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HomeMy WebLinkAbout05/29/2001 . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON May 29,2001 Minutes of a regular meeting of Council held on May 29, 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 Fire Chief, M. Creighton Director, Planning and Development, D. Crome Solicitor, D. Hefferon Confidential Secretary to the Clerk, H. Keyzers Treasurer, M. Marano Director, Public Works, S. Vokes Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES Councillor Rowe indicated that she would be disclosing a pecuniary interest with respect to Item #6 of Report #1 and By-law #2001-094. Resolution #C-299-01 Moved by Councillor Rowe, seconded by Councillor Robinson THAT the minutes of a special meeting of Council held on May 3,2001, be approved. "CARRIED" . . . Council Minutes MINUTES PRESENTATIONS - 2- May 29,2001 Resolution #C-300-01 Moved by Councillor Rowe, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on May 14, 2001, be approved. "CARRIED" Dr. Donna L. Reynolds, Associate Medical Officer of Health and Mr. Ross MacEachern, Manager, Environmental Health, Regional Municipality of Durham Health Department, provided Council with an update on the recent e-coli breakout in some local homes for the aged. The Durham Region Health Department began investigating the e-coli in July 2000. The first incidents trace back to late December 1999 or early January 2000. The virus has recently been headlined in the news due to a Durham Region resident being infected. All facilities in the Durham Region have been open to investigation. We must understanding that this is not the same type of e-coli that Walkerton discovered in their water. This type is a normal organisms in the bowel and it is necessary for the digestion system, however, it becomes dangerous if it is located in organs or tissues that it should not be in. There are 93 residents of Durham Region carrying the e-coli virus. Dr. Reynolds provided Council with a slide presentation regarding the West Nile Virus (WNV), outlining the following: . An arthropod-borne virus - female mosquitoes Birds as primary host Discovered in Uganda in 1937 Since 1994 increased severity - number of outbreaks, human cases, human deaths In 1951, 1954, 1957 epidemics in Israel, mostly children, mild symptoms Mosquito vector, incidental infections, incidental infections of mammals, usually birds In 1999 New York City had 62 cases, 7 deaths, including 1 male from Toronto 2-3% infected, mild or no symptoms, mosquitoes, birds, horses, other mammals infected The yirus hit the US and Canada in the year 2000 . . . . . . . . c . . . Council Minutes PRESENTATIONS - 3 - May 29,2001 . Surveillance for dead birds. especially crows, ravens, blue jays and raptors . Humans viral encephalitislmeningitis . Transfer from mosquitoes . 21 human cases (Aug - Oct), 2 deaths . US 25% birds +ve (n = 16,000) - 88% American crow . Ontario 1,562 cases none positive in 2000 - only 352 crowsljays . Virus was found in sentinel chickens, sentinel mosquito pools . Must assume its here in 2001 Durham Region Health Department have surveillance of: . Dead birds, crows, jays, ravens, raptors Trauma, injury emaciation, predation ok Fresh carcasses (no decay, maggots) Sightings and pick-ups, start May 15th Humans; enhanced passive hospital surveillance Other animals, CFIA, OMAFRA (esp. horses) Mosquitoes? . . . . . . Dr. Reynolds described the levels of response set by the WNV National Steering Committee. Currently, the most effective way to preyent transmission of WNV to humans and other animals, or to control an epidemic once transmission has begun, is to have adequate mosquito control capabilities. The Durham Region and 8 municipalities have no mosquito control programs. We need to establish a Durham Region West Nile Virus Preparedness Committee to develop an integrated mosquito management plan for the prevention of West Nile Virus in Durham Region. . Council Minutes PRESENTATIONS . . -4- May 29, 2001 Myno VanDyke provided Council with a brief overview of the life of Sydney Venton, Chief of Police for the Town of Bowmanville from 1928 to 1956. Born in England, Mr. Venton moved to Canada and worked on a farm until 1914. He returned to England for WWI and on October 29, 1914 he was in his first battle. The British were hopelessly outnumbered. Mr. Venton was one of the only survivors. During this battle, he rescued a Colonel's life and was captured. He than began his life as a prisoner of war, working in mines and later was sent to work on German farms. In 1920, Mr. Venton joined the Oshawa Police Department and became Chief of Police in Bowmanville in 1928. During this time he lived at 79 Division Street, Bowmanville. In 1945 he missed death again, when he arrested two bank robbers after a gunfight. In 1956 he developed heart problems and could no longer perform the job of Chief, but insisted that he stay on the Police force at a desk job until he retired in 1958 at 71 years of age. On December 8, 1970, Mr. Venton died of a heart attack. He knew every inch of the town and every person in it. Mr. Venton demonstrated kindness to eyeryone. Mayor Mutton presented Myno Van Dyke and Mr. Venton's children, Audrey Murdoch and Don Venton, with a plaque in memory of the late Sydney Venton. Elizabeth Alchin, 189 Guildwood Drive, Bowmanville, L 1C 3M9, advised earlier that she should not be in attendance this evening. Ms. Alchin previously circulated a petition to Council regarding the final design of Guildwood Park. This petition shows that 26 residents do not want a basketball court in the park, 27 do not want the tennis court and 8 do not want the spray pad feature. Residents who have signed the petition have various concerns including: . The design of the park has changed it from a "neighbourhood" park to a municipal park, increasing noise and vehicle traffic; · The increased vehicle traffic will result in safety and on-street parking problems; · The basketball court will be used late at night as a hangout since it is located close to street lights; . Increase in the already existing vandalism; and . Maintenance of equipment. . Council Minutes DELEGATIONS . . . . . . . . . . . . . . . - 5 - May 29, 2001 Bill Humber, 15 Beech Ayenue, Bowmanville, L 1 C 3A 1, addressed Council objecting to the recommendations contained in Report WD-20-01. These actions will begin the paving of the only green space area in Bowmanville. This is unacceptable for several reasons: nothing can condone paving of parkland no meaningful discussion, no response the report is misleading no Enyironmental Assessment was undertaken no structural needs for sewers speeds up need for underground work future digging problematic expenditure of over $50,000 many unanswered questions remain regarding the use of the building no alternatives were brought forward infrastructure plan doesn't identify anything until 2003 50 parking spaces is inadequate would this be acceptable anywhere else Meredith Strike, an 8 year-old resident, requested that Council not build skyscrapers or buildings in her special place. If you build skyscrapers in her park then children will not play there, birds will not sing and animals will not live there. Don Welsh, Clarington Older Adult Association, 26 Beech Avenue, Bowmanville, L 1 C 3A 1, appeared on behalf of the Clarington Older Adult Association in support of the recommendations contained in Report WD-20-01. Les-Lee Bell, 1970 Taunton Road East, Hampton, LOB 1JO, was called but was not present. . . . Council Minutes DELEGATIONS COMMUNICATIONS - 6- May 29,2001 Stanislawa Michalska, 3455 Solina Road, Courtice, L 1C 3K4, appeared before Council requesting that her dog, Cora, not be labelled a vicious dog. In December 1999, Ms. Michalska bought her dog. Cora is a friendly, dachshund dog who has never shown aggression to anyone. She is obedient and Ms. Michalska's friends and their children come over to the house all the time and there has never been an incident. The dog is always in contact with people and other dogs and Cora is always on her leash when walked. Ms. Michalsak's fiance circulated exhibits for Council's review, which included pictures, the leash that Cora is walked on and three letters from neighbours stating that Cora is not a vicious dog. Ms. Michalska's fiance was at home at the time of the incident and his sister came home stating that the dog had pulled on a child's pant leg after been stepped on. The child's father showed up and said that he was going to sue. When Ms. Michalska's fiance tried to tell the man that the dog has had all its shots, the father was not interested in seeing any of the documentation. Ms. Michalska's family has been under a lot of stress due to this incident. The Health Department has been to her house to observe Cora. During this time, Cora showed no abnormal behaviour. Ms. Michalska strongly believes that Cora is not a vicious dog. Resolution #C-301-01 Moved by Councillor Rowe, seconded by Councillor Robinson THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:25 p.m. Resolution #C-302-01 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the communications to be received for information be approved with the exception of Items 1-7, 1-13, 1-14, 1-16 and 1-20. "CARRIED" . . . Council Minutes COMMUNICATIONS I - 1 C06.BO 1-2 C06.SA 1-3 C06.BL 1-4 C10.MO 1-5 C10.MO - 7- May 29,2001 Minutes of the Bowmanville Museum Board dated April 11 , 2001. (Received for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated February 13, March 13 and April 1 0, 2001. (Received for Information) Minutes of the Blue Circle Community Relations Committee dated November 27,2000 and January 22,2001. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising The Honourable David Collenette, Minister of Transport, that the Council of the Regional Municipality of Durham on May 2, 2001, passed the following resolution: "a) THAT the Minister of Transport, David Collenette, be advised that the Region of Durham wishes to participate in the process of developing a strategy for protection of the Federally owned lands in Durham Region for green space; and b) THAT Commissioner's Report No. 2001-P-34 be forwarded to the Minister of Transport, the Ministry of Municipal Affairs and Housing, the Greater Toronto Airports Authority, the GT A Regions, the Rouge Park Alliance, the Greater Toronto Services Board, and the Conservation Authorities and the Area Municipalities in Durham Region, for information." (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising The Honourable Michael Harris, Premier of Ontario, that the Council of the Regional Municipality of Durham on May 2, 2001, passed the following resolution: "1. THAT the Regional Municipality of Durham restate its position that hospital capital funding is not a core service responsibility of local,governments; . Council Minutes - 8 - May 29, 2001 COMMUNICATIONS 2. THAT notwithstanding the foregoing the Regional Municipality of Durham is prepared to become a partner in funding Durham's hospital capital requirements subject to the following conditions: a) THAT the Province of Ontario commit to funding at least 70% of the capital cost of Durham's hospitals; b) THAT the Province be requested to allow municipalities to levy development charges for the growth related capital needs of local hospitals by amending the Development Charges Act to include hospitals, as defined in the Public Hospital Act, as an eligible service with additional amendments to allow any hospital DC full exemption from consideration of the historical service level provision and municipal contributions (existing or forecast); . c) THAT the allocation of any Regional funding, including development charges revenue, be subject to the mutual agreement of the Region of Durham and the local hospitals within Durham Region and further that hospitals receiving such allocations be required to provide financial statements to Regional Council as specified by the Regional Treasurer. AND THAT this resolution be circulated to The Honourable Mike Harris, Premier of Ontario, The Honourable Tony Clement, Minister of Health and all MPP's in Durham Region." (Received for Information) 1-6 F22.TA Association of Municipalities of Ontario, advising Council that the Government is expected to move very quickly on amendments to the Ontario Property Assessment Corporation Act, 1997. AMO is concerned with the proposed composition of a re-constituted Board. They are pressing the Ministry of Finance to restore a clear municipal majority on the OPAC Board. This is critical to supporting the "say for pay" principle that was the basis of the Local Services Restructuring. AMO agrees that the relationship between provincial policy, OPAC implementation and municipal governments is critical. AMO is pleased that this will be enhanced through a Joint Committee and a more transparent and accountable reporting process will be put in place. . . Council Minutes - 9- May 29,2001 COMMUNICATIONS In order to ensure that any regulatory changes can be implemented effectively, AMO has recommended that the Minister provide the opportunity for a draft review of amendments as they come forward. (Received for Information) 1-8 Carl G. Amrhein, Professor and Dean, Faculty of Arts and Science, University of Toronto, providing Council with a copy of the Proceedings of the conference Gridlock - A Deterrent to Economic Growth: Solutions for Tomorrow. The conference benefited from the knowledge and creative thinking of politicians, civil servants, academics and representatives from the private sector. (Received for Information) 1-9 D02.0A Ministry of Municipal Affairs and Housing, advising Council that the Ontario government is moving forward on Smart Growth with new legislation intended to protect the environmentally sensitive Oak Ridges Moraine and promote the cleanup of brownfields. Legislation being introduced would freeze development on the Oak Ridges Moraine for six months while a long-term action plan to protect the moraine is developed through consultation. (Received for Information) . 1- 10 M02.GE Richard Toms, Administrator, Visual Arts Centre of Clarington, inviting Council to their fundraising event 'Shadowbox Junction' from June 6 to 10, 2001, with an opening reception on June 8th at 7:00 p.m. This is a silent auction event featuring 30 respected area artists. (Received for Information) I - 11 Association of Municipalities of Ontario, advising Council that AMO is calling for reconsideration of applicability of Public Sector Accountability Act to Municipal Government. AMO's initial review of the Bill raised a number of alarm bells and the President has sent a letter to Minister Flaherty with a clear message that he reconsider including municipalities. The Bill fails to recognize the difference between democratically elected municipal governments and other public bodies as defined in the legislation. It will result in duplication and does not recognize the accountability framework that municipalities already operate under, adding more cost to municipal government. AMQ will be reviewing the legislation in greater detail over the coming weeks in order to meet with the Province and to convince them to exempt municipalities from this legislation in light of the other activities underway. (Received for Information) . . . . Council Minutes COMMUNICATIONS 1-12 L 11.GE 1- 15 A01.GR 1-17 C06.CL 1-18 C06.CL 1- 19 C10.MO - 10- May 29, 2001 Honourable John C. Snobelen, Minister of Natural Resources, responding to the municipality's letter regarding the adopted resolution from the Regional Municipality of Durham on pit or quarry licences. Applicants for a pit or quarry licence must circulate the application andlor certain amendments to the upper- and lower-tier municipalities, which represent the interest of ratepayers. It is anticipated that in the near future, these applications will be posted on the Environmental Bill of Rights Registry, through which all interested parties, including neighbouring municipalities, may provide comments. In 1997, when Bill 52 amended the Aggregate Resources Act, circulation of information to municipalities was changed to be in line with the Planning Act. For this reason, he is not prepared, at this time, to amend the regulations under the Aggregate Resources Act. (Received for Information) Marcel L. Brunelle, Mayor, Corporation of the Town of Whitby, writing to the Honourable J. Flaherty, M.P.P., regarding the Greater Toronto Services Board expanded mandate. (Received for Information) Minutes of the Clarington Agricultural Advisory Committee dated April 19, 2001. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee dated April 19, 2001. (Received for Information) Bruce Taylor, City Clerk, City of Pickering, advising Council that the City of Pickering on May 7,2001, passed the following resolution: "1. THAT City Council receive for information, Report to Council MO 01-010n the governance reform process in Durham Region. 2. THAT City Council request Durham Council to not establish a final position on governance reform until the "Made-in- Durham" governance study being undertaken for the City of Pickering and the City of Oshawa by The Berkeley Consulting Group is completed. . . . Council Minutes COMMUNICATIONS 1-7 AMO Reaction to Ontario Budget F11.GE - 11 - May 29, 2001 3. THAT pending completion of the Berkeley Consulting Group's study, the City of Pickering confirm that it remains supportive of: a) A modified 2-tier system with a "slimmed down" Region acting as an agent of the lower tier; b) Potential municipal amalgamations, including the amalgamation of Pickering and Ajax; and c) A review of a reduction in the number of politicians in Durham Region. 4. THAT a copy of Report to Council MO 01-01 be forwarded to Regional Council and all other municipalities in Durham Region. (Received for Information) Association of Municipalities of Ontario, advising Council of AMO's reaction to the Ontario Budget. AMO and its members welcome the designation of $500 million to transportation and environment. It is imperative that SuperBuild moves quickly to release this money. Municipalities have been frustrated with the slow process of awarding money under SuperBuild to date. Nearly a year after OSTAR funding for water and sewer projects was announced, only 3 million out of $240 million has been awarded. Resolution #C-303-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT the Municipality of Clarington support the Association of Municipalities of Ontario's position to advise Queens' Park of their reaction to the Ontario Budget; and THAT a copy of this letter be sent to John O'Toole, MPP. "CARRIED" . . . Council Minutes COMMUNICATIONS 1- 13 Ontario's Promise 1-14 F11.CH - 12 - May 29, 2001 Ontario's Promise, The Partnership for Children and Youth, advising Council that on November 3, 2000, Premier Mike Harris launched Ontario's Promise - The Partnership for Children and Youth. The initiative is bringing businesses, non-profit agencies serving children, community leaders, parents and individuals together to make and keep five promises to the province's young people. At its core, Ontario's Promise is really five promises - each made to the children and youth of this province. Taken together, these five promises encompass the fundamental elements that are essential to the successful development of children and youth. 1. A healthy start 2. An adult who cares 3. Safe places to learn and grow 4. The tools to succeed 5. A chance to make a difference Resolution #C-304-01 Moved by Councillor Rowe, seconded by Councillor Robinson THAT Correspondence Item D - 13 be referred to the Director of Community Services and the Clarington Youth Advisory Committee. "CARRIED" Bowmanville Horticultural Society, providing a copy of their application to the Trillium Foundation for their Beautification and Naturalization Projects. Resolution #C-305-01 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item I - 14 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS I - 16 E05.GE -13- May 29, 2001 Don Terry, Public Affairs, Darlington Nuclear, Ontario Power Generation, (OPG), advising Council that the Ontario Power Generation staff will be interviewing about 300 Clarington and Oshawa residents this summer about such things as where their food comes from as part of an enhancement to Darlington Nuclear's Radiological Environmental Monitoring Program. The existing program monitors the local area, however, in recent years the local community has grown and its demographic characteristics have changed. OPG will be better able to coordinate routine sampling of local foodstuff. Regular monitoring is part of Darlington's licensing condition from the Canadian Nuclear Safety Commission. Radiological emissions from Ontario Power Generation's nuclear facilities are typically well below all regulatory limits. The additional data from this upgrade is expected to confirm that Darlington's emissions remain far below regulatory requirement and represent only a small fraction of naturally occurring radiation sources. Resolution #C-306-01 Moved by Councillor Pingle, seconded by Councillor Robinson THAT Correspondence Item I - 16 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-307-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT the foregoing Resolution #C-306-01 be amended by adding the following thereto: "THAT Correspondence Item I - 16 be referred to the Clarington Agricultural Advisory Committee." "CARRIED" The foregoing Resolution #C-306-01 was then put to a vote and "CARRIED AS AMENDED." . . . Council Minutes COMMUNICATIONS 1-20 GO Transit L07.GE - 14- May 29, 2001 Roger M. Anderson, Regional Chair, Region of Durham, writing to Gary McNeil, Managing Director, GO Transit, requesting that GO take the necessary steps to budget for and secure lands west of Martin Road in Bowmanville within the next five years, so that a station location can be protected. In 1994, DS Lea Associates completed a GO Station Location Study for the Municipality of Clarington, identifying a preferred site. Since the completion of this study, both the Region and the Municipality of Clarington have protected this preferred site. The owner of these lands has recently approached both the Region and Clarington requesting that these lands be secured by GO, or alternatively that these lands be allowed to develop for residential purposes. The owner of the site prefers the latter if a process to secure the site is not imminent. Resolution #C-308-01 Moved by Councillor Rowe, seconded by Councillor Trim THAT a letter supporting the Region's position regarding the securing of lands by GO Transit be sent to Gary McNeil, Gordon Chong, the Durham Regional Transit Committee, and Eldred King, Chair, GO Transit. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Council Member Yea Nay Pecuniary Absent Interest Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mavor Mutton X Correspondence Items D - 15 and D - 16 were distributed to Council as handouts. . . . Council Minutes COMMUNICATIONS D - 1 L 11.PR D-2 M02.GE D-3 M02.GE - 15 - May 29,2001 Resolution #C-309-01 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the Correspondence Items be approved as per the agenda, with the exception of Items D - 4, D - 9 to D - 14, inclusive, and D - 16. "CARRIED" Ian Parrott, Senior Waste Engineer, Ministry of the Environment, advising Council that the Ministry has received an application from Detox Environmental for the amendment of their Provisional Certificate of Approval located at 322 Bennett Road. It is requested that the Municipality make comments with respect to the application and confirm that the property is properly zoned. (Correspondence referred to the Director of Planning and Development) Ron Hope, President, Newcastle BIA, requesting that King Street (east of Baldwin/North Streets to the west side of Beaver Street) in the Village of Newcastle be closed from 8:00 a.m. until 5:00 p.m. on June 16, 2001, for the Massey Show. The main north-south street, Mill Street, will remain open. (Approved provided the organizers apply for and obtain a Road Occupancy Permit) Gary Cole, Parade Chairman, Orange Lodge, requesting street closures for the Annual Orange Parade. The event will take place July 12, 2001, from 7:00 p.m. until 8:30 p.m. in the Village of Orono. The parade route will depart from the arena, march along Centre Street to Main Street. The parade will then continue along Main Street south to Station Street and then back to the arena. The parade will taken no longer than 12 - 15 minutes to pass any given point. (Approved provided the organizers apply for and obtain a Road Occupancy Permit) . Council Minutes COMMUNICATIONS D-5 E05.GE D-6 R05.GE . D-7 T02.GE . - 16- May 29,2001 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, advising that the Regional Planning Committee considered Commissioner's Report 2001-J-5 which reported on correspondence from the City of Waterloo requesting support for a resolution asking the Province of Ontario to authorize Municipalities to pass by-laws to regulate the application and use of pesticides. Regional Planning Committee tabled the report and requested that it be circulated to the area municipalities for comment. (Correspondence referred to the Director of Public Works) Rose Valley Neighbours, providing a petition to Council indicating their displeasure and opposition to any design of Mearns' Avenue Neighbourhood Park (Appleblossom) that would include a baseball (softball) diamond, additional soccer pitch, or other sports facilities and/or parking lot. In addition to the potential for property damage to the surrounding homes, they feel that an added sports facility of any size would increase traffic, therefore jeopardizing the safety of their children. Those homeowners agreeing to pay an additional park-lot premium were led to believe the park would include a small play structure, pathways and a seating area. They were also advised that the existing trees would be preserved, in addition to several new trees and vegetation being planted. Had there existed an intent or even speculation of designing a sports field and parking lot at Appleblossom Park, many of them would have chosen lots elsewhere in the subdivision. (Correspondence referred to the Director of Public Works) Bill Thompson, wishing to add his name to the growing list of people raising parking concerns. Mr. Thompson's wife and himself are senior citizens who like to take a walk several times a day. The daytime hours are not really a problem but during the evening hours people insist on parking on the boulevard and blocking the sidewalks forcing people to go out to the road to get around their vehicles. Also the overnight parking of large trucks in the area is not consistent with a residential area and is an eyesore. (Correspondence referred to the Senior Municipal Law Enforcement Officer) . . . Council Minutes COMMUNICATIONS D-8 F22.TA D -15 M02.GE D-4 E01.CE - 17- May 29, 2001 A. Craig Fromstein, advising Council that denying tax information over the phone will prove counterproductive. There is no justification for denying that information to the vendor or the vendor's agent. Denying information to the vendor's lawyer will serve only to antagonize the vender who will be forced to obtain the information from Clarington in lieu of the lawyer. Mr. Fromstein is sure that many taxpayers will have no hesitation in yoicing their displeasure to the tax clerks because they haye been forced into this situation and because, without doubt, many taxpayers will inadvertently obtain incomplete tax information and will be forced to contact Clarington again. The proposal, if implemented, will result in angry taxpayers, frustrated lawyers, wasted time, declining municipal tax clerk morale and increasing tax account delinquency and collection procedures. (Advise of Council's decision with respect to Report TR-27-01) Sherri Petherick, Program Coordinator, Heart and Stroke Foundation, Durham East Chapter, requesting a road occupancy permit for their Bowmanville Big Bike for Stroke Event on Sunday, June 10, 2001. A tentative schedule has been set for 8:00 a.m. to 2:00 p.m. There will be a police escort on the day of the event, though there will be no need for any road closures. (Approved provided the organizers apply for and obtain a Road Occupancy Permit) Peter Balaban, District Manager, York-Durham District Office, . Minister of the Environment, advising Council that Atlantic Packaging Ltd. and Courtice Auto Wreckers Ltd. have submitted an application to the Environmental Assessment and Approvals Branch of the Ministry of Environment. The request is for an Amendment to Provisional Certificate of Approval. Under Section 32, Part V of the Environmental Protection Act, the Director has the discretion to hold public hearings on applications for waste disposal site approvals. Resolution #C-310-01 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Correspondence Item D - 4 be referred to the Director of Planning and Development. "CARRIED" . . . Council Minutes COMMUNICATIONS D -14 M02.GE D -16 - 18- May 29, 2001 John Fletcher, Orono Downtown Business Improvement Association, requesting that the parking fees be waived at the Orono Park on Sunday, July 1, 2001. The Orono DBIA is once again organizing events for Canada Day at the Orono Park, this will include free swimming at the pool, a performance by the Clarington Band and children's activities. Resolution #C-311-01 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 14 be tabled; and THAT the Municipal Clerk address the issue of John Fletcher sending information on behalf of the Orono Downtown Business Improvement Association. "CARRIED" P.M. Madill, Regional Clerk, Regional Municipality of Durham, providing Council with an extract from the Regional Council meeting of May 23, 2001, regarding Hospital Funding - Property Tax Billings for a One Percent Elective Contribution for Durham Regional Health Care. Resolution #C-312-01 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D -16 be referred to the Treasurer. "CARRIED" . . . Council Minutes COMMUNICATIONS D-9 F22.TA - 19- May 29,2001 Barbara L. King, requesting Council to support the motion by Peterborough County to have the Separate School Board development charges be withdrawn from agricultural structures. Ms. King owns and operates a farm in the former Township of Clarke. She recently applied for a building permit only to find out that square footage is now used to appraise the agricultural building she is building. Her building permit cost her almost $1000 more than it would have cost her last year at this time. Ms. King's second surprise was when she was told that her building permit was ready, she would need an additional $800.00+ to have her permit released to her due to the Separate School Board development fund. Ms. King contacted the Catholic School Board and has told that the Peterborough County has put forth an appeal to the OMB to have these development taxes withdrawn. Ms. King would like to show her support in favour of having the development tax abolished and is requesting that the Municipality show opposition to the Separate School Board. Resolution #C-313-0 1 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the Municipality of Clarington put forth an appeal to the Ontario Municipal Board to have the Separate School Board development charges withdrawn from agricultural structures; and THAT Correspondence Item D - 9 be referred to the Clarington Agricultural Advisory Committee. (SEE FOLLOWING MOTIONS) Resolution #C-314-01 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Resolution #C-313-01 be divided into two separate motions. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 10 M02.GE - 20- May 29,2001 Resolution #C-315-01 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT the Municipality of Clarington put forth an appeal to the Ontario Municipal Board to have the Separate School Board development charges withdrawn from agricultural structures. "MOTION LOST" Resolution #C-316-01 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Correspondence Item D - 9 be referred to the Clarington Agricultural Advisory Committee "CARRIED" lain Maciver, requesting that Council provide leadership and erect a memorial cairn at the Bowmanville Creek Valley to remember volunteers. Recently, a very close friend to Mr. Maciver, Bob Simpson, died. Mr. Simpson's significant contributions range from the Rubber Duck Derby, Campbell House and the Lions Club amongst others. Few knew he gave his time to anyone in need from individuals to the Brownies. A week or so before his death they were at a Provincial presentation where his efforts were acknowledged by the Province. Mr. Maciver is requesting that names of volunteers who have died since the start of the Year 2000 be added to the cairn. The deceased would have a small plaque affixed to the cairn in their memory. He is also requesting that Council appoint a Councillor to convene a meeting of Presidents of the 250 or so organizations in town along with representatives from the Funeral Homes and Nursing Homes in order to build on this idea and create same before the summer is out. Resolution #C-317 -01 Moved by Councillor Rowe, seconded by Councillor Schell THAT Correspondence Item D - 10 be referred to the Chief Administrative Officer. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 11 C10.MO - 21 - May 29, 2001 Brenda Sigouin, Clerk-Administrator, Township of Essa, advising Council that the Township of Essa passed the following resolution: "WHEREAS in 1994 the Ontario Government approved a six month pilot project for photo radar on selected Greater Toronto and Peterborough area highways with high collision experience; AND WHEREAS the pilot project was found to have resulted in a 15% to 29% reduction in speeding at the two lane test site, a 25% to 34% reduction at the four lane test site, and a 30% to 60% reduction at the six lane test site; AND WHEREAS the media coverage of the introduction of these units at the time, is believed to have resulted in an overall reduction in speeding on all highways in the Province; AND WHEREAS a reduction in the speed of vehicles results in a reduction in fatalities and major injuries; AND WHEREAS in 1995 the Ontario Government discontinued this photo radar program; NOW THEREFORE BE IT RESOLVED that the Premier of Ontario be requested to reinstitute the photo radar program on all major Provincial highways in an effort to reduce motor vehicle accidents and resulting injuries and deaths; AND FURTHER, that a copy of this resolution be forwarded to all Municipalities for their endorsement and that said Municipalities be requested to advise their local M.P.P.'s and the Premier's office of their endorsement; AND FURTHER, that the Association of Municipalities of Ontario be requested to place this resolution on the floor at this year's AMO Conference; AND FURTHER, that the Ontario Provincial Police, the Ontario Police Association and the Ontario Police Chiefs Association be requested to support the resolution." . . . Council Minutes COMMUNICATIONS D - 12 C06.CL D - 13 C10.MO - 22- May 29, 2001 Resolution #C-318-01 Moved by Councillor Schell, seconded by Councillor Trim THAT the resolution from the Township of Essa regarding photo radar be endorsed by the Council of the Municipality of Clarington. "CARRIED" Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council of various resolutions passed by the Clarington Agricultural Advisory Committee at their meeting of April 19, 2001. Resolution #C-319-01 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolutions passed by the Clarington Agricultural Advisory Committee dealing with the following matters be endorsed by the Council of the Municipality of Clarington: . Town of Caldeon re: Agricultural Funding Extension; . City of Kingston re: Environmental Farm Plan; . Village of MerrickYille-Wolford re: Federal Funding; and . Appointments to the Durham Agricultural Advisory Committee. "CARRIED" Jayne Carman, Deputy Clerk, County of Brant, advising Council that the County of Brant on May 1,2001, passed the following resolution: "WHEREAS the Ambulance Act requires ambulances to respond to calls received from Dispatch Services; AND WHEREAS this commonly results in cross-border ambulance services that are billed to the recipient municipality; AND WHEREAS these costs are based on the provider municipality's average cost per call as prescribed in Part IV of Ontario Regulation 129/99 made under The Ambulance Act; . . . Council Minutes COMMUNICATIONS MOTION - 23 - May 29, 2001 AND WHEREAS the cost for these cross-border ambulance services are unfair to municipalities with lower average costs per call; THEREFORE BE IT RESOLVED that the County of Brant and the City of Brantford request the Association of Municipalities of Ontario to lobby the Ministry of Health to initiate the standardization of cross-municipality ambulance services costs; AND THAT this resolution be forwarded to municipalities province wide for endorsement and for the purpose of lobbying the Association of Municipalities of Ontario and the Ministry of Health to standardize these costs." Resolution #C-320-01 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D -13 be received for information; and THAT a copy of Correspondence Item D - 13 be referred to the Regional Municipality of Durham. "CARRIED" NOTICE OF MOTIONS E05.GE Resolution #C-321-01 Moved by Councillor Rowe, seconded by Councillor Schell WHEREAS the storage and/or spreading of biosolids, especially paper sludge, has been and continues to be under regulation by the Ministry of the Environment, however, when this same waste mixed with sand and called Soundsorb is being stored in enormous quantities on lands bordering Clarington on the Oak Ridges Moraine, it is not subject to these same regulations; . . . Council Minutes - 25- May 29, 2001 NOTICE OF MOTIONS E05.GE REPORTS Report #1 G.P.A. Report May 22, 2001 AND FURTHER THAT the City of Oshawa, the Township of Scugog, the Protect the Ridges Coalition, the Durham Region Health Unit, Mr. John O'Toole, M.P.P., and the Clarington Agricultural Advisory Committee be advised of this resolution. "CARRIED" Resolution #C-322-01 Moved by Councillor Rowe, seconded by Councillor Schell WHEREAS the storage and/or spreading of paper and sewage sludge in Clarington, as well as on neighbouring lands in Oshawa and Scugog, is of concern to the Municipality of Clarington; THEREFORE BE IT RESOLVED THAT the Municipality of Clarington notify the Ministry of the Environment's York-Durham District office that the Municipality urges the Ministry of the Environment to release the results of the groundwater sampling taken from the areas of paper sludge storage and spreading; AND FURTHER THAT the Municipality of Clarington advise the Durham Region Health Department of our continuing interest in this matter; AND FURTHER THAT copies of this resolution be sent to the City of Oshawa, the Township of Scugog and the Protection the Ridges Coalition. "CARRIED" Resolution #C-323-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT the actions taken by the General Purpose and Administration Committee on May 22, 2001, be approved with the exception of Items #6, #8, #9, #11 and #18. "CARRIED" . . . Council Minutes - 26- May 29, 2001 REPORTS Councillor Rowe stated a pecuniary interest regarding Item #6 of Report #1 ; vacated her chair and refrained from discussion and voting on the subject matter. Councillor Rowe's husband is a partner of Clinic Buildings (1979) Limited. Item #6 of Resolution #C-324-01 Report #1 D14.ZBA.99.036 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report PD-052-01 be received; THAT the rezoning application ZBA 99-036 to amend Zoning By-law 84-63, as submitted on behalf of Clinic Buildings (1979) Limited, to permit the severance of the senior citizens apartment building from the medical/dental clinic be approved as shown on Attachment 3 to Report PD-052-01 and that the appropriate by-law be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PD-052-01; and THAT all interested parties listed in Report PD-052-01 and any delegations be advised of Council's decision. "CARRIED" Item #8 of Report #1 L04.HY Resolution #C-325-01 Moved by Councillor Trim, seconded by Councillor Robinson THAT the Addendum to Report WD-26-01 be received; THAT Report WD-26-01 be received; THAT a by-law be passed to authorize the execution of the Licence Agreement between the Municipality, Hydro One and Hydro One Telecom Inc. (HOT) contained in Attachment NO.1 to the Addendum to Report WD-26-01 and that the Licence Agreement executed on behalf of the Municipality be delivered to Hydro One and HOT after Hydro One has applied for the closure and conveyance to it of the portion of the unopened Martin Road allowance between the South Service Road and the northerly limit of the CN Rail right-of-way; . . . Council Minutes REPORTS Item #9 of Report #1 - 27- May 29,2001 THAT Report WD-26-01 be amended by deleting the Licence Agreement contained in Attachment NO.2 and by replacing it with the Licence Agreement contained in Attachment NO.1 to the Addendum to Report WD-26-01; and THAT a copy of Addendum to Report WD-26-01 be sent to Yuri Huminilowycz of Hydro One Telcom Inc. "CARRIED" Resolution #C-326-01 Moved by Councillor, seconded by Councillor THAT Report WD-20-01 be received; THAT Council approve, in principle, the expansion of parking facilities at 26 Beech Avenue in the area south of the tennis courts; THAT this project be recommended in the Year 2002 Capital Budget; THAT the existing parking lot be repaved at the time of expansion; THAT Council approve the Beech Avenue and Lowe Street storm sewers as a provisional item; and THAT the Clarington Older Adult Association, Old Bowmanville Neighbourhood Association and Bowmanville Tennis Club be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE" . . . Council Minutes - 28 - May 29, 2001 REPORTS Recorded Vote Declaration of Council Member Yea Nay Pecuniary Absent Interest Councillor MacArthur X Councillor Pingle X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mavor Mutton X Item #11 of Report #1 Resolution #C-327-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report CS-17 -01 be referred back to staff for one week for refinement. "CARRIED" Item #18 of Report #1 Resolution #C-328-01 Moved by Councillor Schell, seconded by Councillor Robinson THAT Report TR-27-01 be tabled for one week to allow for discussions with interested parties. "CARRIED" Report #2 Resolution #C-329-01 Report CD-31-01 Moved by Councillor Rowe, seconded by Councillor Trim Vicious Dog Declaration THAT Report CD-31-01 be received for information. Michalska P14.AN "CARRIED" . . . Council Minutes May 29, 2001 - 29- UNFINISHED BUSINESS Report CD-27-01 Resolution #C-330-01 Vicious Dog Declaration - Bell Moved by Councillor Robinson, seconded by Councillor Rowe P14.AN THAT Report CD-27-01 be lifted from the table; THAT Report CD-27-01 be received; and THAT the vicious dog declaration served on Les-Lee Bell be upheld. "CARRIED" Addendum to Resolution #C-331-01 Report CS-17-01 M02.GE Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the Addendum to Report No. CS-17-01 be received; THAT Report No. CS-17-01 be received for information; THAT the amended policy for the Municipality of Clarington Award for Academic Excellence (Attachment #1 to Addendum to Report No. CS-17-01) be approved; THAT the Municipality of Clarington Award for Academic Excellence be implemented for the graduating classes of 2002; THAT a copy of the amended policy be forwarded to the respective school boards for endorsement; and THAT Rosemary Shkordoffs request for permanent sponsorship of an award be denied and she be encouraged to apply for the Award of Excellence Program in 2002. "CARRIED" Report TR-27-01 Resolution #C-332-01 F22.TA Moved by Councillor Rowe, seconded by Councillor Schell THAT Report TR-27-01 be lifted from the table. "CARRIED" . . . Council Minutes - 30- May 29, 2001 UNFINISHED BUSINESS BY-LAWS Resolution #C-333-01 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report TR-27-01 be received; and THAT Council approve a charge of a tax certificate fee at the prevailing rate, currently $60.00, for any verbal information requested over the telephone. "CARRIED" Resolution #C-334-01 Moved by Councillor Trim, seconded by Councillor Schell THAT leave be granted to introduce By-laws 2001-092, 2001-093, 2001-095 to 2001-101, inclusive, and that the said by-laws be now read a first and second time: 2001-092 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2001-093 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington 2001-095 being a by-law to authorize an agreement between the Corporation of the Municipality of Clarington and the Regional Municipality of Durham to continue delegating the responsibility for administration and enforcement of the Building Code Act and the Ontario Building Code in respect of sewage systems 2001-096 being a by-law to authorize the execution by the Mayor and Clerk of a Licencing Agreement between the Municipality of Clarington and Hydro One Inc. and Hydro One Telecom Inc. . . . Council Minutes BY-LAWS - 31 - May 29, 2001 2001-097 being a by-law to authorize the execution of an agreement between the Municipality of Clarington and Mr. G. Gilpin, Mr. R. Hooper and Mr. B. Purdy to organize and coordinate the Concerts in the Park series at Rotary Park 2001-098 being a by-law to prohibit and regulate the discharge of guns or other firearms, air-guns, spring-guns, cross-bows, long-bows in the Municipality of Clarington and to repeal By-law 2001-052 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle 2001-099 2001-100 being a by-law to designate a certain portion of Registered Plan 40M-1977 as not being subject to Part Lot Control and to repeal By-law 2001-082 2001-101 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Ontario Independent Crematorium Ltd., to enter into an agreement for the sale of 1200 Haines Street, Bowmanville, Ontario "CARRIED" Councillor Rowe stated a pecuniary interest with respect to By-law 2001-094; and refrained from discussion and voting on the subject matter. Councillor Rowe's husband is a partner of Clinic Buildings (1979) Ltd. Resolution #C-335-01 Moved by Councillor Trim, seconded by Councillor Schell THAT leave be granted to introduce By-law 2001-094, being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington, and that the said by-laws be now read a first and second time. "CARRIED" . . . Council Minutes BY-LAWS OTHER BUSINESS Regional Update Committee and Boards Update - 32 - May 29,2001 Resolution #C-336-01 Moved by Councillor Trim, seconded by Councillor Schell THAT the third and final reading of By-laws 2001-092 to 2001-101 inclusive, be approved. "CARRIED" Councillor Schell advised Council of the Oak Ridges Moraine symposium on June 23,2001, being held in King City to discuss Province Government Strategies on the Moraine. Councillor Schell reported that the building permit activity from the Region states that building applications have decreased along with the fees. Mayor Mutton attended an FCM meeting in Banff which included approximately 2000 politicians. At this meeting, Mr. Jack Layton was elected President. Mayor Mutton requested that staff investigate with the BIA on-street recycling bins. Youth related crimes in the municipality have escalated and several acts of vandalism have occurred in Rotary Park. The Durham Region Police have had information cards completed on 30 youths between the ages of 13 to 14. The police are going to be calling and sending letters to parents as well as billing the parents for the damage caused by youth. Councillor MacArthur attended meetings for the Library Board, Museum Board, Animal Advisory Committee and Local Architectural Conservation Advisory Committee. He had the opportunity to attend the opening of the Durham Professional Soccer Team - the Durham Flames. Councillor MacArthur attended the breakfast for the organization committee of the Terry Fox Run where Pete Lomax, a Clarington Fire Fighter, received the Corporation trophy for best performance of last year. Councillor Ping Ie advised Council that the Ontario Power Generation and 150 local boy scouts planted 2000 trees in May. The Courtice Secondary School students delivered boxes that they build to the Ronald MacDonald House. The Ontario Power Generation sponsored and participated in the backyard festival and in June they will be participating in the Race Against Drugs. The Clarke Museum will be holding their annual book sale on June 22 and 23, 2001. . . . Council Minutes OTHER BUSINESS - 33- May 29,2001 Councillor Robinson advised that he has attended two Agricultural Advisory Committees. Stephen Vokes, Director of Public Works was in attendance at the last meeting when the Committee discussed machinery signs being put on Concession Roads, seasonal roads and the gateways entering hamlets. Mike Creighton, Fire Chief will be attending the next scheduled meeting to discuss brush burning. Councillor Rowe advised that she attended the 16th Annual Juried Show at the Visual Arts Centre. The Mayor's award was presented to a Montreal artist. On June 28th the Courtice Business Association will be celebrating Canada Day and will be holding a barbeque for their final meeting on June 6, 2001, at the Whitecliffe Terrace. Councillor Schell advised that the Bowmanville BIA's Fabulous 50s sidewalks sale is being held on June 21 - 23,2001. The Concerts in the Park will be held Thursday evenings from June 14 to August 30 at Rotary Park--attendance is growing every year. Councillor Trim attended the WhitbylOshawalClarington's United Way Annual Awards dinner last Thursday. Saturday he attended the Jungle Cat World along with the White Pine Scouts Division. On Sunday, Councillor Trim attended the Sea Cadet inspection in Orono, on behalf of Mayor Mutton. Mayor Mutton advised that he will be chairing a meeting May 30,2001, with the Ganaraska Conservation Authority and the residents of Garden Hill regarding the garden hill pond pollution. Resolution #C-337-01 Moved by Councillor Schell, seconded by Councillor Pingle THAT the Rules of Procedures be suspended to allow for the introduction of new business at this time. "CARRIED" . . . Council Minutes OTHER BUSINESS Massey Show F05.BU M02.GE - 34- May 29, 2001 Resolution #C-338-01 Moved by Councillor Trim, seconded by Councillor Robinson WHEREAS the Massey Show is being held in Newcastle Village on June 16, 2001; AND WHEREAS the Show is expected to draw approximately 5,000 attendees to the Municipality; AND WHEREAS Council wishes to express support for the event; THEREFORE BE IT RESOLVED that Council provide a grant of approximately $800.00 to cover the cost of providing portable washrooms for the event to be financed from the un allocated grant account #7613-99-X. "CARRIED" Resolution #C-339-01 Moved by Councillor Trim, seconded by Councillor Schell THAT the presentation of Dr. Donna L. Reynolds and Ross MacEachern be received with thanks. "CARRIED" CONFIRMING BY-LAW Councillor Rowe stated a pecuniary interest earlier in the meeting and refrained from voting on the confirming by-law. Resolution #C-340-01 Moved by Councillor Trim, seconded by Council/or Schell THAT leave be granted to introduce By-law 2001-102 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 May 2001, and that the said by-law be now read a first and second time. "CARRIED" . . . Council Minutes - 35 - May 29, 2001 CONFIRMING BY-LAW Resolution #C-341-01 Moved by Councillor Trim, seconded by Councillor Schell THAT the third and final reading of By-law 2001-102 be approved. "CARRIED" ADJOURNMENT Resolution #C-342-01 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT the meeting adjourn at 9:58 p.m. "CARRIED"