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HomeMy WebLinkAbout09/29/2003 '- . . 4t . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON September 29, 2003 Minutes of a regular meeting of Council held on September 29,2003, 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 Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Solicitor, D. Hefferon (attended the meeting at 8:46 p.m.) Director of Operations, F. Horvath Director of Corporate Services, M. Marano Assistant Director of Community Services, B. Taylor Director of FinanceiTreasurer, N. Taylor Confidential Secretary to the Municipal Clerk, H. Keyzers Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Councillor Schell indicated that he would be disclosing a pecuniary interest with respect to Correspondence Item I - 10 and By-law 2003-148. , . . . Council Minutes MINUTES - 2 - September 29, 2003 Resolution #C-502-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on September 15, 2003, be approved. "CARRIED" EDUCATION DEVELOPMENT CHARGE HEARING Martin Gerkes, 4726 Rundle Road, Hampton, LOB 1JO, appeared before Council with respect to the application of the Education Development Charge to a proposed bunkhouse structure for the accommodation of seasonal migrant workers. Mr. Gerkes feels that the application of this fee is in error for the following reasons: 1. The municipality waived the development fees on the bunkhouse structure based on the nature and intended use of the structure as a seasonal agricultural structure; 2. The Regional development fees have been reviewed and will be refunded. This is based on the fact that the bunkhouse structure does not conform to the regional definition of a structure that is subject to development fees; 3. The bunkhouse structure is a seasonal use facility and is a shared use structure. One of these uses is to provide lodging for migrant farm labour during the harvest season; 4. The definition for the application of education development fees should be reviewed as it does not properly take into account the use or nature of special case structures. By definition, the school board applies development fees to structures that incorporate a kitchen and washroom facilities; and 5. Agricultural businesses have always been afforded special consideration by the Federal and Provincial governments in recognition of the nature of the enterprise and the extreme risks that this sector is subject to. This special consideration has also been extended by the municipality with regard to the development fee issue. , . . . Council Minutes - 3 - September 29, 2003 EDUCATION DEVELOPMENT CHARGE HEARING PRESENTATION Mr. Gerkes circulated a copy of the 2003 State of the Industry - Ontario Apples documentation to Council prior to the meeting for their information. Joe Hubbard, Kawartha Pine Ridge District School Board, 1994 Fisher Drive, Peterborough, L9J 6Z6, advised Council that the application does fall within the definition of the by-law and that Mr. Gerkes' application would be subject to the Education Development Charge. Representative of the Peterborough Victoria Northumberland and Clarington Catholic District School Board, 1355 Lansdowne Street West, Peterborough, K9J 7M3, was called but was not present. Resolution #C-503-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the agenda be altered to allow for the consideration of the Education Development Charge. "CARRED" Resolution #C-504-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the delegation of Mr. Gerkes regarding the Education Development Charge be referred to staff. "CARRIED" David Kelly, Chair, Accessibility Advisory Committee, appeared before Council to discuss the Accessibility Advisory Committee's Plan in accordance with the Ontarians with Disabilities Act. The Plan highlighted the following: Description of the Municipality of Clarington; Barrier-removal initiatives; Future initiatives; Monitoring of the Accessibility Plan; and Communication of the Plan. . . . Council Minutes PRESENTATON DELEGATIONS -4- September 29, 2003 He requested that the Plan be adopted as the Municipality's initial Accessibility Plan. Resolution #C-505-03 Moved by Councillor Trim, seconded by Councillor MacArthur THAT Andrea Maenza and Wayne Murray be added to the list of delegations. "CARRIED" Evylin Stroud, 89 Little Avenue, Bowmanville, L 1C 1J9, advised prior to the meeting that she would not be in attendance. Bob Turner, 68 Duke Street, Bowmanville, L 1 C 2V6, appeared before Council opposed to the recommendations contained in Report PSD-1 04-03. Mr. Turner is opposed to the development for the following reasons: . increase in traffic; . one way in and one way out of the subdivision; . destruction of the natural park-like setting; . flooding concerns; . Duke, Hunt and Nelson Streets are all very narrow streets; . hard to get out onto Liberty Street due to the traffic; . effect on his taxes; . Ontario Public Street School is already full to capacity; and . loss of a nature area. Mr. Turner noted that proposed development has been before Council for the past 10 - 12 years and has been denied each time. Mr. Turner provided a petition containing 250 signatures opposed to this development. Mark Pengelly, 35 Nelson Street, Bowmanville, L 1 C 1 E4, concurred with Mr. Turner's comments. He noted that he has been a resident for over 17 years and no one has asked him what he would like. Mr. Pengelly noted that Goodyear has been a very good neighbour and that the development could be detrimental to the future operation of the company. He also noted that the riverbank is eroding and that water moves rapid along this area. . Council Minutes DELEGATIONS . . - 5- September 29, 2003 He advised Council that every year Baseline Road is closed during the spring due to ice accumulation. He questions what would be the impact of the fish in the Bowmanville Creek? Rob Andrew, 66 Duke Street, Bowmanville, L 1 C 2V6, advised Council that he has just moved to the area and noted that an Information Session would be a very good idea to get everyone in the area together. He also concurs with the comments made by Mr. Turner. Mr. Andrew lives on the corner of Duke and Nelson Streets and does not wish to have a highway run past his house. He advised Council that this area also has a power issue problem and questioned whether the hydro lines will be updated. Nancy Armstrong, 68 Duke Street, L 1 C 2V6, concurred with the comments made earlier. Ms. Armstrong stated that she finds it very odd that the municipality is teaching residents to reduce, reuse and recycle when there is a living, breathing wildlife classroom that they wish to destroy. Building houses on this area would be detrimental to the wildlife. She noted that Ontario Street Public School portables are already full and she doesn't know where the new children would attend school. Ms. Armstrong advised that the roads around this area are very old and when Liberty Street backs up the overflow of traffic goes right past her property. Phil Carlton, 77 Ontario Street, Bowmanville, L 1 C 2S6, appeared before Council requesting that Report CLD-037-03 be rescinded or revised. On the date of the incident, Mr. Carlton states that he was not home and noted that some friends came over to the house and let his dogs out. The Police advised him that the neighbours heard the dog barking and saw the dog running towards the girl who was already on the ground. He advised that several points contained in Report CLD-037-03 are misleading. Mr. Carlton advised that he has had the dog less than 2 years and in the report it states that he has owned the dog for 3 years. He questioned why his friends' statements were not included in the report. On July 17, 2003, Mr. Carlton states that he contacted the Animal Services Department at which time he was of the impression that the dog would always have to be muzzled. When he was provided with a copy of the paperwork he noted that the punishment was not as bad as he first believed. He noted that he has no problem keeping the dogs restrained and that his dogs are around children and friends all the time. He advised that when he is away his dogs are kennelled and that there has never been a problem. He noted that he has an issue of keeping his dogs penned and muzzled all the time. Mr. Carlton advised Council that this will never happen again. . . . Council Minutes DELEGATIONS - 6- September 29, 2003 Lance Thornton, 54 Parkway Crescent, Bowmanville, L 1 C 1 C1 - Report CLD-037-03, was called but was not present. Resolution #C-506-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the delegations of Henrikus Vink and Richard Hajjar be referred to be heard, during a "closed" session of Council, following Mr. Murray. "CARRIED" Andrea Maenza, Durham Children's Aid Society, 555 Rossland Road West, Oshawa, L 1J 3H3, appeared before Council requesting that October be proclaimed as Child Abuse & Neglect Prevention Month. She is asking Council for their help with planned events, awareness campaigns, and the adoption of the purple ribbon. Ms. Maenza also noted that they are in need of volunteers, foster families and financial support. She is also requesting that Council declare the week of October 20 - 26, 2003, as Foster Family Week. Wayne Murray, 22 Chance Court, Bowmanville, L 1 C 4S4, appeared before Council to voice his concerns on the finalization of the proposed application for Concession Street and Mearns Avenue. Mr. Murray's major concerns are still a fact. He will be able to look out his front door and see a garbage building. The smell of this building will affect his family and the use of their backyard. He noted that he has provided the Planning Department with alternative suggestions but there are always reasons not to relocate the garbage building. He questioned Council how they would feel if this was their front door. Mr. Murray circulated pictures of a garbage building in the Durham Region area to Members of Council. . . . Council Minutes DELEGATIONS COMMUNICATIONS 1-1 S07.GE 1- 2 C06.LO 1-3 C06.GO - 7 - September 29, 2003 Resolution #C-507-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Council recess for five minutes and reconvene in a "closed" session to hear the delegations of Henrikus Vink regarding Confidential Report CLD-033-03 and Richard Hajjar regarding Confidential Report CLD-038-03. "CARRIED" The meeting continued in "open" session at 8:18 p.m. Resolution #C-508-03 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information, be approved with the exception of Items I - 9 and I - 10. "CARRIED" Mark Holland, Regional and City Councillor, Ward 2, City of Pickering, advising Council that fully supports Fernie House in planning to establish a rural location for youths in Clarington. Fernie House operates a group home for youth in his ward, it has turned out to be a tremendous success. The organization is run well, well controlled and provides a powerful benefit to the community. (Received for Information) Minutes of the Local Architectural Conservation Advisory Committee meeting dated June 17, 2003. (Received for Information) Minutes of the GO Transit meeting dated August 8, 2003. (Received for Information) . . . Council Minutes COMMUNICATIONS 1- 4 A01.0M 1- 5 A01.AM 1- 6 A01.FE 1-7 C06.CL 1-8 C06.CL 1-11 R06.GE 1-12 C10.MO - 8- September 29, 2003 David Johnson, Chair, Ontario Municipal Board, providing Council with a copy of a "Code of Conduct for Ontario Municipal Board Mediators." This Code has been adopted by the Board and clarifies the process of mediation at the Board and the role of Members as mediators. (Received for Information) Ken Boshcoff, President, Association of Municipalities of Ontario, advising Council that they have the majority of the presentation material of the over 40 speakers who participated in the 2003 AMO Conference loaded on their website at www.municom.com. (Received for Information) Federation of Canadian Municipalities, urging Council to participate directly in an online dialogue about Industry Canada's antenna towers approval policy. Municipal leaders, individuals, community groups and other stakeholders are invited to participate on an "e-Town Hall Website" to be launched on Wednesday, September 3, 2003. (Received for Information) Minutes of Clarington Accessibility Advisory Committee meeting dated June 24, 2003. (Received for Information) Minutes of Clarington Accessibility Advisory Committee meeting dated August 7, 2003. (Received for Information) Ron Hooper, Chairperson, BIA, providing Council with a copy of a letter from Mr. and Mrs. Down, thanking the BIA for arranging entertainment for Thursday nights all summer so that they can sit under the stars and enjoy. Mr. Hooper added a thank you to the municipality, Fred Horvath and staff for their constant care and monitoring of the grounds. (Received for Information) P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable Claudette Bradshaw advising Council that the Health and Social Services Committee of the Region of Durham on September 10, 2003, passed the following resolution: . Council Minutes - 9 - September 29, 2003 COMMUNICATIONS "THAT the Federal Ministry of Labour and Coordinator on Homelessness, Minister of Human Resources Development and local MP's be advised of the Region of Durham's concern that the funding allocation for Durham Region under the federal government's Supporting Community Partnerships Initiative is based solely on the population, vacancy and poverty rates of the Oshawa Census Metropolitan area and therefore excludes Ajax, Pickering, Uxbridge, Brock and Scugog." (Received for Information) 1- 13 C07.GE Regional Municipality of Durham, providing Council with a public notice entitled Temporary Signs and Banners on Regional Roads to be in Compliance with the Region's Sign By-law. The Region is requesting Council's help with the correct placement of election signs to help ensure that safe sight lines are maintained for pedestrians and the motoring public. Signs in contravention of the by-law may be removed without notice and the owner will be responsible for all expenses incurred in the removal (minimum of $50.00). Signs not redeemed within 15 days of removal may be destroyed. All signs are to be removed within 48 hours after the election. . (Received for Information) 1-14 A01.AM Association of Municipalities of Ontario (AMO), writing to Council regarding the 2003 Provincial Election: Policy Priorities for Ontario's Municipalities. The following are matters that AMO and its membership see as priorities for the provincial government: . 1. Ontario must ensure municipalities have adequate revenue; 2. measure the current viability of Ontario's municipalities; 3. property taxes; 4. cutting property taxes; 5. gasoline taxes; 6. investing in Ontario's infrastructure; 7. managing the costs of maintaining roads and bridges; 8. hotel taxes; 9. municipal planning; 10. environmental protection; and 11. social services and housing costs. (Received for Information) 1- 15 C06.PO Minutes of the Port Granby Project Community Advisory Committee meeting dated June 26, 2003. (Received for Information) . . . Council Minutes COMMUNICATIONS 1-16 C06.PO 1- 17 C06.PO 1- 18 C06.PO 1-9 A01.CE 1-10 C06.ST - 10- September 29,2003 Minutes of the Port Granby Project Community Advisory Committee meeting dated July 3, 2003. (Received for Information) Minutes of the Port Granby Project Community Advisory Committee meeting dated August 5, 2003. (Received for Information) Minutes of the Port Granby Project Community Advisory Committee meeting dated September 4, 2003. (Received for Information) J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, advising Council that nominations for the 2003 Central Lake Ontario Conservation Watershed Award are due by Friday, October 10, 2003, at 4:30 p.m. The Watershed Awards were developed by the Conservation Authority to give recognition and show their appreciation for environmental contributions made by the community towards the stewardship and enhancement of the watershed within their jurisdiction. Resolution #C-509-03 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Brian Seaton be nominated for the 2003 Central Lake Ontario Conservation Watershed Award. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Correspondence Item I - 10 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 Community Relations Committee meeting dated June 17, 2003. Resolution #C-51 0-03 Moved by Councillor Trim, seconded by Councillor Rowe THAT Correspondence Item I - lObe received for information. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 1 M02.GE D-2 M02.GE D-3 M02.GE D-4 P01.GE - 11 - September 29,2003 Correspondence Item D - 15 was distributed as a handout. Resolution #C-511-03 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 8, D - 9, D - 13 and D - 14. "CARRIED" Louise Button, Clarington/Newcastle Block Parent Inc., requesting Council to proclaim the week of October 19 - 25, 2003, as Block Parent Week. In recognition of this week they are also requesting that the Block Parent flag fly at the municipal office on Temperance Street and that Community Services advertise Block Parent Week on the two service boards at the Garnet Rickard Complex and near the Bank of Montreal. (Proclaimed and approved request to fly the Block Parent Week flag at the Municipal Administrative Centre along with advertising on the two service boards) Paul Gill, National Project Coordinator, Waste Reduction Week in Canada, requesting Council to proclaim October 20 - 26, 2003, as Waste Reduction Week in Canada. (Proclaimed) Tricia Dallaway, Durham Region Health Department, Injury Prevention Program, requesting Council to proclaim the week of November 16 - 22, 2003, as Drug Awareness Week. (Proclaimed) Dr. Harold Anfossi of behalf of the Port Darlington Marina Condominium owners, advising Council that they are concerned with the frequent, loud and repeated train whistle noise at the level crossing on Port Darlington Road. Many other cities and towns ie. Oshawa, Cobourg and Belleville have train whistle restrictions and they are requesting Council to seek the same status for Bowmanville. (Advise Dr. Anfossi of Council's decision of June 18, 2001 and to forward him a copy of Report WD-33-01) . . . Council Minutes COMMUNICATIONS D-S M02.GE D-6 M02.GE D-7 M02.GE D - 10 - 12- September 29, 2003 Betty Irving and Valerie McCormick, Co-Chairpersons, Bowmanville Santa Claus Parade, requesting permission to hold the 42nd Annual Community of Bowmanville Santa Claus Parade on Saturday, November 1S, 2003, beginning at 10:30 a.m. The parade route will start on Church Street by the Old Fire Hall and end at Memorial Park on Liberty Street. (Approved provided the organizers apply for and obtain a road occupancy permit) Sally Barrie, Administrator, Durham Region Community Care, requesting Council to proclaim the month of October as Community Support Month. Throughout the month they will celebrate Meals on Wheels, Community Care worker and Adult Day Program weeks. (Proclaimed) The Spiritual Assembly of the Baha'is of Clarington, requesting Council to proclaim the week of November 6 - 13, 2003 as Unity in Diversity Week. They are also requesting the hanging of the Unity in Diversity Week banner. (Proclaimed and approved the hanging of the Unity in Diversity Banner) Residents of Lakeshore Road, Newcastle, advising Council of their concerns regarding the proposed development of Part Lot 11, Broken Front Concession, Plan 10R-3108, 4381 Lakeshore Road. The concerns are as follows: 1. the temporary structure, being the portable school classroom that has been moved on to the subject property; 2. the proposed location on the part of the owners of a permanent residence; 3. the proposed use on the part of the owners of the residence and their surrounding property. (Correspondence referred to the Director of Planning Services) . . . Council Minutes COMMUNICATIONS D - 11 D - 12 C10.MO - 13- September 29, 2003 Richard Walker and Pamela Kempthorne, providing Council with a response to the concerns raised by the residents of Lakeshore Road, Newcastle regarding the proposed development of Part Lot 11, Broken Front Concession, Plan 1 OR-31 08, 4381 Lakeshore Road. (Correspondence referred to the Director of Planning Services) P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on September 10, 2003, passed the following resolution: "a) THAT the Council of the area municipalities be requested to hold their First Meetings following the municipal elections in November on or before December 2, 2003; b) THAT, subject to the area municipalities agreeing to hold their First Meeting on or before December 2, 2003, the Regional Solicitor be directed to prepare a by-law to provide for the First Meeting of Regional Council to be held on Wednesday, December 3, 2003, at 10:00 a.m. in the Council Chambers, Regional Headquarters Building, Whitby; c) THAT the newly elected Standing Committee meet on December 9, 10 and 11, 2003, and that a Regional Council meeting be held on Wednesday, December 17, 2003, as outlined on the schedule attached to Report #2003-A-45 of the Regional Clerk; d) THAT the meeting schedule, as attached to Report #2003-A-45 of the Regional Clerk, for the next three year term of Regional Council be received; and e) THAT a copy of Report #2003-A-45 of the Regional Clerk be forwarded to the area municipalities." (Approved holding Clarington's first Meeting of Council on December 1, 2003) . . . , Council Minutes - 14- September 29, 2003 COMMUNICATIONS D -15 D-8 P01.GE M04.GE D-9 M04.GE James Dunbray, Executive Director, Durham Children's Aid Society, requesting Council to proclaim the month of October as Child Abuse Neglect & Prevention Month and the week of October 20 - 26, 2003, as Foster Family Week. (Proclaimed) Larry Finlayson, providing Council with a petition containing 17 names of residents on Rosalynne Avenue, concerning a noise barrier fence on Highway 57. There should be a noise barrier fence erected on Regional Road 57 to help alleviate the ever increasing traffic. Resolution #C-512-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 8 be referred to the Engineering Department for preparation of a report in conjunction with the Regional Municipality of Durham's Report. "CARRIED" Carolyn Sproatt, advising Council that new brick work will not attract people to the downtown core. She suggests planting more trees on the main roads especially where old ones have been cut down and non-deciduous where possible. The successful small towns anywhere have a particular attraction in the retail area that brings visitors, not bricks. Resolution #C-513-03 Moved by Councillor MacArthur, seconded by Councillor Ping Ie THAT Correspondence Item D - 9 be referred to the Director of Planning Services and to the Director of Engineering Services. "CARRIED" . . . Council Minutes COMMUNICATIONS D - 13 C10.MO - 15 - September 29, 2003 Bruce Taylor, City Clerk, City of Pickering, writing to The Right Honourable Ernie Eves, Premier of Ontario, advising that the City of Pickering on September 15, 2003, passed the following resolution: "WHEREAS on September 4, 2003, Ontario Power Generation entered into an agreement to sell its Inspection Services Division to a consortium led by Babcock and Wilcox Canada; and WHEREAS this agreement will lead to the inspection of maintenance services at the Pickering Nuclear Generating Station, as well as other OPG generating facilities, being carried out by a private company; and WHEREAS Babcock and Wilcox Canada is also a supplier of steam generators to OPG thus creating a conflict of interest; and WHEREAS in the Report of the President's Commission on the Accident at Three Mile Island its was noted that inadequate training provided by Babcock Wilcox contributed to the Three Mile Island nuclear disaster in 1979; and WHEREAS the said agreement is scheduled to close before the end of 2003 after the Provincial election; and WHEREAS the contracting out of testing and inspection services led to the Walkerton tainted water tragedy; and WHEREAS the residents of the City of Pickering and the residents of other municipalities that have nuclear generating stations located in or near their municipality need every assurance that the stations are being operated and maintained safely; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby requests the Province of Ontario and Ontario Power Generation to rescind their agreement with Babcock Wilcox Canada to carry out inspection services at nuclear generating stations in Ontario; and . . . Council Minutes COMMUNICATIONS D -14 C10.MO - 16- September 29, 2003 FURTHER THAT this motion be further circulated to: Ernie Eves, Premier of Ontario John Baird, Minister of Energy Janet Ecker, M.P., Pickering-Ajax-Uxbridge Ron Osborne, President and CEO, Ontario Power Generation Linda Keen, President and Chief Executive Officer, Canadian Nuclear Safety Commission Larry Kraemer, Chair, Canadian Association of Nuclear Host Communities Town of Ajax Town of Whitby City of Oshawa Municipality of Clarington City of Toronto Municipality of Kincardine." Resolution #C-514-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 13 be received for information. "CARRIED" Sandra Krane, City Clerk, City of Oshawa, advising Council that the City of Oshawa on September 8, 2003, passed the following resolution: "1. THAT the City of Oshawa outline the city's concerns regarding the present emergency medical tiered response system to the Minister of Health, Area MPP's, leaders of the opposition parties and candidates of record in Oshawa; 2. THAT the City of Oshawa forward Report OS-03-297 to other Durham Region municipalities and request their support by also outlining their own concerns with the present emergency medical tiered response system to the Ministry of Health and Area MPP's; . . . Council Minutes COMMUNICATIONS - 17- September 29,2003 3. THAT the City of Oshawa request the support of other Durham Region municipalities to have Durham Region in its development plans for new emergency medical service facilities ensure comprehensive location analyses are completed which include local fire station locations as possible locations for ambulance facilities; 4. THAT the City of Oshawa request the support of other Durham Region municipalities including Durham Region and Durham Region Police Service to establish a local emergency stakeholder committee with a mandate to review the present local tiered response system and implement improvements wherever possible and make recommendations to local Council's when necessary; 5. THAT the City of Oshawa, given the support of other Durham Region municipalities, establish a local emergency stakeholders committee and request through the Minister of Health that a provincial representative participate in discussions to improve the tiered response system throughout Durham Region; and 6. THAT the City of Oshawa request the support of other Durham Region municipalities in a resolution to the Association of Municipalities of Ontario (AMO) requesting AMO complete a comprehensive province- wide analysis of emergency medical response systems and that AMO complete a policy position supporting a more efficient and effective system for presentation to the Minister of Health." Resolution #C-515-03 Moved by Councillor Trim, seconded by Councillor Robinson THAT Correspondence Item D - 14 be referred to the Director of Emergency Services/Fire Chief. "CARRIED" . . . Council Minutes NOTICE OF MOTION REPORTS Report #1 G.P.A. Report Sept. 22, 2003 - 18- September 29, 2003 Resolution #C-516-03 Moved by Councillor Rowe, seconded by Councillor Schell WHEREAS there are fears and concerns for public health and the safety of drinking water especially with the wells and groundwater near the Oshawa Skeet an Gun Club berms and the areas of Clarington where paper sludge and/or "SoundSorb" has been dumped or stored; AND WHEREAS the public has the right to timely testing and reports from the Ministry of the Environment when drinking water safety is at risk; THEREFORE BE IT RESOLVED THAT Clarington Council calls for a moratorium on the dumping of paper sludge, "Soundsorb" and "Nutrisorb" or any other such similar product in the Durham Region; and BE IT RESOLVED THAT Clarington Council demands in the strongest terms a Public Inquiry into the actions of the Ministry of Environment specifically the York/Durham Ministry of Environment Offices and their lack of response and failure to disclose, to this longstanding water safety issue; and THAT this resolution be circulated to the Premier of Ontario, the Minister of the Environment, Durham Region's MPP's, Region of Durham, all municipalities within the Region of Durham and Protect the Ridges. "CARRIED" Resolution #C-517-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of September 22, 2003, be approved with the exception of Item #8. "CARRIED" . . . Council Minutes REPORTS Report PSD-108-03 Report #2 Special G.P.A. Report Sept. 22, 2003 Report #3 CLD-37-03 Order to Restrain - 19- September 29,2003 Resolution #C-518-03 Moved by Councillor Schell, seconded by Councillor Trim THAT Report PSD-1 08-03 be received; THAT the rezoning application to amend Comprehensive Zoning By-law 84-63 of the former Town of Newcastle, submitted by Anoop Saraf on behalf of 1529593 Ontario Limited, be approved; THAT the amending By-law attached to Report PSD-108-03, contained as Attachment No.4 to Report PSD-108-03, hereto be forwarded to Council for approval; THAT a copy of Report PSD-108-93 and the amending By-law attached to Report PSD-108-03 be forwarded to the Durham Region Planning Department; and THAT all interested parties listed in Report PSD-1 08-03 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-519-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT the Special General Purpose and Administration Committee Report of September 22, 2003, be approved. "CARRIED" Resolution #C-520-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT Report CLD-37-03 be received; and THAT the order to restrain served on Philip Carlton be upheld. "CARRIED" . . . Council Minutes REPORTS Report #4 COD-41-03 Co-operative Tender D2003-014 - 20- September 29, 2003 Resolution #C-S21-03 Moved by Councillor Trim, seconded by Councillor Schell THAT Report COD-41-03 be received; THAT a purchase order in the amount of $1 ,470,749.0S (less G.S.T. Rebate) be issued to the Regional Municipality of Durham for the Clarington portion of Co-operative Tender D2003-014 Hot Mix Paving and Granular Shouldering; THAT the required funds be drawn from the 2003 and 2002 Capital Budget Accounts as identified in the body of Report COD-41-03; and THAT the additional funds in the amount of $29,186.S4 be drawn from the General Capital Reserve Account #2900-00017-000. "CARRIED" Report #7 Resolution #C-S22-03 Confidential Report ADM-06-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the recommendations contained in Confidential Report ADM-06-03 be approved. "CARRIED" UNFINISHED BUSINESS Resolution #C-S23-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT the presentation of David Kelly, Chair, Accessibility Advisory Committee be received; THAT the Accessibility Plan be adopted as presented; and THAT the Accessibility Advisory Committee be thanked for their efforts to date. "CARRIED" . . . Council Minutes BY-LAWS - 21 - September 29, 2003 Resolution #C-524-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-laws 2003-141 to 2003-147, inclusive and By-laws 2003-149 to 2003-150, inclusive, and that the said by-laws be now read a first and second time: 2003-141 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (The Kaitlin Group Limited) 2003-142 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (1529593 Ontario Limited) 2003-143 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Claret Investments Limited & 1351730 Ontario Ltd.) 2003-144 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Heights Limited) 2003-145 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Prestonvale Heights Limited) 2003-146 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (James and Maria Berard) 2003-147 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Paul Kernohan on behalf of Vermont Village Homes/Baywood Homes) 2003-149 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Kendal Community Association, to enter into agreement for the use of space in the Kendal Community Centre . . . Council Minutes BY-LAWS OTHER BUSINESS Regional Update - 22- September 29, 2003 2003-150 being a by-law respecting the appointment of a Chief Building Official, Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors "CARRIED" Councillor Schell stated a pecuniary interest with respect to By-law 2003-148 and refrained from discussion and voting on the subject matter. Councillor Schell is employed by St. Marys Cement. Resolution #C-525-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2003-148, being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and St. Marys Cement Company, Ontario, to enter into agreement for the monitoring of blasting and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-526-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-laws 2003-141 to 2003-150, inclusive, be approved. "CARRIED" Mayor Mutton advised Council that the revised Transit Report will be going before Regional Council this Wednesday, October 1, 2003. Councillor Trim advised Council that this Thursday, October 2, 2003, he will be attending the Hillsdale Manor Sod Turning event. This event will begin the building of a 200 bed facility. Last Friday, September 26, 2003, he attended the Durham Region Juno Beach Challenge. This event had a very interesting program beginning with the Canadian Forces Sky hawk team, the unveiling of the Regional and Municipal bricks and a fly pass by a local resident, Hannu Halminen. . . . Council Minutes OTHER BUSINESS Boards and Committees - 23- September 29, 2003 Councillor Rowe reminded Council of the Central Lake Ontario Conservation Authority Groundwater Festival held at Camp Sumac on September 30, 2003, at 11 :30 a.m. She noted that she recently attended the Friends of Second Marsh's 10th Anniversary where she was presented with the Award of Merit for her work with the Committee. She noted that the Accessibility Advisory Committee is a great group to work with and she thanked the Clerk's Department for all their work. Councillor MacArthur reported to Council that the Library Board circulation numbers continue to climb. He commended the Fire Chief and staff on their Family Fun Day show last Saturday, September 27,2003. Councillor Schell advised Council that tonight's Council meeting is Jennifer Stone's last meeting for a year as she will be on maternity leave. He thanked Jennifer for her fair reporting of the Council Meetings. Councillor Trim advised that this Wednesday, October 1, 2003, will be the official opening of the Bethesa House Centre. The ceremony will take place at the Bowmanville Senior Public School. On Saturday, October 4, 2003, the Newcastle Lions will be holding their annual Dog Walk and Fall Festival in the Village of Newcastle. 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-527-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2003-151 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 29th day of September 2003, and that the said by-law be now read a first and second time. "CARRIED" . . . . Council Minutes CONFIRMING BY-LAW Resolution #C-528-03 September 29, 2003 - 24- Moved by Councillor MacAthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2003-151 be approved. "CARRIED" ADJOURNMENT Resolution #C-529-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 8:57 p.m. "CARRIED"