair, Health & Social Services Committee, providing Council with a report on the municipal regulation of boarding and lodging houses. With respect to this issue, the Region has a somewhat limited role. As the report states, under the Health Protection and Promotion Act (HPPA), the Medical Officer of Health has a duty to inspect boarding and lodging houses in his health unit. In addition, the Food Premises Regulation, under the HPPA, also applies to those boarding houses where meals are provided to 10 or more boarders. Despite the preceding statutory obligations, many local boarding and lodging houses are not inspected by a public health inspector because s/he are not aware of their existence. It is anticipated that the enactment of local boarding and lodging houses by-laws would greatly aid in addressing this deficiency. To this end, in 1990, the Region promoted the adoption of a model boarding house by-law. Unfortunately, the establishment of the Commission of Inquiry into Unregulated Residential Accommodation interrupted the adoption of the model by-law by all the area municipalities. Regretfully, in the end, the Government of Ontario adopted very few of the Commissioner's recommendations. Accordingly, problems with unregulated residential accommodation continue to persist. Resolution #C-118-01 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item D -16 be referred to the Planning and Development Department, the Clerk's Department and John O'Toole, MPP. "CARRIED" Carolyn Downs, Manager Council Support/City Clerk, City of Kingston, advising Council that the City of Kingston on February 6, 2001, passed the following resolution: "WHEREAS environmental awareness and protection are becoming increasingly essential to the further sustainability of world ecology; AND WHEREAS sustainable food production must incorporate principals that recognize the impact of production on the environment; . Council Minutes - 18 - March 19, 2001 COMMUNICATIONS AND WHEREAS the Environmental Farm Plan has been and continues to be an impressive example of a self evaluation process that addresses environmental protection at the primary production level; AND WHEREAS funding for this program has been made available from the Government of Canada through Canadian Adaptation and Rural Development Fund of Agriculture and Agri Food Canada programming; AND WHEREAS those funds will be exhausted at the end of the first quarter of 2001; AND WHEREAS the Province of Ontario must participate fully in this initiative with financial support; THEREFORE BE IT RESOLVED that the City of Kingston endorse the Environmental Farm Plan as its own; . AND THAT the Provincial Government through the Ministry of Food and Rural Affairs be lobbied to become more fully involved by providing funding; AND THAT the City of Kingston, through the appropriate medium, lobby the Canadian Adaptation and Rural Development Fund of Agriculture and Agri Food Canada and the Federal Agriculture Minister to extend funding for the program; AND FURTHER THAT the City of Kingston forward this resolution to municipalities province wide for endorsement and the purpose of lobbying the Federal Government to extend funding to this demonstrated successful program." Resolution #C-119-01 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 17 be referred to the Agricultural Advisory Committee. . "CARRIED" . . . Council Minutes COMMUNICATIONS D-18 C10.MO - 19 - March 19, 2001 Marion I. Koepke, Deputy Clerk, Owen Sound City, advising Council that Owen Sound City on March 5, 2001, passed the following resolution: "WHEREAS the securing of court facilities and the transporting of prisoners and patients around the province has been mandated as a responsibility of the police service of each municipality housing a court facility, even though none of the above are core functions of policing; and WHEREAS these downloaded responsibilities will place a huge, added financial burden on these municipalities and their taxpayers; and WHEREAS the Ministry of the Solicitor General had once indicated that the Province was looking at taking over the responsibility for the transportation of prisoners and possibly the court security function; THEREFORE BE IT RESOLVED THAT the City of Own Sound hereby petition the Province to give immediate and binding assurance that the functions of prisoner transportation and court security will be fully assumed by the Province or alternatively that each affected municipality will be fully reimbursed for the actual costs if they are required to carry out these responsibilities, and further THAT support of other AMO member municipalities be sought through an AMO fax circulation." Resolution #C-120-01 Moved by Councillor Schell, seconded by Councillor Trim THAT the resolution of the City of Owen Sound regarding the transportation of prisoners and court security be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS D -19 D-20 - 20- March 19, 2001 Brad Teichman, McCarthy Tetrault, advising Council of a confidential property matter. Resolution #C-121-01 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Item D -19 be considered under Unfinished Business during a "closed" session of Council. "CARRIED" Correspondence Items D - 20 to D - 22, inclusive, were distributed to Council as handouts. Justinian Scott Creed, requesting Council to extend the date for him to relocate his animals from April 2, 2001 to May 15, 2001. Resolution #C-122-01 Moved by Councillor Schell, seconded by Councillor Rowe THAT the Rules of Procedures be suspended in order to allow for the introduction of a reconsideration motion. "CARRIED" Resolution #C-123-01 Moved by Councillor MacArthur, seconded by Councillor Rowe THAT Resolution #C-091-01 be reconsidered at this time. "CARRIED" Resolution #C-124-01 Moved by Councillor Rowe, seconded by Councillor Schell THAT Resolution #C-091-01 be amended by changing the date of April 2, 2001 to May 15, 2001, to allow for Mr. Creed the additional time to relocate his animals. "CARRIED" . . . Council Minutes COMMUNICATIONS D -21 D -22 NOTICE OF MOTION MOTION - 21 - March 19,2001 Alex Shepherd, MP, advising Council that the deadline for applications to the Canada-Ontario Infrastructure Program under the SCTP component has been extended to April 12, 2001. Resolution #C-125-01 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item D - 21 be referred to staff for consideration. "CARRIED" Deanna Knight, SheMoon Inc., requesting that Council designate the event she is hosting on Friday, March 30, 2001, a community cultural festival to help Ms. Knight release her new CD, Shadow of a Star. Resolution #C-126-01 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the Correspondence received from Deanna Knight, SheMoon Inc., be received; THAT the event scheduled for Friday, March 30, 2001, at Newcastle Town Hall to celebrate the hometown release of a new CD, Shadow of a Star be designated a community cultural festival by the Council of the Municipality of Clarington; and THAT Deanna Knight be advised of Council's decision. "CARRIED" . . . Council Minutes REPORTS Report #1 G.PA Report March 5, 2001 Report #2 Review of GTSB - 22- March 19, 2001 Resolution #C-127-01 Moved by Councillor Schell, seconded by Councillor Pingle THAT the actions taken by the General Purpose and Administration Committee on March 5, 2001, be approved. "CARRIED" Resolution #C-128-01 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Report ADMIN-05-01 be received; THAT the GTSB be advised that the Municipality of Clarington endorses Option D - a Provincial Ministry; and THAT a copy of Report ADMIN-05-01 be forwarded to the GTSB and the Region of Durham. "CARRIED ON THEFOLLOWING RECORDED VOTE" Recorded Vote Declaration of Council Member Yea Nay Pecuniary Absent Interest Councillor MacArthur X Councillor Ping Ie X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mayor Mutton X . . . Council Minutes - 23- March 19, 2001 UNFINISHED BUSINESS Verbal Report of the Solicitor Resolution #C-129-01 Moved by Councillor Rowe, seconded by Councillor Schell THAT the confidential verbal report of the Solicitor be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" Resolution #C-130-01 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the delegation of Ralph Stender be referred to the Clerk's Department for review and report. "CARRIED" Resolution #C-131-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT the delegation of Liz Vickery be referred to staff to address her concerns. "CARRIED" Resolution #C-132-01 Moved by Councillor Trim, seconded by Councillor Schell THAT the order of the agenda be altered to consider Other Business at this time. "CARRIED" . . ~. Council Minutes - 24- March 19, 2001 OTHER BUSINESS Resolution #C-133-01 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Councillor Gord Robinson be appointed to the Newcastle Arena Board; and THAT the amending By-law be approved by Council. "CARRIED" Regional Update Councillor Schell advised Council that Central Lake Ontario Conservation is holding their Maple Festival at Purple Woods on March 24 and 25. Boards and Committees Councillor MacArthur advised Council that he attended a fabulous Big Sisters' Fundraiser Event. The Hampton Citizen's Association has been meeting regarding the revitalization of their pond and it is looking for areas of funding. Councillor Pingle advised that the Samuel Wilmot Nature Area has organized hikes which will take place the morning and afternoon of April 21,2001, to celebrate Earth Day. The Ontario Power Generation's March break activities included talks by Chief Top Leaf, crafts, movies, hikes and wagon rides. On April 21,2001, there will be a hike-a-thon to raise funds for the East View Boys and Girls Club. Councillor Robinson advised that the applications are in for the Agricultural Advisory Committee and that the response was excellent. There is a fund raising dance on March 31,2001, for the Kendal Community Centre. The Orono BIA are inviting the Mayor and the Clarington Board of Trade for a presentation to attract new affiliate members and to further promote Orono and its events. The meeting will be held at the Orono Town Hall on April 11 , 2001. Councillor Rowe advised Council that the Friends of Second Marsh will be holding their awards ceremony on April 4, 2001. Kawartha Conservation Authority passed their budget on March 14, 2001. The budget was reduced, thus keeping the Conservation Authority alive. . . . Council Minutes OTHER BUSINESS - 25- March 19, 2001 Councillor Trim advised that, along with Mayor Mutton, he attended a meeting of the Ganaraska Conservation Authority where Mark Peacock presented a very educational power point presentation on the Oak Ridges Moraine. He has been invited to attended the meeting scheduled for April 2, 2001, to make the presentation to Clarington Council. Mayor Mutton advised that Diane McKenzie has been elected the new Chair of the Bowmanville Museum Board. Resolution #C-134-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting be "closed" in order to deal with a confidential legal matter and a confidential property matter. "CARRIED" Resolution #C-135-01 Moved by Councillor Schell, seconded by Councillor Rowe WHEREAS the Municipality of Clarington has filed an appeal of the assessed value on the Ontario Power Generation, Darlington Nuclear Station, site; NOW THEREFORE BE IT RESOLVED THAT Council hereby authorizes staff, under advisement from the Municipality's legal counsel, Mr. Hefferon, to engage the necessary expert consultants required to defend the appeal; THAT funds necessary for consultants and legal advise be drawn from the Reserve for Assessment Appeals; and THAT a report to Council be prepared on the status of the appeal and the use of funds when sufficient information is available. "CARRIED" . . . Council Minutes OTHER BUSINESS - 26- March 19, 2001 Resolution #C-136-01 Moved by Councillor Trim, seconded by Councillor Robinson THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Resolution #C-137-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT the Rules of Procedure be suspended to allow for the introduction of a reconsideration motion. "CARRIED" Resolution #C-138-01 Moved by Councillor Schell, seconded by Councillor Rowe THAT Resolution #C-127-01 be reconsidered as it relates to Item #7 of Report #1. "CARRIED" Resolution #C-139-0 1 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Item #7 of Report #1 be amended by adding the following new third paragraph: "THAT Council herein expresses its intent to fund the project, to the extent possible, from Development Charges." "CARRIED" . . . Council Minutes BY-LAWS - 27- March 19, 2001 Resolution #C-140-01 Moved by Councillor Trim, seconded by Councillor Schell THAT leave be granted to introduce By-laws 2001-042 and 2001-047, and that the said by-laws be now read a first and second time: 2001-042 being a by-law to adopt Amendment 22 to the Clarington Official Plan (Donald and Norma Welsh) 2001-043 being a by-law to authorize the execution of an offer to Lease Agreement between the Corporation of the Municipality of Clarington and the Bethesda House of Mercy, in respect of a lease for the premises situated at 150 Port Darlington, Bowmanville, Ontario 2001-044 being a by-law to exempt from local property taxes, property in Clarington owned by Branch 178 of the Royal Canadian Legion, pursuant to Section 207(62) of the Municipal Act 2001-045 being a by-law to repeal By-law 2001-019, a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1319164 Ontario Limited) 2001-046 being a by-law to amend By-law 2001-011, a by-law to appoint Members to the Newcastle Arena Board 2001-047 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" Resolution #C-141-01 Moved by Councillor Trim, seconded by Councillor Schell THAT the third and final reading of By-laws 2001-042 to 2001-047, inclusive be approved. "CARRIED" . Council Minutes - 28- March 19, 2001 CONFIRMING BY-LAW . ADJOURNMENT . Resolution #C-142-01 Moved by Councillor Trim, seconded by Councillor Schell THAT leave be granted to introduce By-law 2001-048 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 19th day of March 2001, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-143-01 Moved by Council/or Trim, seconded by Councillor Schell THAT the third and final reading of By-law 2001-048 be approved. "CARRIED" Resolution #C-143-01 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the meeting adjourn at 8:59 p.m. "CARRIED"