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HomeMy WebLinkAbout04/25/2000 . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARlNGTON April 25, 2000 Minutes of a regular meeting of Council held on Monday, April 25, 2000, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor D. Hamre Councillor J. Mutton Councillor M. Novak Councillor J. Rowe Councillor J. Schell Councillor C. Trim Councillor T. Young Chief Administrative Officer, F. Wu Director, Community Services, J. Caruana (attended until 9:28 p.m.) Director, Planning and Development, D. Crome Solicitor, D. Hefferon Treasurer, M. Marano (attended until 9:28 p.m.) Director, Public Works, S. Vokes (attended until 9:28 p.m.) Division Fire Chief, G. Weir (attended until 9:28 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to Report #4 and also By-law #2000-55. MINUTES OF PREVIOUS MEETING Resolution #C-209-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT the minutes of a regular meeting of Council held on April 10, 2000, be approved. "CARRIED" . . . Council Minutes PUBLIC HEARING PRESENTATION DELEGATION - 2- April 25, 2000 In accordance with Section 20 of the Development Charges Act, 1997, the Council of the Municipality of Clarington is holding a hearing into a complaint filed by Aird & Berlis on behalf of Ridge Pine Park Inc., owner and operator of Wilmot Creek. David Rice, addressed Council on behalf of Rice Development and Ridge Pine Park. Mr. Rice is of the opinion that the development agreement entered into in 1981 between the Town of Newcastle and Ridge Pine Park is grandfathered by the municipality's new Development Charge By-law. He is requesting Council to stand behind this development agreement and direct staff to return funds which have been over paid for building permits in March 2000. Mr. Rice proceeded to explain the design of the homes in Wilmot Creek to illustrate that they truly are mobile homes. Kim Kovar, Aird & Berlis, Suite 1800, Box 754, 181 Bay Street, Toronto, M5J 2T9 reiterated Mr. Rice's comments that the 1981 agreement is grandfathered with the new Development Charge By-law and stated that parties of an agreement cannot alter the agreement at their desire. Susan Arends, Marketing, Tourism and Communications Department, indicated that the municipality, in partnership with Ontario Power Generation - Darlington, sponsored the "Frozen in Time" photo contest this past winter. Of the 27 entries which were received, the photo "Lighthouse on Guard" by photographer Timothy Cadden, has been chosen as the winner. Together with Phil LeSauvage, Manager, Public Affairs, Ontario Power Generation Darlington, Mayor Hamre presented a digital camera to Mr. Cadden in recognition of his prize entry. Scott Creed, 150 Tamblyn Road, Orono, LOB IMO appeared before Council to request to be added to Schedule "C" of the municipality's Exotic Animal By-law to allow him to keep exotic cats which he uses in relation to his business for education purposes. Mr. Creed has been operating from this property for several years, however, it has recently come to his attention that he has been doing so in contravention of both the zoning by-law and the exotic animal by-law. He has submitted a rezoning application to the Planning and Development Department. . . . Council Minutes DELEGATIONS COMMUNICATIONS 1- 1 C10.MO - 3 - April 25, 2000 Otto Provenzano, 309 Kenwood Road, Whitby, LlN 2G2 addressed Council with respect to snow clearing on sidewalks adjacent to 1678 Highway 2, Courtice, Ontario. Mr. Provenzano indicated that this property has a frontage of 625 feet on Highway 2. The sidewalk is generally being used for residents to access the Courtice Community Centre, therefore, Mr. Provenzano is of the opinion that the municipality should clear the sidewalk of snow rather than the property owner. With such a large frontage, he feels it is unfair to have to shovel the entire sidewalk. Resolution #C-210-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT Council recess for 15 minutes. "CARRIED" The meeting reconvened at 8:30 p.m. Resolution #C-2Il-00 Moved by Councillor Rowe, seconded by Councillor Young THAT the communications to be received for information be approved with the exception ofItems I - 7, I - 27, I - 28 and I -29. "CARRIED" P.M. Madill, Regional Clerk, Region of Durham, advising that the Council ofthe Region of Durham on April 5, 2000, passed the following resolution regarding Waste Diversion Organization: "THAT Report #2000-WR-7 of the Commissioner of Works be received for information and that a copy be forwarded to the Municipality ofClarington and Councillor David Ryan, City of Pickering." (Received for Information) . . . Council Minutes COMMUNICATIONS 1-2 CIO.MO 1- 3 E05.GE 1-4 C10.MO -4- April 25, 2000 P.M. Madill, Regional Clerk, Region of Durham, advising that the Council of the Region of Durham on April 5, 2000, passed the following resolution regarding the Interim Report from the Public Works Officials "Who does What" Committee: "a) THAT the 'Who Does What' Service Review Interim Report from the Public Works Officials within Durham, attached to Report #2000-W-3l of the Commissioner of Works, be received for information; b) THAT the progress made so far by the 'Who Does What' Committee be supported; c) THAT the' Who Does What' Committee be encouraged to continue and to meet the guidelines set by Regional Council; and d) THAT a copy of Report #2000-W-3l be forwarded to the area municipalities." (Received for Information) Ian D. Macnab, General Manager/Secretary-Treasurer, Kawartha Conservation Al1thority, announcing that Kawartha Conservation is now the distributor of Arbour rain barrels. The use of rain barrels to collect water for later use in lawn and garden watering is an excellent means of conserving water and ensuring a healthier and cleaner environment. Public response to this initiative has been very positive and they are seeking our cooperation to further promote this conservation initiative. The barrels cost $70.00 plus PST. People wishing to purchase barrels can do so from the Kawartha Conservation office at Ken Reid Conservation Area. They believe that the barrels are a good means of conserving water and that the public very much appreciates the opportunity of obtaining them locally, at a reasonable cost, with the knowledge that their purchase supports conservation. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, advising that the Council of the Region of Durham on April 5, 2000, passed the following resolution regarding the review of the Durham Regional Official Plan: "a) THAT the initiation of the Durham Regional Official Plan review, outlined in Report #2000-P-26 of the Commissioner of Planning, be endorsed; and . . . Council Minutes COMMUNICATIONS 1-5 R04.GE 1-6 C06.LA 1- 8 C06.VA 1-9 C06.V A 1- 10 E06.GE - 5- April 25, 2000 b) THAT a copy of Report #2000-P-26 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) Executive of the Clarington Boy's Slo-Pitch Association, thanking the Municipality of Clarington for the warm reception they received when they presented their cheque to Council. They believe that this is the direction that all teams should take as a partner in the community. This will improve the diamonds for all the kids without taxing the Municipality's budget. Hopefully this sets a precedent for other Leagues to follow. This way, in a short time, there will be a lot more diamonds available to our children and our town. (Received for Information) Minutes ofthe Local Architectural Conservation Advisory Committee dated March 21, 2000. (A copy ofthe correspondence is attached to the Summary of Correspondence.) (Received for Information) Minutes of the Valleys 2000 (Bowmanville) Inc. meeting dated March 23, 2000. (A copy of the correspondence is attached to the Sununary of Correspondence. ) (Received for Information) Minutes of the Valleys 2000 (Bowmanville) Inc. meeting dated April 6, 2000. (Received for Information) John Wiersma, President & Chief Executive Officer, Veridian Corporation, providing a copy of the press release on their acquisition of Port Hope Hydro. Port Hope Hydro is in their long term strategic interest due to its proximity to Clarington. The new Clarington/Port Hope Service Centre will have the critical mass for their field operations east of Oshawa. Port Hope Hydro also has significant in terms oflong term shareholder value. The distribution system is in excellent condition and Port Hope has a high proportion of industrial load. (A copy of the correspondence is attached to the Sununary of Correspondence.) (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 11 ClO.MO 1- 12 - 6 - April 25, 2000 Hazel McCallion, Mayor, City of Mississauga, writing to The Honourable Tony Clement, Minister of Municipal Affairs and Housing, advising that the City of Mississauga on March 29, 2000, passed the following recommendation: "WHEREAS the Minister of Municipal Affairs and Housing was sent a copy ofthe report dated January 2000 prepared by the mayors of Markham, Vaughan, Burlington, Brampton, Newmarket and Mississauga which requested that the Province proceed with the job ofrestructuring in the 905 areas; AND WHEREAS the Council of the Corporation of the City of Mississauga at its meeting on January 19, 2000, passed Resolution 0018-2000 requesting that the Minister of Municipal Affairs and Housing deal with the six Mayors' report on the restructuring of municipal government in the 905 Regions by the end of February 2000; AND WHEREAS the Minister has advised by letter dated March 16, 2000, that the Provincial Government is awaiting the report of the Greater Toronto Services Board (GTSB) regarding its roles and responsibilities; AND WHEREAS the Mississauga Members of Council are concerned that this report be dealt with by the current members who are familiar with the GTSB; NOW THEREFORE BE IT RESOLVED that the Minister of Municipal Affairs and Housing request that this report be submitted to the GTSB at the latest by early November 2000 in order that the present members are able to deal with the matter." (Received for Information) Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, responding to the Administrator-Clerk, Township of Scugog regarding the recent changes in the Ontario Ministry of Agriculture, Food and Rural Mfairs. He is pleased to provide further clarification about the future business direction of the ministry. This direction, while significant, is in fact a stage is an evolution that has been occurring for some time. As we enter the new millennium, the ministry must provide provincial leadership on a number of critical issues facing rural Ontario. A framework is under development to balance livestock production, environmental concerns, and rural non-farm interests. . . . Council Minutes COMMUNICATIONS 1- 13 E05.GE 1-14 E05.GE - 7- April 25, 2000 The ministry will focus on the quality and accessibility of our rural water supply, as well as address food safety and on-farm food quality concerns, continue to improve pesticide use, and explore the potential of genetically modified foods. The realignment ofOMAFRA will assist in meeting these challenges. Through their provincial specialists and program leads, as well as regional economic development staff, they will continue to provide information directly to clients in a number of ways including their popular publications, factsheets, and over the Internet. Ministry specialists located in 13 resource centres and seven co-locations will have many opportunities to meet and interact with farmers across the province as they continue to tackle key issues facing the agriculture and food sectors. Staff at six northern sites will work regionally with clients while 16 regional information coordinators will be located across southern Ontario. Their role will be to help increase awareness in the agri-food community of emerging trends and technologies and identifY issues that arise in the region. They will co-ordinate and market the resources of the ministry to the agri-food and rural community by providing information through media releases, articles and speaking engagements to various groups. They will also work closely with staff of Government Information Centres, two of which are located in Whitby and Lindsay, to ensure that information is also made available to clients through these locations. (Received for Information) Charles E. Packer, Site Vice President, Darlington Nuclear Generating Station, providing Council with the annual report cards for Ontario Power Generation Nuclear and Darlington Nuclear. (A copy of the correspondence is attached to the Sununary of Correspondence.) (Received for Information) Ross Fitchett, Public Affairs, Pickering Nuclear, providing Council with their monthly Report Card for Ontario Power Generation Nuclear and Pickering and Darlington Nuclear. (A copy of the correspondence is attached to the Summary of Correspondence.) (Received for Information) . Council Minutes - 8 - April 25, 2000 COMMUNICA nONS 1- 15 Ernie Hardeman, Minister of Agriculture, Food and Rural Affairs, advising Council of a letter sent to Sandy Archibald regarding her concerns for the future of the Integrated Pest Management program. This government is committed to providing the information to farm and rural families that will ensure they are able to make sound business decisions. Several of their strong provincial grower organizations, private sector consultants and not-for-profit sector groups have the ability to act as deliverers of information and expertise. It is now necessary to redirect resources to providing solutions to the key critical provincial issues identified by farm organizations. These issues include the quality and accessibility to our rural water supply, food safety and on-farm food quality concerns, improved pesticide use and exploring the potential of genetically modified foods. The realignment of OMAFRA will assist in meeting these challenges. OMAFRA will establish 13 sites across Ontario, known as resource centres where specialists will be able to provide expert information to farmers and agri-business across the province. An enhanced number of pathways are being developed to deliver information, including the award winning Internet web site and contact through provincial events, such as the Horticultural Crops Conference and the media and farm press. In addition, specialist staff will provide new technology interpretation and training to agri-business staff and private consultants through workshops, seminars and conferences. Farm and rural organizations are maturing and well organized to be key points of delivery for OMAFRA programs. They are working closely with the Ontario Fruit and Vegetable Growers' Association and the Ontario Apple Commission to ensure the continuity of technology transfer to Ontario growers. . (Received for Information) 1- 16 M02.GE Helen Johns, Minister of Citizenship, Culture and Recreation, requesting nominations for the Ontario Medal for Good Citizenship. Established in 1973, the Ontario Medal for Good Citizenship recognizes and encourages the virtues of good citizenship by honouring Ontarians who have made outstanding public contributions through exceptional long-term efforts. The award reflects their acts of selflessness, generosity and kindness, and outstanding contributions to community life. Among the 336 past recipients of this award are the founders of Bereaved Families of Ontario, a self-help, mutual aid organization, who were honoured for their outstanding contributions to the province; a woman who co-founded the Kingston and District Association of Parents of Physically Handicapped Children to help parents of disabled children; and the co-ordinator of the Sault Search and Rescue Unit who was responsible for exceptional volunteer training and fund-raising events for the unit. . . . . Council Minutes COMMUNICA nONS 1- 17 M02.GE 1- 18 F21.DE 1- 19 C06.AN - 9- April 25, 2000 The deadline for receiving nomination forms is April 28, 2000. (Received for Information) LL. Goucher, Public Information Coordinator, VE55 Camp X on the Air Again, advising Council of a commemoration for the heroes of Camp X with the return of Camp X to the air. Camp X was where' secret agents' trained before being parachuted into Nazi occupied territory to not only lead the resistance movement, but to provide valuable information to invading Allied Armies. This event will commemorate the fifty-fifth anniversary ofVE Day, May 8, 2000. On May 6'\ 7th and 8'h, Amateur Radio operators will be setting up a Special Event Amateur Radio station on the grounds of Camp X Intrepid Park, Whitby. (Received for Information) Jim Murphy, Director of Government Relations, Greater Toronto Home Builders' Association, advising Council of a letter Mr. Murphy sent to the Mayor of the City of Brampton regarding alternative financing proposals for various projects within the City of Brampton. The City of Brampton suggested that a "voluntary" payment of approximately $1,000 be applied to every single family home in Brampton to finance a theatre and central square in downtown Brampton. At the meeting there were other ideas tabled for creative financing. They wish to inform the City of Brampton that the building and development industry cannot afford to pay "voluntary" charges for projects, no matter how important. The second reason for writing this letter is to suggest that municipalities across the GTA and indeed Ontario all face the same challenge - dealing with increased responsibilities from the province and federal governments while financing costs from a limited tax base - property taxes, development charges and building permit fees. The development and building industry pays the majority of these costs that are then passed along to purchasers. GTHBA would suggest that in Mayor Robertson's role as Chair of the GT A Mayors and Chairs, they strike a Municipal Finance Sub-Committee to examine other revenue sources to these traditional revenues. These could include many creative measures that several American municipalities have access to but are prohibited within Ontario. (Received for Information) Minutes of the Animal Advisory Committee Meeting dated March 15, 2000. (A copy of the correspondence is attached to the Summary of Correspondence. ) (Received for Information) . . . Council Minutes COMMUNICA nONS 1- 20 M02.GE 1-21 CIO.MO 1-22 C06.NE 1-23 -10 - April 25, 2000 Deb Street sending a post card to the Mayor and Members of Council thanking them for their generosity and support in the Tall Ship Millennium Challenge. She thanks Council for making her dreams come true. Ms. Street will update us on her amazing experience on the high seas when she returns. Because of our support she has reached her goals and she is ready to take her challenge aboard these tall ships to represent youth/Canada/Bowmanville. (Received for Information) Charlene Lavigne, Deputy City Clerk, the City of Guelph, advising that the Council of the City of Guelph on April 3, 2000, passed the following resolution: "THAT By-law (1995)-14892, known as the smoking by-law, be amended to designate bingo halls and bowling alleys to be smoke free by September 30, 2000; AND THAT this resolution be circulated to the Association of Municipalities of Ontario and municipalities with a population of 50,000 or greater." (Received for Information) Minutes of the Newcastle Community Hall Board dated March 20, 2000. (A copy of the correspondence is attached to the Summary of Correspondence.) (Received for Information) David Anderson, Minister of Environment, advising Council that he expects to table the Species at Risk Act (SARA) in the House of Commons next week. Following years of consultation and debate, the federal government has developed comprehensive legislation to protect species at risk on all lands throughout Canada. To provide effective species and habitat protection, they have chosen a balanced approach that works on the ground. SARA will ensure that science is the foundation for assessing which species are at risk. It creates mechanisms and powers to act upon scientific assessments by mandating plans to recover species. Furthermore, SARA will provide encouragement and incentives for Canadians, including landowners, land users and municipalities, to protect critical habitat through voluntary stewardship activities. Such cooperative activities are the best means to protect species, and are the preferred approach. However, where such measures are insufficient, SARA will provide the federal government with the authority to protect critical habitat anywhere in the country. . . . Council Minutes COMMUNICA nONS 1-24 M02.GE 1-25 1-26 C06.CL - 11 - April 25, 2000 SARA will also enable compensation to be paid to landowners and land users for losses suffered as a result of unexpected and unusual impacts from the user of prohibitions against alteration or destruction of identified critical habitat. Mr. Anderson is hoping that he can count on the Municipality of Clarington's support as a municipal representative to meet our responsibility to the world and to future generations to protect our wildlife and species at risk. (Received for Information) Helen Johns, Minister of Citizenship, Culture and Recreation, inviting the Municipality of Clarington to participate in the Community Action A wards. The Province of Ontario recognizes individuals who have endeavoured to improve the lives of persons with disabilities and make Ontario a better place. Each spring fifteen Ontarians are chosen to receive the Community Action Award. These individuals will have made a significant contribution to their communities by promoting integration and independence, or will have shown commitment and dedication to developing the integration and independence, or will have shown commitment and dedication to developing the potential of persons with disabilities and improving their quality of life. As in past years, recipients will be people who have shown leadership in preventing and removing barriers that impede the full participation of persons with disabilities in our society and economy. The deadline for returning nomination forms is Friday, May 5, 2000. (Received for Information) Tony Clement, Minister of Municipal Affairs and Housing, advising Council that he is introducing legislation that would establish rules relating to questions on municipal ballots and make the results of such questions binding on local councils if voter turnout was sufficient. This government feels that putting questions on municipal ballots is a means of improving accountability and public trust in government. This bill is therefore intended to strengthen the role of voters in the local democratic process. The Direct Democracy Through Municipal Referendums Act, 2000 also builds on the initiatives of the Fewer Municipal Politicians Act, 1999, so it addresses reform in other municipalities as well. (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting dated April 18, 2000. (A copy of the correspondence is attached to the Summary of Correspondence.) (Receive for Information) . . . Council Minutes COMMUNICA nONS 1-30 CI0.MO - 12- April 25, 2000 The Corporation of the Township ofUxbridge, advising Council that the Township ofUxbridge passed the following resolution: "THAT the recommendation passed by the Council of the Township ofUxbridge at its meeting held on March 27, 2000, Item 9(a) Other Business pertaining to the Provincial Offences Act, 1997 be rescinded: NOW THEREFORE IT BE RESOL VED THAT: 1. That the Township ofUxbridge enter into an intermunicipal service agreement with the Region of Durham and the area municipalities in the Region of Durham to provide for the administration of the Provincial Offences Act on the basis of: (a) the Regional Municipality of Durham being the sole service provider for the administration of the Provincial Offences Act in the Region of Durham; (b) The net revenue from the Provincial Offences Act service being split between the Region of Durham and the area municipalities, with distribution amongst the eight area municipalities being based on taxable assessment, as follows: Year Region % Area Municipalities % 1998 50 50 1999 50 50 2000 & on 40 60 2. That the Mayor and the Clerk be authorized to execute the intermunicipal agreement on behalf of the Township and any other documentation necessary to finalize the Provincial Offences Act transfer; 3. The Region of Durham and the area municipalities be advised accordingly; and 4. That the foregoing approval is conditional on the Region and all area municipalities agreeing to its terms and that no further discussions or negotiations will take place. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-31 M06.GE 1-32 -13 - April 25, 2000 Association of Municipalities of Ontario, introducing Direct Democracy through Municipal Referendums Act, 2000. Minister Clement has introduced new legislation, Bill 62, that deals with a number of issues, including: . Provisions for a binding municipal referendum (council initiated, not voter initiated) . The elimination of the provision that would allow 75 electors to petition the Minister to appoint a restructuring commission . Greater discretion to the Minister in defining the area subject of a restructuring commission, to make the area larger or smaller . The ability to maintain the different tax ratios between residential and other property tax classes when separated municipalities and countries amalgamate . The direct-election of council in the Region of Waterloo and reduction of the size of local councils . New Provisions and changes to the Fewer Municipal Politicians Act, 1999 as it relates to the recent restructuring in four regions, and includes the repeal ofthe power for Cabinet to amend any Act (generally referred to as the Henry VIII clauses) (Received for Information) Association of Municipalities of Ontario, clarifying what is "Within the Municipal Jurisdiction". In response to Minister Clement's introduction of municipal referendum legislation, AMO President Michael Power said, "Credibility, accountability and consistency and the wise use of taxpayer's dollars cannot be achieved by this legislation if we cannot clarify for the public and ourselves what is within the municipal jurisdiction. If this is to be done on a case-by-case basis as the Minister has stated, then there will be greater confusion and frustration for the public and the two orders of government." There is an overwhelming need to complete the job of setting out what is a provincial versus a municipal government responsibility. AMO has asked the province to not proceed with this legislation until the credibility and value of the province-wide referendum legislation is proven. Municipal government leads all orders of government in terms of direct access, openness and accountability. At the municipal level, public consultation is carried out as good practice. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-7 Fire/Emergency Training HI2.TR 1-27 FCM-CH2M Award AOl.FE - 14- April 25, 2000 Milt Wilson, Fire Chief, City of Os haw a, advising that the Council ofthe City of Oshawa passed the following recommendation regarding Fire and Emergency Services training: "THAT Council supports the concept of a jointly managed training facility and that this recommendation is forwarded to all Durham municipal councils seeking their participation in a feasibility study of the concept." Resolution #C-212-00 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I - 7 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-213-00 Moved by Councillor Novak, seconded by Councillor Schell THAT the foregoing Resolution #C-212-00 be amended by adding the following thereto: "and that the correspondence be referred to the Fire Chief for review and comment back to Milt Wilson, Fire Chief, City of Os haw a." "CARRIED" The foregoing Resolution #C-212-00 was then put to a vote and "CARRIED AS AMENDED." Sam Synard, President, Federation of Canadian Municipalities, encouraging the Municipality of Clarington to apply for the FCM-CH2M Sustainable Community A ward. The Federation of Canadian Municipalities (FCM) and CH2M Hill, one of North America's leading engineering and environmental services firms, are proud to recognize excellence in municipal service delivery that contributes to a sustainable future. Municipal governments can be key players in global efforts to protect out climate. Sharing municipal best practices makes good economic sense too. . . . Council Minutes COMMUNICATIONS 1-28 District Health Council M04.GE 1-29 Safe Streets Act, 1999 Lll.PR - 15 - April 25, 2000 Building retrofits, more effective water treatment and distribution, waste reduction, improved fleet management, innovative policies and by-laws, etc., can help reduce municipal operating costs, while having a positive impact on the environment. They encourage municipal governments of all population sizes to apply for the FCM-CH2M Sustainable Community A ward. Winners will receive prizes that help advance sustainable development in their communities. Application forms must be received by FCM no later than April 28, 2000. Resolution #C-214-00 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item 1- 27 be received for information. "CARRIED" Gary Lounsbury, Chair, District Health Council, sending Council a copy of their inaugural newsletter. The Council is committed to communicating with the many stakeholders within the District Health Council's geographic planning area and their newsletter is one venue that they hope will assist in disseminating information about Council and its activities. Resolution #C-215-00 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I - 28 be received for information. "CARRIED" James M. Flaherty, Attorney General, Minister Responsible for Native Affairs, regarding the Safe Streets Act, 1999, which he understands has given rise to certain concerns in some municipalities. This legislation forms part of the government's overall commitment to ensuring that the people of Ontario can feel safe in their communities, streets, cars and homes. It fulfills their Blueprint promise to stop aggressive solicitation and squeegee activity and to protect and maintain people's ability to use public places in a safe and secure manner. The Highway Traffic Act has always made it an offence for someone, while on a roadway, to stop or attempt to stop a vehicle to offer or provide any commodity or service to anyone in the vehicle. The Safe Streets Act simply adds that it is an offence to approach a vehicle to offer a commodity or service, or to solicit for money while on a roadway. . . . Council Minutes COMMUNICATIONS - 16 - April 25, 2000 It does not prevent someone from soliciting money in a non-aggressive manner from people in vehicles, if the person soliciting is positioned on a sidewalk, shoulder, boulevard, median or other place that is not a roadway. This government appreciates the valuable contributions voluntary organizations make to the quality of life in the province and recognizes how much these activities contribute to the well-being and strength of Ontario communities. He continues to encourage charities to work with local police services in advance of their activities so that charities' activities are in compliance with the Safe Streets Act and the Highway Traffic Act. Resolution #C-216-00 Moved by Councillor Rowe, seconded by Councillor Young THAT Correspondence Item I - 29 be received for information. "CARRIED AS AMENDED LATER IN THE MEETING" (SEE FOLLOWING AMENDING MOTION) Resolution #C-217-00 Moved by Councillor Schell, seconded by Councillor Novak THAT the foregoing Resolution #C-216-00 be amended by adding the following thereto: "and that a copy of the correspondence be forwarded to Community Care and to the Durham Regional Police Department." "CARRIED" The foregoing Resolution #C-216-00 was then put to a vote and "CARRIED AS AMENDED." Resolution #C-218-00 Moved by Councillor Schell, seconded by Councillor Novak THAT the Correspondence Items be approved as per the agenda with the exception ofItems D - 1 and D - 5 through D - 10, inclusive. "CARRIED" . . . Council Minutes COMMUNICATIONS D- 2 T02.GE D - 3 T02.GE - 17- April 25, 2000 Nancy Savoie, 3 Downham Drive, Bowmanville, Ll C 4G8, advising of concerns regarding residential parking in her own and several other neighbourhoods. Several neighours have recently received a ticket for being illegally parked on their street. They had not left a one meter requisite distance at either end of their vehicle and thus were too close to their own driveways. The span between driveways on their street is inadequate for anything bigger than a motorcycle or small vehicle to legally park. Ms. Savoie feels this by-law is unjust, unfair, and if one is a tourist this is not a very welcoming gesture. Having said all the above she must also stress that no signs are posted informing people ofthe by-law for this offence. She doubts most residents could recite or memorize all the by-laws that are on the books in our municipality. She urges the Mayor and Council to consider changing or ridding the books of this by- law. She suspects other neighbourhoods have the same problem with this particular by-law concerning parking. By-laws should serve a practical and/or safety oriented purpose and not be just a revenue generating opportunity or a perceived eyesore and nuisance to neighbours. (Correspondence referred to the Senior Municipal Law Enforcement Officer) Norman R. Johnston, 30 Farncomb Crescent, Bowmanville, LlC 4L5, regarding on-street parking between 3:00 a.m. - 5:00 a.m. Mr. Johnston has a few questions and concerns about street parking: 1. Where were our "ticket police" during the winter months when they have to worry about snow removal? 2. Why would the town allow for such a small amount of parking space near their parks? Elephant Park and Barley Mills are just two parks that come to mind. 3. Why do our town planners allow builders to construct "single car" garages which are only useful if you have the smallest car on the market, and then only if you are a contortionist. 4. He frequently stops at North End Market on Liberty Street. About two years ago the owners provided a safe, off street parking lot, for their customers. In front of the store on the light stand, there is a "No Parking" sign, yet he has never seen nor heard of anyone receiving a ticket for parking in front of the store! Why is this? . Council Minutes COMMUNICATIONS D-4 M06.GE . D -1 Fireworks Display M02.GE . - 18 - April 25, 2000 5. Which by-law is being broken by overnight parking on our streets? There is no sign on his street indicating that parking is prohibited. Without signage how is one to know if parking is prohibited? (Correspondence referred to the By-law Enforcement Division and the Public Works Department) Mark R. Joly, Vice Principal, St. Stephen's Secondary School, requesting permission to hold a walk-a-thon, Thursday, June 1,2000. This event would begin at approximately 9:00 a.m. with staff and students proceeding north on Middle Road in a staggered fashion. They would walk 5 km. North, just before Taunton Road, turn around, and retrace their path, heading south on Middle Road to St. Stephen's. They anticipate that everyone would be back to the school by 12:00 noon for a barbecue and spirit activities. Mr. Joly has been in touch with Mr. Baker, Traffic Co- ordinator. They have discussed the route and Mr. Baker has advised him that they must acquire approval from both the fire and police departments. A proposal to the Clarington Fire Department and the Durham Regional Police has been made. (Request approved provided the organizers apply for and obtain a road occupancy permit for the Public Works Department) Sherry Bonazza, President, Darlington Soccer Club, requesting that an alternative location be found to hold a fireworks display. It has been brought to their attention that the Municipality of Clarington will be holding a fireworks display at the Darlington Soccer fields on May 22, 2000. They feel that a community fireworks display is a terrific idea, however they do have a few reservations regarding the venue. For the past 4 years their club has been paying for a regular field maintenance at the Darlington fields. This past year, for example, they paid close to $12,000 to aerate, fertilize, seed, sod, roll, sand and for extra cuts, so the fields will be in tip top shape. They did some extra maintenance this past fall, in the hopes that the fields will be in extremely good shape for the Ontario 2000 Games. They are proud of the fields, and of their municipality and are trying to assist in any way they can. All money put into these fields have been raised by their club's fundraising, and the sheer hours of volunteer work to raise the funds shouldn't be ignored. Their concerns are that all the work put into these fields over the past few years could be negated by the number of people attending the fireworks display, especially if there is rain beforehand and the fields are soggy. They do not have a watering system for the fields, so they have been trying to lighten the soil through aeration and sanding, which will enable a deeper root growth. . . . Council Minutes COMMUNICATIONS D - 5 Development Charges Act Complaint F21.DE - 19- April 25, 2000 If the conditions are right, lawn chairs, blankets and thousands offeet could set them back immeasurably. Resolution #C-219-00 Moved by Councillor Schell, seconded by Councillor Novak THAT Correspondence Item D - 1 be referred to the Director of Public Works and the Marketing and Tourism Officer. "CARRIED" Robert G. Doumani, Aird & Berlis, Barristers and Solicitors, filing a complaint in accordance with Section 20 of the Development Charges Act. Aird & Berlis are counsel to Ridge Pine Park Inc. which owns and operates Wilmot Creek, a retirement lifestyle community in the Municipality ofClarington. On February 28, 2000, his client submitted applications for building permits to allow five units at Wilmot Creek. Subsequently, his client received a letter from David Crome dated February 25, 2000, stating that units at Wilmot Creek are now going to be treated by Clarington as "single detached dwellings" for the purposes of Development Charge By-law 99-125 and charged a development charge of $5,458.00 per unit, as opposed to the $615.00 rate applied by the Municipality to every other unit at Wilmot Creek to date, in accordance with the terms of an Agreement entered into between RP.P.r. and the Town of Newcastle in 1981. The position taken by the Municipality not only contravenes the specific terms of the 1981 Agreement and the provisions of the 1989 Act and O. Reg 82/98, but, in addition, contravenes the well established and consistent practice of the municipality over the past several years in dealing with numerous similar or virtually identical building permit applications at Wilmot Creek. His client has relied on this consistent (and correct) practice on the Town's part and has entered into agreements to sell these latest five units, and six others for which permit applications have yet to be submitted are pending, on the understanding that a development charge of$615.00 would be required in accordance with the terms of the 1981 Agreement. The municipality is estopped by its past conduct in this matter from taking the position it now takes and purporting to charge the higher rate, which rate, they note, they have appealed to the Ontario Municipal Board and which will be the subject of a hearing before the Board in the fall. . . . Council Minutes COMMUNICATIONS D- 6 Canada Day 2000 M02.GE D -7 Adult Entertainment Parlours CIO.MO - 20- April 25, 2000 Resolution #C-220-00 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 5 be referred to the end of the agenda to be considered during a "closed" session in order to receive legal advice from the Solicitor. "CARRIED" John Fletcher, Committee Member, Canada Day 2000, Orono, requesting permission to rent the Orono Park Swimming Pool for the afternoon of Saturday, July 1,2000, to provide free swimming to the many visitors who they expect to attend their parade through the Village to the Orono Park. They are also requesting that the municipality waive any parking fees that might be imposed during the event. Resolution #C-221-00 Moved by Councillor Trim, seconded by Councillor Mutton THAT Correspondence Item D - 6 be referred to the Director of Community Services for review and preparation of a report back to the General Purpose and Administration Committee. "CARRIED" RJ. Douglas, Town Clerk, Town of Richmond Hill, advising that the Council of the Town of Richmond Hill on April 3, 2000, passed the following resolution: "WHEREAS, the Council of the Town of Richmond Hill has considered the views of the ratepayers and electors of the Town on the subject of businesses which offer adult entertainment services within the Town; and WHEREAS, the Council of the Town of Richmond Hill has determined that it is contrary to the public interest to allow the operation of businesses which offer adult entertainment services anywhere within the Town of Richmond Hill; and . . . Council Minutes COMMUNICATIONS - 21 - April 25, 2000 WHEREAS, the Supreme Court of Canada has confirmed that, as a matter of common law, it is not open to a municipality to prohibit absolutely a class of lawful business from operating anywhere within the municipality, and has further confirmed that adult entertainment services can constitute lawful business activities; and WHEREAS, by virtue of the common law as aforesaid, the Council of the Town of Richmond Hill is unable to give effect to the clear public interest in prohibiting businesses which offer adult entertainment services from operating within the Town of Richmond Hill; NOW THEREFORE the Council of the Town of Richmond Hill does hereby resolve that: 1. The Legislature of the Province of Ontario is hereby requested to consider the enactment of an amendment to Section 225 of the Municipal Act, RS.O. 1990, c.MA5, as amended, so as to authorize the council of a local municipality, at its option, to prohibit the establishment of businesses which offer adult entertainment services at any location within the municipality if such a prohibition is deemed to be within the public interest, by by-law duly enacted for that purpose. 2. This Resolution shall be forwarded to the councils of all municipalities in the Province of Ontario which have a current population of 30,000 or more, together with a request that those municipalities consider the enactment of a similar resolution requesting the Provincial Legislature to enact the statutory amendment described above." Resolution #C-222-00 Moved by Councillor Mutton, seconded by Councillor Schell THAT the foregoing resolution of the Town of Richmond Hill regarding adult entertainment services be endorsed by the Council of the Municipality of Clarington. "CARRIED" . . . Council Minutes COMMUNICATIONS D- 8 Cultural Clubs CIO.MO - 22- April 25, 2000 Association of Municipalities of Ontario, advising Council of the resolution passed by the City of Weiland as follows: "WHEREAS cultural clubs and non profit halls were previously assessed for property tax purposes under residential rates; and WHEREAS present legislation has changed the assessment class applied to culture clubs and non profit halls from residential to commercial; and WHEREAS this change has resulted in property tax increases to cultural clubs and non profit halls in the order of 2 to 2.5 times more than previous; and WHEREAS this additional cost results in significant losses in funding available for local worthy causes; THEREFORE BE IT RESOLVED that Weiland City Council petition the Province of Ontario to amend assessment legislation to include cultural clubs and non profit halls in the assessment classification for non profit serve organizations and non profit private clubs for the purposes of exempting cultural clubs and non profit halls from paying commercial tax rates; and THAT this resolution be circulated to AMO and all municipalities in the Province of Ontario for their endorsement." Resolution #C-223-00 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 8 be referred to the Treasurer for review and preparation for a report to be submitted to the General Purpose and Administration Committee. "CARRIED" . . . Council Minutes COMMUNICATIONS D -9 Review of Drainage Act CIO.MO - 23- April 25, 2000 Brian Knott, Director of Legal Services/Clerk, Municipality of Chatham- Kent, advising that the Council of the Municipality of Chatham-Kent on April 3, 2000, passed the following resolution: "THAT the Provincial Government has initiated a review of Sections 85 to 90 of the Drainage Act dealing with grants. This review could result in grants being eliminated totally, partially, or not at all. AND WHEREAS the Drainage Act has remained in its present state since approximately 1982. Grants paid by the Ministry of Agriculture, Food and Rural Affairs are applied to properties that are deemed to be agricultural. These grants have been essential in helping farmers to maintain and or improve their crops production. AND WHEREAS there are areas in Ontario, particularly in southwestern Ontario, that are at lake level or below. An extensive system of pumped drainage schemes and dykes has created an infrastructure to which on-going maintenance is critical. The protection provided by these schemes transforms otherwise marginal farmland into some of the most productive land in Ontario. AND WHEREAS fuel prices are now at all time highs and commodity prices are unacceptably low, Ontario farmers face a difficult economic situation. Fertilizer, machinery, chemical and seed prices continue to drive up the price of production. Grants have been a dependable constant for many years. In these difficult and challenging times for the agricultural community, it is imperative that these grants be continued. AND WHEREAS the potential reduction or elimination of the grant program will have lasting negative effects on the infrastructure necessary to the agricultural community. THEREFORE BE IT RESOLVED THAT the Corporation of the Municipality of Chatham-Kent petition the Government of the Province of Ontario to retain the present Municipal Outlet Drainage grant program as well as the Tile Loan program without any reductions. . . . Council Minutes COMMUNICATIONS D-IO Message-of- Support C07.AD - 24- April 25, 2000 AND FURTHER THAT the Corporation of the Municipality of Chatham-Kent circulate this resolution to all Members of Provincial Parliament in Ontario, all Municipalities in Ontario, the Association of Municipalities of Ontario, and the Rural Ontario Municipal Association, the Canadian Federation of Agriculture and the Ontario Federation of Agriculture stressing the importance of and the need for the continuation of the grant programs under the Drainage Act." Resolution #C-224-00 Moved by Councillor Novak, seconded by Councillor Young THAT the foregoing resolution ofthe Municipality of Chatham-Kent with respect to Section 85 to 90 of the Drainage Act be endorsed by the Council of the Municipality of Clarington. "CARRIED" Carol Bowie and Steve Best, 1999-2000 National Presidents, Kinsmen Kinette, requesting that the Municipality of Clarington place a "Message- of-Support" in Kin's national magazine. Service clubs are the heart and soul of many communities. They raise funds that government dollars cannot provide; they undertake service projects to meet local community needs; and they train members and help them learn skills that are transferable to home, work and other volunteer situations. Our community is no different. They need our community's support for their annual "Message-of-Support" campaign so Kinsmen and Kinettes can continue to provide assistance to the many groups, individuals and organizations that rely on them. They invest the revenue in their members by providing leadership training, personal development activities and team-building opportunities. Strengthening and encouraging members is an excellent investment because it pays off year after year in increased community service work. It is our community that will benefit from this investment. Resolution #C-225-00 Moved by Councillor Schell, seconded by Councillor Novak THAT the Municipality of Clarington purchase a 1/12 page message of support in Kin's National magazine, as has been done in previous years. "CARRIED" . . . Council Minutes NOTICE OF MOTION - 25- April 25, 2000 Resolution #C-226-00 Moved by Councillor Trim, seconded by Councillor Mutton WHEREAS youth and children sometimes find themselves in places and situations that may create fear and difficult times for them; WHEREAS youth and children in the downtown areas don't have any place to seek assistance or protection; WHEREAS youth, and especially children, have been taught not to speak or go anywhere with strangers; THEREFORE BE IT RESOLVED the Council of the Municipality of Clarington invite merchants and businesses throughout the Municipality to volunteer to provide assistance and a safe temporary site for our children and youth during business hours; THAT the Municipality provide funds up to $5,000 to be drawn from Account #7007-X-298 for indoor displays and material required for this project and the project be called: "We Care About Our Young People" "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Council Member Yea Nay Pecuniary Interest Absent Councillor Mutton X Councillor Novak X Councillor Rowe X Councillor Schell X Councillor Trim X Councillor Young X Mayor Hamre X . . . Council Minutes NOTICE OF MOTION REPORTS Report # 1 G.P.A. Report April 17, 2000 Report #2 Special G.P.A. Report April 17, 2000 - 26- April 25, 2000 Resolution #C-227-00 Moved by Councillor Trim, seconded by Councillor Mutton WHEREAS the world is celebrating the millennium year 2000; WHEREAS there are many special organized events to mark this time in our history; WHEREAS Clarington is holding the "Back Yard Festival" which commences on April 29th with the Clarke Museum's 30th Anniversary and ending with a huge fireworks display on May 22, 2000; THEREFORE BE IT RESOLVED that Clarington's Council encourage all property owners within Clarington to plant a tree of their choice to mark this milestone and if possible make it a family event. "CARRIED" Resolution #C-228-00 Moved by Councillor Novak, seconded by Councillor Schell THAT the actions taken by the General Purpose and Administration Committee on April 17, 2000, be approved. "CARRIED" Resolution #C-229-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT Report TR-14-00 be received for information; THAT the 2000 Current Budget which includes the Executive Summary and external budgets, be approved, with the non-controllable and Priority #1 items identified on Attachment #1 to Report TR-14-00, with an overall impact of 0%; THAT Council give consideration to those items identified as Priority #2 (Library), on Attachment #1 to Report TR-14-00; . . . Council Minutes REPORTS - 27- April 25, 2000 THAT the appropriate By-laws to levy the 2000 tax rates for Municipal, Region and Education purposes be recommended to Council for approval; THAT Council authorize the following recommendations for the Clarington Older Adults Association and the Beech Centre; a) The funding for the approved Capital Project - Elevator at the Beech Centre from the principal portion of the Older Adults Capital Reserve Fund; b) The $40,000 for Clarington Beech Centre included prior to finalization of the Capital Budget requests, on page 28 of the Capital Budget, be redirected to the Municipal operating budget, to assist in the zero percent impact; c) The Older Adults additional capital and operating requests per Attachment #2 to Report TR-14-00 in the amount of $47,000 be approved (reduced by any Trillium Funding or other Provincial grants received applicable to these requests) from the interest portion of the Older Adults Capital Reserve Fund; THAT any funds remaining in the Ontario Senior Games Reserve be available for use on promotional banners, etc. for the upcoming games; THAT Clarington Library Board, Clarington Older Adults - Beech Centre, Visual Arts Centre and Museums be advised of Council's actions; and THAT the Garbage Reserve be consolidated with the Rate StabilizationIWorking Funds Reserve. THAT the 2000 Current Budget submitted for the Mayor and Members of Council and the Chief Administrative Officer's Department be approved. THAT the 2000 Current Budget submitted for the Clerk's Department be approved. THAT the 2000 Current Budget submitted for the Finance Department and Unclassified Administration be approved. THAT the 2000 Current Budget submitted for the Fire Department be approved. . . . Council Minutes REPORTS - 28- April 25, 2000 THAT the 2000 Current Budget submitted for the Public Works Department be approved. THAT the 2000 Current Budget submitted for the Community Services Department be approved. THAT the 2000 Current Budget submitted for the Planning and Development Department be approved. THAT the requests received from the Bowmanville and Clarke Museums be combined and divided between the two museums equally. THAT the 2000 Current Budget for the Visual Arts Centre be approved. THAT the 2000 Current Budget for the Clarington Public Library be approved. "SEE FOLLOWING MOTION" Resolution #C-230-00 Moved by Councillor Young, seconded by Councillor Rowe THAT the foregoing Resolution #C-229-00 be divided to allow for consideration of the budget requests of the Bowmanville and Clarke Museums separately from the remainder of the budget. "CARRIED" The foregoing Resolution #C-229-00 was then put to a vote and "CARRIED ON THE FOLLOWING RECORDED VOTE:" . . . Council Minutes - 29- April 25, 2000 REPORTS Recorded Vote Declaration of Council Member Yea Nay Pecuniary Interest Absent Councillor Mutton X Councillor Novak X Councillor Rowe X Councillor Schell X Councillor Trim X Councillor Young X Mayor Hamre X The foregoing Resolution #C-229-00 pertaining to the budget submissions of the Bowmanville and Clarke Museums was then put to a vote and "CARRIED ON THE FOLLOWING RECORDED VOTE:" Recorded Vote Declaration of Council Member Yea Nay Pecuniary Interest Absent Councillor Mutton X Councillor Novak X Councillor Rowe X Councillor Schell X Councillor Trim X Councillor Young X Mayor Hamre X Report #3 Resolution #C-231-00 Future Prospects Moved by Councillor Young, seconded by Councillor Trim of the Municipality Clarington THAT Report ADMIN-12-00 be received; THAT the contents of Report ADMIN-12-00 be approved as the basis of completion of a Comprehensive Study that would provide Council with all the necessary information in order to determine the future prospects of Clarington for the benefit of all its residents; . . . Council Minutes REPORTS - 30- April 25, 2000 THAT the Regional Municipality of Durham be advised that Report ADMIN-l2-00 as approved by Council of the Municipality ofClarington, represents our response to the Region of Durham pertaining to our local initiated process dealing with the issue of potential amalgamation or governance reform; and THAT a copy of Report ADMIN-12-00 be forwarded to all local municipalities within Durham Region, the Township of Hope, the Town of Port Hope, the County of Northumberland, the GT.S.B., Mr. John O'Toole, M.P.P. and the Honourable Mr. Tony Clement, Minister of Municipal Affairs and Housing. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Council Member Yea Nay Pecuniary Interest Absent Councillor Mutton X Councillor Novak X Councillor Rowe X Councillor Schell X Councillor Trim X Councillor Young X Mayor Hamre X Councillor Schell stated a pecuniary interest with respect to Report #SOLIC-2-00 and refrained from discussion and voting on the subject matter. Councillor Schell indicated that the report deals with Blue Circle Canada Inc. who is his employer. Resolution #C-232-00 Moved by Councillor Rowe, seconded by Councillor Young THAT Report SOLIC-2-00 be received; and . . . Council Minutes REPORTS - 31 - April 25, 2000 THAT Council pass a by-law to authorize the Mayor and Clerk on behalf of the Municipality to execute an agreement to amend the Principles of Understanding between Blue Circle Canada Inc. and the Municipality of Clarington dated November 3,1997 to extend the "Unwinding Date" from April 30, 2000 to May 31, 2000, and on the exchange of written notices by the Solicitors for the Parties to a date which is not later than June 30, 2000, with all other terms and conditions to remain the same and time to remain of the essence. "CARRIED" Resolution #C-233-00 Moved by Councillor Mutton, seconded by Councillor Young THAT the confidential verbal report of the Solicitor regarding a legal matter be referred to the end of the agenda to be considered during a "closed" session of Council. "CARRIED" UNFINISHED BUSINESS Resolution #C-234-00 Moved by Councillor Rowe, seconded by Councillor Young THAT the delegation of Scott Creed be received; THAT Mr. Creed be granted an exemption from By-law 93-l6l, a by-law to prohibit and regulate the keeping of a certain animals within the municipality, in order to allow for the keeping of exotic animals at his property located at l50 Tamblyn Road, Orono, Ontario, conditional upon final approval of the rezoning application for the property; and THAT Mr. Creed be advised of Council's decision. "CARRIED" . . . Council Minutes - 32- April 25, 2000 UNFINISHED BUSINESS BY-LAWS Resolution #C-235-00 Moved by Councillor Schell, seconded by Councillor Young THAT the delegation of Otto Provenzano be received for information; and THAT Mr. Provenzano be advised of Council's decision. "CARRIED" Resolution #C-236-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT leave be granted to introduce the following by-laws and that the said by-laws be now read a first and second time: 2000-52 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the former Town of Newcastle (l138337 Ontario Inc.) 2000-53 being a by-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2000-54 being a by-law to establish, layout and dedicate certain lands as public highways and to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2000-55 being a by-law to authorize the execution of an Agreement to amend the Principles of Understanding between Blue Circle Canada Inc., and the Municipality of Clarington dated November 3, 1997 2000-56 being a by-law to authorize entering into an Agreement with 1378115 Ontario Limited of Plan of Subdivision 18T- 89092 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of l8T -89092 . . . Council Minutes BY-LAWS - 33 - April 25, 2000 2000-57 being a by-law to appointment members to the Clarke Museum Board "SEE FOLLOWING MOTION" Resolution #C-237-00 Moved by Councillor Schell, seconded by Councillor Young THAT the foregoing Resolution #C-236-00 be divided to allow for consideration of By-law 2000-55 separately. "CARRIED" The foregoing Resolution #C-236-00, with the exception of By-law 2000-55, was then put to a vote and "CARRIED." Resolution #C-238-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT the third and final reading of By-laws 2000-52 to 2000-54, and By-laws 2000-56 and 2000-57 inclusive be approved. "CARRIED" Councillor Schell stated a pecuniary interest with respect to By-law 2000-55; vacated his chair and refrained from discussion and voting on the subject matter. Councillor Schell indicated that the by-law deals with Blue Circle Canada Inc. who is his employer. Resolution #C-239-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT leave be granted to introduce By-law 2000-55 and that the said by-law be now read a first and second time: 2000-55 being a by-law to authorize the execution of an Agreement to amend the Principles of Understanding between Blue Circle Canada Inc., and the Municipality of Clarington dated November 3, 1997 "CARRIED" . . . Council Minutes BY-LAWS OTHER BUSINESS Regional Update Committee Boards Update - 34- April 25, 2000 Resolution #C-240-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT the third and final reading of By-law 2000-55 be approved. "CARRIED" Councillor Mutton advised that the Finance Administration Committee is just coming out from under the pressures of the budget process which he felt was one of the most open processes since he has sat on Regional Council. Councillor Novak advised that the Health and Social Services Committee is trying to provide temporary relief for Bethesda House. Also at the District Health Council members were advised that the Provincial Government provides funding to the jumbo jails in excess of that provided for senior citizens. Councillor Mutton indicated that at the latest Best Practises meeting of the GTSB a presentation was received on e-commerce and big box development which outlines growth trends within the Greater Toronto Area. He also advised that the Clarke Museum is holding its 30th anniversary celebrations this weekend. Councillor Novak indicated that the Bowmanville Museum is undertaking a project on the history of Courtice and requested anyone with historical information on the area to please contact the museum. Councillor Rowe distributed to the Members of Council a newly published visitor's guide which the Friends of Second Marsh have published. On Saturday, May 6, 2000, in recognition of Pet Awareness Week an open house is being held at the Animal Shelter and a booth is being set up at Pet Smart where staff and volunteers will be available for adopting out of animals. Also on May 6, 2000, the Visual Arts Centre is holding an open house and Councillor Rowe pointed out an article in the Durham College Chronicle which indicates that Durham College Art is being displayed in the Municipal Administrative Centre. Councillor Schell recently attended a citizenship ceremony which the Pathfmders held. During this ceremony the participants stated an oath which they had written themselves on being good and proper citizens. . . . Council Minutes OTHER BUSINESS - 35 - April 25, 2000 Councillor Trim advised ofthe following activities: . The Durham Central Agricultural Fair Board and Kendal Athletic Association hosted a dance wherein they raised $4100 to be used by the groups . April 5, 2000, a general meeting was held to discuss the Orono Sewer Project . April 6, 2000, a general meeting was held in Orono to discuss the Forestry Lands and Mill Pond Project and to select a committee to work on those projects . April 8, 2000, Councillor Trim attended the Newcastle Village Gift Shop open house and tea followed by a skating competition in Orono and that evening the II th Annual Dinner and Auction of the Ganaraska Region Conservation Authority . April 13, 2000, Wilmot Creek Watershed Meeting was held at which the general public was invited to attend . The Ganaraska Forest is working on an update of a mutual fire plan and the municipality's Fire Chief hosted a meeting to get things underway. The area has been toured in order to familiarise all parties and work is coming along very nicely in this area Councillor Young advised that the Tyrone Community Centre has received a donation from a developer in the area which will be put towards repairing counter tops in the hall. The Clarke Museum hosted a painting party in order to prepare for its anniversary party this Saturday from 1 :00 p.m. to 3:00 p.m. Councillor Young extended congratulations to the businesses who took part in the business exhibition held at the Rickard Complex last week. He indicated that the response was overwhelming and next year the group is probably going to be looking for more space. Resolution #C-241-00 Moved by Councillor Novak, seconded by Councillor Rowe THAT the meeting be "closed" in order to receive a legal report from the Solicitor. "CARRIED" . . . Council Minutes OTHER BUSINESS - 36- April 25, 2000 Resolution #C-242-00 Moved by Councillor Novak, seconded by Councillor Schell THAT the actions taken during the "closed" session of Council be confirmed. "CARRIED" Moved by Councillor Trim, seconded by Councillor Mutton THAT the confidential verbal report of the Solicitor pertaining to the public hearing held in accordance with Section 20 ofthe Development Charges Act 1997 be received for information; and THAT Correspondence Item D - 5 from Robert Doumani submitting a complaint pursuant to Section 20 of the Development Charges Act on behalf of Wilmot Creek be received for information; and THAT David Rice, Kim Kovar and Robert Doumani be advised of Council's decision. "CARRIED" CONFIRMING BY-LAW Councillor Schell stated pecuniary interests earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-243-00 Moved by Councillor Mutton, seconded by Councillor Trim THAT leave be granted to introduce By-law 2000-58 being a by-law to confirm the proceedings of the Council of the Municipality ofClarington at this meeting held on the 25th day of April 2000, and that the said by-law be now read a first and second time. "CARRIED" -,- . --- . Council Minutes CONFIRMING BY-LAW ADJOURNMENT Resolution #C-244-00 - 37- April 25, 2000 Moved by Councillor Mutton, seconded by Councillor Trim THAT the third and final reading of By-law 2000-58 be approved. Resolution #C-245-00 "CARRIED" Moved by Councillor Young, seconded by Councillor Schell THAT the meeting adjourn at 10: l5 p.m. "CARRIED" .tl/~4L~6/ MAYOR / I