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HomeMy WebLinkAbout01/28/2002i Leading the Way DATE: MONDAY, JANUARY 28, 2002 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 January 14, 2002 PRESENTATIONS Roger Anderson, Chairman, Regional Municipality of Durham - Annual Visit Sandra Keast, Pathfinders - Duke of Edinborough Bronze Awards Clarington Youth Advisory Committee - Art Contest Ontario Heritage Foundation Recognition Program - Phyllis Dewell and Frank Lockhart DELEGATION 1. Sher Leetooze and Bob Radcliffe, President, Toronto Cornish Association, 80 Roser Crescent, Bowmanville, L1 C 3N9 - Toronto Cornish Association Event, Clarington 2003 COMMUNICATIONS Receive for Information 1- 1 Minutes of the Animal Advisory Committee meeting dated December 12, 2001 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - January 28, 2002 1 - 2 John O'Toole, MPP, Durham -Assessment of the Darlington Nuclear Generating Station 1 - 3 Big Bike for Stroke Chain Letter - Big Bike 1 - 4 R.A. Fowler, Secretary, Ontario Property and Environmental Rights Alliance - Bi- Annual Edition "Up- Date" 1 - 5 Sylvia Pivko, Executive Director, Durham Family Court Clinic -Celebrating Success Report and Poster 1 - 6 Jack Layton, President, Federation of Canadian Municipalities (FCM) - FCM -CH2M Hill Sustainable Community Awards 1 - 7 K.W. Thompson, Director of Environmental Services, Durham Region - Ontario Superbuild Corporation 1 - 8 Brian C. Lemon, Chief Executive Officer, Lakeridge Health - Ministry's Review of Lakeridge Health 1 - 9 Minutes of the Central Lake Ontario Conservation Authority dated January 15, 2002 I - 10 Phil LeSauvage, Ontario Power Generation - Restructuring Plan I - 11 Sandra Kranc, City Clerk, City of Oshawa - Ward System Method 1- 12 Suzanne Stickley, Communications Officer, AECL, Low -Level Radioactive Waste Management Office Receive for Direction D - 1 Douglas M. Cunningham, Cunningham & Maxwell - Newcastle Recycling D - 2 Mrs. Kingston - Ban of Pesticides D - 3 Barbara L. Lee - Durham Dragons Special Hockey Association D - 4 Lynn Cassidy, Executive Director, Ontario Charitable Gaming Association, (OCGA) - Smoking By -law D - 5 Doug McFeeters - Proposed Zoning Amendments, Baseline Road and Spry Avenue, Bowmanville D - 6 Ellen Logan, Secretary/Treasurer, Bowmanville Museum Board - Resignations from the Bowmanville Museum Board Council Agenda - 3 - January 28, 2002 D - 7 Dave Renaud, President, CAW - Smoking By -law D - 8 Terry McCarl, President, East Durham Unit, Canadian Cancer Society - Smoking By -law D - 9 Petition from residents of Edward Street East in Newcastle - Traffic D - 10 Joyce Devonshire, Regional & Unit Coordinator, East, The Kidney Foundation - Kidney Month D - 11 Alexander M. Lyall - Eliminate Signs D - 12 Nancy Michie, Clerk- Treasurer, Municipality of Morris- Turnberry - Line Fences Act D - 13 Frank Hoar, Secretary, Newcastle -Bond Head Ratepayers Association - Intersection of Mill Street and Port of Newcastle Drive D - 14 Karen Yellowlees, Secretary- Treasurer, Durham Region Federation of Agriculture (DRFA) - Resignation D - 15 Kevin Gaskin- Paramedic Coverage D - 16 Arnold Rosenburg, Clerk- Administrator, Township of Chatsworth - Small Water Systems D - 17 Francis and Erla Jose - Walbridge Park, Newcastle MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of January 21, 2002 UNFINISHED BUSINESS 1. Addendum to Report COD - 002 -02 - RFP2001 -8, Provision of Group Benefits Consulting and Related Services BY -LAWS Council Agenda - 4 - January 28, 2002 OTHER BUSINESS a) Regional Update b) Committees /Boards Update c) Appointment to the Clarington Traffic Management Committee BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT SUMMARY OF CORRESPONDENCE JANUARY 28, 2002 CORRESPONDENCE FOR INFORMATION 1 - 1 Minutes of the Animal Advisory Committee meeting dated December 12, 2001. (Copy attached) (Receive for Information) 1 - 2 John O'Toole, MPP, Durham, thanking Council for copying him on the November letter to Minister Flaherty regarding assessment of the Darlington Nuclear Generating station, along with other nuclear power stations in Ontario for the purpose of property taxation. (Receive for Information) 1 - 3 Big Bike for Stroke Chain Letter, advising Council that the Big Bike is riding into town on Saturday, May 25, 2002. Register your team by Friday, January 25 for the change to win a wonderful golf package at Royal Ashburn Golf Club. Golf nine holes, share a cart and enjoy a delicious dinner for two. Stroke is the leading cause of adult neurological disability. One - quarter of stoke victims are under age 55. About 50,000 new strokes reported in Canada annually. Cost to Canadian economy in one year is $3 billion. (Receive for Information) 1 - 4 R.A. Fowler, Secretary, Ontario Property and Environmental Rights Alliance (OPERA), providing Council with a copy of its first bi- annual edition "Up- Date ". (Copy attached) (Receive for Information) 1 - 5 Sylvia Pivko, Executive Director, Durham Family Court Clinic, providing Council with a copy of their Celebrating Success Report and Poster. The Report and Poster are intended to be used as a catalyst to promote dialogue, understanding and enhanced commitment to assist at -risk youth and families and thereby help build a stronger community for all member. (Receive for Information) 1 - 6 Jack Layton, President, Federation of Canadian Municipalities (FCM), advising Council of the FCM -CH2M Hill Sustainable Community Awards. Awards submissions must be received by February 22, 2002. Each municipal government may submit a maximum of two projects. They encourage communities with innovative projects in the following categories to apply: buildings, fleet management, renewable energy, solid waste, sustainable transportation, wastewater, water and integrated (projects covering more than one category) (Receive for Information) Summary of Correspondence - 2 - January 28, 2002 1 - 7 K.W. Thompson, Director of Environmental Services, Durham Region, writing to Ontario Superbuild Corporation, requesting Superbuild to consider including criteria for water supply and sanitary sewerage infrastructure within the regions of the Greater Toronto Area in order to resolve servicing issues for communities with private wells and sewage disposal systems. (Copy attached) (Receive for Information) 1 - 8 Brian C. Lemon, Chief Executive Officer, Lakeridge Health, updating Council on the status of the Ministry's review of Lakeridge Health that was announced last fall. In fact, the Ministry only recently issued a Request for Proposal (RFP) to select the review team. The RFP submission deadline was January 25. The Request for Proposal states "The Ministry of Health and Long Term Care is issuing this RFP to select a Respondent to perform an independent focused review of capital redevelopment issues at Lakeridge Health Corporation." (Receive for Information) 1 - 9 Minutes of the Central Lake Ontario Conservation Authority dated January 15, 2002. (Copy attached) (Receive for Information) 1 - 10 Phil LeSauvage, Ontario Power Generation, advising Council that they have announced a restructuring plan that will lead to a company -wide staff reduction of approximately 17 per cent, representing about 2000 positions. The company expects the reductions to be achieved equally over each of the next two years. In addition, a number of staff currently located at Head Office will be redeployed closer to Ontario Power Generation's generating stations. (Receive for Information) I - 11 Sandra Kranc, City Clerk, City of Oshawa, advising the Region of Durham that the City of Oshawa on January 14, 2002, passed the following resolution: "THAT whereas the citizens of the City of Oshawa have endorsed the ward system method of municipal election through a number of referendums; AND WHEREAS the ward system method of municipal election allows for representation from all geographic areas of our City, including our rural communities; AND WHEREAS members of City Council are openly discussing reverting back on an at -large method of municipal election; BE IT RESOLVED that the Council of the City of Oshawa continues to endorse the ward system method of municipal election for both Regional and Local Councillors." (Received for Information) Summary of Correspondence - 3 - January 28, 2002 1 - 12 Suzanne Stickley, Communications Officer, AECL, Low -Level Radioactive Waste Management Office, advising Council that they will be holding an Open House focusing on the Port Granby Project under the Port Hope Area Initiative on Tuesday, February 5, 2002, from 3:00 p.m. to 9:00 p.m. at the Newtonville Community Hall. Briefings and forums will be held at 4:00 p.m. and 7:00 p.m. (Receive for Information) CORRESPONDENCE FOR DIRECTION D - 1 Douglas M. Cunningham, Cunningham & Maxwell, representing the concerns of the Committee of Clarke Constituents regarding Newcastle Recycling. Based on information from their client, it appears that, as part of its operations, Newcastle Recycling accepts and dismantles automobiles and other vehicles, refrigeration equipment, and various household appliances and other items. Materials which are not recovered or recycled are strewn all over the site for prolonged periods. This practice, of course, raises the issue whether the site itself is being used as a waste disposal site in the absence of appropriate authorization. It is also their understanding that Environment Canada has recently shown interest in the company because of the potential adverse environmental impact of Newcastle Recycling's operations on the local watershed. The property where Newcastle Recycling operates is immediately north of the former landfill site and surface water and groundwater from both properties drains into the same creek and river system. Mr. Cunningham is requesting that the Municipality keep the Committee of Clarke Constituents informed about the developments relating to the current and any other enforcement actions relating to Newcastle Recycling. (Motion to refer correspondence to the Director of Planning Services and the Municipal Clerk) D - 2 Mrs. Kingston, opposing the phase out and possible ban of pesticides on private property. As a responsible home - owner, she works hard at maintaining her property. She cherishes the quiet enjoyment of her home and landscape and does not want that diminished. (Motion to refer correspondence to the Director of Operations) D - 3 Barbara L. Lee, inviting Council to become involved in the organizing, promoting and financial sponsorship of the Durham Dragons Special Hockey Association. The purpose of this association is to provide a program for amateur athletes with developmental disabilities from all over Durham Region, to participate in the sport to hockey. Disabilities include: Cerebral Palsy, Autism, Down's Syndrome, etc. In March 2002, the Durham Dragons will participate in the International Tournament which will be held in Albany, New York. Individual /business sponsorships as well as Municipal grants are being sought to alleviate the costs of travel, accommodation, food as well as a team warm up suite for all players. Summary of Correspondence - 4 - January 28, 2002 In March 2003, Durham will be hosting the International Tournament and ice time has already been booked at Iroquois Park facilities. The costs for ice time alone is $10,000. Large sponsorships are being sought for this exciting opportunity for the communities /players of Durham Region. (Motion to refer correspondence to the Director of Community Services) D - 4 Lynn Cassidy, Executive Director, Ontario Charitable Gaming Association, (OCGA), writing to Regional Council on behalf of many charities and non- profit organizations that raise funds through licensed bingos regarding removing the smoking by -law exemption from bingo halls. They are requesting that Regional Council give very serious consideration to the impact that removing this exemption will have non the ability of charities to raise much needed funds for the community. A 100% smoke -free environment simply does not reflect the reality of the charity bingo environment and obvious preference of the large percentage of the patrons. This is confirmed by the experience in the Region of Waterloo. If Council should implement a by -law requiring that bingo halls be 100% smoke free, providing compensation to charities and non - profits to meet their fundraising needs must be considered. (Motion to refer correspondence to the Municipal Clerk) D - 5 Doug McFeeters, writing to Council stating his objection to the proposed zoning amendments regarding the area of Baseline Road and Spry Avenue, Bowmanville, File #18T -93008 and ZBA.2001.025 submitted by Weston Consulting Group Inc. and Goodyear. This area has been a pasture and a terrific green belt along the Bowmanville Creek -- although private property on both sides, past owners have objected little of trespassers. (Motion to refer correspondence to the Director of Planning Services) D - 6 Ellen Logan, Secretary /Treasurer, Bowmanville Museum Board, advising Council that she has received three resignations from the Bowmanville Museum Board including Tim Tufts, Dianne McKenzie and Wayne Marquis. She is requesting these vacancies to be filled as soon as possible. (Motion to refer correspondence to the Municipal Clerk and to thank these individuals for their dedication and service) Summary of Correspondence - 5 - January 28, 2002 D - 7 Dave Renaud, President, CAW, advising Council that the CAW feels that the time has come for Durham Regional Council to ban smoking in restaurants and bars. The CAW Durham Regional Council represents 10 different CAW Locals in the Durham Region, with a membership base of approximately 33,500 members. Their executive has determined from scientific research which has been conducted over the last decade, that second -hand tobacco smoke is harmful and should be eliminated. (Motion to refer correspondence to the Municipal Clerk) D - 8 Terry McCarl, President, East Durham Unit, Canadian Cancer Society, requesting Council to support the recommendation of the Health and Social Services Committee related to a regional by -law regulating smoking in public places and workplaces. As noted in their letter of December 3, 2001, smoke -free by -laws are designed for a single purpose: to protect non - smokers from the known hazards of second -hand smoke. (Motion to refer correspondence to the Municipal Clerk) D - 9 Petition from residents of Edward Street East in Newcastle, advising Council that they are concerned regarding traffic in their area. It has become a very busy area, especially during school hours. There are many drivers surpassing the speed limit on both Edward and Glass Court, especially during morning and afternoon drop- off /pick -ups at the school. They are also concerned about the number of drivers who fail to stop at the posted stop sign at Edward and Glass and fail to yield to pedestrians trying to cross this busy intersection. (Motion to refer correspondence to the Director of Engineering and to the Durham Regional Police) D - 10 Joyce Devonshire, Regional & Unit Coordinator, East, The Kidney Foundation, requesting Council to proclaim the month of March as Kidney Month and raise The Kidney Foundation of Canada flag. The Kidney Foundation of Canada reaches out to the public to increase their awareness of kidney disease and the serious impact it has on those who suffer as well as on their families. At the same time, they hold a residential canvass to raise money for the services that the Foundation is able to provide to our fellow residents. (Motion to Proclaim and approve flag raising) D - 11 Alexander M. Lyall, requesting Council to eliminate signs that seem to be springing up everywhere in Clarington and Durham. To the best of his knowledge these signs not only contravene Clarington's by -laws but the Ontario Highway Traffic Act as a number of them are on the road allowance and in some cases the shoulder of the road. They do not enhance our community. (Motion to refer correspondence to the Municipal Clerk) Summary of Correspondence - 6 - January 28, 2002 D - 12 Nancy Michie, Clerk- Treasurer, Municipality of Morris - Turnberry, advising Council that the Municipality of Morris - Turnberry on January 15, 2002, passed the following resolution: "WHEREAS the Province of Ontario has a Line Fences Act in force to be used to solved Line Fence disputes; AND WHEREAS an owner dissatisfied with the award may appeal to a Provincial referee to the appeals division, whereby the referee shall hold a hearing to review the award; AND WHEREAS the referee will prepare a Line Fence Referee Award pursuant to the Line Fences Act; AND WHEREAS it is set out in the Line Fences Act that the costs for construction of the Line Fence can be placed on the collector's roll ... in the same manner as taxes; however it is apparent that the costs are not deemed to be taxes and therefore the lands cannot be sold for payment thereof; THEREFORE BE IT RESOLVED THAT the Province of Ontario amend the Line Fences Act to ensure that the Line Fenceviewer's Award and Line Fence Referee Award shall be enforced and that legislation be in place so that the costs to honour an award may be collected by the Municipality under the Municipal Tax Sales Act; AND FURTHER THAT the resolution be circulated to all Municipalities in Ontario, A.M.O., Ministry of Agriculture, Food and Rural Affairs, Ministry of Municipal Affairs and all local MPP's." (Motion to refer correspondence to the Municipal Clerk) D - 13 Frank Hoar, Secretary, Newcastle -Bond Head Ratepayers Association, requesting that Council make the intersection of Mill Street and Port of Newcastle Drive a 4 -way stop. Traffic becomes very congested at school bus times, and vehicles travel through the intersection at excessively high speeds. It has been brought to their attention that lighting could be improved as pedestrians are hard to see at night. (Motion to refer correspondence to the Director of Engineering) D - 14 Karen Yellowlees, Secretary- Treasurer, Durham Region Federation of Agriculture (DRFA), advising Council that they have received a letter of resignation from Bert deWitt, who acted as the DRFA's representation on the Clarington Agricultural Advisory Committee. Ms. Yellowlees will advise of the replacement when one has been found. (Motion to thank Mr. deWitt for his service and dedication) Summary of Correspondence - 7 - January 28, 2002 D - 15 Kevin Gaskin, expressing concern of the lack of Paramedic coverage in the Municipality. Personal health and safety of Clarington residents should be a "top priority" and unfortunately with the ambulance coverage the way it is, his family and others are put at risk constantly. Paramedic coverage in Clarington is limited to only one 24 hour ambulance 7 days a week and one 12 hour ambulance 5 days a week. All of Clarington is serviced by one dedicated paramedic staffed ambulance stationed in Bowmanville. When the lone ambulance is on a call, all of Clarington is without paramedics to serve the needs of its' citizens until an ambulance from Oshawa can provide "standby coverage" from Courtice Road area. Furthermore, it can be questionable if a Oshawa vehicle can provide this "standby" coverage, since it is the busiest station in Durham Region and there may not be a ambulance to respond. Also, Oshawa paramedics respond to Courtice from the City of Oshawa, a response time that is unacceptable to the residents of Clarington. Mr. Gaskin questioned why Clarington is "short changed" on paramedic coverage. Clarington with its large square kilometres and population of 75,000 deserves better coverage. Ajax with 68,000 people and a lot smaller area has two 24 hour ambulances, 7 days a week and one 12 hour ambulance 7 days a week, not to mention Advanced Life Support Paramedics. (Motion for Direction) D - 16 Arnold Rosenburg, Clerk- Administrator, Township of Chatsworth, advising Council that the Township of Chatsworth on December 19, 2001, passed the following information: "WHEREAS the Ministry of Environment has implemented regulations that have a severe financial impact on small communal water systems with regards to capital and operating costs; AND WHEREAS the Township of Chatsworth, since May 2000, has been advising the Ministry of the Environment that a financial burden was being created on small water systems with a small number of Users, because of the downloading of costs of testing, the additional testing and additional reporting; AND WHEREAS the Minister of Environment has failed to recognize the financial hardship that the current Regulations have created for new capital costs and testing and reporting requirements on small water systems; NOW THEREFORE be it resolved that the Council of the Township of Chatsworth request that the Minister of the Environment reconsider the regulations; AND FURTHER BE IT RESOLVED that where capital upgrades are being required on communal systems that have a small number of users that do not have water quality problems, that the Minister of the Environment and or the Ministry of Agriculture, Food and Rural Affairs (OSTAR), fund 100% of the capital costs; Summary of Correspondence - 8 - January 28, 2002 AND FURTHER BE IT RESOLVED that a maximum amount be sent that Users must pay for their yearly maintenance costs which include such items as testing and reporting and that costs over and above that maximum amount be funded by the Ministry of Environment or the Province of Ontario; AND BE IT FURTHER RESOLVED that a copy of this resolution be sent to AMO and all Municipalities in the Province of Ontario, the Minister of Environment, the Ministry of Agriculture and Food, MPP Bill Murdoch, MPP Helen Johns, MPP Dave Tillson and MPP Jim Wilson." (Motion for Direction) D - 17 Francis and Erla Jose, requesting an information plaque be erected at Walbridge Park, Newcastle. Asa E. Walbridge purchased all the land where the park and subdivision are located in 1816. He was one of the founding members of the Bond Head Harbour Company in 1838 and the first recorded religious service in the area was held in his home in 1824. His descendants have been active in municipal affairs and community groups up to the present time. They include a reeve of Newcastle Village, another Member of Council, a postmaster and leaders in various organizations. (Motion for Direction) SUMMARY OF BY -LAWS JANUARY 28, 2002 BY -LAWS 2002 -07 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (Item #5 of Report #1) (Aspen Heights Ltd.) 2002 -08 being a by -law to establish a fee for Marriage Licences for the Municipality of Clarington effective February 1, 2002 (Item #12 of Report #1) 2002 -09 being a by -law to authorize the execution of an Agreement with the Regional Municipality of Durham to allow the Municipality to license the installation of transit rental benches and bus shelters by third party companies on Regional Road allowances (Item #15 of Report #1) 2002 -10 being a by -law to enter into an agreement between the Corporation of the Municipality of Clarington and Cover -All Computer Services, Markham, Ontario, to outsource the municipal tax bills (Item #2 b of Report #1) 2002 -11 being a by -law to amend By -law 91 -58, as amended, being a by -law to regulate traffic on highways, municipal and private properties in the Municipality of Clarington (Item #7 of Report #1) 2002 -12 being a by -law to authorize entering into an Agreement with the Owners of Plan of Subdivision 18T -87057 and any Mortgagee who has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of 18T -87057 (approved by Council on October 29, 2001)