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HomeMy WebLinkAbout05/31/1999ivtUN €CIPP,I ONTARIO DATE: MAY 31, 1999 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURE OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a regular meeting of Council held on May 10, 1999 PRESENTATION Introduction of Mr. Dan Cousins, Manager of Arenas, Community Services Department DELEGATIONS 1 Diane Eastwood, Firehouse Youth Centre, 132 Church Street, Bowmanville, L 1 C 1 T5 — Firehouse Youth Centre 2. Kathy Duncan, 3224 Hancock Road, Courtice, LtE 2M1 — Declaration of Vicious Dogs (Report #4) 3. Adele Pugliese, 154 Keewatin Street South, Oshawa, L I H 6Z3 —Fence in Laneway 4. Joe Domitrovic, 3872 Courtice Road, Courtice, LlE 2L5 — Autobody Shop 14 �W 0 �WOWWNUG MN Receive for Information I — 1 Member Communication, Association of Municipalities of Ontario entitled "The Municipal Mandate — Municipalities at Risk" CORPORATION OF THE MUNICIPALITY OF CLARINGTON & r P C n P PT . n(lW &A A NV Y 4 1 r o ()MT A P I r) I i r. I A r . f A 5% 99 'A -1170 . r A Y A I A C, Council Agenda - 2 - May 31, 1999 COMMUNICATIONS 1-2 Bowmanville Museum Board —Minutes of a meeting of April 14, 1999 I — 3 The Honourable Ernie Eves, Minister of Finance — Education Tax Rates I — 4 John Coffey, Co- ordinator, Clarington Older Adult Association — Proposed 1999 — 2000 Budget I — 5 Brian Suter, City Clerk, City of Oshawa — Regional Governance Committee I — 6 P.M. Madill, Regional Clerk, Region of Durham — Revised Work Plan for Development Charge Background Study I — 7 Anne Robinson, Vice President, Membership Services, Parks & Recreation Ontario — Membership I — 8 Media Release, The Visual Arts Centre of Clarington — Spillway Gate I — 9 Media Communication received from the Association of Municipalities of Ontario — Election Watch '99 — Profiling Municipal Issues During the Provincial Election 1-10 Media Communication received from the Association of Municipalities of Ontario — Election Watch '99 — Infrastructure Support for Cash - Strapped Municipalities I — 11 Media Communication received from the Association of Municipalities of Ontario — Election Watch '99 — Municipal Governments and Property Tax Payers Want No Surprises I —12 Media Communication received from the Association of Municipalities of Ontario — Election Watch '99 — Understanding Each Party's Plan I — 13 Central Lake Ontario Conservation Authority — Minutes of a meeting of May 18, 1999 I —14 Debbie Feltham, Treasurer, Clarington East Food Bank - Letter of Appreciation 1-15 Bob Kanduth, Director, Public Affairs and Communications, Municipal Electric Association — Letter of Introduction Council Agenda - 3 - May 31, 1999 COMMUNICATIONS Receive for Direction D — 1 Correspondence addressed to Sgt. Paul A. Malik, Community Services Bureau, Durham Regional Police Service — Devondale Area Neighbourhood Watch D-2 Township of Centre Wellington — Resolution re: Infrastructure for Bridge Replacement and Repairs D-3 Sylvia Smith, Branch President, Durham Region Leukemia Research Fund of Canada (LRFC) — Leukemia Awareness Month D-4 Warren Lamondin, Supervisor, Clarington Services, The Oshawa/Clarington Association for Community Living — Request for Financial Assistance D-5 Corporation of the Township of Morris — Resolution re: Program to Provide Financial Assistance for "Rural Water Quality Improvement" D — 6 Town of Aurora — Resolution re: Safety of Citizens D-7 Bowmanville Family Chiropractic Centre — Municipal Smoking By -law D — 8 William Tonno, President, 821012 and 821013 Ontario Limited — Clarington Official Plan Amendment Application, Bowmanville West Main Central Area Boundary D-9 Umberto Sapone, 3200 Dufferin Street, Suite 201, Box 17, Toronto, M6A 2T3 — Building located on the north -east corner of King Street and Taunton Road in Hampton D —10 Jill Haskins, Enniskillen United Church — Enniskillen Community 3rd Annual B.B.Q. D — 11 Bradd Powless, Pow Wow Co- ordinator, Native Cultural Centre of Durham Region — First Nations Awareness Week and Aboriginal Awareness Day D —12 John T. Hulley, 8 Queen Street, R.R. 41, Brooklin, LOB 1CO — Weed Control Act D — 13 Yvonne Maitland, Committee for the Preservation of the Canada Day Picnic — Orono — Waiver of Rental Fee Council Agenda - 4 - May 31, 1999 COMMUNICATIONS D — 14 Glenn Legault, President, Orono District Community Association — Meeting Room D —15 Girl Guides of Canada — Millennium Garden D —16 Joanne Cowley, Advance Funding Program, Ontario Lottery Corporation — Solina Community Centre Board MOTION NOTICE OF MOTION 1. General Purpose and Administration Committee Report of May 17, 1999 2. Confidential Report CD -18 -99 — Personnel Matter 3. Confidential Report ADMIN -15 -99 — Personnel Matter 4. Report CD -19 -99 — Declaration of Vicious Dog 5. Confidential Verbal Report of the Solicitor — Legal Matter UNFINISHED BUSINESS BY -LAWS OTHER BUSINESS (a) Appointments to the Newcastle Community Hall Board (Applications to be distributed under separate cover) (b) Appointment to the Clarington Library Board (Applications to be distributed under separate cover) (c) Regional Update (d) Committee /Boards Update BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT SUMMARY OF CORRESPONDENCE MAY 31,1999 CORRESPONDENCE FOR INFORMATION I — 1 Member Communication received from the Association of Municipalities of Ontario with respect to the Municipal Mandate — Municipalities at Risk. (A copy of the communication is attached to the Summary of Correspondence.) (Receive for Information) I — 2 Minutes of a meeting of the Bowmanville Museum Board held on April 14, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) 1-3 The Honourable Ernie Eves, Minister of Finance, providing information on the education tax rates required to set 1999 tax rates. He advises that the Province proposes to reduce the residential education tax rate by 20 percent over the next five years, saving taxpayers $500 million. Combined with the eight -year, $500 million reduction in business education taxes, taxpayers will save $1 billion in reduced property taxes. The 1999 Ontario Budget announced that the residential education tax rate will be reduced by 10 percent, effective for the 1999 tax year. Therefore, the residential education tax rate for 1999 will be reduced to 0.414 percent of assessed value from the current tax rate of 0.46 percent of assessed value. A 20 percent reduction in residential education tax rates will mean a reduction of $150 in property taxes for the owner of a typical, single - family detached home. The province trusts that municipalities will not move to occupy the tax room created by a reduction in the provincial portion of the property tax bill and that municipalities will follow the province's lead and find efficiencies and savings to also reduce their municipal portion of the tax bill. The reduction in residential education tax rates will also be applicable to multi - residential properties, farms and managed forests. With respect to multi- residential properties, the province proposes to amend the Tenant Protection Act, to ensure that the benefit of reduced education taxes is passed on to tenants. (Receive for Information) 1-4 John Coffey, Co- ordinator, Clarington Older Adult Association, forwarding a copy of the proposed 1999 -2000 Budget for the Clarington Older Adult Association. The fiscal year- end for the Association is March 31St. He advises that Michael Sullivan, C.A., has been appointed as the auditor and he will forward a copy of their financial statements in the near future. (A copy of the budget is available in the Clerk's Department.) (Receive for Information) Summary of Correspondence - 2 - May 31, 1999 I — 5 Brian Suter, City Clerk, City of Oshawa, advising of a resolution passed by the City of Oshawa as follows: "THAT Council request Regional Council to establish a technical committee to provide support to the Regional Governance Committee consisting of all Durham CAD's, and further that this technical committee be charged with responsibility to develop a methodology for governance reform in Durham to include a Terms of Reference and Work Plan, consistent with the approach described in City Manager's Report CM -99 -03 dated April 22, 1999." (A copy of Report CM -99 -03 is available in the Cleric's Department.) (Receive for Information) I — 6 P.M. Madill, Regional Cleric, Region of Durham, advising of a resolution passed by Regional Council as follows: "a) THAT the revised work plan for the Regional Development Charge Background Study and By -law, as attached to Report #1999 -J -13 of the Chief Administrative Officer and Commissioners of Finance, Planning and Works, be received for information; and b) THAT a copy of Commissioner's Report #1999 -J -13 of the Chief Administrative Officer and Commissioners of Finance, Planning and Works be forwarded to the area municipalities in Durham Region, the Durham Chapter of the Urban Development Institute (UDI), the Durham Region Home Builders' Association and the Greater Toronto Home Builders' Association." (A copy of Report #1999 -J -13 is available in the Cleric's Department.) (Receive for Information) 1-7 Anne Robinson, Vice President, Membership Services, Parks & Recreation Ontario forwarding membership material, a table of contents from the April issue of Parks & Recreation Canada on parks and playgrounds, and special discount coupons from Canada's Paramount Wonderland. She advises that Parks and Recreation Ontario is the umbrella organization for municipal recreation, therapeutic recreation, parks, environment and open space, aquatics and has children and youth and volunteerism branches. PRO has excellent resources on both the facility and programming aspects of recreation. PRO is the ONLY organization in Ontario that automatically gives staff in municipalities access to membership with the Canadian Parks and Recreation Association at NO additional cost. (Documents are available in the Cleric's Department.) (Receive for Information) Summary of Correspondence - 3 - May 31, 1999 1-8 Media Release, The Visual Arts Centre of Clarington, advising of a sculpture unveiling in Soper Creels Park. The event will be held on Friday, May 21, 1999 at 7:00 p.m., in Soper Creek Park outside the Cream of Barley Mill. The piece is based on spillway gates used to block debris from entering the wheel well of a mill. The artist, Cynthia Harper, will arrive in Bowmanville earlier in the week to install the structure, which has been specially designed with the history of the Cream of Barley Mill in mind. She has extensive experience executing public art projects and commissions throughout the United States, and teaches at Pennsylvania College of Technology, Penn State, Williamsport, PA. She has received awards for her art in Arizona, Nebraska, Alaska, Dallas, California, and abroad in Finland. (Receive for Information) I — 9 Media Communication received from the Association of Municipalities of Ontario — Election Watch '9 9 with respect to Profiling Municipal Issues During the Provincial Election. (A copy of the communication is attached to the Summary of Correspondence.) (Receive for Information) I —10 Media Communication received from the Association of Municipalities of Ontario — Election Watch '99, with respect to Infrastructure Support for Cash - Strapped Municipalities. (A copy of the communication is attached to the Summary of Correspondence.) (Receive for Information) I —11 Association of Municipalities of Ontario Media Communication — Election Watch 199 — Municipal Governments and Property Tax Payers Want No Surprises. (A copy of the communication is attached to the Summary of Correspondence.) (Receive for Information) 1-12 Association of Municipalities of Ontario Media Communication — Election Watch 199 — Understanding Each Party's Plan. (A copy of the communication is attached to the Summary of Correspondence.) (Receive for Information) I —13 Minutes of a meeting of the Central Lake Ontario Conservation Authority held on May 18, 1999. (A copy of the minutes is attached to the Summary of Correspondence.) (Receive for Information) I —14 Debbie Feltham, Treasurer, Clarington East Economic Support, forwarding a letter of appreciation on behalf of the Clarington East Food Bank for the Municipal Grant. (Receive for Information) Summary of Correspondence - 4 - May 31, 1999 1-15 Bob Kanduth, Director, Public Affairs and Communications, Municipal Electric Association, forwarding a letter of introduction on behalf of the Municipal Electric Association. He advises that the Municipal Electric Association (MEA), a not - for - profit provincial association which represents and serves electric distribution utilities in Ontario. Currently, there are 255 municipal electric utilities (MEUs) in Ontario which are members of the MEA, including the MEU in this municipality. Ontario's MEUs provide power to more than 75 per cent of all electricity consumers in Ontario and sell more than 70 per cent of all the electricity consumed ($7 billion in electricity sales to 2.8 million customers). (An information package is available in the Cleric's Department.) (Receive for Information) CORRESPONDENCE FOR DIRECTION D-1 Correspondence addressed to Sgt. Paul A. Malik, Community Services Bureau, Durham Regional Police Service, from Kristina McCann, Neighbourhood Watch Co- ordinator, requesting endorsement of a Neighbourhood Watch Program in the Devondale Area. A letter from Sgt. Paul A. Malik, Community Services Co- ordinator, Durham Regional Police Service was attached to the correspondence advising that they endorse the implementation of a Community Neighbourhood Watch in the Devondale Area and request that they be granted permission to erect approved Neighbourhood Watch signs in their area as a crime deterrent. (Motion to approve the Neighbourhood Watch and approve the erection of appropriate signage) D — 2 Township of Centre Wellington advising of a resolution passed by the Township of Centre Wellington as follows: "WHEREAS the Township of Centre Wellington, like most municipalities in Ontario, has numerous bridge structures within its municipal road system; and WHEREAS it is financially impossible for the municipality to replace, repair, maintain and upgrade these bridge structures to required Provincial standards and at the same time keep the municipal road network in a safe condition; and WHEREAS the Provincial and Federal governments share in revenues raised through licence fees, fuel taxes and tire taxes, all of which were originally designated for the maintenance and upkeep of road infrastructure; and WHEREAS the Provincial and Federal governments now maintain a very small portion of the road infrastructure in the Province of Ontario; NOW THEREFORE BE IT RESOLVED THAT all of the municipalities in Ontario petition both the Provincial and Federal governments to bring forward an Infrastructure Program, in which a major portion of the cost of maintenance or replacement of municipal bridges would be funded by the Provincial and Federal governments. Summary of Correspondence -5 - May 31, 1999 FURTHER, this resolution be submitted to OSUM and AMO at their annual conferences for consideration and support, and this resolution be circulated to all municipalities in Ontario, the Prime Minister and the Premier of Ontario. AND FURTHER all supporting municipalities be requested to advise their members of both the Provincial and Federal governments of their support." (Motion for Direction) D — 3 Sylvia Smith, Branch President, Durham Region Leukemia Research Fund of Canada (LRFC) requesting the Municipality of Clarington to proclaim the month of June as "Leukemia Awareness Month" and Flag Raising Ceremony at the Municipal Administrative Centre. (Motion to Proclaim and approve flag raising ceremony) D-4 Warren Lamondin, Supervisor, Clarington Services, The Oshawa/Clarington Association for Community Living requesting financial assistance. He advises that they missed the grant application process and are asking to be considered for any funds remaining from the grant application process. They are requesting a grant in the amount of $2,000 which they received through the grant process last year. This money was used towards programming materials and activities enjoyed throughout the year by their members. They currently support 31 active members at this time with several people in the intake process. (Motion for Direction) D — 5 Corporation of the Township of Morris advising of a resolution passed by the Township of Morris as follows: "WHEREAS the Province of Ontario, in conjunction with the Conservation Authority, previously had in place a "Curb Program" to improve water quality; AND WHEREAS the "Curb Program" financially aided many farmers to improve water quality in the rural areas; AND WHEREAS the "Curb Program" provided awareness of methods to improve farming practices, which aided to improve the water quality in rural areas; AND WHEREAS with the farming practices intensifying, protection of the water quality is a valuable resource; AND WHEREAS improved water quality will benefit every resident in Ontario, now and in the future; AND WHEREAS the Township of Morris Council would like to see a program implemented for "Rural Water Quality Improvement "; Summary of Correspondence - 6 - May 31, 1999 NOW THEREFORE BE IT RRESOLVED THAT the Township of Morris petitions the Provincial Government to implement a "Rural Water Quality Improvement" program; AND THAT this resolution be forwarded to the Premier Michael Harris and the Minister of Agriculture, Food and Rural Affairs and the Association of Municipalities of Ontario; AND FURTHER THAT this resolution be circulated to the local MPP and all rural municipalities in Ontario, urging the endorsement and support this resolution." (Motion for Direction) D — 6 Phyllis Morris, Councillor, Town of Aurora, advising of a resolution passed by the Town of Aurora as follows: "WHEREAS the Town of Aurora & the community has been saddened to learn of the death on April 18, 1999, of a 10 year old Aurora resident, Elizabeth Hader, due to a tragic horse - riding accident AND WHEREAS no known Municipal or Provincial legislation exists within Ontario governing appropriate safety standards for commercial riding establishments including the mandatory wearing of protective safety equipment of headgear and footwear for riders AND WHEREAS the Safety standards that have been previously recommended on a number of occasions since 1977 through Coroner's reports and inquests into similar critical riding accidents have not been legislated to enable enforcement AND WHEREAS no known individual, department or Ministry official has been assigned the responsibility of following through with inquest recommendations to ensure that life saving ideas are implemented AND WHEREAS legislation exists governing the wearing of safety helmets, and other protective equipment for such activities as cycling, rock- climbing, motorcycling, and ski- riding; no such legislation exists to enhance the safety of horse riders AND WHEREAS there are known safety peacock stirrups & stirrups with hoods that if mandated for wear would prevent a riders foot going through the stirrup or getting wedged AND WHEREAS the CHA (Certified Horsemanship Association) recommends that all trail rider groups should not exceed 6 riders per instructor, with a minimum of two instructors on every trail ride. Without legislated standards this recommended rider /instructor ratio number can and is being presently exceeded Summary of Correspondence - 7 - May 31, 1999 AND WHEREAS one of the Town of Aurora's strategic plan objectives is to "incorporate measures into Town policies and programs which contribute to a safe living and working environment" THEREFORE BE IT RRESOLVED THAT staff be directed to investigate any present or pending legislation that exists throughout the Province of Ontario; governing the wearing of recommended safety equipment, along with the introduction of safety standards for all commercial riding establishments AND FURTHER THAT staff be directed to investigate and bring back for consideration as soon as possible an Aurora by -law to establish safety standards and the wearing of safety equipment, for commercial riding establishments throughout the Town of Aurora AND FURTHER THAT this motion be sent to all the Municipalities in the Region of York, the Association of Municipalities of Ontario (AMO), Region of York's "Horse Country Steering Committee ", the American Association for Horsemanship Safety, Dr. Janet Marie Friesen Sorli of British Columbia, Mr. Frank Klees, M.P.P., and the office of the Premier of Ontario, to express the Town of Aurora's concerns to inform them of our intention to introduce such a by -law, and requesting their full support and endorsement in this regard AND FURTHER THAT the Town of Aurora requests the full support and co- operation of all residents of Ontario in calling for immediate action in enacting Provincial legislation to address needed safety legislation for all commercial riding establishments throughout the Province as a matter of priority AND FURTHER THAT the Premier of the Province of Ontario be requested to assign a department or individual responsibility for reviewing and reporting the recommendations to the legislature on all Coroners reports and recommendations as soon as the new government is elected. (Motion for Direction) D — 7 Dr, Kathlynn Hoch, Clinic Director, Bowmanville Family Chiropractic Centre, advising that the clinic is regulated under the Health Professions Act and due to the smoke coming through the vents, they are receiving numerous patient complaints. She is requesting an amendment to By -law 93 -146, that stipulates in an office building with a common ventilation system and a health clinic, that no person shall smoke. (Motion to refer correspondence to Municipal Cleric for review and report) Summary of Correspondence - 8 - May 31, 1999 D — 8 William Tonno, President, 821012 and 821013 Ontario Limited, expressing concern with respect to the Official Plan Amendment Application for the Bowmanville West Main Central Area Boundary, for future valuation of the lands now having a proposed future community park designation. He is requesting that the future valuation of their lands will be dealt with in a fair and just manner. (Motion to refer correspondence to the Director of Planning and Development) D-9 Umberto Sapone, 3200 Dufferin Street, Suite 201, Box 17, Toronto, M6A 2T3, advising of his concerns about a "monstrous" 33,000 square foot building (allegedly a house) being erected on a two acre lot adjacent to his home on the northeast corner of King Street and Taunton Road in Hampton. The height and depth of the said building creates a serious impairment on the enjoyment of his property, especially their back yard and is an eyesore adversely affecting the residential character of King Street. He advises that his suspicions based on the design (there is a hangar on the far east side of the building to allegedly build an airplane — as a hobby), the square footage of the building and the owner's past record of extending and then using his present family dwelling on King Street to conduct business, is that the building in question is being erected and will be used for business purposes. He is requesting the Municipality of Clarington to advise him of what action(s) or measure(s) if any, will be taken in order to address his concerns and ensure that the building will not be used for business purposes. (Motion to refer correspondence to the Director of Planning and Development and the Director of Public Works for review and report) D —10 Jill Haskins, Enniskillen United Church, advising of Enniskillen Community 3rd Annual B.B.Q. to raise money for the continuing upkeep of their building. She is requesting permission to have a portion of road closed from 4:00 p.m. until 10:00 p.m. in order to hold a street dance. The portion of Old Scugog Road they wish to have closed is from the north of the Centre Lane junction for about 50 yards which would be well south of the junction with Concession Road 3. Both Potters Lane and Centre Lane enable traffic to bypass this section of road for the short time they would like to use the pavement. (Motion to approve request provided organizers apply for and obtain a Road Occupancy Permit) D —11 Bradd Powless, Native Cultural Centre of Durham Region, requesting proclamation of First Nations Awareness Week and proclamation of Aboriginal Awareness Day. He is also requesting financial assistance in the amount of $1,000.00. (Motion for Direction) D —12 John T. Hulley, 8 Queen Street, R.R. #1, Brooklin, LOB 1CO, with respect to the Weed Control Act. He is requesting that Milkweed not be considered a noxious weed. (Motion to refer correspondence to the Regional Municipality of Durham) Summary of Correspondence - 9 - May 31, 1999 D —13 Yvonne Maitland, Committee for the Preservation of the Canada Day Picnic — Orono, requesting the waiver of the fee for parking and the rental fee for the Orono Pool so that free swimming could again be an integral component of the Canada Day Celebrations at the Orono Park. (Motion for Direction) D —14 Glenn Legault, President, Orono District Community Association, requesting the use of the lower room at the Orono Town Hall on a monthly basis, He further requests that the Municipality waive the normal rental fee of $10.00 per hour or reduce this charge to a nominal amount. He is requesting that this be of a one -year duration. After that, he advises that his organization should be in a position to pay rental costs. (Motion for Direction) D —15 Girl Guides of Canada, Blue Heron Division, requesting permission to place a Millennium Garden on the northwest corner of Highway #2-and Regional Road 57. (A copy of the communication is attached to the Summary of Correspondence.) (Refer to the Director of Community Services to work with the Girl Guides in this endeavour) D —16 Joanne Cowley, Advance Funding Program, Ontario Lottery Corporation, advising that the Solina Community Centre Board does not qualify as eligible for funding under the Advance Funding Program. The Alcohol and Gaming Commission advised the Solina Community Centre Board that they did not qualify for the following reasons: • Municipalities and their affiliated (non- independent) committees and boards do not qualify as eligible organizations. Based on the following, your organization appears to be affiliated with the Municipality (not independent), and therefore, is ineligible for funding: • Board must include members of Municipal Council. Proposed use of funds is not considered eligible. The Ontario Lottery Corporation forwarded a replacement roster form if the municipality wishes to recommend funding of an alternate local charity or charities. (Motion for Direction) SUMMARY OF BY -LAWS MAY 31,1999 i ' A -1 99 -64 being a by -law to authorize a contract between John Fletcher, Orono, Ontario, in respect of the Operation of the Concession Refreshment Services, located at the Orono Park Booth (Item #9 of Report #1); 99 -65 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Cosburn Giberson Consultants Inc., Markham, Ontario, for the landscape architectural services for the skatepark at the Rickard Recreation Complex and Darlington Green Neighbourhood Park (Item #11 of Report #1); 99 -66 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and D.G. Biddle and Associates Limited, Oshawa, Ontario, for the professional engineering services for the Dale Park Drive completion works and the Edward Street reconstruction works (Item #13 of Report #1); 99 -67 being a by -law to adopt Amendment No. 15 to the Clarington Official Plan (Item #4 of Report #1); 99 -68 being a by -law to authorize a Franchise Agreement between the Corporation of the Municipality of Clarington and The Consumers' Gas Company Ltd.; 99 -69 Confidential Personnel Matter (Report #3) 99 -70 being a by -law to appoint a member to the Clarington Public Library Board