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HomeMy WebLinkAbout10/20/2003 ~ . ,~, c,~ . . . Council Minutes PRAYER ROLL CALL Present Were: Also Present: MUNICIPALITY OF CLARINGTON October 20,2003 Minutes of a regular meeting of Council held on October 20,2003, 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 Emergency Services/Fire Chief, M. Creighton Director of Planning Services, D. Crome Deputy Treasurer, L. Gordon Solicitor, D. Hefferon Director of Operations, F. Horvath Director of Corporate Services, M. Marano 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 Item 1- 15. Resolution #C-530-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a special meeting of Council held on September 26, 2003, be approved. "CARRIED" ,.''C. f . . . Council Minutes MINUTES PUBLIC MEETING - 2- October 20, 2003 Resolution #C-S31-03 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the minutes of a regular meeting of Council held on September 29, 2003, be approved. "CARRIED" Mayor Mutton advised Council that he has requested the Chief Administrative Officer to coordinate a Board of Trade Job Fair to help the employees of Goodyear to lessen the impact of the downsizing of their plant. Mayor Mutton advised Council of an article he read in the Toronto Star stating that the Iter Project is dead. He noted that the project is not dead and that a decision must be made before the November Sth meeting in China. Mayor Mutton noted that this will be Councillor Rowe's last meeting. He thanked her for the past six years of dedicated service and noted that staff and her fellow Council Members will miss her. A public meeting is being held for the purpose of passing a by-law to stop up and close a portion of the unopened road allowance Part 2 of Plan 40R-22273. No one spoke in opposition to or in support of this road closure. Resolution #C-532-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Frank Feldman, Joel Sloggett and Bill Hasiuk be added to the agenda to be heard as delegations. "CARRIED" .'",- f' . . . Council Minutes PRESENTATIONS DELEGATIONS - 3 - October 20, 2003 Representatives of the Ontario Power Generation and St. Marys Cement presented Mayor Mutton with sponsorship cheques for the Clarington Sports Hall of Fame. Mayor Mutton presented Don Terry, Ontario Power Generation with a clock congratulating OPG on 25 years of service within the Municipality. Jim Connell, President, Royal Canadian Legion, presented Mayor Mutton with the Book of Service. The Mayor advised Council that the Municipality of Clarington wanted to provide a specific form of recognition for the individuals who served their country. The most effective way to do this was to prepare a Book of Service listing the individual's name and service. On behalf of Council and the citizens of Clarington, we appreciate their courage, their pride and their commitment to their country. Evylin Stroud, 89 Little Avenue, Bowmanville, L 1C 1J9, appeared before Council to discuss Report PSD-115-03, the King Street East Corridor Study. Ms. Stroud discussed the air quality of drive- through restaurants, as they generate lots of idling cars, which contribute to air pollution. This area is surrounded by residences as well as a hospital, elementary school and a home for senior citizens. The report mentions making the area more pedestrian friendly. There seems to be little point in making the area pedestrian friendly if you are also allowing the air that those pedestrians will breathe to be poisoned with car exhaust. The Accessibility Advisory Committee, which Ms. Stroud is a member of, reported earlier to Council that this area of town was very difficult for disabled people with vision or mobility problems. She is requesting that the Planning Department or the consultants meet with the Accessibility Advisory Committee to assist in making the area much more accessible to everyone. Ms. Stroud also noted that placing the parking to the back of the stores can create a safety hazard. If parking needs to be behind the stores, there must be a easy way to get to and from the stores, it must be well lit and the actual parking must be kept as far away as possible from garbage storage and landscaping that could hide people lurking in the shadows at night. She is requesting that Council direct the Planning Department to keep public safety in mind whenever any of the existing parking areas are being reconfigured or new parking areas are being designed. .' , . Council Minutes -4- October 20, 2003 DELEGATIONS Phyllis Baker, Chair, Clarington Public Library Board of Trustees, 163 Church Street, Bowmanville, L 1 C 1 T7, provided Council with a power point presentation pertaining to Ontario Public Library Week. Her presentation highlighted the following: . stories from the library; . the library system; . the library and its users; . current programs; . current collection; . reference services; . access databases; . online catalogue; . CPL partnerships; . fuel for life; . the branches; . main branch - Bowmanville; . main branch - by the numbers; . . system wide statistics; and . into the future. Janie Dodds, 3917 Concession Road 8, Orono, LOB 1 MO, advised prior to the meeting that she would not be in attendance. Kevin Anyan, 36 King Street East, Bowmanville, L 1 C 1 N2, addressed Council seeking approval of the Rotary Club's concept of building a garden at the Visual Arts Centre. Mr. Anyan provided a power point presentation highlighting the following: . who is Rotary; . Rotary world wide guards; . the proposed location - Visual Arts Centre; . what they want to achieve; . things people can do in the garden; . Phase One - creation of site identify signage; . long term goal; and . answers to some frequently asked questions. . Bob Stephenson, 170 Given Road, Newcastle, L 1 B 1 G9, was called but was not present. i . . . , Council Minutes DELEGATIONS - 5 - October 20, 2003 Martin Gerkes, 4726 Rundle Road, Hampton, LOB 1JO, appeared before Council regarding Report PSD-137 -03. He noted that the Region will be refunding him for the fees that he was charged pertaining to the Education Development Charge Fees. Grant Dagnall, 82 Elgin Street, Bowmanville, L 1C 3E4, was called but was not present. Ronald Williams, 27 Rhonda Boulevard, Bowmanville, L 1 C 3W3, was called but did not wish to speak. Resolution #C-533-03 Moved by Councillor Schell, seconded by Councillor Trim THAT the delegation of Alan Aitken be referred to be heard following Bill Hasuik. "CARRIED" Frank Feldman, Kiradaar (Ontario) Inc./1151677 Ontario Inc., 3100 Steeles Avenue West, Suite 500, Vaughan, L4K 4Y4, was called but was not present. Joel Sloggett, Peterborough Victoria Northumberland and Clarington Catholic District School Board, 1355 Lansdowne Street West, Peterborough, K9J 7M3, appeared before Council regarding Report PSD-127-03. Mr. Sloggett noted that members of the St. Elizabeth School Council were also present with him this evening. Mr. Sloggett reiterated the School Board's support of the recommendations contained within Report PSD-127 -03 and noted that they are looking forward to working with the Municipality. Bill Hasiuk, P.O. Box 10, Enniskillen, LOB 1JO, requested Council's permission to receive a Road Occupancy Permit for the Farmers' Christmas Parade of Lights. This will be their 5th annual parade held by the farmers and he noted that the parade has been growing over the years. Mr. Hasiuk advised Council that all the farmers carry liability insurance. This year's parade is planned for Wednesday, December 3, 2003. . . . , Council Minutes DELEGATIONS COMMUNICATIONS 1- 2 M02.GE 1-4 C06.NE -6- October 20, 2003 Mr. Hasiuk also requested if the insurance needed for the Road Occupancy Permit could be covered by the municipality for this event. Resolution #C-534-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the meeting be "closed" to hear the delegation of Alan Aitken and to consider Confidential Report CLD-039-03 regarding a personnel issue followed by a 10 minute recess. "CARRIED" The meeting reconvened at 8:10 p.m. Resolution #C-535-03 Moved by Councillor Trim, seconded by Councillor Pingle THAT the communications to be received for information, be approved with the exception of Items I - 1, I - 3 and 1- 15. "CARRIED" Organizing Committee, Village Concerts, thanking Council for supporting this first annual series of Village Concerts. They often had crowds of 150 or more enjoying the music in the park, and many regulars were out every week. They received nothing but positive comments about the concert series, and there was a unanimously positive response from the audience when they were asked if they should continue the series next year. (Received for Information) Minutes of the Newcastle Village Business Improvement Association dated September 11, 2003. (Received for Information) . . . . Council Minutes COMMUNICATIONS 1- 5 C10.MO 1-6 C06.GA 1-7 C06.CL 1- 8 L11.GE 1- 9 L11.GE - 7- October 20, 2003 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham, advising Council that the Region of Durham on September 16, 2003, passed the following resolution regarding the Province's Regulation issued under the Nutrient Management Act, 2002: "a) THAT Commissoner's Report No. 2003-P-87 be received for information; and b) THAT a copy of Commissioner's Report No. 2003-P- 87 be forwarded to the Area Municipalities in Durham, the Durham Agricultural Advisory Committee, the Durham Environmental Advisory Committee and the Durham Region Federation of Agriculture." (Received for Information) Minutes of the Ganaraska Region Conservation Authority meeting dated September 18, 2003. (Received for Information) Minutes of the Clarington Public Library meeting dated June 25, 2003. (Received for Information) John O'Toole, MPP, Durham, providing Council with a copy of a letter from the Honourable Elizabeth Witmer concerning the Municipality of Clarington's resolution to amend the Education Act and require that a trustee reside in the geographic area he or she represents. Ms. Witmer remains confident that dedicated school board trustees will work together to represent the interests of all students within the board's jurisdiction, and not simply the students within the geographic area the trustee represents. This has certainly been the case in boards that elect their trustees at large. (Received for Information) John O'Toole, MPP, Durham, providing Council with a copy of a letter from the Honourable Janet Ecker, Minister of Finance, in response to Clarington Council's endorsement of the Essex County resolution on Ontario Municipal Economic Infrastructure Financing Authority (OMEIFA). OMEIFA is now open for business and ready to begin making low-interest loans that support local municipal infrastructure projects. Unfortunately the federal government has declined to participate in this important initiative. Instead, the 2003 federal budget allocated only $100 million next year for infrastructure across all of Canada. (Received for Information) . . . r Council Minutes COMMUNICATIONS 1-10 C06.HW I - 11 C06.DU 1-12 A01.FE 1- 13 A01.FE 1-14 L11.GE 1-16 C06.CE - 8 - October 20,2003 Minutes of the Clarington Highway 407 Community Advisory Committee meeting dated September 2, 2003. (Received for Information) Minutes of the Durham Nuclear Health Committee meeting dated September 12, 2003. (Received for Information) Federation of Canadian Municipalities (FCM) advising Council that the Supreme Court dismissed the applications of FCM and five municipal governments for leave to appeal the Canadian Radio- television and Telecommunications (CRTC) Decision 2001-23. That Decision addressed a rights-of-way access dispute between the City of Vancouver and Ledcor Industries Ltd. In its Decision, the CRTC ruled that it could unilaterally determine the term under which Ledcor could obtain access to a number of Vancouver streets, and the Federal Court of Appeal upheld the Decision. In accordance with the usual practice of the Supreme Court, no reasons were given for its refusal to hear the FCM and municipal appeals. (Received for Information) Federation of Canadian Municipalities (FCM), advising Council that FCM, the Canadian Urban Transit Association and Moving the Economy have released jointly a study entitled Transit Means Business: The Economic Case for Public Transit in Canada. The study is the first attempt in Canada to examine the contribution urban transit makes to the national economy. These benefits include economic activity and spending in the transit industry itself, labour mobility, health, safety and environmental improvements, property value effects, and congestion savings. (Received for Information) John O'Toole, MPP, Durham, thanking Council for providing him with a copy of the resolution of September 15, 2003, regarding The Road Ahead - A Fair Deal for Municipalities and the City of Vaughan's resolution on referendums. Mr. O'Toole wishes to continue to listen and to work with municipal and regional partners. His position is that you must grow the economy and the revenue to keep up with the demands. (Received for Information) Minutes of the Central Lake Ontario Conservation Authority meeting dated September 16, 2003. (Received for Information) . . . r Council Minutes COMMUNICATIONS 1-17 1- 18 P01.GE 1- 19 C06.DA 1- 20 1-21 P17.GE 1- 22 1- 23 D21.GE -9- October 20, 2003 Matthew Hildebrand, World Organization to Investigate the Persecution of Falun Gong (WOIPEG), advising Council that WOIPEG has received reports that Chinese officials have been distributing hate-inciting materials against Falun Gong in Canada, especially to government officials. (Received for Information) Don Reid, Registered Reflexology Council of Ontario, praising Council for addressing their concerns in the Clarington's Body Rub By-law. (Received for Information) Minutes of the Site Planning Committee meeting dated May 16, 2003. (Received for Information) Durham Haliburton Kawartha & Pine Ridge District Health Council, providing Council with a copy of their Annual Report. (Received for Information) Sylvia Hudson, Vice-Chair, Ontario Civilian Commission on Police Services, providing Council with a copy of their pamphlet, Resolving Complaints - Your Guide for Filing Complaints About Police Conduct, Services and Policies in Ontario. This pamphlet has been circulated to raise public awareness of the work of the commission and the public complaints process. (Received for Information) Utilia Amaral, Director, Ontario Rental Housing Coalition, providing Council with a copy of their brochure. Ontario's new rental housing supply is on the rise. According to the Canada Housing and Mortgage Corporation, since the "Tenant Protection Act" was introduced, new rental construction in Ontario has increased by 400%. (Received for information) The Honourable Gar Knutson, Secretary of State - Central and Eastern Europe and Middle East, advising Council that the Government of Canada submitted a proposal to the Iter parties in June 2001, to host the Iter project in Canada at Clarington, Ontario. Site technical evaluations have now taken place and the Canadian site has received high technical marks. The Iter parties are not expected to finalize the site selection until at least October 2003. (Received for Information) . Council Minutes - 10- October 20, 2003 COMMUNICATIONS 1- 24 C10.MO P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on October 1, 2003, passed the following resolution: "a) THAT the request of the Mayor of Whitby for his community to be designated as under-serviced for general practitioners/family physicians be endorsed; b) THAT the resolution of the Council of the City of Pickering regarding the expansion of employment opportunities for nurse practitioners in the City of Pickering be endorsed; c) THAT similar requests or resolutions from any other Durham municipality for support regarding improving access to medial and primary care services be endorsed upon receipt by the Health and Social Services Committee; and . d) THAT the Premier of Ontario, Ministers of Health and Long-Term Care and Training, Colleges and Universities, Durham Region's M.P.P.'s and the Mayors and Councils of all Durham's municipalities be so advised." (Received for Information) 1- 25 E07.GE Suzanne Stickley, Communications Officer, Port Hope Area Initiative, inviting Council to attend Expo '03 at the Port Hope High School on Friday, October 24,2003, from 6:00 p.m. to 9:30 p.m., and Saturday, October 25,2003, from 10:00 a.m. to 4:00 p.m. This trade show-type open house will focus on Environmental Assessment activities under the Port Hope Area Initiative during the past year. There will be displays, reports and experts on hand to discuss the progress of the Port Hope and Port Granby Long-Term Low-Level Radioactive Waste Management Projects. (Received for Information) 1- 26 C10.MO Claude Mailloux, Coordinator, International Association of Great Lakes and St. Lawrence Mayors, providing Council with a copy of the minutes of the 17th annual meeting held on June 17,2003. Their next annual conference will be held in Chicago, Illinois on July 14 - 16, 2004. . (Received for Information) . . . , Council Minutes COMMUNICATIONS I - 1 M04.GE 1- 3 A01.FE - 11 - October 20,2003 Walt Gibson, Organizer, Terry Fox Run, advising Council that this year's run on September 14, 2003, was the biggest and best ever held in Clarington. Early results indicated that the run raised over $82,000 and was attended by over 1,500 participants. The Terry Fox Run could not have taken place without the support of Fred Horvath and his team at the Operations Department. Their assistance, particularly on run-day, was crucial to making this not only a successful, but also a safe and enjoyable event for so many people. Particular thanks are extended to Grant Ashton and Ron Baker for their assistance throughout the planning stages of this event. Resolution #C-536-03 Moved by Councillor Trim, seconded by Councillor Pingle THAT Correspondence Item I - 1 be received for information. "CARRIED" Federation of Canadian Municipalities, advising Council that the Green Municipal Funds are changing to better meet the needs of municipal governments. Effective August 26, the grant cap on the Green Municipal Enabling Fund (GMEF) is raised to $350,000 from $100,000 with GMEF covering, as now, up to half of eligible costs of feasibility studies and field tests. Second, the date from which GMEF and Green Municipal Investment Fund (GMIF) eligible costs are calculated is advanced to the date the Intent to Apply is accepted, rather than from the date GMF deems the application complete. The change allows communities to hire consultants to develop and complete applications. Resolution #C-537-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Correspondence Item 1- 3 be referred to staff. "CARRIED" Councillor Schell stated a pecuniary interest with respect to Correspondence Item I - 15, vacated his chair and refrained from discussion on the subject matter. Councillor Schell's employer is St. Marys Cement. . . . Council Minutes October 20, 2003 - 12- COMMUNICATIONS 1- 15 C06.ST Minutes of the St. Marys Cement Community Relations Committee meeting dated September 16, 2003. Resolution #C-538-03 Moved by Councillor Trim, seconded by Councillor Ping Ie THAT Correspondence Item 1-15 be received for information. "CARRIED" Correspondence Item D - 19 was distributed as a handout and considered in conjunction with Correspondence Item D - 11 . Resolution #C-539-03 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 1, D - 7 and D - 14 to D - 18, inclusive. "CARRIED" D - 2 Heather Armstrong, writing to Council with her concerns regarding D14.ZBA.2003.028 the proposed building of houses along the creek near her home at 68 Duke Street. She is 10 years old and very concerned about the wetlands and greenspace being ruined by putting buildings on them. We need nature more than we need more houses. No one has thought twice about the animal habitat they would be destroying. (Correspondence referred to the Director of Planning Services) . . . Council Minutes October 20,2003 - 13- COMMUNICATIONS D - 3 Nancy Armstrong, expressing her opposition to the application by D14.ZBA.2003.028 1389877 Ontario Inc. Several years ago, a similar application was made, at which time many signatures of area residents were submitted to Council, also in opposition to the building of a subdivision on the east side of Bowmanville Creek. Her thoughts and concerns have not changed. She still feels that the green space and wildlife in this area is far too important to ruin, as it has disappeared rapidly all over Clarington the past several years. Ms. Armstrong is quite sure the fish, rabbits, ducks and many other species of wildlife that live in or around the creek don't care that the request has been modified from townhouses to links and single dwellings. Access to these new 114 dwellings is going to be via Nelson and Hunt Streets, the way the proposal is now. Neither one of these roads are in very good condition, nor are they wide enough for more traffic than they see now. She is sure the residents who live on them won't appreciate added noise, pollution and the aggravation of trying to get in and out of their own driveways with all the new congestion these streets are sure to see. (Correspondence referred to the Director of Planning Services) D-4 M02.GE Amey Mezzabotta, Community Project Assistant, Durham Area, requesting Council to proclaim the month of December 2003 as The Lung Association Awareness month. The Lung Association is promoting lung health awareness during the months of November and December. Residents in the municipality and across Ontario will be receiving Christmas seals and are asked to use these colourful seals as a reminder to their family and friends to show their commitment to improving lung health in our community. (Proclaimed) Robert Olsen, Executive Director, White Ribbon Campaign, requesting Council to proclaim November 25 to December 6, 2003, White Ribbon Days. Mr. Olsen is also requesting the municipality to purchase a campaign package ($25.00 for 50 ribbons, a signing poster and handout literature) to make information available to the general public. D-5 M02.GE (Proclaimed) . . . Council Minutes COMMUNICATIONS D-6 M02.GE D-8 M02.GE D-9 M02.GE D -10 M02.GE - 14- October 20, 2003 Cecile D. Bowers, Secretary Branch 178, The Royal Canadian Legion, requesting Council's permission to start their Poppy canvass on Friday, October 31, 2003, to Tuesday, November 11, 2003. They would be canvassing the area of Bowmanville and surrounding villages/hamlets. They would also like permission to raise the Poppy flag on Friday, October 31,2003. (Approved the Poppy canvass from October 31 - November 11, 2003, and permission granted to raise the Poppy flag on Friday, October 31, 2003, at the Municipal Administrative Centre) Deborah Laforet, Ecumenical Outreach, The AIDS Committee of Durham, requesting Council to proclaim November 24 - December 1,2003, as Canadian HIV/AIDS Awareness Week and December 1, 2003, World AIDS Day. (Proclaimed) Sid Ryan, President, CUPE Ontario and Shellie Bird, Co-President, The Ontario Coalition for Better Child Care, requesting Council to proclaim Wednesday, November 5, 2003, as Child Care Worker & Early Childhood Educator Appreciation Day. Such a day allows the community to recognize the work of various groups and to acknowledge the contributions they make in the lives of community members. (Proclaimed) Allan Gotlieb, Chairman, Ontario Heritage Foundation, inviting Council to participate in the Ontario Heritage Foundation's Young Heritage Leaders Program 2003. Councils may submit up to three nominations - one in each of the heritage areas - built, cultural and natural. Small project groups may also be considered for nomination where there has been a shared accomplishment. The nomination deadline is Monday, December 15, 2003. (Correspondence referred to the Municipal Clerk to place an ad in the local newspaper) . . . Council Minutes COMMUNICATIONS D - 11 L04.VE D - 19 D -12 C06.CL - 15 - October 20, 2003 David Clark, Secretary-Treasurer, Veridian Corporation, advising Council that the shareholders of Veridian Corporation have each requested that the Shareholders Agreement for Veridian Corporation be amended to: . permit each shareholder to nominate Council Appointees to the board of directors of Veridian Corporation so long as at least one of each shareholder's appointee is not a Council Appointee of that shareholder; and . grant Belleville an additional nominee to the board of directors of Veridian Corporation. David Clark, Executive Vice President Corporate Affairs and Secretary Treasurer, Veridian Corporation, advising Council that the Veridian Corporation's Board is seriously opposed to the provisions of the Amending Agreement. (Correspondence D - 11 endorsed and appropriate by-law to be passed. Correspondence D - 19 received for information) Martha Rutherford Conrad, Administrator, Clarington Museum and Archives, advising Council that the Clarington Museums Transitional Board on September 10, 2003, adopted the following recommendations contained in Administrator's Report No. 2003-A- 0802: "1. THAT By-law 2002-045 be amended to document the organizational name of Clarington Museums and Archives in recognition of the integral archival component of the organization; 2. THAT By-law 2002-045 be amended to change the name of the Clarington Museum Board to the Clarington Museums and Archives Board; 3. THAT By-law 2002-045 be amended to include the provision for the Clarington Museums and Archives Board to maintain a pool of six Part Time Tour Guides in order to meet holiday and weekend schedules without exceeding budgeted expenditures for staffing; and . . . Council Minutes COMMUNICATIONS D - 1 D-7 T03.GE - 17 - October 20, 2003 Lisa Fitton, Recording Secretary, Test Hill Task Force, Township of Scugog, advising Council that at the Test Hill Task Force meeting on September 19, 2003, the Committee requested Council's co- operation in the placement of a barricade at the Burketon entrance to the Test Hill area at the west terminus of Boundary Road. Ms. Fitton is requesting a response by October 21 , 2003. Resolution #C-540-03 Moved by Councillor MacArthur, seconded by Councillor Schell THAT Council consider altering the unopened Boundary Road allowance with the Township of Scugog located west of Old Scugog Road, in cooperation with the Township by constructing a motor vehicle barrier with lockable gates at a location on the allowance satisfactory to the Director of Engineering Services, provided that the provisions of subsection 34(2) of the Municipal Act, 2001 respecting the giving of public notice of intention to pass the necessary by-law concerning the alteration of the unopened road allowance in question and the holding of a public meeting to consider representations by the public regarding the intended by-law are held, and provided that the Township of Scugog undertakes similar actions. "CARRIED" Marion Sears, writing to Council regarding transit in Orono and Wilmot Creek. Ms. Sears questions why Council doesn't use the bus that has been running every Tuesday since she moved to Kendal in 1956. At one time, it ran two days a week, also on Thursdays. They dropped Thursdays because less people were riding on that day. This bus runs from Newtonville to Crooked Creek, to Starkville, to Kendal and to Kirby. Then it runs to Orono, Newcastle trailer park and then to Bowmanville. It leaves Newtonville approximately 9:30 a.m. and leaves Bowmanville at 1:15 p.m. and 4:00 p.m. , . . . Council Minutes COMMUNICATIONS D-14 C10.MO - 18 - October 20, 2003 Resolution #C-541-03 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT Correspondence Item D - 7 be referred to the Director of Engineering Services. "CARRIED" The Corporation of the Village of Point Edward, advising Council that the Village of Point Edward passed the following resolution: "WHEREAS many local charities and non-profit organizations have found that their ability to raise funds through bingo events and lotteries have been seriously affected by the establishment of casinos and slots at racetracks throughout Ontario; AND WHEREAS the charities and non-profit organizations provide valuable services to the residents of their communities; AND WHEREAS it is important to replace the lost revenue; NOW THEREFORE be it resolved that the Ontario government take immediate steps to increase the funding for the Trillium Foundation from One Hundred Million ($100,000,000.00) Dollars to One Hundred and Fifty Million ($150,000,000.00) Dollars; AND FURTHER THAT the funding formula be amended from Seven ($7.00) Dollars per capita to Ten ($10.00) Dollars per capita; AND FURTHER THAT the application process be streamlined to allow easier access and faster approval of Trillium Foundation funding; AND FURTHER THAT a letter requesting support for this resolution be sent to the Association of Municipalities of Ontario for distribution to its member municipalities; AND FURTHER THAT a copy be sent to Caroline DiCocco, M.P.P. for Sarnia-Lambton." . . . Council Minutes COMMUNICATIONS D -15 P17.GE D -16 - 19- October 20, 2003 Resolution #C-542-03 Moved by Councillor Pingle, seconded by Councillor Schell THAT Correspondence Item D - 14 be received for information. "CARRIED" Inky Mark, M.P., Dauphin-Swan River-Marquette, requesting Council's input on ways the Young Criminal Justice Act can be amended to be more effective. The purpose of the Youth Criminal Justice Act is to establish a more effective youth justice system that promotes accountability. It was hoped that a renewed youth justice system would ensure that youth face consequences reflecting the seriousness of their crime and that improved rehabilitation would enable youth to return as a positive influence in their community. Now, more than a year later, it is time to evaluate the effectiveness of this legislation. Resolution #C-543-03 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Correspondence D - 15 be referred to the Durham Regional Police Department and John O'Toole, MPP, to request input from the Ontario Provincial Police. "CARRIED" W. Donald Cousens, Mayor, Town of Markham, strongly encouraging Council to participate in the upcoming public proceeding on Wirebury Connections Inc. before the Ontario Energy Board, in order to ensure that the long-term interests of Clarington's constituents are properly represented. The importance of a safe and reliable supply was brought home to us in the recent Ontario blackout. It is Mr. Cousens' strong believe that an approval by the Ontario Energy Board of new embedded distributors such as Wirebury will threaten the safety, reliability, customer service, and costs of electricity in Ontario. . . . Council Minutes COMMUNICATIONS D -17 C10.MO - 20- October 20, 2003 Resolution #C-S44-03 Moved by Councillor Rowe, seconded by Councillor Pingle THAT Correspondence Item D -16 be received for information. "CARRIED" Nicole Sullivan, Acting City Clerk, City of Kingston, advising Council that the City of Kingston on September 16, 2003, passed the following resolution: "WHEREAS Kingston City Council, along with 41 other Ontario cities, has passed a resolution calling on the provincial government to stop deregulation and privatization of the electricity market; and WHEREAS there is a need for reliable, affordable, environmentally sustainable electricity which can only be realized through a publicly owned and regulated electricity system; and WHEREAS there is concern that the Electricity Distributors Association may, in effect, be promoting the provincial government's vision of privatized power; THEREFORE BE IT RESOLVED THAT Kingston City Council call on the Electricity Distributors Association to support all municipal governments, including Kingston, Toronto, Ottawa, Windsor, and London, in their efforts to have generation and distribution of electricity in Ontario returned to the public domain; and BE IT FURTHER RESOLVED THAT this resolution be sent for action to the Electricity Distributors Association; for information to Premier Ernie Eves; Dalton McGuinty, MPP; Howard Hampton, MPP; John Gerretsen, MPP; Leona Dombrowsky, MPP; and for endorsement to the Association of Municipalities of Ontario and all Ontario municipalities with populations greater than SO,OOO." . . . Council Minutes COMMUNICATIONS D -18 M02.GE REPORTS Report #1 G.P.A. Report Oct. 6, 2003 - 21 - October 20,2003 Resolution #C-545-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Correspondence Item D - 17 be received for information. "CARRIED" David Crombie, President and CEO, Canadian Urban Institute (CUI), introducing the CUI's first annual Urban Leadership Awards Program that will honour urban leaders and support the CUI's internship initiative. From October 10 to November 28, 2003, Council is invited to nominate an individual, group or organization that deserves special recognition for their contribution to the public realm. Mr. Crombie is also requesting financial support as Sponsor for the Program and the inaugural Urban Leadership Awards Luncheon that will be held Wednesday, May 26, 2004. Resolution #C-546-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT Correspondence Item D - 18 be referred to staff for possible nominations to the Urban Leadership Awards Program; and THAT Mr. Crombie's request for financial support be denied. "CARRIED" Resolution #C-547-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the General Purpose and Administration Committee Report of October 6,2003, be approved. "CARRIED" . . . Council Minutes REPORTS Report #2 G.P.A. Report Oct. 20, 2003 Report #3 PSD-137-03 Education Development Charge - 22- October 20,2003 Resolution #C-548-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the Special General Purpose and Administration Committee Report of October 20, 2003, be approved. "CARRIED" Resolution #C-549-03 Moved by Councillor Rowe, seconded by Councillor Schell THAT Report PSD-137-03 be received; THAT the decision contained in Report PSD-137-03 be adopted as the decision of Council to dismiss the complaint made by Martin, Ann and Martin D. Gerkes with respect to application of Education Development Charges By-laws of the District School Boards; and THAT Mr. Gerkes, the Peterborough-Vicitoria-Northumberland and Clarington Catholic District School Board and the Kawartha Pine Ridge District School Board be advised of Council's decision. "CARRIED" Report #4 Resolution #C-550-03 CLD-41-03 Order to Restrain Moved by Councillor Robinson, seconded by Councillor MacArthur Dagnall THAT Report CLD-41-03 be received; and THAT the Order to Restrain served on Grant Dagnall be upheld. "CARRIED" . . . Council Minutes REPORTS - 23 - October 20, 2003 Report #5 Resolution #C-551-03 EGD-41-03 Proposed New Moved by Councillor MacArthur, seconded by Councillor Robinson Bowmanville Secondary School THAT Report EGD-41-03 be received; Report #6 COD-043-03 Longworth Avenue Extension THAT Council approve the Severance Agreement between the Municipality of Clarington, 672003 Ontario Ltd. and the Kawartha Pine Ridge District School Board which is referred to in Report EGD-41-03; THAT the by-law attached to Report EGD-41-03 (Attachment 2) be passed to authorize the Mayor and the Municipal Clerk to execute the Severance Agreement referred to in Report EGD-41-03 on behalf of the Municipality; and THAT all interested parties listed in Report EGD-41-03 and any delegations be advised of Council's decision. "CARRIED" Resolution #C-552-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Dagmar Construction Inc., Markham, Ontario with a total adjusted bid in the amount of $3,456,743.04 (including GST), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2003-27, be awarded the contract for Longworth Avenue Extension, as required by the Engineering Department; THAT the total funds required in the amount of $4,100,000.00 (Total Bid $4,316,775.15 less $860,032.11 Halloway Holdings less Region of Durham portion $327,864.50, plus design, administration, utility relocations, contingency and net GST) be drawn from the Engineering Capital Account #8310-03105-1401; and THAT the By-law attached to Report COD-043-03 marked Schedule "A", authorizing the Mayor and Clerk to execute the agreement be approved. "CARRIED" . . . Council Minutes REPORTS - 24- October 20,2003 Resolution #C-553-03 Moved by Councillor Schell, seconded by Councillor Robinson THAT the recommendations contained in Confidential Report EGD-40-03 and Confidential Report EGD-42-03 be approved. "CARRIED" Addendum to Report PSD-133-03 was circulated as a handout. Resolution #C-554-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT Addendum to Report PSD-133-03 be received; and THAT Council pass a by-law to repeal Interim Control By-law 2003-01. "CARRIED" UNFINISHED BUSINESS Resolution #C-555-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT the delegation of Evylin Stroud be referred to staff for consideration in conjunction with the King Street East Corridor Study. "CARRIED" Resolution #C-556-03 Moved by Councillor Rowe, seconded by Councillor MacArthur THAT Phyllis Baker be thanked for her presentation. "CARRIED" . . . Council Minutes - 25- October 20, 2003 UNFINISHED BUSINESS BY-LAWS Resolution #C-557-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT Council approve, in principle, the request from Kevin Anyan on behalf of the Rotary Club regarding the placement of a garden at the Visual Arts Centre; and . THAT staff be requested to work with the Rotary Club to assist them during this project. "CARRIED" Resolution #C-558-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT staff be empowered to work with the Farmers' Christmas Parade of Lights to obtain a Road Occupancy Permit and to assist them in their request for insurance. "CARRIED" Resolution #C-559-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT leave be granted to introduce By-laws 2003-152 to 2003-170, inclusive and By-laws 2003-172 and 2003-173, and that the said by-laws be now read a first and second time: 2003-152 being a by-law to adopt Amendment Number 36 to the Clarington Official Plan 2003-153 being a by-law to amend Zoning By-law 84-63, as amended, as it applies to certain lands in Bowmanville between Liberty Street and Mearns Avenue . . . Council Minutes BY-LAWS - 26- October 20,2003 2003-154 being a by-law to authorize the execution on behalf of the Municipality of Clarington of a Severance Agreement under Section 53 of the Planning Act, R.S.O., 1990, c.P.13, as amended, with 672003 Ontario Ltd. and the Kawartha Pine Ridge District School Board respecting certain lands including the proposed new Bowmanville Secondary School Site 2003-155 being a by-law to amend By-law 2002-045, a by-law to establish a Board of Management to operate museums on its behalf - Clarington Museum Board 2003-156 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Penwest Development Corporation Ltd.) 2003-157 being a by-law to exempt a certain portion of Registered Plan 40M-2094 from Part Lot Control (Penwest Development Corporation Ltd.) 2003-158 being a by-law to authorize entering into an Amending Agreement with the Owners of Plan of Subdivision 18T -97003 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -97003 (Penwest Development Corporation Ltd.) 2003-159 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the former Town of Newcastle (Aspen Springs West Ltd. (Kelvin Whalen)) 2003-160 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (Foster Creek Developments and Robert Stephenson) 2003-161 being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Dagmar Construction Inc., Markham, Ontario, to enter into agreement for the Longworth Avenue Extension .. 'J .. . . . Council Minutes BY-LAWS - 27- October 20, 2003 2003-162 being a by-law to adopt Amendment No. 35 to the Clarington Official Plan (699504 Ontario Limited (The Kaitlin Group)) 2003-163 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington (699504 Ontario Limited (The Kaitlin Group)) 2003-164 being a by-law to appoint an Auditor for the Corporation of the Municipality of Clarington 2003-165 being a by-law to authorize entering into an Amending Agreement with the Owners of Plan of Subdivision 18T-87086 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect to 18T-87086 (Middle Road Development Inc.) 2003-166 being a by-law to declare Part 2 on Reference Plan 40R-22273 to be surplus 2003-167 being a by-law to stop up and close as a public highway Part 2 on Plan 40R-22273, John Street 2003-168 being a by-law to authorize the conveyance of Part 2 on Plan 40R-22273 to Jacqueline and Everett Lake 2003-169 being a by-law to approve and authorize the execution of an amendment made as of the 30th day of September, 2003, to the shareholders' agreement made as of the 28th day of September, 2001 , amongst The Corporation of the Town of Ajax, Town Corporation of the City of Belleville, The Municipality of Clarington, The Corporation of the City of Pickering, Veridian Corporation, Veridian Connections Inc. and Veridian Energy Inc. 2003-170 being a by-law to authorize the execution of a quit claim transfer of certain lands in Orono to Shawn Owen Campbell and Sandra Marie Campbell . . . ~., .. Council Minutes BY-LAWS OTHER BUSINESS Boards and Committees Update - 28 - October 20, 2003 2003-172 being a by-law to authorize the execution of an agreement of understanding between the Municipality and Mearns East Development Inc. regarding the lands within draft plan of subdivision of 18T-9S00S 2003-173 being a by-law to repeal Interim Control By-law 2003-01, as amended applicable to the Bowmanville King Street East Corridor "CARRIED" Resolution #C-S60-03 Moved by Councillor MacArthur, seconded by Councillor Robinson THAT the third and final reading of By-laws 2003-152 to 2003-170, inclusive and By-laws 2003-172 and 2003-173, be approved. "CARRIED" Councillor Robinson advised Council that he attended a supper last week in Port Hope Township to honour individuals who volunteer to sit on Committees. Councillor Robinson stated that volunteers are very important and should receive acknowledgement from the municipality. Councillor Rowe reminded Council of the all candidates meeting being held on Thursday, October 23, 2003, at 7:00 p.m. at Faith United Church. She noted that the Municipality of Clarington has received platinum sponsorship recognition for the Children's Groundwater Festival. Councillor Rowe pointed out that Clarington is the only municipality who participates in this sponsorship. Three out of the five high schools that participate in the Children's Groundwater Festival are Clarington High Schools. Councillor Schell expressed congratulations to the Bowmanville BIA for the successful Apple Festival held last weekend. Councillor Schell noted that between SO,OOO and 60,000 people who attended the Apple Festival. Councillor Trim thanked the Operations Department for all their assistance over the years during festivals and parades. . . . " .. Council Minutes COMMUNICATIONS D -13 C06.RA - 16- October 20,2003 4. THAT the Clarington Museum Transitional Board continues to endorse its position of the June 18, 2003, Board meeting as follows: "THAT the Clarington Museums Transitional Board can manage the costs of the Lower Level of the Library Building on Temperance Street due to savings from contract efficiencies, and increased revenue generation; THAT the Clarington Museums Transitional Board is managing their 2003 Budget within budget parameters; THAT the Municipality maintains costs associated with the Library Building on Temperance Street that they covered on behalf of the Clarington Public Library." (Approved recommendations of Administrator and appropriate by-law to be passed) John Stephenson, Honourary Secretary, South East Clarington Ratepayers Association, advising Council of the formation of the South East Clarington Ratepayer's Association (SECRA). The inaugural meeting of this association, which approximately 40 members attended, was held on September 24, 2003, at 7:00 p.m. in the Newtonville Hall. The members approved the following motion: 'THAT the proposal to excavate the radioactive waste located at Port Granby Low Level Radioactive Waste Management Facility; to move it to the north side of Lakeshore Road and to place it into an engineered mound is totally unacceptable the members of the South East Clarington Ratepayers Association. We strongly urge the Municipality of Clarington to work with local residents to develop a scientifically proven system for safe, long term, in- situ disposal of the historic, low level radioactive and chemical waste now located at the Port Granby licensed waste management facility." (Correspondence referred to the Director of Planning Services) . . . . Council Minutes OTHER BUSINESS - 29- October 20, 2003 Resolution #C-561-03 Moved by Councillor Schell, seconded by Councillor Rowe THAT staff be directed to initiate an amendment to Zoning By-law 84-63 to introduce similar standards for drive-through restaurants as contained in the zoning amendment for the Bowmanville King Street East Corridor for the lands zoned C-1 at the north-west and south-west corner of Martin Road (Regional Road 57) and Hartwell Avenue. "CARRIED" Resolution #C-562-03 Moved by Councillor Robinson, seconded by Councillor Schell WHEREAS the Municipality of Clarington Development Charges By-law 2000-108 provides an exemption of "agricultural development" from the collection of development charges; WHEREAS agricultural development is defined to include not only farm buildings but also "residential dwellings which are used exclusively to provide living accommodation for employees of the operator of the land devoted to the practice of farming and which residential dwellings are occupied for fewer than six (6) consecutive months during each calendar year"; WHEREAS it is beneficial for the Region, the Municipality and Education Development Charge to be consistent as much as possible in the application of development charges with the exception of specific interests of each body; WHEREAS in the face of increasing costs, development charges is one additional cost that impacts the ability of farms to remain competitive; WHEREAS seasonal agricultural workers do not contribute an additional burden of the education system that should warrant the application of the Education Development Charge; ... ., ~ . . . Council Minutes OTHER BUSINESS - 30- October 20, 2003 THEREFORE BE IT RESOLVED THAT the Municipality of Clarington hereby requests that the Kawartha Pine Ridge District School Board and the Peterborough Victoria Northumberland and Clarington Catholic District School Board to amend their respective education development charges by-law to provide for a similar agricultural exemption as the Municipality of Clarington. "CARRIED ON THE FOLLOWING RECORDED VOTE" Recorded Vote Declaration of Pecuniary Council Member Yea Nav Interest Absent Councillor MacArthur X Councillor Ping Ie X Councillor Robinson X Councillor Rowe X Councillor Schell X Councillor Trim X Mavor Mutton X Resolution #C-563-03 Moved by Councillor Schell, seconded by Councillor MacArthur THAT the Mayor and Municipal Clerk be authorized to execute an agreement of understanding with Mearns East Developments Inc. respecting the lands in draft plan of subdivision 18T-9S00S to allow before the execution of the subdivision agreement, rough grading of the lands including the removal of trees provided that the agreement shall require compliance with Engineering Drawings satisfactory to, and a Tree Preservation Plan approved by the Director of Engineering Services. The agreement shall also contain such other provisions which are satisfactory of Director of Engineering Services and the Treasurer in order to protect the Municipality's interest including a provision for securing the promises of the owner; and THAT the necessary authorizing by-law be passed. "CARRIED" ~ ... ~ . . . Council Minutes - 31 - October 20,2003 CONFIRMING BY-LAW ADJOURNMENT Councillor Schell disclosed a pecuniary interest earlier in the meeting and refrained from discussion and voting on the confirming by-law. Resolution #C-564-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT leave be granted to introduce By-law 2003-174 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 20th day of October 2003, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-565-03 Moved by Councillor MacArthur, seconded by Councillor Pingle THAT the third and final reading of By-law 2003-174 be approved. "CARRIED" Resolution #C-566-03 Moved by Councillor Rowe, seconded by Councillor Robinson THAT the meeting adjourn at 8:35 p.m. "CARRIED"