HomeMy WebLinkAbout11/26/20011-1,
citding the Way
DATE: MONDAY, NOVEMBER 26, 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 November 12, 2001
PUBLIC MEETING
A public meeting is being held for the purpose of:
• Passing a by -law to stop, close and convey the south half of the unopened
road allowance between Lots 18 and 19, Concession 7, former Township
of Clarke, now in the Municipality of Clarington
Any person wishing to address this matter, may do so at this time.
PRESENTATIONS
Rick Paterson and the Legion Pipe Band
Rudy Vandersluis, Director of Emergency Services and Marty Epp, Manager of
Base Hospital, Lakeridge Health Oshawa, 1 Hospital Court, Oshawa, L1 G 2139 -
Public Access Defibrillators
Rick Pigeon, Chief Building Official - Amendments to the Building Code Act
DELEGATIONS
1. Terry Hutchinson, Chair, Samuel Wilmot Nature Area Management
Committee, R.R. #5, Bowmanville, L1C 3K6 - Annual Report
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - November 26, 2001
2. Evelyn Stroud, 89 Little Avenue, Bowmanville, L1 C 1 J9 - Safety in Public
Locations
3. Bob Clarke, 89 Darren Crescent, Cambridge, N3C 3Y9 - By -law 2001 -206
4. Ralph Whyte, Hugil Hill, 6133 -C1, Coboconk, KOM 1 KO - Confidential
Property Matter
COMMUNICATIONS
Receive for Information
1- 1 Minutes of the Animal Advisory Committee dated October 10, 2001
1 - 2 Larry O'Connor, Chair, Durham Advisory Committee on Homelessness,
Region of Durham - Community Plan for Homelessness in Durham
1 - 3 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham -
Durham Agricultural Advisory Committee
1 - 4 P.M. Madill, Regional Clerk, Region of Durham - Property Survey of
Private Sewage Disposal Systems - Orono Urban Area
1 - 5 Joanne Jackson, Station Manager, Rogers Television, Durham -
Broadcasting Groups
1 - 6 Federation of Canadian Municipalities - National Guide to Sustainable
Municipal Infrastructure: Innovations and Best Practices
I - 7 Anne Powell, Director - Distribution Regulation, Regulatory Affairs, Hydro
One Networks Inc. - Rates
1 - 8 Minutes of the Clarington Agricultural Advisory Committee meeting dated
October 11, 2001
1 - 9 Michael Hackenberger, Director, Bowmanville Zoo - Gesture of Sympathy
I - 10 Ministry of Citizenship - Ontarians with Disabilities Act
I - 11 James M. Flaherty, Minister of Finance and Chris Hodgson, Minister of
Municipal Affairs and Housing - Community Reinvestment Fund
1- 12 P.M. Madill, Regional Clerk, Region of Durham - Community Safety Zone
Warrant
1- 13 Steve Rowland - Elgin Street Bridge
Council Agenda - 3 - November 26, 2001
I - 14 Viola Ashton, President, The Clarington Older Adult Association - Property
Assessment Issue
1 - 15 Protect The Ridges -Groundwater Testing and Bioaerosol Study
- 16 Isabelle Jones, Director, The Salvation Army - Request for Support
Receive for Direction
D - 1 Eldred R. King, Chairman, GO Transit - Development Charges and
Providing Financial Securities
D - 2 Bruce Gilbert, Coordinator - Newcastle Family Celebration
D - 3 Ministry of Municipal Affairs and Housing - Smart Growth Management
Councils
D - 4 Wanda Pitchforth, Executive Director, LiNDR, Literacy Network of Durham
Region - Family Literacy Week
D - 5 David Clark, Executive Vice President, Corporate Affairs, Veridian
Corporation - Inter - creditor Agreement
D - 6 Dianne Hill, CAO /Clerk, the Township of Havelock - Belmont- Methuen -
Standardize Health Services
D-7 Brad Savage, Resource Development Co- ordinator, Junior Achievement
Durham Region - Service Clubs /Community Groups Signs
D - 8 Elisha MacMillan - Request for Financial Support
D - 9 John Thomson, Chair, Orono Crown Lands Trust - Request for Financial
Support
X • •
NOTICE OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of
November 19, 2001
UNFINISHED BUSINESS
BY-LAWS
Council Agenda - 4 - November 26, 2001
OTHER BUSINESS
Verbal Report from Councillor Trim - Public Transit
2. Regional Update
3. Boards and Committees Update
4. Confidential Personnel Matter
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
SUMMARY OF CORRESPONDENCE
NOVEMBER 26, 2001
CORRESPONDENCE FOR INFORMATION
1 - 1 Minutes of the Animal Advisory Committee dated October 10, 2001. (Copy
attached)
(Receive for Information)
1 - 2 Larry O'Connor, Chair, Durham Advisory Committee on Homelessness,
Region of Durham, providing Council with a copy of the Community Plan
for Homelessness in Durham. This plan has been developed in
consultation with individuals, community organizations, government
agencies, as well as elected officials. The Plan provides a comprehensive
review of the issues related to homelessness across Durham Region and
documents the availability of programs and services to people who are
homeless or at risk of becoming homeless. It identifies gaps in existing
services, areas that need to be enhanced in order to reduce
homelessness in Durham, as well as the need for a consistent approach
for groups wanting to access funding for homelessness initiatives.
(Receive for Information)
1 - 3 Nestor Chornobay, Director, Strategic Planning Branch, Region of
Durham, advising that the Region of Durham on October 30, 2001, passed
the following resolution regarding the Durham Agricultural Advisory
Committee:
"a) THAT Commissioner's Report No. 2001 -P -91 be received for
information; and
b) THAT a copy of Commissioner's Report No. 2001 -P -91 be
forwarded to the local municipalities and the Durham Region
Federation of Agriculture."
(Receive for Information)
1 - 4 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on November 14, 2001, passed the following
resolution:
"a) THAT Regional Council concur with the findings and
recommendations of the study "Property Survey of Private
Sewage Disposal Systems - Orono Urban Area ", September
2001, prepared by Jagger Hims Limited; and
Summary of Correspondence - 2 - November 26, 2001
b) THAT the actions recommended by the study "Property
Survey of Private Sewage Disposal Systems - Orono Urban
Area" be implemented as follows:
i) THAT the funds necessary to encourage the use of
water efficient fixtures in Orono be budgeted for in the
2002 Water Supply Capital Budget;
ii) THAT the Ontario Ministry of Agriculture, Food and
Rural Affairs, be requested to review local farming
practices surrounding Orono, to address potential
impacts on the natural environment and water quality
in the Wilmot Creek;
iii) THAT the road maintenance operations in Orono with
respect to ice control be reviewed with the
Municipality of Clarington in order to minimize the
potential impact on surface and groundwater quality;
and
iv) THAT information on water quality testing and
maintenance procedures for private wells in Orono be
provided; and
C) THAT a copy of Report #2001 -J -23 be forwarded to the
Municipality of Clarington."
(Receive for Information)
1 - 5 Joanne Jackson, Station Manager, Rogers Television, Durham, reminding
Council of the contributions made by Rogers Television to the community.
Council may have been contacted recently by several broadcasting
groups asking for endorsement of their application for a new commercial
television station for the 905 belt. Rogers Television in Durham is proud
of its commitment to local programming. Last year, our local Rogers
Television station produced over 700 hours of original, local programming.
The Durham station also contributed to the GTA total of 280 hours of
original, local programming per week. This included gavel to gavel
coverage of municipal council and regional council meetings. Their daily
local news program recently rebranded as First Local News is dedicated
to the issues and stories of this region only. Just this past month of
October they produced 216 local news and information stories in the
Durham community. At Rogers Television, they are part of the
community. The staff and volunteers are involved with schools,
community groups and local charities. They understand there may be a
desire to get a new commercial television station in this market, but they
hope it won't come at their expense.
(Receive for Information)
Summary of Correspondence - 3 - November 26, 2001
1 - 6 Federation of Canadian Municipalities, advising Council that the National
Guide to Sustainable Municipal Infrastructure: Innovations and Best
Practices is a project funded under the Infrastructure Canada Program
and implemented by a partnership of the Federation of Canadian
Municipalities (FCM) and the National Research Council (NRC) and a
community of participants and professional associations. The aim of the
Guide is to assist municipalities with decisions regarding the long term
planning and prioritizing of funding allocations for municipal infrastructure,
and in the selection of the best technical solutions to the infrastructure
challenges which municipalities face. Sixteen subjects have been chosen
as the first priorities for the Scans. The Scans have been awarded to
consulting firms that will be gathering information regarding the present
use of best practices in municipal government.
(Receive for Information)
-7 Anne Powell, Director - Distribution Regulation, Regulatory Affairs, Hydro
One Networks Inc., providing Council with a copy of Hydro One Networks'
submissions to the Board on retail transmission service rates, wholesale
market service rates and standard supply service rates as filed with the
Board on November 5, 2001. These proposed rates will only come into
effect when the electricity market is opened to competition. The proposed
rates recover costs incurred by Networks to bring the electricity commodity
to its distribution system.
(Receive for Information)
1 - 8 Minutes of the Clarington Agricultural Advisory Committee meeting dated
October 11, 2001. (Copy attached)
(Receive for Information)
1 - 9 Michael Hackenberger, Director, Bowmanville Zoo, thanking Council for
their gesture of sympathy after Bongo's death. He can't believe the
outpouring of sympathy they have received from friends and associates
within the community. It stands as proof of how special a lion Bongo was
to everyone who knew him, not just his closest friends and family at the
zoo. On a more positive note, they are thrilled to announce that Bongo's
companion, Gracie, the lioness is pregnant. The birth date has been
established as some time at the beginning of December.
(Receive for Information)
1 - 10 Ministry of Citizenship, providing Council with a copy of the proposed
Ontarians with Disabilities Act. The ground- breaking legislation being
proposed is aimed at increasing accessibility, opportunity and
independence for Ontarians with disabilities, and puts persons with
disabilities at the forefront of change for the first time.
(Receive for Information)
Summary of Correspondence - 4 -
November 26, 2001
1- 11 James M. Flaherty, Minister of Finance and Chris Hodgson, Minister of
Municipal Affairs and Housing, announcing that for 2002 the, Community
Reinvestment Fund (CRF) will continue to be linked to the Local Service
Realignment (LSR). A year -end reconciliation for 2001 will be done in
October 2002. Specific details on the calculations of the 2002 CRF
allocation will follow. They are also pleased to announce that, in light of
the recent Provincial announcement on municipal transit funding and its
impact on the CRF formula, the Province is establishing the new "Transit
Bonus" in addition to the CRF Base, CRF Bonus and Supplementary
Assistance.
(Receive for Information)
1 - 12 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on November 14, 2001, passed the following
resolution:
"a) THAT the proposed Community Safety Zone Warrant be
approved;
b) THAT Community Safety Zones be installed only at specific
sites where significant improvements to traffic safety can be
realized, and where the Durham Regional Police Service can
provide consistent levels of enforcement to ensure the
effectiveness and continuance of the program;
c) THAT the Ontario Traffic Conference and the Province be
requested to review the design of the existing Community
Safety Zone signs and the judicial application of the
legislated fine structure; and
d) THAT a copy of Report #2001 -W -132 of the Commissioner
of Works be forwarded to the Area Municipalities, the
Durham Regional Police Service and the Ontario Traffic
Conference."
(Receive for Information)
1- 13 Steve Rowland, advising Council, that in is opinion the repairs to the Elgin
Street bridge look like they have been completed by children.
(Receive for Information)
I - 14 Viola Ashton, President, The Clarington Older Adult Association, thanking
Council and Nancy Taylor, Director of Finance for the assistance provided
in resolving the property assessment issue. The Association would not
been able to provide the service it does if this assessment issue had
become a reality.
(Receive for Information)
Summary of Correspondence - 5 - , November 26, 2001
1 - 15 Co- chairs of the Protect The Ridges writing to Peter Balaban, District
Manager, York - Durham District Office, Ontario Ministry of the
Environment, advising that they have concerns and requesting information
regarding the groundwater testing and bioaerosol study. Protect the
Ridges are requesting that the Ministry provide the community with
conclusive proof that the Clarington Pit, Sound -sorb berm or `composting'
facility present no threat to the local environment and water wells that they
rely on.
(Receive for Information)
1 - 16 Isabelle Jones, Director, The Salvation Army, advising of the Christmas
Appeal which helps to ease the struggles of so many people in our
community. It is their desire to help those in need, by supplying a
traditional Christmas dinner and gifts, for children 16 and under. The
outreach to the needy by The Salvation Army has been a century long
wonder, made possible by the kindness and generosity of millions of
Canadians.
(Receive for Information)
CORRESPONDENCE FOR DIRECTION
D - 1 Eldred R. King, Chairman, GO Transit, requesting Council to place GO
Transit on an exemption list regarding development charges or providing
financial securities. At present, when GO initiates an infrastructure
project, they submit the appropriate drawings and information for site plan
approval, and obtain an appropriate building permit. They comply with
municipal requests to dedicate land for road widening purposes, in
accordance with Section 41 of the Planning Act. As they are currently
subject to Section 41, they will continue to transfer land at no cost until GO
Transit reverts back to the Province. GO has recently had to consider
municipal requests to pay development charges or provide financial
security such as letters of credit for their station projects in several
municipalities. They have protested these requests, as, in their view,
construction at GO stations is exactly the type of infrastructure for which
development charges are imposed in the first place. In addition, they do
not think it is appropriate for one public agency to require another public
agency to provide financial security such as letters of credit.
(Motion to refer correspondence to the
Director of Planning Services and the
Director of Finance /Treasurer)
Summary of Correspondence - 6 - November 26, 2001
D - 2 Bruce Gilbert, Coordinator, requesting permission to use the Andrew
Street Parkette from 3:00 p.m. to 10:00 p.m. for the 3rd annual Newcastle
Family Celebration on Sunday, December 30, 2001. As in previous years,
this celebration. will be a community event during which time families of
their neighbourhood can join together for a variety of fun, food and a
pyrotechnic show that will be put on by a licensed pyrotechnics specialist.
(Motion to grant exemption to
Section 2 (1) of the fireworks by -law
92 -160 and approve request for use of
the park provided set up and clean up is
done at the organizers costs and to the
satisfaction of the Director of
Operations)
D - 3 Ministry of Municipal Affairs and Housing, inviting Council to comment on
the new Smart Growth management councils that will guide the way our
province grows. The province is asking the public and stakeholders to
offer their ideas on the mandate of these councils, who should sit on them
and the boundaries of the zones they would cover. The primary functions
of the management councils would be to develop Smart Growth
management plans which provide a long -term vision for economic growth
along with strategies to improve the quality of life and protect the
environment in each zone.
(Motion to refer correspondence to the
Director of Planning Services)
D - 4 Wanda Pitchforth, Executive Director, Literacy Network of Durham
Region, requesting Council to proclaim January 25 to February 1, 2002,
Family Literacy Week. Literacy Network of Durham Region is committed
to providing support and direction to literacy activities in the Durham
Region. On October 6, 2000, they launched the Family Literacy Kit which
they designed to promote family literacy and learning for life.
(Motion to Proclaim)
D - 5 David Clark, Executive Vice President, Corporate Affairs, Veridian
Corporation, requesting Council to execute an inter - creditor agreement
between the Bank of Nova Scotia, the Town of Ajax, the City of Belleville,
the Municipality of Clarington, the City of Pickering, Veridian Corporation
and Veridian Connections Inc. confirming the subordinated ranking of
municipally held promissory notes to the senior debt financing to be issued
by Veridian Corporation.
(Motion to approve the agreement and
authorize the Mayor and Clerk to
execute same)
Summary of Correspondence - 7 - November 26, 2001
D - 6 Dianne Hill, CAO /Clerk, the Township of.Havelock- Belmont- Methuen,
advising Council that the Township of Havelock - Belmont- Methuen on
November 6, 2001, passed the following resolution:
"WHEREAS every resident of the Province of Ontario is entitled to
standardized health services;
AND WHEREAS the Province of Ontario sets the regulations for
these services;
AND WHEREAS the Province of Ontario has downloaded the
ambulance service to the County;
AND WHEREAS each County has determined how this service will
be provided, be it a County Service, or privatized;
AND WHEREAS this defeats the intention of a standardized
ambulance service;
AND WHEREAS the Province of Ontario has withdrawn large sums
of funding through Community Access Centres, which provided
home care services;
AND WHEREAS the intent was to relieve the large cost of
emergency rooms, ambulance and fire, by providing the home care
services;
AND WHEREAS, it has come to the point of the ability of each
municipality to be able to pay for various health services;
AND WHEREAS each municipality, depending on their ability to
pay, will receive a different level of service;
NOW THEREFORE BE IT RESOLVED, that the Council of the
Township of Havelock - Belmont- Methuen, hereby requests, every
municipality in the Province of Ontario to petition their Members of
Provincial Parliament and their Federal Member of parliament to
return our former health system, within the Province of Ontario;
AND THAT they assume full financial responsibility for a
standardized health system.
(Motion for Direction)
Summary of Correspondence - 8 - November 26, 2001
D - 7 Brad Savage, Resource Development Co- ordinator, Junior Achievement
Durham Region, requesting Council to consider them for inclusion on the
Service Clubs /Community Groups signs at the entrance to urban areas
within Clarington. Junior Achievement serves all of Durham Region and is
represented on a continuing basis in Clarington's public and separate
schools. In addition, they are grateful for the volunteer and investor
support generated by members of this municipality. Each year, Junior
Achievement of Durham Region programs in school such as Business
Basics, which provides Grade 5 and 6 pupils with information on
organization and operation of business; and the Economics of Staying In
School for Grade 8 children, a comprehensive program that influences
those at risk of leaving school prematurely and reinforces those who
intend to graduate. Their organization is non - profit and while they are not
a service club, they are a community -based service with a volunteer board
of directors drawn from local sources.
(Motion for Direction)
D - 8 Elisha MacMillan, requesting financial support for the chance to help
children in Thailand learn English. Ms. MacMillian is a resident of
Bowmanville and is currently attending Bowmanville High School at the
OAC level. She has been planning an exchange to Thailand, through the
school co -op, for ten months now, where she will teach English for half of
next semester and work in an orphanage or hospital for the second half.
The total cost of the exchange is $6500.00. She has already paid
$2000.00 that she saved from working at her part -time job at McDonalds
and had an agreement from an individual that they would sponsor her an
additional $2500.00. This sponsorship fell through and she now owes
$2500.00 as of December 1 or her trip will be cancelled. Ms. MacMillian
has turned to many businesses and they have all declined.
(Motion for Direction)
D - 9 John Thomson, Chair, Orono Crown Lands Trust, requesting funding from
the municipality for some of their start -up and property improvement costs
regarding the Orono Crown Lands. The Orono Crown Lands Trust has
successfully negotiated a partnership agreement with the Ministry of
Natural Resources to provide ongoing stewardship for the approximately
1100 acre Orono Crown Lands. They have recently completed their first
major maintenance project which included the re- cutting of the fire breaks
and the opening of the major vehicle roads through -out the property.
Some future near term projects include erecting a gate at the west end of
the bridge over Wilmot Creek, to limit unauthorized vehicle access to the
property. They also plan re- vegetation of the area surrounding the
Second Flume. The Orono Crown Lands Trust is a volunteer organization
formed to provide and supervise the day -to -day operation, management
and maintenance of this valuable natural resource.
(Motion for Direction)
REVISED
SUMMARY OF BY -LAWS
NOVEMBER 26, 2001
BY -LAWS
2001 -190 being a by -law to stop up and close as public highway Parts 1, 2
and 3, and approve conveyance of Parts 1, 2, 3 and 4 on
Reference Plan 40R- 20791, and to repeal By -law 2001 -183 (Third
and final reading only)
2001 -197 being a by -law to amend By -law 86 -112, a by -law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington (Item #3 of Report #1)
2001 -198 being a by -law to amend By -law 86 -112, a by -law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington (Item #3 of Report #1)
2001 -199 being a by -law to amend By -law 86 -112, a by -law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington (Item #3 of Report #1)
2001 -200 being a by -law to amend By -law 86 -112, a by -law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington (Item #3 of Report #1)
2001 -201 being a by -law to establish, lay out and dedicate certain lands as
public highways and to assume certain streets within the
Municipality of Clarington as public highways in the Municipality of
Clarington (Item #9 of Report #1)
2001 -202 being a by -law to designate a certain portion of Registered Plan
40M -2064 as not being subject to Part Lot Control (Item #7 of
Report #1),
2001 -203 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and Langley Utilities Contracting,
Bowmanville, Ontario, to enter into an agreement for the Street and
Walkway Lighting at Various Locations (Item #12 of Report #1)
2001 -204 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and Ron Robinson Ltd., Bowmanville,
Ontario, to enter into an agreement for the Guildwood Park
Construction, Bowmanville, Ontario (Item #2 a of Report #1)
vE
,�
REVISED
SUMMARY OF BY -LAWS
NOVEMBER 26, 2001
BY -LAWS
2001 -190 being a by -law to stop up and close as public highway Parts 1, 2
and 3, and approve conveyance of Parts 1, 2, 3 and 4 on
Reference Plan 40R- 20791, and to repeal By -law 2001 -183 (Third
and final reading only)
2001 -197 being a by -law to amend By -law 86 -112, a by -law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington (Item #3 of Report #1)
2001 -198 being a by -law to amend By -law 86 -112, a by -law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington (Item #3 of Report #1)
2001 -199 being a by -law to amend By -law 86 -112, a by -law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington (Item #3 of Report #1)
2001 -200 being a by -law to amend By -law 86 -112, a by -law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington (Item #3 of Report #1)
2001 -201 being a by -law to establish, lay out and dedicate certain lands as
public highways and to assume certain streets within the
Municipality of Clarington as public highways in the Municipality of
Clarington (Item #9 of Report #1)
2001 -202 being a by -law to designate a certain portion of Registered Plan
40M -2064 as not being subject to Part Lot Control (Item #7 of
Report #1),
2001 -203 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and Langley Utilities Contracting,
Bowmanville, Ontario, to enter into an agreement for the Street and
Walkway Lighting at Various Locations (Item #12 of Report #1)
2001 -204 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and Ron Robinson Ltd., Bowmanville,
Ontario, to enter into an agreement for the Guildwood Park
Construction, Bowmanville, Ontario (Item #2 a of Report #1)
Summary of By -laws - 2 - November 26, 2001
2001 -205 being a by -law to amend By -law 84 -63, the Comprehensive By -law
for the Corporation of the Municipality of Clarington (Ontario
Independent Crematoriums Limited)
2001 -206 being a by -law to authorize an inter - creditor agreement between
the Bank of Nova Scotia, the Town of Ajax, the City of Belleville, the
Municipality of Clarington, the City of Pickering, Veridian
Corporation and Veridian Connections Inc.
2001 -207 Being a by -law to appoint Grant Ashton and Bill Jackson as By -law
Enforcement Officers