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HomeMy WebLinkAbout11/12/20011 Leading the Way DATE: MONDAY, NOVEMBER 12, 2001 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETINGS Minutes of a meeting of Council held on October 29, 2001 DELEGATIONS 1. Brendan Flynn, Program Co- ordinator, 38 Walton Street, Suite 3, Port Hope, L1A 1 N1 - Property Value Protection Program 2. Wilma Paul, 145 Liberty Street South, Apt. 209, Bowmanville, L1 C 4K5 - Correspondence Item D - 5 3. Brenda Watson, 131 Elgin Street, Bowmanville, L1 C 3E8 - Report CLD- 019 -01 4. Jeanette Loughran, 19 Vanstone Court, Bowmanville, L1 C 3V7 - Report CLD- 019 -01 COMMUNICATIONS Receive for Information 1- 1 Minutes of the Central Lake Ontario Conservation Authority dated October 2, 2001 1 - 2 Shari Lynn Spratt, Regulatory Coordinator, Enbridge Consumers Gas - 2002 Test Year Rates Case CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - November 12, 2001 1 - 3 P.M. Madill, Regional Clerk, Region of Durham - Pesticide Regulation 1 - 4 P.M. Madill, Regional Clerk, Region of Durham - Provincial Policy Statement (PPS) Review 1 - 5 The Honourable Cam Jackson, Minister of Citizenship and The Honourable Brad Clark, Minister of Transportation - Co- ordinated Community Transportation Resource Manual 1 - 6 P.M. Madill, Regional Clerk, Region of Durham - Courtice Water Pollution Control Plant 1 - 7 Minutes of the Local Architectural Conservation Advisory Committee dated October 16, 2001 1 - 8 The Honourable Brad Clark, Minister of Transportation - Highway 407 East Completion 1 - 9 Minutes of the Ganaraska Region Conservation Authority dated September 20, 2001 and October 18, 2001 1 - 10 Eldred King, Chairman, GO Transit - "Year in Review" for 2000 I - 11 Ron Osborne, President and CEO, Ontario Power Generation - Pickering B Station 1 - 12 P.M. Madill, Regional Clerk, Region of Durham - Regional Transit System 1 - 13 Alex Shepherd, M.P., Durham - Books of Condolences 1 - 14 John R. O'Toole, MPP, Durham - Standing Committee on Estimates 1 - 15 Agenda of the Durham Nuclear Health Committee meeting scheduled for November 23, 2001 1 - 16 Mavis Carlton, Chair, Local Architectural Conservation Advisory Committee - Meeting of the Durham Region LACAC 1 - 17 Pina D'Intino, Canadian National Institute for the Blind (CNIB), Client Committee Service - "Technology at `Work' 2001" Fair 1 - 18 Ministry of Municipal Affairs and Housing - Oak Ridges Moraine 1 - 19 Cam Jackson, Minister of Citizenship - Persons with Disabilities Council Agenda - 3 - November 12, 2001 1-20 Ministry of Municipal Affairs and Housing -An Act to Improve Public Safety and to Increase Efficiency in Building Code Enforcement 1 - 21 Minutes of the Bowmanville Museum Board dated October 10 and October 23, 2001 1-22 Andy Mitchell, Secretary of State, Rural Development, Federal Economic Development, Initiative for Northern Ontario - Canada Ontario Infrastructure Program 1-23 Honourable David M. Collenette, Minister of Transport - Municipal Transit 1-24 Audrey Bennett, Director, Ministry of Municipal Affairs and Housing - Oak Ridges Moraine Conservation Act Receive for Direction D - 1 Ellen Logan, Secretary /Treasurer, Bowmanville Museum - Resignation of Charles Taws D - 2 Lawson Gay, Vice President and Rick Gay, President, Gay Company i Limited - 1697 King Street West in Courtice D-3 Carmela, Kathryn and Pat, AIDS Committee of Durham -AIDS Awareness Week D-4 Chris Van Demark - Smoking in Eating Establishments D - 5 Wilma Paul - 145 Liberty Street South, Bowmanville D - 6 Linda J. Laliberte, General Manager /Secretary- Treasurer, Ganaraska Region Conservation Authority - 2002 Preliminary Budget D - 7 Cynthia Mearns - Clarington Public Library Board D - 8 Mwebaze Edward - Requesting Sponsorship D - 9 A.L. Georgieff, Commissioner of Planning, Region of Durham - Durham Agricultural Advisory Committee Council Agenda - 4 - November 12, 2001 TkArey1w NOTICE OF MOTION .•. 1. General Purpose and Administration Committee Report of November 5, 2001 2. Report CLD- 019 -01 - Order to Restrain - Watson 3. Confidential Report PSD- 039 -01 - Property Matter UNFINISHED BUSINESS 1. Appointment to the Samuel Wilmot Nature Area Management Advisory Committee BY -LAWS OTHER BUSINESS BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT SUMMARY OF BY -LAWS NOVEMBER 12, 2001 BY -LAWS 2001 -192 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and SRM Associates Limited to execute an Engineering Agreement (Approved by Council on October 22, 2001) 2001 -193 being a by -law to amend By -law 2001 -015 being a by -law to appoint Members to the Samuel Wilmot Nature Area Management Committee 2001 -194 Confidential Property Matter (Item #5 of Report #1) SUMMARY OF CORRESPONDENCE NOVEMBER 12, 2001 CORRESPONDENCE FOR INFORMATION 1 - 1 Minutes of the Central Lake Ontario Conservation Authority dated October 2, 2001. (Copy attached) (Receive for Information) 1 - 2 Shari Lynn Spratt, Regulatory Coordinator, Enbridge Consumers Gas, providing Council with copies of the Notice of Application together with the Application filed by Enbridge Consumers Gas regarding Enbridge Consumers Gas 2002 Test Year Rates Case. (Receive for Information) 1 - 3 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on October 24, 2001, passed the following resolution on pesticide regulation: "a) THAT Joint Report 2001 -J -5 be received for information; b) THAT Council Correspondence 2000 -485 from the City of Waterloo be received for information; and c) THAT a copy of Commissioner's Report No. 2001 -J -21 be forwarded to the Local Municipalities." (Receive for Information) 1 - 4 P.M. Madill, Regional Clerk, Region of Durham, advising The Honourable C. Hodgson, Minister of Municipal Affairs and Housing, that the Region of Durham on October 24, 2001, passed the following resolution: "a) THAT Commissioner's Report No. 2001 -P -84 be endorsed as Durham Region's submission to the Province of Ontario on the Provincial Policy Statement (PPS) review; b) THAT the Minister of Municipal Affairs and Housing be requested to provide all interested stakeholders the opportunity for comment on any proposed revisions to the Provincial Policy Statement; c) THAT a copy of Commissioner's Report No. 2001 -P -84 be forwarded to the Minister of Municipal Affairs and Housing, the local municipalities, school boards, conservation authorities and Land Division Committee; Summary of Correspondence - 2 - November 12, 2001 d) THAT Communal Services not be considered as a means of Smart Growth in rural areas; that transportation systems be planned to emphasize goods movement and transit; that overall planning be based on watersheds; and, that agricultural activities be balanced in the context of the environment." (Receive for Information) 1 - 5 The Honourable Cam Jackson, Minister of Citizenship and The Honourable Brad Clark, Minister of Transportation, providing Council with a copy of the Co- ordinated Community Transportation Resource Manual and its companion video, On the Move: Co- ordinated Community Transportation in Ontario. (Receive for Information) 1 - 6 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on October 24, 2001, passed the following resolution: "a) THAT the Municipality of Clarington be requested to provide $3,500,000 from the Darlington Generating Station Account "A" to be applied to the non - growth share of the Courtice Water Pollution Control Plant and related infrastructure costs under the following payment schedule: Amount Due Date $ 500,000 December 31, 2001 $1,000,000 July 1, 2002 $1,000,000 July 1, 2003 $1,000,000 July 1, 2004 b) THAT the Municipality of Clarington be advised that the Region of Durham agrees that the remaining balance of the Darlington Generating Station Account "A ", which is anticipated to be the interest earnings on the declining balance, may be applied to projects requested by the Municipality which meet the criteria of the existing agreement between the Region and the Municipality and are jointly approved by both parties." (Receive for Information) 1 - 7 Minutes of the Local Architectural Conservation Advisory Committee dated October 16, 2001. (Copy attached) (Receive for Information) Summary of Correspondence - 3 - November 12, 2001 1 - 8 The Honourable Brad Clark, Minister of Transportation, writing to Rick Johnson, Chair, Central Lake Ontario Conservation Authority, advising that the province is committed to the implementation of the Highway 407 East Completion. Following the success of the sale of other portions of this highway, the Ministry of Transportation and the Ontario SuperBuild Corporation are working together to develop the approach for another public - private partnership. Mr. Clark assures that environmental assessment and environmental protection are key areas that are being considered. The input of stakeholders, including federal and provincial regulatory agencies and the Central Lake Ontario Conservation Authority, will be critical to the success of the external consultation component of the Environment Assessment (EA) process. (Receive for Information) 1 - 9 Minutes of the Ganaraska Region Conservation Authority dated September 20, 2001 and October 18, 2001. (Copy attached) (Receive for Information) I - 10 Eldred King, Chairman, GO Transit, providing Council with a copy of GO Transit's "Year in Review" for 2000. (Receive for Information) I - 11 Ron Osborne, President and CEO, Ontario Power Generation (OPG) providing Council with background documentation regarding the many improvements that have been made at the Pickering B Station. The background includes a table from the Canadian Nuclear Safety Commission 2000 Annual Report that provides ratings of OPG's nuclear stations against various performance indicators; and a bar chart they have created showing the performance improvements at Pickering B against the 11 performance indicators used by the World Association of Nuclear Operators. (Receive for Information) 1 - 12 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on October 24, 2001, passed the following resolution: "THAT a Task Force comprised of the Regional Transit Coordinating Committee and the heads of Municipal Councils in Durham, chaired by Mayor Marcel Brunelle, develop a plan to consider a regional transit system." (Receive for Information) 1 - 13 Alex Shepherd, M.P., Durham, informing Council that the books of condolences sent by the municipality have been given to the U.S. Embassy in Ottawa. (Receive for Information) Summary of Correspondence - 4 - November 12, 2001 1- 14 John R. O'Toole, MPP, Durham, providing Council with a copy of a transcript from the Standing Committee on Estimates. The Standing Committee on Estimates is an all party open process that reviews each Ministry's budget, program spending and current issues. (Receive for Information) 1- 15 Agenda of the Durham Nuclear Health Committee meeting scheduled for November 23, 2001. (Receive for Information) 1 - 16 Mavis Carlton, Chair, Local Architectural Conservation Advisory Committee (LACAC) advising Council that LACAC has agreed to sponsor a meeting of the Durham Region LACACs on Sunday, November 18, 2001, at the Clarington Beech Centre. Heather Thomson, recently appointed Acting LACAC Advisor, Ministry of Tourism, Culture and Recreation will discuss provincial matters and a Director from Community Heritage Ontario will talk about that organization. Bill Humber, the author of Bowmanville, A Small Town on the Edge will discuss Heritage in the Built Environment. (Receive for Information) 1 - 17 Pina D'Intino, Canadian National Institute for the Blind (CNIB), Client Committee Service, announcing to Council their first "Technology at 'Work' 2001" fair. The goal of this event is to help in removing the barriers to employment by promoting services and tools available to increase the ability for independent living for blind, visually impaired and deaf blind individuals. They will be demonstrating how high technology equipment can facilitate education, employment options and opportunities for individuals wanting to research career opportunities, become self - employed or wanting to pursue their education. Training information and career opportunities as well as information about available resources such as financial assistance and support programs will be available. The event will take place at Durham College, 2000 Simcoe Street, Oshawa on Wednesday, November 14, 2001, from 10:00 a.m. to 6:00 p.m. (Receive for Information) 1 - 18 Ministry of Municipal Affairs and Housing, advising Council that water resources and natural features on the Oak Ridges Moraine would be protected in perpetuity by a historic and comprehensive provincial plan. Speaking at Albion Hills Conservation Area on the Moraine, Housing Minister Chris Hodgson said legislation to be introduced would, if passed by the Legislature, allow the government to protect 100 percent of natural and water resource features on the Moraine, preserve agricultural land and focus development in approved settlement areas. A clause in the legislation would prevent sensitive core and linkage areas from ever being diminished. (Receive for Information) Summary of Correspondence - 5 - November 12, 2001 1 - 19 Cam Jackson, Minister of Citizenship, providing Council with a copy of their vision statement, which celebrates Ontario's commitment to independence and opportunity for persons with disabilities. (Receive for Information) 1-20 Ministry of Municipal Affairs and Housing, advising Council that the Ontario government will introduce an Act to Improve Public Safety and to Increase Efficiency in Building Code Enforcement. If passed, this legislation would represent the most comprehensive and wide - ranging changes to the province's building code enforcement in over 25 years, improving public safety and enhancing the qualifications and accountability of building practitioners. The legislation would address the following areas: • Enhance public safety by requiring that designers and building inspectors meet qualifications around building code knowledge and by establishing new service level standards for municipalities and other local enforcement bodies; • Streamline the building approvals process and remove red tape; • Limit building permit fees to the reasonable cost of enforcement; • Allow municipalities to outsource plan review and construction inspection functions to Registered Code Agencies (RCAs); • Encourage innovation in design and construction; and • Enhance accountability among building practitioners through insurance requirements. (Receive for Information) 1 - 21 Minutes of the Bowmanville Museum Board dated October 10 and October 23, 2001. (Copy attached) (Receive for Information) 1-22 Andy Mitchell, Secretary of State, Rural Development, Federal Economic Development Initiative for Northern Ontario, writing to Council on behalf of the Honourable Brian Tobin, the Implementing Minister for the Canada Ontario Infrastructure Program (COIP), stating that the Federal Government is, and has always been, prepared to provide equal funding up to 1/3 of eligible costs on all projects supported through this program. This is their preferred method of cost sharing and it is the method employed in virtually every federal provincial infrastructure program in Canada. Mr. Mitchell assures municipalities that the Federal Government stands ready to commit its $680.7 million investment in the Canada Ontario Infrastructure Program. (Receive for Information) Summary of Correspondence - 6 - November 12, 2001 1-23 The Honourable David M. Collenette, Minister of Transport, writing to Council regarding the Government of Canada's position on funding for municipal transit. The government of Ontario would have people believe that somehow the federal government has a responsibility for making up for an urban transit funding shortfall created by the Harris government. The Province of Ontario has recently announced a partial return to provincial funding in this area after an absence in funding since 1998. While their announcement to return to the table with $300 million per year for 10 years is welcome, this is by no means a return to traditional levels of funding provided by the provincial government. Previous years saw the Province of Ontario funding 75 percent of capital costs and 50 percent of operating costs for urban transit. After a three -year absence, the Harris government has returned at long last with funding of only 33 percent and expects the municipalities and the federal government to make up the remaining 66 percent. (Receive for Information) I - 24 Audrey Bennett, Director, Ministry of Municipal Affairs and Housing, providing Council with the following information regarding the proposed Oak Ridges Moraine Conservation Act, 2001, Draft Oak Ridges Moraine Conservation Plan: 1. Draft Oak Ridges Moraine Conservation Plan; 2. News release; 3. Backgrounders on: - the proposed Oak Ridges Moraine Conservation Plan - protecting water resources and natural features - the Oak Ridges Moraine Foundation - critical Moraine land in Richmond Hill to be protected as park - flexibility for eastern municipalities on the Moraine developing a protection plan for the Oak Ridges Moraine fair treatment for applications already in development process; and 4. Draft Oak Ridges Moraine Area Land Use Designation Map (Receive for Information) CORRESPONDENCE FOR DIRECTION D - 1 Ellen Logan, Secretary /Treasurer, Bowmanville Museum, advising Council that the Bowmanville Museum Board on October 10, 2001, passed the following resolution: "THAT the Bowmanville Museum Board accept, with regret, Charles Taws' resignation as Curator of the Bowmanville Museum, effective November 24, 2001." (Motion to receive, with regret, Mr. Taws' resignation and thank him for his years of service to the Bowmanville Museum) Summary of Correspondence - 7 - November 12, 2001 D - 2 Lawson Gay, Vice President and Rick Gay, President, Gay Company Limited, writing to Council to make a request for usage of their property located at 1697 King Street West in Courtice as corporate offices. They understand that this usage will be of an Interim nature pending the resolution of the zoning issues. They do request, however, that the interim designation be left in place indefinitely or for as long as their corporate offices occupy the premises. They understand that there are many disparaging views on the outcome of the Central Corridor Study and accept that the resolution of these issues may take some time. They are willing to allow the process to take its due course and will step aside on their present OMB proceedings. (Motion to refer correspondence to the Director of Planning Services) D - 3 Carmela, Kathryn and Pat, AIDS Committee of Durham, requesting that the week of November 26 - 30, 2001, be declared AIDS Awareness Week. They are hoping to increase awareness that HIV /AIDS is no longer confined to one group of people. Anyone can, and does, become infected with HIV. It is only through increased community, national and international awareness that the spread of HIV /AIDS can be stopped. (Motion to Proclaim) D - 4 Chris Van Demark, advising Council that from conversations with his colleagues and family, banning smoking would encourage them to frequent eating establishments more often. (Motion to refer correspondence to the Senior Municipal Law Enforcement Officer) D - 5 Wilma Paul, writing to Council on behalf of the tenants of 145 Liberty Street South, Bowmanville, advising that they are not interested in purchasing the apartments they rent. Many of the residents are Seniors and have invested considerable amounts of money upgrading their apartments and were of the understanding that this was rental property, not a condominium. (Motion to refer correspondence to the Director of Planning Services) D - 6 Linda J. Laliberte, General Manager /Secretary- Treasurer, Ganaraska Region Conservation Authority, providing Council with a copy of the Ganaraska Region Conservation Authority's 2002 preliminary budget. The general levy for the Municipality of Clarington is $177,124.62. Ms. Laliberte is requesting Council's comments to be received prior to the December 13, 2001, Full Authority Meeting. (Motion to refer correspondence to the Director of Finance /Treasurer) Summary of Correspondence - 8 - November 12, 2001 D - 7 Cynthia Mearns, advising Council that she has submitted her resignation to the Clarington Public Library Board. Ms. Mearns has recently reached a point in her personal and professional life when she feels that it is time for her to move on. Ms. Mearns has accepted a position with the Pickering Public Library which will commence early in 2002. (Motion to receive, with regret, Ms. Mearns' resignation and thank her for her years of service to the Clarington Public Library Board) D - 8 Mwebaze Edward, requesting that Council sponsor him so he may attend University or College. Mr. Edward is a 22 year old, male Rwandese refugee living in Uganda. He has completed his Secondary Education from Katikamu Senior Secondary School in 1999 but has failed to go to University of College due to the lack of tuition fees. (Motion for Direction) D - 9 A.L. Georgieff, Commissioner of Planning, Region of Durham, requesting Council to nominate one individual from the following who have expressed interest in appointment to the Durham Agricultural Advisory Committee (DAAC): Tom Barrie Eric Bowman Gerald Brown Linda Gasser W.J. Hasiuk Frank Stenger W.E. `Ted' Watson Regional Planning Committee and Council will receive all nominations and appoint the DAAC membership. (Application forms have been circulated under separate cover.) (Motion for Direction)