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HomeMy WebLinkAbout09/15/2003 . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON September 15, 2003 Minutes of a regular meeting of Council held on September 15, 2003, at 7:00 p.m., in the Council Chambers Councillor Schell led the meeting in prayer. Mayor J. Mutton Councillor D. MacArthur Councillor P. Pingle Councillor G. Robinson Councillor J. Rowe Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Planning Services, D. Crome Divisional Fire Chief, Bill Hesson Director of Operations, F. Horvath Director of Corporate Services, M. Marano Director of Finance/Treasurer, N. Taylor Confidential Secretary to the Municipal Clerk, H. Keyzers Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST MINUTES Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to Correspondence Items I - 2 and I - 15. Resolution #C-430-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on June 23, 2003, be approved. "CARRIED" . . . Council Minutes MINUTES PRESENTATION PUBLIC MEETING DELEGATIONS - 2- September 15, 2003 Resolution #C-431-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a special meeting of Council held on September 8, 2003, be approved. "CARRIED" The Mayor, on behalf of the Ministry of Citizenship, the Lieutenant Governor of Ontario and the Municipality of Clarington presented Mavis Carlton with the Senior of the Year Award in recognition of her outstanding contributions to our community after the age of 65. In accordance with Section 150 (4) of the Municipal Act 2001, a public meeting is being held for the purpose of hearing representations with respect to the passage of a by-law regulating Body Rub Parlours. Paster Vincent, Courtice Baptist Church, 1660 Highway 2, Courtice, L 1 E 2R9, appeared before Council representing himself and the members of his congregation. He has several members in his congregation originally from the Mississauga area that are familiar with Body Rub Parlours and how obstructive they are to the community. They are against having Body Rub Parlours within the Municipality of Clarington and should Council not be able to ban these establishments they should be restricted to industrial areas only. These establishments exploit women, destruct young men's lives and ruin marriages. No one spoke in support of passing the by-law. Resolution #C-432-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Wayne Murray be added to the list of delegations. "CARRIED" . . . Council Minutes DELEGATIONS - 3 - September 15, 2003 Ron Hoogeboom, 63 King Street West, Apt. 2, Bowmanville, L 1 C 1 R2, was called put was not present. Rosemarie Ratchford, 14 Chance Court, Bowmanville, L 1 C 4F4, appeared before Council regarding the rezoning for the Max Milk plaza and garbage storage issues. Ms. Ratchford is in dismay that Council would consider moving a disposal building close to residential property. She noted that the Murrays will be exposed daily to this concrete building which will be located near their front door. Homeowners spend hours in a day outdoors and will have to contend with the smells, litter and the noise. Ms. Ratchford noted the same issues found at the Waverley Plaza and the Bowmanville Mall. Simcoe Engineering reviewed the proposed plan and they noted that the proposed site is unacceptable. She also noted that Max Milk is a convenience store that is open 24-hours a day and that she is concerned with the proposed 1.8 metre acoustic wall. A 2.4 metre wall should be placed around the entire site, which should reduce some of the noise. Deliveries are done during the early hours between 2:00 a.m. and 5:00 a.m. creating noise from the trucks. Teenagers amalgamate to these types of plazas creating noise, garbage and violence. Ms. Ratchford is requesting Council to be more realistic and sensitive to the residents in the area. Andrew Ward, 60 Fenwick Avenue, Bowmanville, L 1C 4S1, appeared before Council with concerns pertaining to the Clarington Transit Buses using Fenwich Avenue as a turn around. The bus travels up Liberty Street and turns onto Freeland Avenue and turns around on Fenwick Avenue. There are cars on both sides of the road and he is concerned that children are going to get hurt. Mr. Ward suggested that the bus travel down Freeland Avenue, to Mearns Avenue, north on Mearns to the 3rd Concession and then back down Liberty Street. This suggestion would also create another stop on Freeland Avenue. Jennifer McNutt, 64 Fenwick Avenue, Bowmanville, L 1 C 4S1, appeared before Council concurring with the comments of Mr. Ward. Fenwick Avenue is being used as a temporary solution and she believes that the temporary solution should be fixed now before a child gets hurt. Ms. McNutt also states that the bus travels at unreasonable speeds and a bus cannot slow down like a car. They should not have to wait a year for Scottsdale Drive to be open for a solution to be found. . . . Council Minutes DELEGATIONS COMMUNICATIONS 1-3 C10.MO 1-4 C10.MO -4- September 15, 2003 Wayne Murray, 22 Chance Court, Bowmanville, L 1 C 4S4, appeared before Council concerned with the proposed separate building to store the refuse of the new plaza on Concession and Mearns. He noted that his front door is at the side of his house and, according to the plans, the building would be located directly across from his front door. Mr. Murray stated that he would not be able to open his front door or windows due to the odour, flies and animals around the garbage. He is also concerned with the garbage truck that will be arriving early in the morning and reversing out of the plaza creating noises that will be disturbing. The safety of the employees will be in jeopardy due to the teenagers hanging out at the plaza at nighttime. Mr. Murray stated that Simcoe Engineering reviewed the proposed plan and has four other options for the location of the garbage building. Resolution #C-433-03 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information, be approved with the exception of Items 1- 1, I - 2, I - 5, I - 6, 1- 12, I - 15, I - 24, I - 32, I - 44, I - 64, I - 98, I - 114. "CARRIED" P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on June 18, 2003, passed the following recommendation regarding January - March, 2003 Building Permit Activity Review: "a) THAT Commissioner's Report No. 2003-P-64 be received for information; and b) THAT a copy of Commissioner's Report No. 2003-P- 64 be forwarded to the local municipalities." (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable Frank Klees, Minister of Transportation, advising that the Region of Durham on June 18, 2003, passed the following resolution: . Council Minutes - 5 - September 15, 2003 COMMUNICATIONS "a) THAT the Ministry of Transport be advised that the Region of Durham supports the proposed Airport Zoning Regulations for a possible future airport in the City of Pickering; b) THAT the Ministry of Transport be requested to continue working with the affected municipalities to confirm the measures required to mitigate bird hazards; and c) THAT the area municipalities in Durham Region, the Region of York, the Town of Markham, and the Township of Whitchurch-Stouffville be so advised." (Received for Information) 1- 7 C10.MO P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable Ernie Eves, Premier and President of the Executive Council, advising that the Region of Durham on June 18, 2003, passed the following resolution: . "a) THAT the Council of the Regional Municipality of Durham hereby requests the Premier of Ontario to hold a public inquiry into the circumstances leading to the second SARS outbreak in Ontario, how both outbreaks were managed by the Ontario Government and why Ontario was declared SARS-free after the initial SARS outbreak; and b) THAT the Premier of Ontario, Ontario's Ministers of Health and Long-Term Care & Public Safety and Security, the Leaders of the Opposition & NDP Party, Durham Region's M.P.P.s, Ontario's Commissioners of Public Safety and Public Health, Durham Region's municipalities and alPHa are so advised." (Received for Information) 1- 8 C10.MO P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable A. Anne McLellan, Minister of Health Canada, advising that the Region of Durham on June 18, 2003, passed the following resolution: . "a) THAT the Governments of Canada and Ontario be urged to ensure optimal quality assurance at methadone clinics: . . . Council Minutes COMMUNICATIONS ~6- September 15, 2003 i) by developing and promoting mandatory operational guidelines that are based on current best practices; ii) by studying the differences in clinical and other outcomes between clinics and other medical settings; and iii) by correcting any deficiencies in clinics that are determined including limiting their size, if necessary; b) THAT the final recommendations of the discussion paper Countering the Crisis: Ontario's Prescription for Opioid Dependence are endorsed; c) THAT notwithstanding the previous recommendation, the Government of Ontario is urged to promote multi- service medical methadone clinics, which provide counselling and other complementary addiction care and treatment services; d) THAT the College of Physicians and Surgeons of Ontario (CPSO) is urged to include in its Methadone Program, the assessment of the administration, operations and quality of clinical care of medical methadone clinics including complementary services having due regard to the relevant preceding recommendations once they are implemented; e) THAT the Governments of Canada and Ontario are urged to provide sufficient funding to ensure that the preceding recommendations can be effectively implemented; f) THAT representatives of alPHa, AMO and OPHA are invited to assist with the 'Methadone Strategy Working Group' with and otherwise participate in the finalization of the recommendations of Countering the Crisis; and . . . Council Minutes COMMUNICATIONS 1-9 C06.CL 1- 10 A19.GE I - 11 D06.GE 1- 13 E06.GE 1-14 C06.NE 1-16 C06.CL 1- 17 C10.MO -7- September 15, 2003 g) THAT the Minister of Health Canada, Ontario's Minister of Health and Long-Term Care, Durham Region's MPs, MPPs and municipal Councils, alPHa, AMO and OPHA, be so advised." (Received for Information) Minutes of the Clarington Public Library meeting dated May 28, 2003. (Received for Information) Larry Godfrey, Regional Sales Manager, Society of Composers, Authors and Music Publishers of Canada (SOCAN), advising Council that under Canadian copyright law, all types of businesses that use "music on hold" including government offices, need to obtain permission from the copyright owners. Music plays an important role in creating a positive ambience when it is necessary for you to place people who are calling the office "on hold". In order to enjoy the benefits of playing "music on hold" a SO CAN Music Licence is needed. (Received for Information) Allan Rock, Minister of Industry, providing Council with information on the safety of traveling to Canada. The Canadian Tourism Commission will be pleased to offer additional updated information, and can be contacted at (613) 946-1000. (Received for Information) John Wiersma, President and CEO, Veridian Corporation, providing Council with a copy of Veridian's 2002 Annual Report. (Received for Information) Minutes of the Newcastle Village Business Improvement Association meeting dated June 10, 2003. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee meeting dated April 17, 2003. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, writing to Sandra Kranc, Clerk, City of Oshawa, advising that the Region of Durham on June 18, 2003, passed the following resolution regarding the extension of Townline Road across Farewell Creek, City of Oshawa and Municipality of Clarington: . . . Council Minutes COMMUNICATIONS 1-18 C06.GA 1-19 C10.MO 1- 20 D21.GE 1-21 C06.NE C07.GE - 8 - September 15, 2003 "a) THAT Report #2003-W-82 of the Commissioner of Works be received for information; and b) THAT a copy of Report #2003-W-82 be forwarded to the City of Oshawa and the Municipality of Clarington for information." (Received for Information) Minutes of the Ganaraska Region Conservation Authority meeting dated May 17, 2003. (Received for Information) M. de Rond, Clerk, Town of Ajax, writing to The Honourable Ernie Eves, Premier of Ontario, advising that the Town of Ajax on June 9, 2003, passed the following resolution related to ''The Road Ahead - A Fair Deal for Municipalities": "THAT Council endorse the resolution of the Council of the Town of Whitby opposing recent proposals of the Government of Ontario." (Received for Information) M. Bredeson, Executive Correspondence Officer, Officer of the Prime Minister, acknowledging receipt of Council's correspondence dated April 28, 2003, regarding Iter. Be assured that the views expressed in the resolution have been carefully reviewed. (Received for Information) B. Skitch, Secretary, Newcastle/Bond Head Ratepayers' Association, writing to The Honourable E. Witmore, Minister of Education, advising that the Newcastle/Bond Head Ratepayers' Association strongly opposes the appointment of a person from Peterborough by the KawarthalPine Ridge Board of Education to be Clarington's interim Board member following the death of Bob Wilshire. They are requesting that the Minister not approve this appointment and that one of the applicants from Clarington be appointed as Clarington's interim member until the November election. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 22 C06.HW 1- 23 SOO.GE 1- 25 D21.GE 1- 26 R05.GE -9- September 15, 2003 Steve Lipsett, Chair, Clarington Highway 407 Community Advisory Committee, writing to The Honourable Frank Klees regarding the draft Terms of Reference for the Highway 407 East Completion Environment Assessment. Mr. Lipsett is expressing support of Council's request to extend the deadline for comments on the EA Terms of Reference for the Highway 407 East Completion to September 15, 2003. (Received for Information) Larry O'Connor, Chair, Health and Social Services Committee, Region of Durham, writing to The Honourable Tony Clement, Minister of Health and Long Term Care regarding the shortage of physicians in Durham Region. Durham Region consists of 8 municipalities (Ajax, Pickering, Brock, Uxbridge, Clarington, Oshawa, Whitby and Scugog). Each is affected by the physician shortage. To administer to the needs of the current and future populace these municipalities have initiated or completed the process of completing proposals for review by the Ontario Underserviced Area Program of the Ministry of Health and Long- Term Care. The Health and Social Services Committee supports these municipalities in their efforts to seek underserviced designated status in order to serve the needs of Durham's residents. (Received for Information) Jolyne Fergueson, Administrative Assistant, Constituency Affairs, advising Council that John Williams, St. Albert Constituency acknowledges receipt of Council's letter regarding iter. Mr. Williams appreciates Council keeping him apprised of the organization's perspective. (Received for Information) Joanne Lindgren, Registrar, Bowmanville United Soccer Club and Treasurer, Darlington Ladies Recreational Soccer League, thanking Council for their support in assisting the Darlington Soccer Club Inc., and all the children in Clarington in acquiring additional venues to play and enjoy the wonderful sport of soccer. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-27 E05.GE 1-28 SOO.GE 1- 29 C07.GE 1- 30 C06.NE 1-31 P10.GE 1- 33 A01.FE - 10- September 15, 2003 Joyce Savoline, Regional Chairman, the Regional Municipality of Halton, requesting Council to share information pertaining to algae (Cladophora) accumulation both on-shore and in the near shore waters, and the noxious odours given off as it decays. In response to the concerns of many residents, the Regional Municipality of Halton has launched three initiatives to study the causes of and possible ways to mitigate this problem. (Received for Information) Anne Wright, Chair, Board of Trustees, Lakeridge Health Corporation, thanking Council for the ongoing support and counsel as they attempt to obtain the necessary Ministry of Health and Long-Term Care approvals to go to tender on the Durham Regional Cancer Centre (DRCC). (Received for Information) The Honourable Don Boudria, Minister of State and Leader of the Government in the House of Commons, advising Council that he cannot guarantee that no federal election will be called to coincide with a municipal election in the future, but careful consideration will be given to Council's resolution endorsing the Municipality of Central Elgin's resolution requesting that the federal and provincial governments refrain from calling elections when a municipal election is also being held. (Received for Information) Minutes of the Newcastle Village Business Improvement Association meeting dated July 10, 2003. (Received for Information) Durham Region Planning Department, providing Council with a copy of a Building Permit Activity Review for January - March 2003. (Received for Information) Federation of Canadian Municipalities, advising Council that a "Border Beef Rally" took place on Saturday, July 26, 2003. The rally organized by the County of Newell and other Alberta municipalities, is an international event highlighting the interdependency and friendship between Canada and the United States. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 34 T07.GE 1- 35 SOO.GE 1- 36 F11.GE 1- 37 D21.GE 1- 38 1- 39 C07.GE 1-40 C06.GE 1- 41 F21.GE - 11 - September 15, 2003 John O'Toole, MPP, Durham, advising Council that he has written a letter to The Honourable Frank Klees, Minister of Transportation, regarding the posting of Clarington's population figures on provincial highways. (Received for Information) Terry Slobodian, Vice-President Advancement, University of Ontario Institute of Technology, providing Council with a brochure designed for their accepted student. The new University of Ontario Institute of Technology opened their doors on September 4, 2003. (Received for Information) Gabrielle Bell, Hall Coorindator, Newcastle Community Hall Board, thanking Council for approving their 2003 budget. (Received for Information) Greater Oshawa Chamber of Commerce, providing Council with a copy of a letter from The Honourable Herb Dhaliwal, writing to the Canadian Chamber of Commerce thanking them for their letter of support for the ITER Project. (Received for Information) Peter Richtig, Executive Director, AIDS Committee of Durham, inviting Council to attend the 9th Annual AIDS Walk Durham on September 21 ,2003. This is their largest annual fund raising event and normally raises $17,000 for their agency to provide HIV/AIDS related services to the Region of Durham. (Received for Information) Ernie Eves, MPP, Premier of Ontario, advising Council that their resolution regarding the district school board representation has been forwarded to The Honourable Elizabeth Witmer, Minister of Education. (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting dated July 15, 2003. (Received for Information) Debi A. Bentley, Deputy Clerk, Durham Region, providing Council with a certified copy of the following by-laws: 45-2003 By-law regarding Development Charges . . . Council Minutes COMMUNICATIONS 1- 42 T05.HW 1- 43 1-45 T05.HW 1- 46 T05.HW - 12- September 15, 2003 46-2003 A New Area Specific By-law regarding Development Charges for Water Supply Services for the Carruthers Creek Development Area 47-2003 A New Area Specific By-law regarding Development Charges for Sanitary Sewerage Works for the Carruthers Creek Development Area (Received for Information) Marcel Brunelle, Mayor, The Corporation of the Town of Whitby, advising Council that he has polled each member of Whitby Council to gather a consensus on Clarington's resolution to extend the period for comments on the draft Terms of References for the Highway 407 East completion. Whitby Council feels it would not be in the Town's best interest to support the resolution. (Received for Information) Janice Badgley, Aboriginal & Community Relations Liaison, Eastern Region, providing Council with brochures regarding natural gas pipelines public safety. (Received for Information) Frank Klees, Minister of Transportation, advising Council that he has received Clarington's request to extend the comment period of the draft Environmental Assessment Terms of Reference for the Highway 407 East Completion to September 15, 2003, and that the request has been denied. The Ministry has received a number of comments from Durham Region residents that reflect a high degree of frustration with the length of time it is taking to complete the planning and environmental work for this project. (Received for Information) P.M. Madill, Regional Clerk, writing to John Slobodzian, Senior Planner, Ministry of Transportation and Gemma Connolly, Acting Special Project Officer, Ministry of Environment, advising that the Region of Durham on July 9, 2003, passed the following resolution: "a) THAT Commissioner's Report No. 2003-J-18 be endorsed as thl;j Region's response to the Highway 407 East Completion Draft Environmental Assessment Terms of Reference; and . . . Council Minutes COMMUNICATIONS 1-47 M02.GE 1- 48 C06.CL 1- 49 C06.GA 1- 50 C06.CO I-51 M02.GE 1- 52 C07.GE 1- 53 D21.GE - 13- September 15, 2003 b) THAT a copy of Commissioner's Report No. 2003-J- 18 be forwarded to the Ministry of Transportation, Ministry of Environment, Area Municipalities and the Conservation Authorities." (Received for Information) Andrea Maenza, Communications, Durham Children's Aid Society, providing Council with copies of their Annual Report (2002/2003). (Received for Information) Minutes of the Clarington Agricultural Advisory Committee meeting dated May 8, 2003 and June 19, 2003. (Received for Information) Minutes of the Ganaraska Region Conservation Authority meeting dated June 19, 2003. (Received for Information) Minutes of the GO Transit meeting dated June 13, 2003. (Received for Information) Jeff Brooks, Chair, Clarington Museum Transitional Board, thanking the Mayor for participating in the Canada Day celebrations at the Bowmanville Museum. (Received for Information) John O'Toole, MPP, Durham, writing to The Honourable Elizabeth Witmer, Deputy Premier and Minister of Education, forwarding a resolution from the Municipality of Clarington requesting the Province to amend the Education Act to require that trustees for a district school board represent the geographic area in which they are qualified to vote. At the present time, a candidate need only live within the geographic area of a school board in order to serve as a trustee in any community within the Board. (Received for Information) Dr. Rey Pagtakhan, Minister of Veterans Affairs and Secretary of State, thanking Council for their letter regarding the Iter Project. The Government of Canada has been supporting the efforts of Iter Canada and its predecessor, the Iter Sitting Board, since 1995. Dr. Pagtakhan has forwarded Council's correspondence to the Honourable Herb Dhaliwal, Minister of Natural Resources Canada. (Received for Information) . Council Minutes COMMUNICATIONS 1- 54 T05.HW I-55 A01.KA I-56 E07.RA . 1- 57 D21.GE 1- 58 D06.GE I-59 E07.RA . 1- 60 A01.GE - 14- September 15, 2003 Steve Lipsett, Chair, Clarington Highway 407 Community Advisory Committee, writing to The Honourable Jim Wilson, Acting Minister of Environment, informing the Minister of their disappointment that the request for an extension of the comment period for the draft Terms of Reference for the Highway 407 East Completion Environment Assessment was denied. (Received for Information) Ian Macnab, Chief Administrative Officer, Kawartha Conservation, forwarding Council a copy of their 2002 Annual Report. (Received for Information) Ric Cameron, Assistant Deputy Minister, Energy Sector, Natural Resources Canada, advising Council that Natural Resources Canada on behalf of the Government of Canada approved the proposed amendment to the Agreement for the Cleanup and Long- Term Safe Management of Low-Level Radioactive Waste. (Received for Information) John Butler, Special Advisor, Office of the Minister of Finance, thanking Council for their letter regarding the Iter Project and advising that he has forwarded a copy of the letter to The Honourable Herb Dhaliwal, Minister of Natural Resources. (Received for Information) Allan Rock, Minister of Industry, advising Council that he is continuing to promote the travel, tourism and hospitality sectors in Toronto. As a Member of Parliament for a Toronto riding, and as Minister of Industry and Minister responsible for the Canadian Tourism Commission, he shares concerns about the negative economic impacts of SARS on the Toronto tourism industry. (Received for Information) Dr. Peter Brown, Director, Uranium and Radioactive Waste Division, Natural Resources Canada, requesting that the Chief Administrative Officer meet with the Low-Level Radioactive Waste Management Office to discuss opportunities for reducing the Phase 1 timeline as well as Phase 1 costs that are within the municipalities' purview. (Received for Information) Jane Peatch, Executive Director, The Canadian-Council for Public- Private Partnerships, providing Council with a copy of their Membership Directory for 2003. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-61 D21.GE 1- 62 P16.GE 1- 63 C07.GE 1-65 1- 66 P16.GE 1- 67 C07.GE - 15 - September 15, 2003 Bruce Hartley, Executive Assistant to the Prime Minister, Office of the Prime Minister, thanking Council for inviting The Right Honourable Jean Chretien to meet during the week of May 5, 2003. The Prime Minister's schedule did not permit him to attend the meeting due to a previous engagement. (Received for Information) Thomas Quinn, Chief Administrative Officer, City of Pickering, writing to Bill Douglas, Fire Chief, Pickering Fire Services Division, commending the Durham Region Fire Chiefs Association on the way business was dealt with at their meeting dated May 21, 2003. (Received for Information) Francoise Guenette, Corporate Director, Communications, Lakeridge Health Corporation, providing Council with a copy of a policy regarding the involvement of Lakeridge Health during any and all election campaigns. The policy, which is to maintain a non- partisan approach during election campaigns, contains guidelines for their staff to follow. (Received for Information) Letter of thanks for her excellent job, copy to fire hall youths Robert Hann, President, Valiant Property Management, thanking The Honourable Herb Dhaliwal, Minister of Natural Resources Canada, for his letter regarding the Iter Project. (Received for Information) Randy Reid, Assistant Chief, Community Programs, Ministry of Public Safety and Security, acknowledging receipt of Council's resolution articulating their support for the Town of Tecumseh's resolution, requesting Emergency Management Ontario to amend the essential program timelines. The request is being considered for discussion purposes. (Received for Information) M. Bredeson" Executive Correspondence Officer, Officer of the Prime Minister, advising Council that their correspondence endorsing the Municipality of Central Elgin's resolution regarding the timing of elections has been forwarded to The Honourable Don Boudria, Leader of the Government in the House of Commons. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 68 M02.GE 1- 69 F22.GE 1-70 C10.MO - 16- September 15, 2003 Martha Rutherford Conrad, Administrator, Clarington Museums, thanking Council for their generous donation to their Canada Day raffle. The Canada Day Celebration at the Bowmanville Museum is an important community event. (Received for Information) M. de Rond, Clerk, Town of Ajax, writing to The Honourable Ernie Eves, Premier of Ontario, advising that the Town of Ajax on June 23, 2003, passed the following resolution: "THAT the resolution of the Council of the Regional Municipality of Durham re: the Government of Ontario Taxpayers Protection Act proposals be endorsed". (Received for Information) Karen Landry, Town Clerk, Town of Halton Hills, writing to the Corporation of the Town of Whitby, advising that the Town of Halton Hills on June 23, 2003, passed the following resolution: "WHEREAS municipal councils are elected by their constituents to conduct the business affairs and to supply various services required by the municipality; and WHEREAS municipal councils are granted powers to approve capital and operating budgets and to establish rates of taxation in accordance with the Municipal Act; and WHEREAS the Council of the Town of Halton Hills conducts annual budget meetings to which the public is invited to attend and express its opinion on budget matters; and WHEREAS the Progressive Conservative Party of Ontario has released a policy paper entitled "The Road Ahead - A Fair Deal for Municipalities"; and WHEREAS the policy paper includes a proposal to require voter approval "before a municipality introduces a new tax or increased the rate of an existing tax"; and WHEREAS municipal corporations are required by law to engage independent auditors to prepare annual financial reports and management advice for submission to the municipal council and the Province of Ontario; and . . . Council Minutes COMMUNICATIONS - 17 - September 15, 2003 WHEREAS the Province of Ontario entered into a Memorandum of Understanding with the Association of Municipalities of Ontario which states, in part, "The Province recognizes municipalities as responsible and accountable governments with respect to matters within their jurisdiction"; and WHEREAS, the Memorandum was intended to build "on the strong relationship between the Province and the municipalities and formalizes the Province's support for the principle of consultation with the municipal sector"; and WHEREAS the Memorandum states "In the spirit of fairness, openness and good faith, any proposed change in legislation or regulations that, in the Province's opinion, will have a significant financial impact on the current municipal budget year, or on the current municipal budget planning cycle, will be accompanied by prior consultation"; and WHEREAS the policy paper ''The Road Ahead - A Fair Deal for Municipalities" contains proposals that have not been considered in consultation with the Association of Municipalities of Ontario in accordance with the Memorandum of Understanding; THEREFORE BE IT RESOLVED AS FOLLOWS: 1. THAT Council for the Town of Halton Hills hereby supports the resolution of the Town of Whitby; 2. THAT the Council of the Town of Halton strongly opposes the erosion of municipal council authority set out in the policy paper "The Road Ahead - A Fair Deal for Municipalities"; 3. THAT the Town of Halton Hills strongly opposes the introduction of an Ontario Municipal Services Quality Auditor that will create a new layer of bureaucratic duplication at an additional and unnecessary cost to taxpayers; . . . Council Minutes COMMUNICATIONS 1-71 C06.DU 1-72 M02.GE 1-73 D21.GE 1-74 D21.GE 1-75 L04.VE - 18- September 15, 2003 4. THAT the Town of Halton Hills expresses, in the strongest terms, that voter approval to increase a rate of taxation will result in the gradual decline of municipal services, including those dedicated to the protective safety and general health of our residents and taxpayers; and 5. THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, Ted Chudleigh, M.P.P., the Association of Municipalities of Ontario and all municipalities in the Greater Toronto Area." (Received for Information) Minutes of the Durham Nuclear Health Committee meeting dated June 13, 2003. (Received for Information) Cheryl MacLeod, Executive Director, Hospice Durham, providing Council with a copy of their Annual Report. (Received for Information) Judi Longfield, M.P., Whitby-Ajax, advising Council that she is a very vocal advocate in support of the Iter project and that she has reiterated this support with a recent letter to the Federal Cabinet urging the Ministers to support and endorse this initiative. (Received for Information) The Honourable Art Eggleton, M.P., York Centre, assuring Council of his support along with the Greater Toronto Area Liberal Caucus for the Iter project. The Ontario Ministers have been asked to champion Iter at the Cabinet table towards a positive decision. (Received for Information) Wayne Tod, Director of Corporate Services/City Clerk, City of Belleville, writing to Veridian CorporationNeridian Connections Inc., advising that the City of Belleville on July 21, 2003, passed the following resolution: "THAT the Council of the Corporation of the City of Bellevilie endorses the resolution received by the City of Pickering regarding the number of seats granted to the City of Belleville on the Veridian Board of Directors." (Received for Information) . Council Minutes - 19- September 15, 2003 COMMUNICATIONS 1-76 M02.GE Marion Irwin, President, Durham Chapter, The ALS Society of Ontario, advising Council of their Walk to D'Feet ALS which will take place at Rotary Park in Ajax on Saturday, September 27, 2003. The walk this year will be the chapter's third annual walk through which funds are raised for research and patient services. (Received for Information) 1-77 C10.MO L04.VE Bruce Taylor, City Clerk, City of Pickering, advising Council that the City of Pickering on June 23, 2003, passed the following resolution: 'WHEREAS Veridian Corporation represents the single largest investment the City of Pickering has in any form; and WHEREAS the City of Pickering's share of Veridian's worth is difficult to define but is clearly in the tens of millions of dollars; and . WHEREAS Members of Council are directly responsible back to the electorate - an electorate that holds them directly accountable for the fiscal health and management of the municipal corporation; and WHEREAS public participation in the management of Veridian does play an important role and should be present in a minority position on the Board of Directors to offer a different perspective on issues before the Board; and WHEREAS the City of Belleville's ownership equity in Veridian is nearly equal to the Municipality of Clarington yet they only have one seat on the Board of Directors; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby gives its approval to amend the shareholder agreement for Veridian Corporation so that the Veridian Board of Directors be comprised of no less than one appointed member of the public, per member municipality, with the remainder being comprised of Members of Council from the municipalities that have ownership in the Corporation; and . THAT the composition of the Board of Directors remain unchanged in terms of number of Board members for Ajax, Clarington and Pickering but that the City of Belleville be granted one additional seat." (Received for Information) . . . Council Minutes COMMUNICATIONS 1-78 C10.MO P16.GE 1-79 C06.NE F22.GE 1-80 C06.CL 1-81 M02.GE 1- 82 P16.GE - 20- September 15, 2003 Bruce Taylor, City Clerk, City of Pickering, advising Council that the City of Pickering on June 23, 2003, endorsed Clarington's resolution requesting one of the members of Regional Council appointed to the Police Services Board be a member of either Clarington or Pickering Council. (Received for Information) B. Skitch, Secretary, Newcastle/Bond Head Ratepayers' Association, providing Council with a copy of a letter addressed to Premier Ernie Eves, advising that they feel that their elected representatives are in office to make decisions such as to increase tax revenues when needed, and that this is the acceptable basis of our Canadian democracy and that the Ontario government in conjunction with development fees should pay for increased services and facilities which arise because of increased population i.e., hospital expansions. (Received for Information) Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising Council that the Clarington Agricultural Advisory Committee on June 19, 2003, passed the following resolution: "THAT all department heads be advised that any items of relevance to agriculture in Clarington be forwarded to the Clarington Agricultural Advisory Committee." (Received for Information) Steven Finlay, Executive Director, The OshawaiClarington Association for Community Living, providing Council with a copy of their 2002/2003 Annual Report. (Received for Information) John O'Toole, MPP, Durham, advising Council that he has written to The Honourable Bob Runciman, Minister of Public Safety and Security, regarding Council's suggestion that one of the new appointments to the Durham Regional Police Services Board be a member of Clarington or Pickering Council. Minister Runciman has given his assurance that this recommendation will be given full consideration when candidates are being considered. (Received for Information) . Council Minutes - 21 - September 15, 2003 COMMUNICATIONS 1- 83 T06.GE John O'Toole, MPP, Durham, writing to Tami and Laurence Robitaille, regarding their concerns of the new sidewalk proposed for Enniskillen on Old Scugog Road. Mr. O'Toole advises the Robitailles that he does not have the jurisdiction to intervene in municipal government decisions. (Received for Information) 1- 84 M02.GE Terry Mosey, President, Customer Operations, Bell Canada, advising Council that Bell Canada is encouraging applications for the Bell Community Development Fund in support of building a stronger Ontario. This is the third year for their $1 million fund announced in 2001. To date they have awarded $506,000 in grants to 23 worthy projects. Deadline for applications is October 2, 2003. (Received for Information) 1- 85 P03.NU Liz Dowdeswell, President, Nuclear Waste Management Organization (NWMO), providing Council with an update on the work of the NWMO. They have just finished Phase 1 of the NWMO Study plan, entitled Conversations about Expectations. They anticipate releasing their first discussion document later this fall, likely in November, which will describe the various management approaches and outline the key questions that might be used to assess them. They have just completed a nation wide survey of public attitudes concerning expectations and awareness of the NWMO and its study of long term management approaches for used nuclear fuel. A workshop has been planned for the fall, bringing together approximately 25 people who can reflect a range of community based perspectives, together with representatives of the NWMO. . (Received for Information) 1-86 D03.GE Michael Stephenson, A/Regional Director, Civil Aviation, Ontario Region, updating Council on the series of nine Pickering Airport Site Zoning Regulations (PASZR) Open Houses. A summary report of the PASZR Open House process can be obtained by visiting www.tc.qc.caJOntarioReqion/pickerinq/azr/en/menu.htm . (Received for Information) 1- 87 SOO.GE Gary Polonsky, President, Durham College, providing Council with a copy of their newest annual report. (Received for Information) . . . . Council Minutes COMMUNICATIONS 1- 88 D21.GE 1-89 C06.VI 1- 90 C06.VI 1- 91 C06.NE 1- 92 A01.FE 1-93 L04.VE - 22- September 15, 2003 The Honourable Herb Dhaliwal, Minister of Natural Resources Canada, advising Council that he enjoyed meeting the Mayor and colleagues in Ottawa in May 2003 regarding the Iter project. The review of Canada's role in Iter is at an important stage, and a decision will be required in the near future. The potential benefits of the project will have to be carefully weighted against the potential costs and risks and other demands on the Government of Canada. Mr. Dhaliwal will make every effect to ensure that this decision is reached expeditiously. (Received for Information) Minutes of the Village of Tyrone and Surroundings Community Centre meeting dated June 21, 2003. (Received for Information) Minutes of the Village of Tyrone and Surroundings Community Centre meeting dated July 17, 2003. (Received for Information) Minutes of the Newcastle Village Business Improvement Association meeting dated August 7, 2003. (Received for Information) Federation of Canadian Municipalities (FCM), advising that the Government of Canada has released the broad criteria for the new $3 billion 10-year long-term infrastructure program announced in the 2003 budget. FCM submission to Infrastructure Canada asked that the new infrastructure program strike a balance between large and small municipal projects to meet the needs of urban, rural, northern and resource-based communities. Most significantly it asked that the funding criteria be flexible and open to both small and strategic projects. (Received for Information) David Clark, Executive Vice President, Corporate Services, Veridian Corporation, advising Council that they have received notification that the By-laws to amend the Shareholders' Agreement affecting the Belleville appointees to the Board of Directors to Veridian Corporation were not approved by Councils for the City of Pickering and the Municipality of Clarington. As the double majority requirement has not been met, the Shareholders' Agreement will remain unchanged. Pickering Council has proposed an alternate amendment to the Veridian Corporation Shareholders' Agreement with respect to appointments to the Board of Directors. . . . Council Minutes COMMUNICATIONS 1- 94 T05.HW 1-95 L 11.GE 1- 96 T05.HW - 23- September 15, 2003 Veridian understands that Councils of Belleville, Clarington and Ajax support and have endorsed this resolution. Veridian will direct its legal counsel to draft a replacement amending agreement and supporting by-laws that would enable the proposal. It is expected that the completed agreements and by-laws could be presented to Councils by no later than September 30, 2003. (Received for Information) Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of Oshawa, received for information Clarington's correspondence dated July 4, 2003, regarding the extension of the deadline for comments on the Draft Terms of References for the Highway 407 East Completion. (Received for Information) David Young, Minister of Municipal Affairs and Housing, providing Council with a copy of the newly released Municipal Performance Measurement Program Handbook, 2003. (Received for Information) Bruce Taylor, City Clerk, City of Pickering, advising Council that the City of Pickering on July 28, 2003, passed the following resolution: "1. THAT Council receive for information Report CAO 08- 03 concerning the Draft Environmental Assessment Terms of Reference for the Highway 407 East Completion, prepared by Totten Sims Hubicki Associates (TSH) and Gartner Lee Limited for the Ministry of Transportation (MTO); 2. THAT Council endorse the following recommendations with respect to the Highway 407 East Completion Draft EA Terms of Reference: a) THAT the City be provided clear and compelling supportive arguments prior to considering any preferred alignment and associated links of the Highway 407 East extension that deviate significantly from the previously recommended alignment anticipated in Pickering; . Council Minutes COMMUNICATIONS . 1- 97 P17.GE 1- 99 T05.HW . - 24- September 15, 2003 b) THAT options for the location, design and number of interchanges, transit stations, truck inspection stations and commuter parking lots in Pickering be developed and reviewed in consultation with the City; 3. THAT Council request MTO to expedite the Highway 407 East Completion EA process wherever possible and commence construction of the extension of Highway 407 from Brock Road eastward immediately following the conclusion of the EA process; 4. THAT Council request MTO to assist the City and Region of Durham in funding improvements to existing City/Regional roads that have been negatively impacted/and deteriorated from significant increased local traffic movements and volume resulting from the current Highway 407 East terminus being located in Pickering; 5. THAT a copy of this Report and Council recommendations be forwarded to MTO and the Region of Durham." (Received for Information) Durham Regional Police Service, advising Council that Robert Boychyn is retiring from the Police Services Board. After six years as Chair of the Durham Regional Police Services Board, Oshawa Regional Councillor Robert Boychyn is stepping down to take on a new challenge. The new appointment takes effect in mid-August and Board Vice Chair Doug Moffatt will serve as interim leader until the next Board meeting, which is scheduled for September 2, 2003. (Received for Information) Libby Racansky, writing to The Honorable Frank Klees, regarding the 407 East Completion Draft Terms of Reference. The Municipality of Clarington on behalf of its residents are acting in good faith to give everybody a change to participate in this process. Summer is the least suitable and unfair season to ask people to be active in any process. A 30-day period for comments on an important issue like 407 is absolutely inadequate. Ms. Racansky is requesting a reconsideration for extending the comment deadline until September 19, 2003, so that all residents, Council and planners have sufficient and suitable time to comment. (Received for Information) . Council Minutes - 25 - September 15, 2003 COMMUNICATIONS 1-100 C06.CE Minutes of the Central Lake Ontario Conservation Authority meeting dated July 15, 2003. (Received for Information) 1-101 P17.GE Wayne Easter, Solicitor General of Canada, writing to Council regarding Clarington's concerns of the Canadian Association of Police Boards (CAPB) regarding the security classification of federal offenders. His officials have aided in the establishment of a Police Association Advisory Committee that includes the Canadian Police Association, the Canadian Association of Chiefs of Police and the CAPB. Mr. Easter emphasizes that the Correctional Service of Canada (CSC) has exclusive jurisdiction with respect to classification and placement of federal offenders. Offenders are normally accommodated in an institution that offers a regime of control, supervision, programs and services consistent with their assigned security classification. The Government has enacted a number of measures in recent years that contribute to public safety. Some of these include strengthening rules for dangerous offenders, the creation of a long-term offender designation and the establishment of the national screening system to check the background of people working with children. (Received for Information) . 1-102 D06.GE Durham Region, providing Council with a copy of their Annual Report for 2002 entitled "Attracting, Supporting and Promoting Business". (Received for Information) 1-103 A01.GE Janet Georgieff, Executive Director, The Community Foundation of Durham Region, providing Council with a copy of their annual report for the year ending 2002. (Received for Information) 1- 104 A01.FE Federation of Canadian Municipalities (FCM), advising Council of the FCM's "Bridging the Gap" campaign, mobilizing municipal governments to take action to highlight the critical need for infrastructure and other investments. Building on this awareness, they will go on to make the case for a new relationship with other orders of government. (Received for Information) . 1-105 C06.GO Minutes of the GO Transit meeting dated July 11, 2003. (Received for Information) . Council Minutes - 26- September 15, 2003 COMMUNICATIONS 1-106 F22.GE Peter Hume, Chair, Municipal Property Assessment Corporation (MPAC), updating Council on a number of initiatives underway. They have initiated new business processes and applied modern technologies to eliminate paper bound process and improve the quality and delivery of products and services. (Received for Information) 1-107 M02.GE Allan Gotlieb, Chairman, Ontario Heritage Foundation, inviting Council to participate in the Heritage Community Recognition Program 2003. The nomination deadline is Tuesday, September 30, 2003. Now in its eighth year, this program provides communities the opportunity to recognize individuals who have made significant contributions to local heritage preservation. (Received for Information) 1- 108 C06.GA Minutes of the Ganaraska Region Conservation Authority meeting dated July 17, 2003. (Received for Information) . 1-109 D21.GE Don MacKinnon, President, Power Workers' Union, writing to The Right Honourable Jean Chretien, in support of the Iter project. The Power Workers' Union is Ontario's largest electricity union representing members in the electrical generation and distribution, research and development, regulatory and hospitality sectors. Iter will benefit not only Durham Region and Ontario but the whole country through the economic impact and technological innovation the project will provide. The high tech jobs, international investment, academic research and leading-edge construction makes Iter a solid choice for Canada's future. (Received for Information) I - 110 D21.GE The Honourable Herb Dhaliwal, Minister of Natural Resources Canada, writing to Robert Hann, President, Valiant Property Manager, advising that he has received Mr. Hann's letter supporting the Iter project. The potential benefits of the project have to be carefully balanced against the potential costs and risks and other demands on the Government. The review of Canada's role in Iter is at an important stage and a decision will be made in the near future, taking into account Canada's science and energy priorities as well as the potential costs and benefits of the project for Canada. . (Received for Information) . . . Council Minutes COMMUNICATIONS I - 111 T05.HW I - 112 P16.GE I - 113 L11.GE 1- 115 C06.SA - 27- September 15, 2003 Frank Klees, Minister of Transportation, providing Council with additional information to clarify the intent and purpose of Bill 25. Bill 25, if passed by the Legislature, does not exempt or alter transportation corridors from the provisions and requirements of the Environmental Assessment Act. The province fully intends that proposals for specific infrastructure or development within any corridor planning area established under the OPDA would be subject to an environmental assessment. As infrastructure corridor plans are developed, the ministry would work closely with local municipalities to minimize impacts on communities. These plans would be developed in an open and transparent fashion, allowing interested parties to provide input. As well, the Smart Transportation Bill was introduced to provide additional long-range planning tools for transportation. This includes establishing Bus Bypass Shoulders on provincial highways, improving our ability to manage High Occupancy Vehicle lanes and carpool lots, and expanding their carpool lot program. (Received for Information) Neil McKerrell, Chief, Ministry of Public Safety and Security, advising Council that they have adjusted the timeline for meeting the Essential Level emergency management program requirements. Emergency Management Ontario has determined that the adoption of a December 31, 2004, deadline for completion of the Essential Level program requirements would be of assistance to all stakeholders. (Received for Information) John O'Toole, MPP, Durham, providing Council with a copy of a statement by The Honourable David Tsubouchi, Minister of Culture, regarding amendments to the Ontario Heritage Act. Minister Tsubouchi notes that a stronger Ontario Heritage Act would provide more tools and more flexibility to protect local and provincial heritage, while making Ontario one of the leading jurisdictions in heritage conservation. (Received for Information) Minutes of the Samuel Wilmot Nature Area Management Advisory Committee meeting dated August 12, 2003. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 116 A01.FE 1- 117 1- 118 C06.CL 1- 119 C06.CL 1-120 1- 121 - 28- September 15, 2003 Federation of Canadian Municipalities (FCM), advising Council that FCM is conducting research to strengthen women's involvement in municipal public consultation processes. The project consists of five main strategies: building and strengthening partnerships; surveying the "state of the art" of gender-inclusive participatory practices; participatory action research in six Canadian communities; developing national action plans; and creating a "Tool Kit" of gender inclusive public participation tools for municipal governments and women's groups. Community projects begin September 2003 and must be completed by April 2004. (Received for Information) Ministry of the Environment, providing Council with a copy of a backgrounder on Roles and Responsibilities of Owners and Operator of Municipal Drinking Water Systems. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee meeting dated June 19, 2003. (Received for Information) Minutes of the Clarington Traffic Management Advisory Committee meeting dated July 17, 2003. (Received for Information) Association of Municipalities of Ontario, advising Council that the Province will compensate municipalities for costs incurred while dealing with the recent power outage. They expect the program will be similar to that created for the 1998 Ice Storm. (Received for Information) Durham Region, advising Council that the Durham Regional Official Plan is currently under review. As part of the review the following Discussion Papers have been released: . Towards a Sustainable and Health Environment; . Population, Employment and Urban Land; . Commercial Policy Review; and . Protection Our Rural Resources. An Open House will take place on September 16, 2003, at 6:00 p.m. to 8:30 p.m. at the Clarington Municipal Offices. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 122 1- 123 C06.LA 1-124 C06.HW 1-125 C06.HW 1-126 C06.HW 1- 127 1-128 - 29- September 15, 2003 Federal Electoral Boundaries Commission for Ontario, providing Council with a copy of the Disposition by the Commission pursuant to Subsection 23( 1) of the Electoral Boundaries Readjustment Act of objections filed by Members of the House of Commons with respect to the Commission's report dated March 14,2003. (Received for Information) Minutes of the Local Architectural Conservation Advisory Committee meeting dated June 17, 2003. (Received for Information) Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated June 17, 2003. (Received for Information) Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated July 9, 2003. (Received for Information) Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated August 6, 2003. (Received for Information) Wayne Easter, Solicitor General of Canada, providing Council with material regarding Bill C-23, proposing measures to establish a comprehensive databank to record information regarding those convicted of sexual offences. (Received for Information) Federation of Canadian Municipalities (FCM), advising Council that FCM urges municipal governments to participate directly in an online dialogue about Industry Canada's antenna towers approval policy. The manner in which Industry Canada exercises its regulatory powers respecting antennas has precipitated conflict with municipal governments. Municipal leaders, individuals, community groups and other stakeholders are invited to participate on an e-Town Hall Website launched on Wednesday, September 3, 2003. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-129 1- 130 I - 131 I - 1 C06.NE - 30- September 15, 2003 John O'Toole, MPP, Durham, providing Council with a copy of a letter received from The Honourable Frank Klees, Minister of Transportation, regarding a change in the population figures on the Clarington road signs. Since numbers on the signs are based on OPAC population reports, Minister Klees suggests awaiting the publication of the 2003 report in September before making any changes. (Received for Information) Durham Region, providing Council with a media advisory regarding the Beaverton Water Supply System. The Durham Region's ongoing testing indicates that the Municipal water supply in Beaverton is safe, and that the water meets all Ontario Water Quality Standards as set by the Provincial Ministry of the Environment. (Received for Information) Brian Malcolm, Executive Director, Parkwood Foundation, providing Council with a copy of the 2002 Annual Report. (Received for Information) B. Skitch, Secretary, Newcastle/Bond Head Ratepayers' Association, expressing concerns to Council regarding the litter that is increasing in the Clarington area. Resolution #C-434-03 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Item I - 1 be referred to the Director of Operations to investigate with the Region of Durham the possibility of providing a "day a month free dumping schedule" for the residents of the Municipality of Clarington. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Correspondence Item I - 2 and refrained from discussion and voting on the subject matter. Councillor Schell's employer is St. Marys Cement, the subject of the correspondence. . . . Council Minutes COMMUNICATIONS 1- 2 C06.ST 1- 5 D06.GE 1-6 C10.MO - 31 - September 15, 2003 Minutes of the St. Marys Cement Community Relations Committee meeting dated June 17, 2003. Resolution #C-435-03 Moved by Councillor Robinson, seconded by Councillor Rowe THAT Correspondence Item I - 2 be received for information. "CARRIED" P.M. Madill, Regional Clerk, Region of Durham, advising that the Region of Durham on June 18, 2003, passed the following resolution: "THAT staff be directed to prepare a report and application to the Provincial Government for SARS relief funding for the Tourism Industry and that the area municipalities be advised accordingly." Resolution #C-436-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 5 be received for information. "CARRIED" P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable David Young, Minister of Municipal Affairs and Housing, advising that the Region of Durham on June 18, 2003, passed the following resolution: "a) THAT Report #2003-COW-03 be endorsed as the Region of Durham's comments on the Final Report of the Advisory Committee on Watershed-based Source Protection Planning and submitted to the Ministry of the Environment (MOE); b) THAT the Province be advised to undertake the following actions in developing an effective source water protection framework: . . . Council Minutes September 15, 2003 - 32- COMMUNICATIONS i) Develop the Source Protection Planning Framework as one section of the provincial Source to Tap Water Policy Manual, which would: describe all linkages to related legislation and policy such as the Planning Act, Safe Drinking Water Act, Environmental Protection Act or Provincial Policy Statement, etc.; contain comprehensive source water protection provisions including policies and strategies for protection of Great Lakes and boundary rivers as the primary drinking water sources for Ontarians; ii) Within the legislative and policy framework for source protection planning, offer several models for delivering the mandatory components of a source protection plan including: a model that permits delivery of the Source Protection Plan by single or upper tier municipalities (similar to the York Peel Durham model); iii) Avoid administrative duplication and jurisdictional complexity by building on and enhancing the current land use and watershed planning processes and mechanisms to achieve source protection planning objectives; iv) Within the municipal delivery model, build on existing mandated roles and responsibilities, and the expertise of Conservation Authorities, Public Health Departments and municipalities, to deliver source protection planning by: making Conservation Authorities the lead for development of science-based watershed plans; . Council Minutes COMMUNICATIONS . vi) . - 33- September 15, 2003 making single/upper tier municipalities responsible for integrating the watershed(s) into a single Source Protection Plan to guide municipal plans, operations and decision- making in regard to source water protection; having the single/upper tier municipality seek approval of the integrated municipal source protection plan for MOE; v) Commit to a sustainable financing strategy for province-wide source protection planning that includes: shifting the burden to core funding for mandated Conservation Authority functions from municipalities back to the Province; making an estimated multi-year budget for work outlined in the Source Protection Plan a requirement for Plan approval; making a test of affordability of the Plan for the municipality part of the MOE approval process; incorporating the Provincial commitment to funding its share of the Source Protection plan into MOE's approval of the Plan; Create a legislated focus on source water protection as a land use planning priority that is integrated into the existing land-use planning framework by: revising the Provincial Policy Statement to place a much higher priority on source water protection and greater attention to watershed planning; amending the Planning Act to require municipalities and the OMB to ensure that Official Plans and planning decisions conform to the source water protection requirements of the PPS; using the precautionary principle as the test for planning appeal decisions where the impact of a proposed development on source water is unclear; . . . Council Minutes COMMUNICATIONS - 34- September 15, 2003 vii) Develop a risk management framework that includes: clear provincial policy direction in regard to application of source protection principles in decision-making; a comprehensive set of risk management strategies with a strong scientific and conceptual base, logical linkages to objectives, measurable outcomes; supportive provincial programs to deal with both proposed and existing land uses that threaten drinking water sources; viii) In addition, the Province should: incorporate findings from previous research into the source protection framework; conduct additional consultation with municipalities, conservation authorities and public health units on creating functional, effective, accountable roles and responsibilities for delivery of source protection planning without duplication; provide new powers and resources to municipalities and conservation authorities to implement any new responsibilities associated with source protection planning; consider the York Peel Durham groundwater strategy data sharing agreement as a model for data sharing province-wide; and c) THAT a copy of Report #2003-COW-03 be forwarded to the Minister of Municipal Affairs and Housing, Durham MPP's, the Association of Municipalities of Ontario, the local municipalities and the five Conservation Authorities located in Durham." . . . Council Minutes COMMUNICATIONS 1-12 A04.GE 1-15 C06.ST - 35 - September 15, 2003 Resolution #C-437-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT the resolution of the Region of Durham regarding Watershed-Based Source Protection Planning be endorsed by the Council of the Municipality of Clarington. "CARRIED" Andy Koopmans, Executive Director, Association of Municipal Managers, Clerks and Treasurers of Ontario, advising Council that Marie Knight Stanley has successfully completed the intensive process to attain the Association's Certified Municipal Officer (CMO) accreditation. Successful applicants must demonstrate extensive skill and knowledge in four areas of competency: municipal knowledge, management, leadership and communication skills. Resolution #C-438-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Marie Knight Stanley be recognized and congratulated on successfully completing the Association's Certified Municipal Officer accreditation. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Correspondence Item I - 15 and refrained from discussion and voting on the subject matter. Councillor Schell's employer is St. Marys Cement, the subject of the correspondence. Minutes of the St. Marys Cement meeting dated March 25, 2003. Resolution #C-439-03 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item I - 15 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS 1- 24 C06.0N 1- 32 M02.GE 1- 44 SOO.GE - 36- September 15, 2003 Carl De Faria, Minister of Citizenship, writing to Council to advise that the first of the Ontarians with Disabilities Act, 2001, accessibility plans are to be made public by September 30, 2003. Planning strategically to improve accessibility is also planning for the future. As our population ages, the proportion of people with disabilities will also increase. Two decades from now, it is estimated that approximately 20 per cent of our population will have a disability. Resolution #C-450-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 24 be received for information. "CARRIED" P.C. Tregunna, Chairman, Cornwall County Council, Truro, advising Council that an Executive Member, Mr. Bert Biscoe, is visiting Clarington. Over the years people from Cornwall have migrated to Canada, making the most of opportunities as they occur, farming and engineering, taking their families and settling to make new lives and play their part where they settle. Wherever that may be, they maintain links with their homeland, and he is always heartened to learn that Cornish Associations worldwide are flourishing. Resolution #C-451-03 Moved by Councillor Trim, seconded by Councillor MacArthur THAT the Cornwall County Council be thanked for their donation to the Municipality of Clarington. "CARRIED" Jerry Shao, Property Manager, The Great Lakes College of Toronto, advising Council that the students at Bowmanville Campus were relocated to Toronto Campus on July 17, 2003. They will keep this property under their maintenance and the soccer fields will be still be open to the community. . . . Council Minutes COMMUNICATIONS 1- 64 M02.GE 1-98 T05.HW - 37 - September 15, 2003 Resolution #C-452-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item I - 44 be received for information. "CARRIED" Sandy Archibald, Chair, Clarington Youth Advisory Committee, thanking Council for the opportunity to participate in this years' Back Yard Festival as the "Charity of Choice". It is estimated that .approximately 15,000 turned out with family and friends to enjoy the hospitality of the Municipality of Clarington. Resolution #C-453-03 Moved by Councillor Rowe, seconded by Councillor Trim THAT Correspondence Item 1- 64 be received for information; and THAT a letter of thanks be forwarded to Sandy Archibald for her work as Chair of the Committee. "CARRIED" Marlene and John Waters, providing Council with their thoughts and concerns regarding the 407 East Completion. They believe that it is evident that the findings of the Smart Growth Panel are not being considered, such as, the in-depth investigation of alternative modes of transportation. The following questions are still needing answers by the Ministry of Transportation, the cost of the 407 east extension, the ownership as to whether it will be private or public, and if the extension will be a tolled highway or not? The Terms of Reference must include a plan describing how the Federal and Provincial Environmental Assessment processes are co-ordinated. The public deserves to know what issues are being considered for the EA and to be given opportunities to comment before it is too late. . . . Council Minutes COMMUNICATIONS 1- 114 F11.GE - 38 - September 15, 2003 Resolution #C-454-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item 1- 98 be referred to the Clarington Highway 407 Committee. "CARRIED" John O'Toole, MPP, Durham, providing Council with a letter and backgrounder from The Honourable Carl DeFaria, Minister of Citizenship, concerning the Community AccessAbility grants for 2003/04. This material describes the program available to incorporated, not-for-project community-based organizations in Ontario. Resolution #C-455-03 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Correspondence Item I - 114 be received for information. "CARRIED" Resolution #C-456-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Council recess for 10 minutes. "CARRIED" The meeting reconvened at 8:05 p.m. Correspondence Items D - 35 and D - 36 were received as handouts. . . . Council Minutes COMMUNICATIONS D - 1 T08.GE D-2 M02.GE D-4 M02.GE - 39- September 15, 2003 Resolution #C-457-03 Moved by Councillor Robinson, seconded by Councillor Ping Ie THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 3, D - 6, D -14 and D - 16 to D - 34, inclusive. "CARRIED" Nancy Swan, requesting Council to readdress the situation of speeding on Concession Street from Liberty to Elgin. Ms. Swan wakes up at 6:00 a.m. to the sound of cars flying up the street. During the day she hesitates to let her son go across to his friends unless she is there to make sure no one runs him over. The passive traffic calming devises everyone was counting on to work are not meeting with her expectations. Ms. Swan suggests speed bumps, stop signs at Beech Avenue and Centre Street, police presence, speeding tickets and lowered speed limits. (Correspondence referred to the Engineering Department) Jean Graham, Chairperson, Newcastle Lions Club, requesting permission to hold a Walk for Dog Guides. All proceeds from the walk will be donated to the Lions Foundation of Canada Dog Guides. The walk is 10 km through Newcastle on Saturday, October 4, 2003. Starting time will be 9:00 a.m. at the Community Hall. (Approved provided that the organizers to apply for and obtain a road occupancy permit) Sandi Hughes, Public Health Nurse, Region of Durham, requesting Council to proclaim the month of September 2003, as "Invite Us Along!" vegetable and fruit month. Recent statistics indicate that only 34% of Durham Region residents consume the recommended 5 servings of vegetable and fruit per day as outlined by Canada's Food Guide to Healthy Eating. During September, Durham Region Health Department staff will focus on increasing community awareness about the importance of vegetable and fruit consumption in their daily diet. (Proclaimed) . Council Minutes - 40- September 15, 2003 COMMUNICATIONS D-5 M02.GE Susan Shetler, Founder, Durham Region, People Against Pornography, requesting Council to declare October 19 to 26, 2003, as White Ribbon Week. White Ribbon Week is an annual national campaign to increase public awareness on the harmful effects of pornography in society. They particularly focus on child pornography, which has unfortunately flourished since the age of the "world wide web." (Proclaimed) D-7 M02.GE Stephanie Miskew, Coordinator, Durham's Child Nutrition Project, requesting Council to proclaim the month of September as Breakfast for Learning month. The goal of this month is to increase awareness of the importance of child nutrition as it relates to learning. (Proclaimed) D-8 M02.GE Eileen McLean, Public Health Nurse, Durham Region, requesting Council to proclaim October 8,2003, as International Walk to School Day (IWALK). Last year more than 200,000 students and their families from over 600 schools participated in IWALK in Ontario, an increase of almost 200 schools over the previous year. In Durham Region a total of 27 schools participated. (Proclaimed) . D-9 Marjory Morden, President, Ontario Trail Riders Association Inc., requesting Council to consider all other alternative solutions rather than closing or reducing access to the Highway 115/35 tunnel. The safety of all trail users is still of great concern to their association and they urge Council to reconsider the closure of this tunnel. The Ontario Trail Riders Association was instrumental in having this underpass constructed many years ago, when Highway 115/35 was being widened. They felt the safety of all trail users wishing to enjoy the Great Pine Ridge Trail and access the trails in the Ganaraska Forest was of great concern and made the proposal to the Ontario Ministry of Transportation. (Correspondence referred to the Director of Engineering) D -10 M02.GE The Honourable Denis Coderre, Minister of Citizenship and Immigration, requesting Council to proclaim October 13 - 19, 2003, as Canada's Citizenship Week. This event is a time to explore the nature of Canadian citizenship and the underlying values of respect, freedom and belonging that bring us together and make Canada such a great country to live in. (Proclaimed) . . . . Council Minutes COMMUNICATIONS D-11 M02.GE D -12 D - 13 M02.GE D -15 D-35 - 41 - September 15, 2003 Newcastle Business Improvement Association, requesting Council to close Highway 2 from Baldwin Street to Beaver Street in the Newcastle Village area on Saturday, October 4, 2003, for the Annual Village Fall Festival. (Approved provided organizers apply for and obtain a road occupancy permit) Petition from 26 residents of Brownsville Road North, requesting that Council provide several speed bumps or have increased police surveillance with radar. The residents have a concern about the safety of their families and pets due to the recent number of motorists who use this road as a speedway. (Correspondence referred to the Director of Engineering) The Honourable James Flaherty, Minister of Enterprise Opportunity and Innovation, advising Council of the Ontario Global Traders Awards. This award recognizes export success among the province's small and medium-sized enterprises in all industry sectors. The deadline for nominations is November 3, 2003. (Correspondence referred to the Municipal Clerk to place an advertisement in the local newspaper) John O'Toole, MPP, Durham, providing Council with a copy of a letter from Anna Hamley regarding vandalism near her property in Courtice. Mr. O'Toole states that Ms. Hamley has some suggestions concerning a possible solution to this situation and he trusts that the Municipality of Clarington will follow up. (Correspondence referred to the Direction of Operations and the Clerk's Department) Lorraine Knowles, Vice Principal, Courtice Secondary School requesting permission to hold a Terry Fox Run on Wednesday, September 24, from Courtice Secondary School. The event will run from 9:30 a.m. to 11 :00 a.m. In the case of inclement weather, the rain date would be Monday, September 29. (Approved provided the applicants apply for and obtain a road occupancy permit) . . . Council Minutes COMMUNICATIONS D-36 D-3 P01.GE D-6 P01.GE - 42- September 15, 2003 Linda Gasser providing comments pertaining to Report PSD-99-03 and the Addendum thereto regarding Municipal Comments on the 407 East Completion Draft Terms of Reference. (Referred correspondence to Unfinished Business to be considered in conjunction with the Addendum to Report PSD-99-03) Nick Vyfschaft, advising Council that he has a suggestion regarding skateboarders. Mr. Vyfschaft suggests that the municipality effect "use at own risk" after hours at business places, instead of "no skateboarding" signs. This way skaters will wait until after hours and they will not be able to sue the municipality because the skaters will be skateboarding at their own risk. This will also benefit security guards and police officers because they will not have to fine or arrest skateboarders at a place of business after hours. He notes if this is not a good idea then a skatepark should be built in Clarington. He suggests at Dr. G.J. Macgilivery Public School. Resolution #C-458-03 Moved by Councillor Rowe, seconded by Councillor Robinson THAT Correspondence Item D - 3 be referred to the Director of Engineering Services, the Clerk's Department and the Clarington Youth Advisory Committee. "CARRIED" Bonnie Parisien, providing Council with a petition containing 76 signatures requesting a new residential pool maintenance by-law to be implemented as soon as possible. This by-law should pertain to all residential pools. All pools should be either/or: 1. in working condition, with water circulating; 2. dismantled and/or filled in. This by-law should have a non-compliance fine of $5,000 as serious public health risks exist. . . . Council Minutes COMMUNICATIONS D -14 - 43- September 15, 2003 Resolution #C-459-03 Moved by Councillor Robinson, seconded by councillor Pingle THAT Correspondence Item D - 6 be referred to the Municipal Clerk. "CARRIED" Mr. and Mrs. Vincent, providing Council with a petition containing 20 signatures advising that motorists use Edward Street East between Beaver Street and Brookhouse, Newcastle Village, as a section of road to accelerate on, as there are no stop signs or speed bumps to impede their speed, many surpassing the speed limit with little regard for the safety of others. This creates a dangerous street where many young children play in front of their homes or make their way to the school or park. Of particular concern is the intersection of Glass Court and Edward Street. Many Newcastle children must cross either Edward Street or Glass Court (or both) at this intersection to access the park or school or the Catholic School bus stop. Crossing these streets can be treacherous for two reasons: 1) the general high rates of speed achieved by motorists on the unimpeded stretch of Edward between Beaver and Brookhouse; 2) many east and westbound motorists make the turn to southbound Glass Court at speed and often without signaling. Residents feel that the solution is a four way stop at Edward Street and Glass Court. Resolution #C-460-03 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Item D - 14 be referred to the Director of Engineering Services for a new traffic study to be conducted due to the completion of Dunbury Homes Phase II. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 16 C12.PO D - 17 D -18 M02.GE - 44- September 15, 2003 James DaCosta, advising Council that he is resigning from the Port Granby Community Advisory Committee. Mr. DaCosta acknowledges the work of Janice Swartz on this Committee. Resolution #C-461-03 Moved by Councillor MacArthur, seconded by Councillor Trim THAT James DaCosta's resignation be accepted and that he be thanked for his services on the Port Granby Community Advisory Committee; and THAT Janice Swartz also be thanked for her assistance on the Committee. "CARRIED" Jim Russell, advising Council that he was alarmed to hear of Walmart's application for West Bowmanville. Walmart's entry will devastate the downtown commerce of small towns. Bowmanville, Port Perry and Port Hope are all the traditional downtowns left in this area. It would be a shame to lose one of them. Resolution #C-462-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Correspondence Item D - 17 be referred to the Director of Planning Services. "CARRIED" Helen Schmid, requesting Council to broaden the Sports Hall of Fame concept to one that includes other notable Clarington individuals. For example, from a historical standpoint, she suggests three persons for who plaques have been erected, namely Joseph Atkinson, Bishop Charles Henry Brent, Sir Ambrose Thomas Stanton, all born in Clarke Township. There are many other including Almon James Cotton who went to Manitoba from Clarke and became Wheat King and had other accomplishments; James Nevin of Leskard, who learned about fish propagation under Samuel Wilmot and became Commissioner of Fisheries in Wisconsin, U.S.A.; Adolphus Payne, probably Canada's most noted detective; Miss Elizabeth Barrett of Orono who became important as one of the signees of the famous Treaty NO.7 in Alberta. . . . Council Minutes COMMUNICATIONS D - 19 C06.CL - 45- September 15, 2003 Resolution #C-463-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT Correspondence Item D - 18 be referred to the Clarington Museum Transitional Board. "CARRIED" Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising that the Clarington Agricultural Advisory Committee on June 19, 2003, passed the following resolution: "WHEREAS there are continued health and environmental changes in our society; WHEREAS our municipalities are trying as best they can to eliminate potential dangers such as breeding grounds for West Nile Virus; WHEREAS farmers have the need quite often for more than one hundred and fifty tires on their various machines; WHEREAS the cost of disposal is often prohibitive due to the weight of large tires; NOW THEREFORE BE IT RESOLVED THAT farmers be allowed to deliver their unwanted farm tires to regional collection centres at no cost to the farmer; and FURTHER that this resolution be circulated to all Municipalities within Durham Region, the Durham Regional Health Department and Durham Region Works Department." Resolution #C-464-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 19 be referred to the Regional Works Committee. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 20 SOO.GE D - 21 F11.GE - 46- September 15, 2003 Frank Gill, Reeve, Township of Armour, advising Council that the Township of Armour passed the following resolution: "WHEREAS the Nurses of the Toronto Hospitals seek an inquiry into the recent serious outbreak of the disease known as SARS; AND WHEREAS this caused great concern for all areas of Ontario and Canada; NOW THEREFORE be it resolved that the Council of Armour in the District of Parry Sound support the Nurses in their determination to get the Ontario Government to set up a Board of Inquiry; AND FURTHER that the Council of Armour seek support of all municipalities of Ontario to this resolution." Resolution #C-465-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT the resolution from the Township of Armour regarding an inquiry pertaining to SARS be endorsed by the Council of the Municipality of Clarington. "CARRIED" Sylvia Pivko, Executive Director, Durham Family Court Clinic, requesting Council to partner with them by advocating the merits of volunteer leadership to their Seeds of Hope campaign. They also request that Council encourage support from both business and community groups in advancing their campaign goal. Together, we can make available highly specialized supports and services to help address serious, and often systematically rooted, problems in the lives of children, youth and their families within Durham Region. . . . Council Minutes COMMUNICATIONS D - 22 C10.MO - 47- September 15, 2003 Resolution #C-466-03 Moved by Councillor Trim seconded by Councillor Schell THAT Correspondence Item D - 21 be referred to the Chief Administrative Officer. "CARRIED" J'w. Jamieson, County of Bruce, advising Council that the County of Bruce on June 12, 2003, passed the following resolution: "WHEREAS the announcement of a cow testing positive with Bovine Spongiform Encephalopathy (BSE) has had an immediate negative impact on the livestock industry and related industries in all of rural Canada; AND WHEREAS the livestock industry is an important part of the Canadian economy; NOW THEREFORE BE IT RESOLVED THAT the County of Bruce encourage the senior levels of Government to take immediate action to show financial support to mitigate the negative impact being felt by implementing a BSE specific financial support program; AND THAT the senior levels of government be encouraged to expeditiously work towards reinstating the export of beef to the United States and other countries; AND FURTHER THAT the resolution be circulated to The Honourable Jean Chretian, Prime Minister of Canada, The Honourable Ernie Eves, Premier of Ontario and all Premiers throughout Canada, Honourable Kyle Vanclief, Minister of Agriculture, the Honourable Helen Johns, Minister of Agriculture and Food, local MP's and MPP's, the Association of Municipalities of Ontario, the Federation of Canadian Municipalities, the Bruce County Cattlemen's Association, the Ontario Cattlemen's Association, the Canadian Cattlemen's Association and all municipalities within the Province of Ontario." . . . Council Minutes COMMUNICATIONS D - 23 A19.GE D - 24 C10.MO - 48- September 15, 2003 Resolution #C-467-03 Moved by Councillor Robinson, seconded by Councillor Schell THAT Correspondence Item D - 22 be referred to the Durham Agricultural Advisory Committee and to the Clarington Agricultural Advisory Committee. "CARRIED" John Arkelian, Durham Council for the Arts, writing to elected representatives at the Region of Durham and the City of Oshawa, requesting that the arts community have the opportunity to incorporate facilities to benefit the arts in the new complex located at Taunton and Harmony Roads. Providing such facilities would cost the city very little, if it included them as part of a bigger complex and it would represent tangible, lasting support for the long neglected arts sector. Resolution #C-468-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Correspondence Item D - 23 be received for information. "CARRIED" Elaine Clark, Acting Clerk Administrator, Town of Ingersoll, advising Council that the Town of Ingersoll on June 9, 2003, passed the following resolution: 'WHEREAS the Legislature of Ontario has a responsibility to promote the health of young persons by restricting their access to tobacco products in light of the risks associated with the use of tobacco products; AND WHEREAS conclusive evidence implicates the use of tobacco products in the incidence of numerous debilitating and fatal diseases affecting the health of the residents of Ontario; AND WHEREAS Section 3 (1) of the Tobacco Control Act, 1994, S.O. 1994, Chapter 10, as amended, prohibits any person from selling or supplying tobacco to a person who is less than 19 years old; . . . Council Minutes COMMUNICATIONS D - 25 C10.MO - 49- September 15, 2003 AND WHEREAS it is not illegal for a person under the age of 19 to possess or smoke or otherwise consume tobacco products in a public place; NOW THEREFORE BE IT RESOLVED that the Town of Ingersoll hereby petitions the government for the Province of Ontario to enact legislation prohibiting the possession or smoking or otherwise consuming tobacco products in a public place in the Province of Ontario." Resolution #C-469-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 24 be received for information. "CARRIED" Elaine Clark, Acting Clerk Administrator, Town of Ingersoll, advising Council that the Town of Ingersoll on June 9, 2003, passed the following resolution: "WHEREAS the Municipal Act 2001, S.O. 2001, as amended, allows for municipalities to regulate matters not specifically provided for by this Act or any other Act for purposes related to the health, safety and well-being of the inhabitants of the municipality; AND WHEREAS the Municipal Act 2001, S.O. 2001, as amended, allows for municipalities to prohibit or regulate the smoking of tobacco in public places and workplaces; AND WHEREAS certain municipalities have regulated a total smoking ban of tobacco in public places and workplaces and certain municipalities have certain exemptions for the smoking of tobacco in public places and workplaces; AND WHEREAS certain municipalities have not regulated smoking of tobacco in public places and workplaces; AND WHEREAS all residents of Ontario deserve legislation to protect their health, safety and well-being from smoking and second hand smoke; . . . Council Minutes COMMUNICATIONS D - 26 C10.MO C07.GE - 50- September 15, 2003 NOW THEREFORE be it resolved that the Town of Ingersoll hereby petitions the Government of Ontario to enact legislation to prohibit smoking in all public and workplaces in the Province of Ontario." Resolution #C-470-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the resolution from the Town of Ingersoll regarding prohibiting smoking in all public and work places be endorsed by the Council of the Municipality of Clarington. "CARRIED" T. McHarg, Town Clerk, Executive Services Department, the Corporation of the Town of Milton, advising Council that the Town of Milton on July 7, 2003, passed the following resolution: "WHEREAS municipal councils are elected by their constituents to conduct the business affairs and supply various services required by the municipality; and WHEREAS municipal councils are granted powers to approve capital and operating budgets and establish rates of taxation in accordance with the Municipal Act; and WHEREAS the Council of the Town of Milton conducts publicly-advertised annual budget meetings to which the public were invited to attend and express its opinion on budget matters; and WHEREAS the Progressive Conservative Party of Ontario has released a policy paper entitled "The Road Ahead - A Fair Deal for Municipalities"; and WHEREAS the policy paper includes a proposal to require voter approval "before a municipality introduces a new tax or increases the rate on an existing tax"; and WHEREAS municipal corporations are required by law to engage independent auditors to prepare annual financial reports and management advice for submission to the municipal council and the Province of Ontario; and . . . Council Minutes COMMUNICATIONS - 51 - September 15, 2003 WHEREAS the Province of Ontario entered into a Memorandum of Understanding with the Association of Municipalities of Ontario which states, in part "The Province recognizes municipalities as responsible and accountable governments with respect to matters within their jurisdiction"; and WHEREAS the Memorandum of Understanding states that "The Province is committed to cooperating with municipalities in considering new legislation or regulations that will have a municipal impact"; and WHEREAS, the Memorandum was intended to build "on the strong relationship between the Province and the municipalities and formalizes the Province's support for the principle of consultation with the municipal sector"; and WHEREAS the Memorandum states "In the spirit of fairness, openness and good faith, any proposed change in legislation or regulations that, in the Province's opinion, will have a significant financial impact on the current municipal budget year, or on the current municipal budget planning cycle, will be accompanied by prior consultation"; and WHEREAS the policy paper "The Road Ahead - A Fair Deal for Municipalities: contains proposals that have not been considered in consultation with the Association of Municipalities of Ontario in accordance with the Memorandum of Understanding; THEREFORE BE IT RESOLVED AS FOLLOWS: 1. THAT the Council of the Town of Milton strongly opposes the erosion of municipal council authority set out in the policy paper ''The Road Ahead - A Fair Deal for Municipalities"; 2. THAT the Town of Milton strongly opposes the introduction of an Ontario Municipal Services Quality Auditor that will create a new layer of bureaucratic duplication at an additional and unnecessary cost to the taxpayer; . . . Council Minutes COMMUNICATIONS D - 27 P01.GE - 52- September 15, 2003 3. THAT the Town of Milton expresses, in the strongest terms, that voter approval to increase a rate of taxation will result in the gradual decline of municipal services, including those dedicated to the protective safety and general health of our residents and taxpayers; and 4. THAT a copy of this resolution be forwarded to the Premier of Ontario, the Minister of Municipal Affairs and Housing, The Honourable Ted Chudleigh M.P.P. Halton North, the Association of Municipalities of Ontario and all municipalities in the Greater Toronto Area." Resolution #C-471-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the resolution of the Corporation of the Town of Milton regarding The Road Ahead - A Fair Deal for Municipalities be endorsed by the Council of the Municipality of Clarington. "CARRIED" Greg Farrant, Government Relations and Communications Manager, Ontario Federation of Anglers and Hunters, requesting Council to pass the following resolution: "THAT, the federal government committed to the taxpayers of Canada that the National Firearms Registry for long guns under Bill C-68 would cost no more than $2 million dollars; THAT, the Auditor General's Report submitted to Parliament on December 3, 2002, determined that the minimum cost of the federal firearms registry for long guns will exceed $1 billion dollars; that a recent administrative review by a consultant for the Justice Department verified that the gun registry will cost an additional $541 million before being fully implemented, and another $1 billion to operate; and that these spending estimates do not include the cost of associated programs; . Council Minutes COMMUNICATIONS . . - 53 - September 15, 2003 THAT, the Canadian Taxpayers Federation has recently announced that they believe that the firearms registry for long guns will cost the taxpayers of Canada at least $2 billion; THAT, the Auditor General of Canada determined that the Justice Department has consistently failed to provide both the Members of Parliament and the Auditor General with accurate information regarding cost overruns of the registry; THAT, the government has failed to provide any conclusive or verifiable evidence that the registration of long guns is preventing crime or keeping guns out of the hands of criminals; THAT, the money spent on the firearms registry for long guns would have provided MRI's for every hospital in Canada, or provide for the hiring of at least 10,000 police officers; THAT, municipalities across Canada are in dire need of funding assistance to assist with the provision of local services including public transit, the maintenance of local infrastructure such as roads, bridges, sewers, hospital, and local law enforcement; THAT, eight Provinces, three Territories, police associations, police chief's and police officers across Canada have withdrawn their support of the firearms registry for long guns; five recent public opinion polls have demonstrated that a majority of Canadian taxpayers support the abolition of the firearms registry in favor of spending on other national priorities; and that six provinces are refusing to prosecute charges associated with the firearms registry; THEREFORE, as elected representatives of the Municipality of Clarington, we call upon Parliament to retain the licensing component of Bill C-68; to strengthen the sentencing and penalties associated with the use of a firearm in the commission of a crime; and abolish the unworkable national firearms registry for long guns and redirect the tax dollars being spent on the registry to programs in support of municipal infrastructure, health care, education, and local law enforcement." . . . Council Minutes COMMUNICATIONS D - 28 E06.GE - 54- September 15, 2003 Resolution #C-472-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the resolution from the Ontario Federation of Anglers and Hunters regarding Bill C-68 be endorsed by the Council of the Municipality of Clarington. "CARRIED" M. Toft for the City Clerk, City of Toronto, advising Council that the City of Toronto on June 24, 25 and 26, 2003, passed the following resolution: 'WHEREAS City Council on April 16, 17 and 18, 2002, adopted a number of motions as part of Policy and Finance Committee Report No.6, Clause No.1, headed 'Implications of the Sale of Hydro One for the City of Toronto', calling on the Provincial Government to stop the sale of Hydro One because of the many negative impacts such a sale could have on Torontonians; and WHEREAS City Council on April 16, 17 and 18, 2002, adopted a motion stating 'that the Mayor and Members of the Toronto City Council ask the Provincial Government and the new Premier of Ontario, Ernie Eves, to cancel the decision to privatize Hydro One and deregulate the energy market'; and WHEREAS the Province is appealing the Superior Court decision made on April 19, 2002, that stopped the sale of Hydro One; and WHEREAS the Communications, Energy and Paperworkers Union of Canada and the Canadian Union of Public Employees are defending against the appeal launched by the Ontario Government with regards to the April 19, 2002, Superior Court decision to stop the sale of Hydro One; and . . . Council Minutes COMMUNICATIONS - 55- September 15, 2003 WHEREAS given City Council's position on the sale of Hydro One, it is in the interest of the City to help the Communications, Energy and Paperworkers Union of Canada and the Canadian Union of Public Employees in their defence against the appeal launched by the Ontario Government with regards to the April 19, 2002, Superior Court decision to stop the sale of Hydro One; and WHEREAS timely support by the City to the Communications, Energy and Paperworkers Union of Canada and the Canadian Union of Public Employees in their defence against the appeal launched by the Ontario Government will greatly improve their ability to launch a successful defence; NOW THEREFORE BE IT RESOLVED THAT the City support the action of the Communications, Energy and Paperworkers Union of Canada and the Canadian Union of Public Employees as they defend against the appeal launched by the Ontario Government with regards to the April 19, 2002, Superior Court decision to stop the sale of Hydro One at the Ontario Court of Appeal and that this support be 25 percent (or up to a maximum of $40,000.00) of legal fees; AND BE IT FURTHER RESOLVED THAT funds be drawn from this purpose from the Legal Department Account for outside legal advice; AND BE IT FURTHER RESOLVED THAT the Association of Municipalities of Ontario and Ontario cities with population over 50,000 be requested to consider joining the City of Toronto in providing financial support." Resolution #C-473-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Correspondence Item D - 28 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 29 F22.GE - 56- September 15, 2003 J.D. Leach, City Clerk, City of Vaughan, advising Council that the City of Vaughan on June 23, 2003, passed the following resolution: 'THAT the City of Vaughan supports the principle of accountability to taxpayers; AND WHEREAS the Council of the City of Vaughan is accountable to its ratepayers through the direct election process; AND WHEREAS the City of Vaughan Council exercises fiscal responsibility in its annual budgetary process, including public notice, public input and public reporting of municipal budgets, both operating and capital; AND WHEREAS the new Municipal Act, 2001, requires increased public notice and input in the preparation of municipal budgets thereby providing greater accountability to the taxpayer; AND WHEREAS the City of Vaughan supports a budget process that is open, consultative and provides an opportunity for public interaction; AND WHEREAS the budget process is a comprehensive and complex exercise and has implications in the short term and for long term fiscal planning and trade-offs can not be easily articulated through a referendum; AND WHEREAS the cost of a provincially mandated process, i.e. the referendum, will add an additional and unnecessary cost to the local property taxpayer; NOW THEREFORE BE IT RESOLVED THAT the Council of the City of Vaughan requests that the Provincial government not consider future legislation that will impose the use of referendums relating to property tax increases; AND THAT a copy of this resolution be forwarded to Premier Ernie Eves, Janet Ecker, Minister of Finance, David Young, Minister of Municipal Affairs and Housing, local Regional Members of Provincial Parliament, the Association of Municipalities of Ontario (AMO) and municipalities in the Province of Ontario with a population over 50,000." . . . Council Minutes COMMUNICATIONS D - 30 C10.MO - 57- September 15, 2003 Resolution #C-474-03 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the resolution from the City of Vaughan regarding referendums relating to property tax increases be endorsed by the Council of the Municipality of Clarington. "CARRIED" Neil Rodgers, President, Urban Development Institute/Ontario, advising Council that the Urban Development Institute/Ontario passed the following resolution: 'WHEREAS the Urban Development Institute of Ontario (UDI) has maintained a high degree of interest and involvement in the deliberations and consultations of the Central Ontario Smart Growth Panel ("Panel"); AND WHEREAS the position of UDI with respect to smart growth is stated in our report entitled "Investing for Tomorrow: Moving Forward with Smart Growth in Ontario (January 2003)"; AND WHEREAS UDI is supportive of: . The goals of smart growth towards improving competitiveness, increasing opportunities, investment in infrastructure, creating transportation choices and building livable and sustainable communities; The vision of smart growth and the overarching goals of the Panel's advice to the government, particularly on matters related to transportation and transit; The provisions of the Provincial Policy Statement in providing a balanced policy framework that offers direction to municipal councils, developers and the public in the planning process; The role and independence of the Ontario Municipal Board in the adjudication of land use planning matters; The coordination of cross jurisdictional infrastructure (water and sewers), transportation and transit; . . . . . . . Council Minutes COMMUNICATIONS - 58- September 15, 2003 . Bill 25 (The Smart Transportation Act) and the 2003 Provincial Budget announcement of the creation of the Central Ontario Transportation Authority (COTA) as an agency that can deliver integrated and seamless transportation and transit functions; . The advise of the Panel with respect to the appointment of a Provincial Facilitator. AND WHEREAS UDI has significant concerns with: . The Panel's advice to the government relating to the Implementation Framework, particularly the notion of the "Central Ontario Coordinating Body" that would create powerful boards and special purpose bodies, who are not elected and not accountable, that will erode provincial authority and decision making, perpetuate governance debates between upper and lower tier governments, fetter local decision making and the role of the Ontario Municipal Board. NOW THEREFORE BE IT RESOLVED that the Board of Directors of UDI requests the Provincial Government to: a) Undertake to consult with UDI and other invited stakeholders, within 60 days, to review workable options concerning inter-regional coordination of transportation, transit, municipal infrastructure and smart growth implementation; b) Convene a meeting of the Central Ontario Smart Growth Panel within 60 days to discuss specifically matters related to the implementation framework and next steps expressed in their Report; and c) Act on the recommendation of the Central Ontario Smart Growth Panel and appoint a Provincial Facilitator at the earliest possible date." Resolution #C-475-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item D - 30 be received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 31 C06.PO D - 32 - 59- September 15, 2003 Janice Auger Szwarz, Port Granby Project Community Advisory Committee, advising Council that the Port Granby Project Community Advisory Committee on June 26, 2003, passed the following resolution: "THAT the Community Advisory Committee suggest to Council that, as a result of the resignation of Jim DeCosta from the committee, John Stephenson be appointed to the Community Advisory Committee for the balance of its term." Resolution #C-476-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D - 31 be received for information. "CARRIED" George Vadeboncoeur, CAO/Town Clerk, Town of Penetanguishene, advising Council the Town of Penetanguishene passed the following resolution: 'WHEREAS the Payment in Lieu of Taxes (PIL) paid by the Province to municipalities for hospitals, institutions and correctional facilities is currently set at $75.00 per bed; AND WHEREAS the $75.00 per bed PIL has not increased in over 25 years and is no longer reflective of the cost of the provision of municipal services such as roads, fire and police protection; AND WHEREAS local municipalities must share the PIL with the upper tier municipality thereby reducing the amount of revenue available for local services; AND WHEREAS the Council of the Town of Penetanguishene is of the view that the PIL should be increased so that it is more in keeping with the cost of providing services to Provincial facilities; . . . Council Minutes COMMUNICATIONS D - 33 - 60- September 15, 2003 BE IT RESOLVED that the Council of the Town of Penetanguishene respectfully requests the Province of Ontario through the Ministry of Finance and our local MPP, Garfield Dunlop to increase the amount of the Payment in Lieu of Taxes (PIL) per bed rate paid for hospitals, institutions and correctional facilities paid to municipalities where these facilities are located; BE IT FURTHER RESOLVED that the Council of the Town of Penetanguishene directs the Clerk to copy this motion to all Ontario Municipalities where hospitals, institutions and correctional facilities are located requesting their support of this initiative; BE IT FURHTER RESOLVED that the Council of the Town of Penetanguishene respectfully requests the support of the Association of Municipalities of Ontario (AMO) in this initiative." Resolution #C-477-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 32 be received for information. "CARRIED" Jim Hie, the Corporation of the Town of Gravenhurst, advising Council that the Town of Gravenhurst passed the following resolution: "WHEREAS the Council of the Town of Gravenhurst has received a petition signed by neighbours in the area of a proposed Group Home; AND WHEREAS the petition cites the neighbours' concerns with the proposal to establish the Group Home; AND WHEREAS Section 35(2) of the Planning Act, RSO. Chapter P.13 does not allow municipalities to pass by-laws that distinguish between persons who are related and persons who are unrelated in respect of the occupancy or use of a single housekeeping unit; . . . Council Minutes COMMUNICATIONS D - 34 - 61 - September 15, 2003 AND WHEREAS there appears to be a conflict between applicable planning Legislation, policy and regulation, and case law with respect to the regulation of Group Homes through the use of zoning by-laws; AND WHEREAS recent court cases have quashed municipal zoning by-laws that were passed in an effort to establish spatial separation regulations for Group Homes; AND WHEREAS high concentrations of Group Homes within small urban communities may alter the character of the community in which they are located; NOW THEREFORE BE IT RESOLVED THAT the Town of Gravenhurst hereby requests the Minister of Municipal Affairs and Housing consider amendments to the Planning Act to authorize municipalities to pass by-laws that are sensitive to the size and makeup of our smaller Ontario communities." Resolution #C-478-03 Moved by Councillor MacArthur, seconded by Councillor Trim THAT the resolution of the Corporation of the Town of Gravenhurst regarding group homes be endorsed by the Council of the Municipality of Clarington. "CARRIED" Jane Steller, Clerk, The Corporation of the Township of Wilmot, advising Council that the Township of Wilmot on August 11, 2003, passed the following resolution: "THAT WHEREAS insurance premiums are rising to and in excess of 100%; AND WHEREAS fuel prices are historically high and fluctuate as much as $0.1 O/Iitre or more in a matter of hours; AND WHEREAS these changes cause hardships for businesses, large and small to the point of bankruptcies and closings; . . . Council Minutes COMMUNICATIONS - 62- September 15, 2003 THEREFORE BE IT RESOLVED that governments at both senior levels, who are responsible for the regulation of these costs, be requested to investigate and make improvements to resolve these financial hardships; AND FURTHER that the Township of Wilmot requests this resolution be distributed to AMO for distribution to all municipalities in Ontario for support, and to MP's and MPP's." Resolution #C-479-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT the resolution of the Corporation of the Township of Wilmot regarding insurance premiums and gas prices be endorsed by the Council of the Municipality of Clarington. "CARRIED" NOTICE OF MOTION Resolution #C-480-03 Moved by Councillor Pingle, seconded by Councillor Robinson WHEREAS at a meeting held on June 10, 2002, Council passed a resolution requesting the Regional Municipality of Durham to review the rates being charged for people with septic systems; AND WHEREAS there are many residents of the Municipality of Clarington who utilize holding tank systems for the treatment of their waste; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY OF CLARINGTON THAT the Regional Municipality of Durham be requested to investigate the implementation of a policy pertaining to user costs for holding tank systems. "CARRIED" . . . Council Minutes September 15, 2003 - 63- REPORTS Report #1 Resolution #C-481-03 G.PA Report Moved by Councillor Schell, seconded by Councillor Rowe September 8, 2003 THAT the General Purpose and Administration Committee Report of September 8, 2003, be approved with the exception of Item #5. "CARRIED" Report PSD-092-03 Rezoning Application Resolution #C-482-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Report PSD-092-03 be received; THAT the application submitted by Anoop Saraf on behalf of 152593 Ontario Limited be referred back to Staff for further processing and the preparation of a further report; and THAT all interested parties listed in Report PSD-092-03 and any delegations be advised of Council's decision. "CARRIED" Report #2 CLD-34-03 Body Rub Parlours Resolution #C-483-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report CLD-34-03 be received; THAT the Municipality of Clarington pass a by-law to provide for the licensing, regulating, governing and inspecting of Body Rub Parlours as attached to Report CLD-34-03 and marked Schedule A; and THAT a copy of Report CLD-34-03 be forwarded to the Durham Regional Police for their information. "CARRIED" . . . Council Minutes REPORTS Report #3 EGD-32-03 Opening By-law Unopened Portion of Boundary Road Report #4 Confidential Report PSD-102-03 - 64- September 15, 2003 Resolution #C-484-03 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT Report EGD-32-03 be received; THAT subject to any representations at the public meeting respecting the opening of the road allowance between Darlington Township and Clarke Township described as Part 23 of Plan 1 OR-1330, the road allowance will be dedicated as an open public highway at such time that the road has been improved in accordance with the provisions of the Amending Agreement between Ridge Pine Park Inc. and the Municipality of Clarington, respecting Phases 1 to 5 of the Wilmot Creek Development; THAT once the Amending Agreement has been executed between the Municipality of Clarington and Ridge Pine Park Inc., the conditions of the Amending Agreement have been met and the road has been improved in accordance with the provisions of the agreement, respecting Phases 1 to 4 of the Wilmot Creek Development the said road allowance will, further to a subsequent report, be dedicated by by-law as an open public highway; and THAT all interested parties listed in Report EGD-32-03 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-485-03 Moved by Councillor Schell, seconded by Councillor Ping Ie THAT the recommendations contained in Confidential Report PSD-102-03 be approved. "CARRIED" . . . Council Minutes September 15, 2003 - 65- UNFINISHED BUSINESS Addendum to Resolution #C-486-03 Report PSD-099-03 Moved by Councillor Schell, seconded by Councillor Rowe Highway 407 East Completion THAT the Addendum to Report PSD-099-03 be received; THAT Report PSD-099-03 be lifted from the table and amended as set out in Section 3 of Addendum to Report PSD-099-03; THAT Report PSD-099-03, as amended, be approved as the formal comments of the Municipality of Clarington on the "Draft Highway 407 East Completion Environmental Assessment Terms of Reference", dated April 2003; THAT a copy of Report PSD-099-03, the Addendum Report, and Council's resolution be forwarded to Totten Sims Hubicki, the Ministry of Transportation, the Clarington Highway 407 Community Advisory Committee, and the interested parties listed in Addendum to Report PSD-099-03. "CARRIED" Andrew Ward Jennifer McNutt Resolution #C-487-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the delegations of Andrew Ward and Jennifer McNutt be referred to the Director of Engineering Services to liaise with Oshawa Transit regarding the possibility of rerouting the Clarington Transit bus route until the construction of Scottsdale Drive is complete. "CARRIED" BY-LAWS Resolution #C-488-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-laws 2003-122 to 2003-137, inclusive, and that the said by-laws be now read a first and second time: . . . Council Minutes BY-LAWS - 66- September 15, 2003 2003-122 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Richard Bouma on Behalf of Hope Fellowship Christian Reformed Church) 2003-123 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1138337 Ontario Inc. (Kelvin Whalen)) 2003-124 being a by-law to initiate the study of the Orono Urban Area as a Community Improvement Area 2003-125 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Towchester Developments Limited and Halloway Holdings Limited) 2003-126 being a by-law to exempt a certain portion of Registered Plan 40M-2152 from Part Lot Control (Towchester Developments Limited and Halloway Holdings Limited) 2003-127 being a by-law to license, regulate and govern the type of adult entertainment establishments known as "body rub parlours" in the Municipality of Clarington 2003-128 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Barry- Bryan Associates (1991) Ltd., Whitby, Ontario, to enter into an agreement for the Architectural Services, for the Indoor Soccer Facility and Outdoor Lacrosse Bowl 2003-129 being a by-law to authorize a contact between the Corporation of the Municipality of Clarington and U.S. Bank National Association, to enter into agreement for the Purchasing Card Program 2003-130 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Dol Turf Restoration, of Innisfil, Ontario, to enter into agreement for the Soccer Field Construction of South Courtice Park . . . Council Minutes BY-LAWS - 67- September 15, 2003 2003-131 begin a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Trisan Construction, of Schomberg, Ontario, to enter into agreement for the Sidewalk Construction, Various Locations 2003-132 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Elirpa Construction and Materials Ltd., of Pickering, Ontario, to enter into agreement for the Bowmanville Creek Valley Recreational Trail 2003-133 being a by-law to authorize the execution of an Agreement between The University of Ontario Institute of Technology, Durham College, The Greater Toronto Area Transit Authority, The Regional Municipality of Durham, Ajax Pickering Transit Authority, The Corporation of the Municipality of Clarington, Oshawa Transit Commission, and The Corporation of the Town of Whitby 2003-134 being a by-law to authorize the execution of an Agreement between The Greater Toronto Area Transit Authority, The Greater Toronto Area Transit Authority, The Regional Municipality of Durham, Ajax Pickering Transit Authority, The Corporation of the Municipality of Clarington, Oshawa Transit Commission, and The Corporation of the Town of Whitby .2003-135 being a by-law to authorize the execution of an Agreement between the Corporation of the Municipality of Clarington and the Clarington Board of Trade to continue the economic development functions on behalf of the Municipality 2003-136 being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T -94008 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T-94008 (Keith Allin) . Council Minutes BY-LAWS . OTHER BUSINESS . - 68- September 15, 2003 2003-137 being a by-law to authorize an agreement between the C Corporation of the Municipality of Clarington and Her Majesty the Queen in right of Ontario as presented by the Minister of Natural Resources, for the purposes of the GeoSmart programme, $500,000 in funding to facilitate the development of Geographic Information Systems (GIS) "CARRIED" Resolution #C-489-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2003-122 to 2003-137, inclusive, be approved. "CARRIED" Councillor Trim advised Council that last week the Region of Durham approved the construction of the Courtice Sewer and Water Treatment Control Plant. Construction will begin in 2004. This is a very positive project for Clarington which will mean more industrial sites allowing local people to work in the Municipality. This project is the largest, most expensive project that Durham Region has taken on. Resolution #C-490-03 Moved by Councillor Robinson, seconded by Councillor Pingle WHEREAS the previously approved rental arrangements for 19 Boulton Street were not successful, now therefore be it resolved: 1. THAT staff be authorized to approach and negotiate with interested established businesses within the Municipality of Clarington for the potential leasing of 19 Boulton Street, Newcastle; 2. THAT, should there be no interest, the services of a real estate firm be secured to find a suitable tenant to lease the subject property; . . . Council Minutes OTHER BUSINESS BY-LAWS - 69- September 15, 2003 3. . THAT, should recommendations #1 and #2 not be successful, staff be authorized to publicly advertise the subject property for lease; and 4. THAT, when a suitable tenant is found and upon successful negotiations of an agreement, the proposed lease agreement be brought forward to Council for approval. "CARRIED" Resolution #C-491-03 Moved by Councillor Robinson, seconded by Councillor Trim THAT the recommendations contained in the Confidential Memorandum of the Director of Finance/Treasurer, dated September 15, 2003, related to an extension agreement be approved. "CARRIED" Mayor Mutton announced the grand opening of the South Courtice Area on September 20,2003, from 11 :00 a.m. to 4:00 p.m. He noted that this is the beginning component of the "recreation wave". Resolution #C-492-03 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT leave be granted to introduce By-law 2003-138, a by-law to authorize the making of an Extension Agreement between the Municipality of Clarington and Dr. Eleanore Vincent pursuant to the provisions of Section 378(1) of the Municipal Act, 2001, and that the said by-law be now read a first and second time. "CARRIED" . . . Council Minutes BY-LAWS - 70- September 15, 2003 Resolution #C-493-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2003-138, be approved. "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-494-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2003-139 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 15th day of September 2003, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-495-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the third and final reading of By-law 2003-139 be approved. "CARRIED" . . . Council Minutes ADJOURNMENT - 71 - September 15, 2003 Resolution #C-496-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the meeting adjourn at 8:45 p.m. "CARRIED"