HomeMy WebLinkAbout04/02/2002Leading the Way
DATE: TUESDAY, APRIL 2, 2002
PLACE: COUNCIL CHAMBERS
--
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETINGS
Minutes of a meeting of Council held on March 18, 2002
DELEGATIONS
1. John O'Toole, M.P.P., Durham, 75 King Street East, Bowmanville,
L1 C 1 N4 - Annual Review
2. Ted Periods, Rocket Lumber, 17 Cigas Road, Courtice,
L1E 2T1 -Report PSD- 021 -02
3. Libby Racansky, 3200 Hancock Road, Courtice, LIE 2M1 - Courtice North
4. Alan Hirschfield, UD & D Incorporated, 51 Oak Avenue, Richmond Hill,
L4C 6A5 - Report PSD- 018 -02
5. Robert King, 28 Rutland Street East, Omemee, KOL 2WO - Confidential
Report CLD- 013 -02
COMMUNICATIONS
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1- 1 B. Taylor, City Clerk, City of Pickering - Sustainable /Affordable Housing
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - April 2, 2002
1 - 2 The Honourable Chris Hodgson, Minister of Municipal Affairs and Housing
- Oak Ridges Moraine
1 - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated January 8, 2002
1 - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated February 12, 2002
1 - 5 Michele Kennedy, Clerk, Town of Whitchurch- Stouffville - Role of the
Ontario Municipal Board
1 - 6 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of
Clarington - Thank You Letter
1 - 7 Karen Campbell, President & CEO, Greater Toronto Area - 2001 Annual
Report
1 - 8 Marcel L. Brunelle, Mayor, The Corporation of the Town of Whitby -
Operating Budget of Lakeridge Health
1 - 9 George Ross, Regional Director, Southcentral Region, Ministry of Natural
Resources - Ontario's Draft Forest Fire Management Strategy
I - 10 Claude Mailloux, Coordinator, International Association of Great Lakes
and St. Lawrence Mayors - Forum for Concerted Effort and Action
I - 11 Clive Doucet, Councillor, Capital Ward, City of Ottawa - Social Inclusion
I - 12 Sandra Kranc, City Clerk, City of Oshawa - Oshawa Transit Commission
I - 13 Shan K. Jain, Q.C., Barrister and Solicitor, Notary Public - Cancellation of
Ontario Municipal Board Hearing
1 - 14 Minutes of the Clarington Agricultural Advisory Committee dated
February 14, 2002 .
1 - 15 Phil LeSauvage, Manager of Public Affairs, Darlington Nuclear, Ontario
Power Generation - Durham Nuclear Ecological Effects Review Study
Summary
I - 16 Fraser Spittal, Chairperson, City of Kawartha Lakes - Disabled Persons
I - 17 Rod Piukkala, Deputy Chief, Durham Regional Police Services - Municipal
Act, 2001, Fortified Premises
Council Agenda - 3 - April 2, 2002
1- 18 Linda J. Laliberte, General Manager /Secretary- Treasurer, Ganaraska
Region Conservation Authority - Financial Statements
I - 19 Association of Municipalities of Ontario - Highway Maintenance Standards
Regulation
1-20 Adam Quipp, Air Quality Specialist, Rowan Williams Davies & Irwin Inc. -
Ontario Air Quality Regulation Updates
1 - 21 Association of Municipalities of Ontario (AMO) -Coverage Under the
Ontario Workplace Safety and Insurance Act
I - 22 Association of Municipalities of Ontario (AMO) - Board of Directors
Meeting
1-23 Janine deBoer, Secretary, Kendal Community Centre -Thank You Letter
1-24 Orono Figure Skating Club Executive -Thank You Letter
I - 25 The Honourable James M. Flaherty, Minister of Finance - Assessment
Darlington Nuclear Generating Station
I - 26 Bonny Harrison, City Clerk, The Corporation of the City of North Bay -
Gasoline Taxes
- 27 Outreach Committee, St. George's Memorial Anglican Church, Oshawa -
Affordable Housing Task Force Report
1- 28 Minutes of the Newcastle Community Hall Board dated March 18, 2002
I - 29 Minutes of the Central Lake Ontario Conservation Authority dated
March 19, 2002
I - 30 Minutes of the Clarington Public Library Board dated March 27, 2002
1 - 31 Peter Maartense, Orono Amateur Athletic Association -Thank You Letter
Receive for Direction
D - 1 Bill Daniell, President, The Kaitlin Group Ltd. - Ontario Superbuild
D - 2 Association of Municipalities of Ontario (AMO) - Future of Retail in our
Communities
D - 3 Philip Nixon - Proposed Plan of Subdivision ZBA.2002.002
Council Agenda - 4 - April 2, 2002
D - 4 Jessica Reaman - Street Name Change
D - 5 Patricia A. Hewes, Coordinator, Palliative Care Alliance for Durham
Region - Hospice Durham
D - 6 Mary Woodside - Hospice Durham
D - 7 Carole Keys, Hearth Place Cancer Support Centre - Hospice Durham
D - 8 Trish Hambly, Hospice Volunteer- Hospice Durham
D - 9 Laurel Hamilton, Community Advantage Rehabilitation Inc. - Hospice
Durham
D - 10 Dr. Howard Burke - Hospice Durham
D - 11 Mike Slocombe, Operations Technician, Region of Durham - Destruction
of Noxious Weeds
D - 12 John Stephenson, Secretary and the Former Members of the Clarington
Low Level Radioactive Waste Advisory Committee - Stakeholder's Port
Granby Low Level Radioactive Waste Site Committee
D - 13 Louise Gartshore, City Clerk, City of Woodstock - Canadian Police
Association
D - 14 Kevin Bain, City Clerk, The Corporation of the City of Brantford - Nurse
Practitioners
D - 15 Bruce Taylor, City Clerk, City of Pickering - Sex Offenders
D - 16 Assistant to the CAO /Clerk, Township of Ramara - Hydro Deregulation
D - 17 Ingrid Janssen, President and Wendy Klawitter, Treasurer, Ganaraska
Wolves Volleyball Club - Request for Financial Support
D - 18 Municipality of Grey Highlands - Ontario Divisional Court Appeal
D - 19 Richard Patersen, The Royal Canadian Legion - Celtic Gathering
D - 20 Jack Layton, President, Federation of Canadian Municipalities - Kyoto
Protocol
D - 21 Arnot Wotten, Chair, Clarington Agricultural Advisory Committee -
Agriculture in Durham Region
Council Agenda - 5 - April 2, 2002
D - 22 Janisse Zimmerman, Clerk- Administrator, Municipality of Bluewater - Safe
Quality of Water
D - 23 Louise Gartshore, City Clerk, City of Woodstock - Ontario Trillium
Foundation
MOTION
NOTICE OF MOTION
1. General Purpose and Administration Committee Report of
March 25, 2002
2. Confidential Report CLD- 013 -02 - Personnel Matter
3. Confidential Verbal Report from the Solicitor and Chief Administrative
Officer - Legal Matter
UNFINISHED BUSINESS
BY-LAWS
OTHER BUSINESS
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
SUMMARY OF CORRESPONDENCE
APRIL 2, 2002
CORRESPONDENCE FOR INFORMATION
1 - 1 B. Taylor, City Clerk, City of Pickering, advising Council that the City of
Pickering on March 4, 2002, passed the following resolution:
"1. THAT Report PD -07 -02 of the Director, Planning &
Development on the Report from the Regional Chair's Task
Force on Sustainable /Affordable Housing be received; and
2. THAT the Regional Chair be advised that the City of
Pickering supports in principle, subject to further discussion
and review as outlined in recommendation #3 below, the
concept of Area Municipalities being a partner in a multi -
partner approach to assist in providing financial incentives to
encourage the supply to affordable rental housing; and
3. THAT the Regional Chair be requested to establish an
Affordable Rental Housing Working Group with appropriate
Regional and Area Municipal representation to further refine,
clarify and identify specific implementation program details,
for presentation back to local Area Municipal Councils,
including but not limited to the following matters:
• investigating options and implementation
mechanisms, other than direct reduction /waiving of
fees, to off -set the area municipality costs attributed to
an affordable rental unit program;
• ensuring that the costs incurred by an area
municipality in waiving area municipal fees and
charges are fairly shared among the taxpayers of the
Region, and do not result in an unfair financial burden
to any area municipality;
• ensuring a fair distribution throughout the Region of
the maximum 100 subsidized units per year;
• limiting the proposed area municipal participation for
cost reductions /waivers to the Region's 100
subsidized units per year (whether private or public
sector initiatives);
• ensuring that subsidies result in reduced rental rates
for the tenants;
• ensuring the monthly rents will not be increased
beyond the target affordable rents;
• ensuring the units with subsidized production costs
will remain as rental units;
• establishing a completion date for the program; and
• identifying a monitoring process for the program.
Summary of Correspondence - 2 - April 2, 2002
4. THAT Pickering Council advocates a key role for both the
Provincial and Federal governments in funding affordable
housing, and urges most strongly the Premier of Ontario and
the Deputy Prime Minister to act on those recommendations
of Durham Region's Task Force directed at the Provincial
and Federal Government; and
5. THAT a copy of Report PD 07 -02 be forwarded to the
Regional Clerk, the Regional Chair, the Clerk of each of
Durham's Area Municipalities, the Premier of Ontario and the
Deputy Prime Minister."
(Receive for Information)
1 - 2 The Honourable Chris Hodgson, Minister of Municipal Affairs and
Housing, advising Council that the plan for the Oak Ridges Moraine and
the appointment of David Crombie as mediator was recommended by the
Oak Ridges Moraine Advisory Panel, made up of representatives from
municipalities, industry and responsible environmental groups with an
interest in the Oak Ridges Moraine, and received unanimous approval by
the Legislature. The preservation of the moraine for future generations
will be a legacy that all Ontarians can be proud of.
(Receive for Information)
1 - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated January 8, 2002. (Copy attached)
(Receive for Information)
1 - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated February 12, 2002. (Copy attached)
(Receive for Information)
1 - 5 Michele Kennedy, Clerk, Town of Whitchurch - Stouffville, advising Council
that the Town of Wh itch urch - Stouffville on March 5, 2002, passed the
following resolution:
"THAT the Town of Whitchurch - Stouffville supports the City of
Pickering to urge the Government of Ontario to remove or, at the
least, radically reduce the role of the OMB back to a pure check
against bad or biased planning;
AND THAT to further support this request, copies of Section 12.5
"Environment Conservation Strategy" of the Community of
Stouffville Secondary Plan and copies of the OMB Decision
delivered by G.A. Harron and Order to the Board dated January 29,
2002, be forwarded to the Ontario Municipal Board, Ministry of the
Environment, York Region MPP's, and all municipalities in the
Region of York and Durham."
(Receive for Information)
Summary of Correspondence - 3 - April 2, 2002
1 - 6 Lisa McNee Baker, Executive Director, Big Brothers & Sisters of
Clarington, thanking Council for providing the Agency with a Municipal
Grant in the amount of $2,500.00. They rely heavily on the support of
their community and they appreciate both the municipality's donation and
our well wishes.
(Receive for Information)
-7 Karen Campbell, President & CEO, Greater Toronto Area, providing
Council with a copy of the 2001 Annual Report, which highlights their
many accomplishments.
(Receive for Information)
1 - 8 Marcel L. Brunelle, Mayor, The Corporation of the Town of Whitby, writing
to The Honourable James Flaherty requesting his views on the significant
reductions to patient services that are contemplated by the 2002/2003
operating budget of Lakeridge Health. A Community Report dated
February 2002 provides a summary of the $11 million in budget cuts to
Lakeridge Health, an organization that is struggling to support one of the
fastest growing populations in Canada.
(Receive for Information)
1 - 9 George Ross, Regional Director, Southcentral Region, Ministry of Natural
Resources, advising Council that the Ontario's Draft Forest Fire
Management Strategy is now available for review. The Draft Forest Fire
Management Strategy sets strategic direction for the Forest Fire
Management program of the OMNR and reflects the priorities and
management objectives for forest fire management in Ontario.
(Receive for Information)
1 - 10 Claude Mailloux, Coordinator, International Association of Great Lakes
and St. Lawrence Mayors, advising Council that there is an association in
the Great Lakes - St. Lawrence Region designed to help waterfront
municipalities deal with situations such as water level fluctuations,
diversions, water quality maintenance, riverbank development and
protection, port and maritime community development and tourism
development. The International Association of Great Lakes and St.
Lawrence Mayors has existed since 1987. This binational, bilingual
organization offers some 600 Canadian and U.S. municipalities located
along the St. Lawrence and Great Lakes a forum for concerted effort and
action in areas directly related to their status as riverside communities.
(Receive for Information)
1- 11 Clive Doucet, Councillor, Capital Ward, City of Ottawa, advising Council
that he is interested in bringing together a caucus of progressive
councillors to work for the kinds of ideas that he has heard expressed by
many mayors at the Local Authorities for Social Inclusion Forum in Porto
Alegre, Brazil. Mr. Doucet returned from this conference and was very
moved and excited about possibilities for addressing some of the
fundamental problems which are plaguing cities.
Summary of Correspondence - 4 - April 2, 2002
Among others, these include lack of local taxing powers to address urban
poverty, homelessness, public transit, public health and social services.
(Receive for Information)
1 - 12 Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of
Oshawa on March 18, 2002, passed the following resolution:
"THAT Council approve, in principle, that Oshawa Transit
Commission operate a local transit service in Bowmanville for the
Municipality of Clarington as proposed in the February 11, 2002,
report subject to the approval by both Councils of a formal
operating agreement.
THAT Legal and Real Estate Services be requested to draft a
formal operating agreement.
THAT the Municipality of Clarington be advised of the approved
recommendation."
(Receive for Information)
1- 13 Shan K. Jain, Barrister and Solicitor, Notary Public, advising Council that
the Board hearing regarding the proposed OPA No. 70 to the Durham
Regional Official Plan, proposed OPA No. 23 to the Clarington Official
Plan and Zoning By -law 2001 -060, scheduled for
April 2, 2002, has been cancelled.
(Receive for Information)
1 - 14 Minutes of the Clarington Agricultural Advisory Committee dated
February 14, 2002. (Copy attached)
(Receive for Information)
1 - 15 Phil LeSauvage, Manager of Public Affairs, Darlington Nuclear, Ontario
Power Generation, providing Council with a copy of the Durham Nuclear
Ecological Effects Review Study Summary.
(Receive for Information)
1 - 16 Fraser Spittal, Chairperson, City of Kawartha Lakes, advising Council that
on June 19, 2002, the City of Kawartha Lakes Municipal Advisory
Committee for Disabled Persons will be holding a day -long seminar to
bring together municipalities who already have advisory committees and
those who are required to form one. The focus on this seminar will be the
exchange of ideas and experience. This would not only benefit the
beginners but would also allow the existing municipalities to learn from
each other.
(Receive for Information)
Summary of Correspondence - 5 - April 2, 2002
1 - 17 Rod Piukkala, Deputy Chief, Durham Regional Police Services, advising
Council of Sections 487(2) and (9) of Bill 111, Municipal Act, 2001,
Fortified Premises, received Royal Assent and came into force and effect
on December 12, 2001. The Ministry of the Solicitor General has
participated in amending the Municipal Act giving municipalities the power
to prohibit excessive fortifications and the use of excessive protective
elements. Previously the "supremacy" of the Building Code Act precluded
municipalities from enacting by -laws that dealt with building construction
requirements. As the Building Code only prescribed the minimum
requirements, landowners, such as Outlaw Motorcycle Gangs (OMG) had
no limit on exceeding building requirements. Many municipalities across
Ontario are, or will be, enacting by -laws to address excessive fortification
of land /buildings. This will likely involve increased enforcement
responsibilities on the part of other police services.
(Receive for Information)
1- 18 Linda J. Laliberte, General Manager /Secretary- Treasurer, Ganaraska
Region Conservation Authority, providing Council with the Ganaraska
Region Conservation Authority's financial statements. The general base
levy chargeable to the Municipality of Clarington is $177,124.62.
(Receive for Information)
1 - 19 Association of Municipalities of Ontario, advising Council that the Minister
of Transportation confirms his intent to proceed with Highway
Maintenance Standards Regulation as means to help municipalities
manage liability. Bill 86, Better Local Government Act (1996), amended
various municipal statutes, including the Municipal Act, to allow the
Minister of Transportation to issue a regulation establishing minimum
standards of repair of municipal roads and bridges as an optional means
of dealing with liability. The regulatory approach is intended to provide
municipalities with a better defense against negligent claims that a road or
bridge is not in a reasonable state of repair if the regulatory minimum
standards have been met. Regulatory standards provide a more
predictable management of risks and liability and are expected to be an
improvement over the current process whereby judges determine the
standard of care.
(Receive for Information)
1- 20 Adam Quipp, Air Quality Specialist, Rowan Williams Davies & Irwin Inc.,
providing Council with the following documentation regarding Ontario Air
Quality Regulation Updates:
1. A simplified overview of the MOE Regulation 127 A Mandatory
Emission Reporting. First year submission deadline of
June 1, 2002; and
2. A December 2001 letter from Mr. S. Klose of the Ontario Ministry of
the Environment regarding and reaffirming the need for a plant -
wide Emission Summary and Dispersion Modelling (ESDM) report.
(Receive for Information)
Summary of Correspondence - 6 - April 2, 2002
1 - 21 Association of Municipalities of Ontario (AMO), advising Council that the
WSIB has released a paper Coverage Under the Ontario Workplace
Safety and Insurance Act. The paper outlines a number of issues
including the difficulty of determining who should and should not be
covered. The paper also deals with coverage issues of independent
operators. Many municipal officials feel that the issue of who is covered
by the WSIB will have little impact on local government because they are
already under the Act. The WSIB is currently holding hearings on the
coverage paper, and final comments are due March 28tH
Recommendations will be made to the Minister of Labour in June 2002,
and changes to the Act may be implemented as early as next year.
(Receive for Information)
1- 22 Association of Municipalities of Ontario (AMO), advising Council of the
issues dealt with at the February AMO Board of Directors Meeting. The
Board, on the policy side, dealt with the following:
OMAFRA's recent Directive to the Normal Farm Practices
Protection Board concerning municipal nutrient management
by -laws. Clarification on the restrictiveness of the Directive, its
status in relation to the previous Directive and the Court's decision
on West Perth's by -law is being sought;
Workplace Safety and Insurance Board report on WSIB coverage,
which is asking for comments on which entities should be covered
by WSIB insurance and the need for a Schedule 2 sector;
Privacy of Personal Information Act: This legislation may have
implications for health services that municipal governments deliver;
Province's plan to devolve the governance of OMERS; and
• Municipal resolutions related to increasing Ontario Works benefits,
funding for home care services and community health, the use of
coloured fuels in municipal vehicles, the Line Fences Act and
mandatory facial protection for sports.
(Receive for Information)
1- 23 Janine deBoer, Secretary, Kendal Community Centre, thanking Council for
the grant of $2,500. The money will come in handy to help support the
programs and events that they provide.
(Receive for Information)
1- 24 Orono Figure Skating Club Executive, thanking Council for the generous
grant. They will use the money towards their ice costs and professional
coaching for their young skaters. They are currently practicing for their
54th annual Carnival on April 6, 2002.
(Receive for Information)
Summary of Correspondence - 7 - April 2, 2002
1-25 The Honourable James M. Flaherty, Minister of Finance, thanking Council
for their letter dated November 5, 2001, regarding the assessment
treatment and the ongoing assessment appeals on the Darlington Nuclear
Generating Station and other nuclear and fossil fuel generating stations in
Ontario. He recognizes that the assessment treatment of these facilities is
of great interest to Clarington and other municipalities that have such
property within their borders. The Ministry of Finance also has an interest
in the assessment and tax treatment of these facilities to the extent that
the application of provincial legislation reflects the policy intent of the
government. The Ministry of Finance staff have met with municipal staff,
Ontario Power Generation representatives, and the Municipal Property
Assessment Corporation, in efforts to understand the issues involved.
The meeting was held on December 12, 2001, and he understands
various issues were discussed including the assessment treatment of
vacuum buildings, water intake /structures, revetment walls, water lots and
exclusionary zones, as well as the method of measurement used in
assessing generating buildings.
(Receive for Information)
I - 26 Bonny Harrison, City Clerk, The Corporation of the City of North Bay,
advising The Premier of Ontario that the City of North Bay on March 11,
2002, passed the following resolution:
"THAT North Bay City Council supports the motion from the City of
Kingston requesting the Provincial Government to provide
additional funding to help municipalities pay for items such as the
maintenance and upkeep of roads by allocating a portion of
provincial gasoline taxes to municipalities and a full review of other
Provincial revenue sources."
(Receive for Information)
1-27 Outreach Committee, St. George's Memorial Anglican Church, Oshawa,
advising Council that they support the proposal of the Affordable Housing
Task Force Report to create 24 market rent units, 33 shallow supplement
units and 33 deep supplement units for a total of 90 units. This is a good
start on behalf of the Region, however, this should only be the beginning
of the Region's support and further housing should be made available.
(Receive for Information)
I - 28 Minutes of the Newcastle Community Hall Board dated March 18, 2002.
(Copy attached)
(Receive for Information)
1-29 Minutes of the Central Lake Ontario Conservation Authority dated
March 19, 2002. (Copy attached)
(Receive for Information)
1-30 Minutes of the Clarington Public Library Board dated March 27, 2002.
(Copy attached)
(Receive for Information)
Summary of Correspondence - 8 - April 2, 2002
1 - 31 Peter Maartense, Orono Amateur Association, thanking Council for the
grant that they received this year. The money will help them continue
providing sports programs for the youth of Orono and the surrounding
areas.
(Receive for Information)
CORRESPONDENCE FOR DIRECTION
D - 1 Bill Daniell, President, The Kaitlin Group Ltd., providing Council with a
copy of an article from the Toronto Star entitled "Projects tread water while
waiting for funds ", which details how a number of Lake Ontario Waterfront
Trail projects around the Greater Toronto Area are currently awaiting news
of `Ontario Superbuild' funding. The Kaitlin Group has assisted with a
study of the Municipality's waterfront opportunities for the Newcastle lands
this past Fall and this process culminated in the preparation of a preferred
plan for the area, based upon input received at several public meetings.
Following this time, it has been in the Municipality's hands to officially
endorse the plan and pursue possible funding sources, such as
` Superbuild', while these were still available. Mr. Daniell is urging Council
to accelerate and finalize the intentions for this area, before available
funding opportunities begin to disappear.
(Motion to refer correspondence to the
Planning Services Department)
D - 2 Association of Municipalities of Ontario (AMO), advising Council of a one
day workshop on the future of retail in our communities. AMO, along with
a number of provincial, national and international organizations, is pleased
to participate in the "Partners -in- Progress" program to be held on
April 11, 2002, at the Toronto Airport Congress Centre. The Partners -in-
Progress program has been crafted by private and public sector partners
and is intended to deal with a host of issues regarding the successful
development of our cities, particularly our downtowns, as well as issues of
downtown revitalization, the re -use of brownfields, smart growth, the
renewal of municipal infrastructure, and public /private partnerships in
financing municipal infrastructure.
(Motion to forward a copy of the
correspondence to the Orono BIA, the
Newcastle BIA and the Bowmanville
Business Centre)
D - 3 Philip Nixon, writing to Council objecting to the proposed Plan of
Subdivision ZBA.2002.002 submitted by Sylvan Estates and Bennett
Development Inc. Although there are many reasons to criticize the plan,
among them overcrowding and proximity to railroad traffic, the most
serious flaw is the inevitable damage to the environment. A creek runs
through the low -lying ground adjacent to Broken Front Concession, Part
Lot 7 and empties into Lake Ontario. An environment testing company
recently recorded that several species of fish spawn at the mouth of that
creek, fish that ultimately enrich the stocks of fish in the lake.
Summary of Correspondence - 9 - April 2, 2002
There is another equally important environmental aspect of that area. It is
a nesting ground for ducks. Each year ten or fifteen ducks and their
ducklings occupy the weedy pond for months at a time. Moreover, the
banks along the subdivision's southern edges are home to hundreds of
swallows. Flocks of those birds swoop through the summer twilight,
devouring troublesome insects like flies and mosquitoes.
(Motion to refer correspondence to the
Director of Planning Services)
D - 4 Jessica Reaman a 12- year -old resident, requesting Council to change the
street name of Birchfield Drive, Courtice. There is a court that is just off of
Birchfield Drive that is called Birchfield Court that has the same house
number as Ms. Reaman, which causes much confusion. Ms. Reaman has
a few suggestions for the new name:
Oakfield Drive
Cloverleaf
Maplefield.
(Motion to advise of the Municipality's
street naming Policy)
D - 5 Patricia A. Hewes, Coordinator, Palliative Care Alliance for Durham
Region, advising that she is very distressed to learn of the financial crisis
facing Hospice Durham. Ms. Hewes states that one of the reasons she
accepted the part time position as the coordinator with the Palliative Care
Alliance for Durham Region was because of her experience with the
problems faced by patients and their families in end -of -life situations. Like
so many others, she assumed that Hospice Durham received the majority
of its funding from the government and that the fundraising they do was to
help fill in the gaps. She was shocked to hear how inadequately they are
funded when the demand for their services continues to grow at such a
rapid pace. It would be devastating to the community to lose an agency
that already does so much with the very limited financial resources it has.
(Motion to advise of actions taken with
respect to Report CSD- 08 -02)
D - 6 Mary Woodside, urging Council to provide financial support necessary to
see Hospice Durham continue as a viable entity in Durham Region.
Hospice Durham is an essential service which has been providing
supportive care to palliative care patients and their families for the past 10
years.
(Motion to advise of actions taken with
respect to Report CSD- 08 -02)
Summary of Correspondence _10- April 2, 2002
D - 7 Carole Keys, Hearth Place Cancer Support Centre, providing Council a
copy of a letter she sent to the Honourable Tony Clement, Minister of
Health and Long -Term Care regarding the future of Hospice Durham.
Without the help and support of Hospice, patients and their families would
have had a very difficult time coping with their illnesses and care giving.
Many would have had to spend more time in the hospital without the
support of Hospice. Ms. Keys is urging Council to make certain that the
financial support that is required to keep Hospice Durham functioning in
our community is provided.
(Motion to advise of actions taken with
respect to Report CSD- 08 -02)
D - 8 Trish Hambly, Hospice Volunteer, requesting Council to financially support
Hospice Durham. Hospice Durham is an essential service which has
been providing supportive care to palliative care patients and their families
for the past 10 years. With the changes in the health care delivery system
there is a greater reliance on volunteers than ever before. Caregivers are
burnt out and homecare services that are already limited require the
augmentation of fully trained and dedicated volunteers. This is simply the
most economic, efficient and sensible response to a growing community
need.
(Motion to advise of actions taken with
respect to Report CSD- 08 -02)
D - 9 Laurel Hamilton, Community Advantage Rehabilitation Inc., writing to The
Honourable Tony Clement, Minister of Health and Long Term Care,
concerning the possible closure of Hospice Durham. Hospice Durham
has been a very supportive and caring agency for those who are dying of
cancer and for their family members who are stretched to the limit. Ms.
Hamilton advises that she is a palliative social worker who has made
numerous referrals to Hospice Durham for the families of whom she has
been working with. Hospice Durham cannot function and administer the
services of such valued volunteers without financial support from the
government.
(Motion to advise of actions taken with
respect to Report CSD- 08 -02)
D - 10 Dr. Howard Burke, requesting Council help Hospice Durham financially.
Dr. Burke is an active member of the Bowmanville Palliative At -Home and
At- Hospital Care Team (PACT). As a physician who does many palliative
care consults, he has extensive experience with the fabulous and
extremely valuable work that Hospice Durham does to support the many
citizens of Ontario who are in the unfortunate situation of dying. Hospice
Durham is an integral part of providing comprehensive care, especially in
this age of cutbacks to other services like hospitals.
Summary of Correspondence - 11 - April 2, 2002
Hospice Durham must be the most cost effective organization to the
people and government of Ontario, as the volunteers of this agency are
integral in helping to keep dying patients at home well, with the ability to
decrease hospital admissions and decrease nursing visits, through their
support of the patient and the family.
(Motion to advise of actions taken with
respect to Report CSD- 08 -02)
D - 11 Mike Slocombe, Operations Technician, Region of Durham, providing
Council with a suggested "Notice to Property Owners" to destroy noxious
weeds and a suggested resolution directing the Regional Weed Inspectors
to enforce the provisions of the Weed Control Act in the Municipality of
Clarington. As allowed for under section 16 of the Act, the Region
requires that Council pass a resolution directing the Regional Weed
Inspector(s) to:
Destroy any noxious weeds or weed seeds on any subdivided
portions of the municipality and on lots not exceeding 10 acres.
The municipality advertise in a newspaper having general
circulation in your municipality notice of this action.
(Motion for Direction)
D - 12 John Stephenson, Secretary and the former members of the Clarington
Low Level Radioactive Waste Advisory Committee informing Council that
they have formed the "Stakeholder's Port Granby Low Level Radioactive
Waste Site Committee" in order to have input into the environmental
screening process which has recently been initiated by NRCan and the
other responsible Authorities. This Stakeholders Committee believes that
the design proposal put forward by Clarington Municipal Council, and
currently adopted by the proponent {the Low Level Radioactive Waste
Management Office (LLRWMO)} is, in most respects, a good proposal,
and they support this proposal. However, for optimum performance over
the long term (say 500 years) they are recommending that the barrier to
ground water flow from the north and east be improved by excavating a 15
to 20 metre deep trench on the north side of the site. Further, that
stainless steel piling be driven into the ground from the bottom of the
trench down to the Lower Till in order to try to ensure the integrity of the
barrier to ground water flow. They think that this proposal will stop the
flow of ground water through the East Gorge, and will eliminate the need
to move the water from the East Gorge and to construct a new engineered
storage mound. Mr. Stephenson is requesting that Council recognize and
support the stakeholders group.
(Motion for Direction)
Summary of Correspondence -12- April 2, 2002
D - 13 Louise Gartshore, City Clerk, City of Woodstock, advising Council that the
City of Woodstock on March 7, 2002, passed the following resolution:
"THAT Council supports the recommendations outlined in the
Canadian Police Association fact sheet requesting the Province of
Ontario to enact legislation to strengthen Canada's system of
sentencing, corrections, parole and release;
AND FURTHER THAT the Council directs that recommendations
be forwarded to all Ontario municipalities requesting their support."
(Motion for Direction)
D - 14 Kevin Bain, City Clerk, The Corporation of the City of Brantford, advising
Council that the City of Brantford on March 11, 2002, passed the following
resolution:
"WHEREAS timely and effective primary health care has been
recognized by the Federal /Provincial /Territorial Advisory Committee
on Health Human Resources (2000) as a cost - effective and
efficient way to build and maintain a healthy community; and
WHEREAS many residents of Brantford, Brant County and the Six
Nations of the Grand River Territory are experiencing significant
difficulties in accessing primary health care; and
WHEREAS an effective primary health care system includes an
interdisciplinary team of health care professionals who work
collaboratively to meet the needs of the patient, with each health
professional playing an important and complementary role; and
WHEREAS primary care reform, including the delivery of primary
health care by an interdisciplinary team, is a priority of the Ontario
Ministry of Health & Long Term Care; and
WHEREAS significant barriers exist to the expansion of the role of
Nurse Practitioner across the Province of Ontario;
NOW THEREFORE BE IT RESOLVED THAT Council request the
Ontario Ministry of Health and Long Term Care to develop
mechanisms to allow Nurse Practitioners to practice as members of
an interdisciplinary team or independently to the full extent of their
licensure and scope of practice; and
BE IT FURTHER RESOLVED THAT a mechanism and appropriate
funding be established by the Province of Ontario to fund Nurse
Practitioner positions in a variety of settings across the Province;
and
Summary of Correspondence -13- April 2, 2002
BE IT FURTHER RESOLVED THAT a copy of this resolution be
forwarded to all municipalities in Ontario and the Association of
Municipality of Ontario for endorsation.
(Motion for Direction)
D - 15 Bruce Taylor, City Clerk, City of Pickering, advising Council that the City of
Pickering on March 4, 2002, passed the following:
"WHEREAS if members of the public are provided with adequate
notice and information about sex offenders who have been or are
about to be released from custody and who live or will live in or
near a neighbourhood, the community can develop constructive
plans to prepare themselves and their children for the offenders
release; and
WHEREAS the Province of Ontario has enacted "The Christopher
Law (Sex Offender Registry)" that requires that a Sex Offender
Registry as set out in Appendix 1 to this resolution be kept; and
WHEREAS in the Province of Ontario, Police Services are granted
the discretionary authority to release the identities of registered sex
offenders deemed to be of risk to the public; and
WHEREAS through the media, residents of Pickering became
aware of two - registered sex offenders residing with -in the
community; and
WHEREAS according to an application filed with the Ontario Court
of Justice under Section 810.1 of the Criminal Code, Durham
Regional Police confirmed grounds to believe that sex offender
"Herman Tausendfrende" will commit a sexual offence against a
person under 14 years of age; and
WHEREAS sex offender "Herman Tausenfrende" was released
pending his hearing on condition that he stays away from
• any public pool
• arena
• library
• school property
• arcade
• shopping centre
• parks or places where persons under 14 are present or
expected to be,
• as well as various other terms; and
WHEREAS the Corporation for the City of Pickering is directly and
or indirectly the owner /operator of public pools, public arenas,
libraries and parks; and
Summary of Correspondence -14- April 2, 2002
WHEREAS the Corporation for the City of Pickering is committed to
ensuring all aspects of Safe Communities for its residents; and
WHEREAS the Corporation for the City of Pickering requires that
the identities of all persons deemed to be a risk to the patrons of its
facilities be made known in order that all persons are able to
identify and report such risks to the Durham Regional Police
Services;
NOW THEREFORE the Council of the Corporation of the City of
Pickering hereby requests that the Durham Regional Police Service
provide the identities of all registered Sex Offenders within Durham
Region who have been ordered to stay away from any public
facilities; and
FURTHER THAT the City Solicitor initiate all necessary actions to
obtain such information; and
FURTHER THAT the City of Pickering endorse and encourage a
review of legislative disclosure procedures by the Durham Regional
Police Service pertaining to the release of information as it relates
to Registered Sex Offenders deemed to be a risk to the community
and that the objective of this review be to ensure quick action with
first consideration for children's safety and rights; and
FURTHER THAT such procedures be prepared through public
consultation; and
FURTHER THAT the Attorney General of Ontario be requested to
review legislation pertaining to the public identification of sex
offenders in the community in consultation with the community and
interested agencies to develop a policy that will allow police
disclosure of sex offenders; and
FURTHER THAT a copy of this resolution be forwarded to all
Durham area municipalities, Durham Regional Council, all Durham
School Boards requesting that they endorse this resolution and
initiate similar requests; and
FURTHER THAT a copy of this resolution also be forwarded to the
Durham Region Police Service Board, all Durham Regional MPs
and MPPs."
(Motion for Direction)
D - 16 Assistant to the CAO /Clerk, Township of Ramara, advising that the
Township of Ramara on March 11, 2002, passed the following resolution:
"WHEREAS the Township of Ramara received a deputation from
one of its residents concerning hydro deregulation;
Summary of Correspondence -15- April 2, 2002
AND WHEREAS Township resident, Mr. Maurice McMillan was
supported in his concern by approximately 50 people;
AND WHEREAS the doubt about the privatization of Hydro One
and the success of the deregulation of the energy market continues
to grow in the mind of the public;
AND WHEREAS the public continues to be concerned about
substantial increases in the cost of electricity, the cost of
distribution, the loss of industrial jobs and the possibility of
blackouts;
AND WHEREAS this municipal Council shares similar concerns;
NOW THEREFORE BE IT RESOLVED that we ask the Provincial
Government to reconsider its decision to privatize Hydro One and
deregulate the energy market;
AND THAT we notify the Province and our MPP, Garfield Dunlop,
of this resolution;
AND THAT this resolution be forwarded to municipalities province -
wide and the Association of Municipalities of Ontario for
endorsement."
(Motion for Direction)
D - 17 Ingrid Janssen, President and Wendy Klawitter, Treasurer, Ganaraska
Wolves Volleyball Club, requesting financial support through the Municipal
Grants for Community and Athletic Groups. The Wolves were formed in
1990 to give the student athletes from Clarke High School and the
surrounding area an opportunity to play competitive club volleyball. Over
the last eleven years they have had literally hundreds of student athletes
play for the Wolves. The Club has been very successful with various
teams going to Provincial and National Championships. Individual
athletes have been selected to play for Team Ontario while four of their
players have gone on to represent Canada in international events such as
the Pan Am Games. The cost of participation is very high: membership in
Ontario Volleyball, uniforms, tournament costs, new equipment and
volleyballs, travel and overnight stays in hotels. The decision of the
Kawartha Pine Ridge School Board to impose user fees on their club has
put extra financial weight on these athletes.
(Motion for Direction)
D - 18 Municipality of Grey Highlands, requesting Council's support for an
Ontario Divisional Court appeal that is of provincial significance and is
asking other municipalities for a small financial contribution. The appeal is
against an OMB ruling that "water taking is not a land use" and the
exclusion at the hearing of evidence on the potential environmental
impacts of water taking.
Summary of Correspondence -16- April 2, 2002
The ruling was based on the Chair's assertion that water could be
considered a "food" and can therefore be considered an agricultural
product. A local planning association, the Grey Association for Better
Planning (GABP), successfully sought leave to appeal the OMB decision
before the Ontario Divisional Courts on the basis of two errors in law:
1. in finding that water taking is not a land use; and
2. in refusing to apply sections of the Official Plan related to the taking
of water
This case is of provincial importance in that if the appeal is successful,
water taking will be viewed as a land use. This may give municipalities
the jurisdiction to apply planning considerations to proposed water taking
locations, treating water taking in much the same way as aggregate
extraction.
(Motion for Direction)
D - 19 Richard Patersen, The Royal Canadian Legion, requesting Council's
sponsorship of the Bowmanville Legion Pipe Brand at their Celtic
Gathering fund raiser event. The event will feature Celtic musicians,
singers, highland dancers with the pipe band at the Bowmanville High
School's 600 -seat auditorium on May 11, 2002. Their 50th Anniversary
Bowmanville Legion Pipe Band has just completed a successful 2001
season with 1St place wins at Fort Erie, Montreal and Fergus Highland
Games defeating 14 other pipe bands from across Canada and the United
States to win the Grade IV Canadian Pipe Band Championship Award.
This year the Bowmanville Legion Pipe Band will defend its Canadian title
at Fort Erie, Ontario and will compete at the United States Pipe Band
Championship at Alma, Michigan and the North American Pipe Band
Championships at Maxville, Ontario. The pipe band also plans to compete
at the World Pipe Band Championships held in Glasgow, Scotland in
August next year (2003). The Celtic Gathering is a chance for the Pipe
Band to share its success with the community and raise funds to defray
operating expenses and outfitting new members, as they are a non - profit
organization with limited resources.
(Motion for Direction)
D - 20 Jack Layton, President, Federation of Canadian Municipalities, requesting
Council endorse the following resolution regarding ratification of the Kyoto
Protocol:
"WHEREAS climate change causes drought, permafrost melting,
sea -level rise and floods that damage municipal infrastructure,
displace citizens and create a financial burden for municipal
government;
WHEREAS economic activity in rural and northern communities
relying on fisheries, tourism, forestry and agriculture is disrupted by
climate change;
Summary of Correspondence -17- April 2, 2002
WHEREAS investments in building retrofits, community energy
systems, water conservation, renewable energy technologies,
waste reduction, landfill gas capture, fleet management and public
transit reduce municipal operating costs, help maintain community
services and protect public health while cutting greenhouse gas
emissions contributing to climate change;
WHEREAS forestry and agriculture sectors can expand business
opportunities by increasing the capacity of trees and soils to absorb
carbon dioxide and by developing renewable fuels like ethanol;
WHEREAS fossil fuel producers are increasing investments in
renewable energy and alternative fossil fuel technologies that
reduce the amount of carbon dioxide going into the air; and
WHEREAS 72 per cent of Canadians want the Kyoto Protocol
ratified;
BE IT RESOLVED THAT the Municipality of Clarington endorse
ratification of the Kyoto Protocol; and
BE IT FURTHER RESOLVED THAT this resolution be
communicated to our Member of Parliament, provincial
environment and energy ministers, federal and provincial opposition
leaders, community media and the Federation of Canadian
Municipalities."
(Motion for Direction)
D - 21 Arnot Wotten, Chair, Clarington Agricultural Advisory Committee, advising
Council that the Clarington Agricultural Advisory Committee on
February 14, 2002, passed the following resolution:
"THAT it be requested that the Municipality of Clarington Council
ask Durham Region Chair Roger Anderson to provide, in writing,
his 20 year vision of Agriculture in Durham Region."
(Motion for Direction)
D - 22 Janisse Zimmerman, Clerk- Administrator, Municipality of Bluewater,
advising Council that the Municipality of Bluewater on March 4, 2002,
passed the following resolution:
"WHEREAS the Ministry of the Environment has imposed
regulations in regard to the operation and maintenance of municipal
water systems to ensure the safe quality of water;
AND WHEREAS the Ministry of the Environment has issued Orders
on municipal sewage lagoons in order to prevent the contamination
of water sources;
Summary of Correspondence -18- April 2, 2002
AND WHEREAS malfunctioning septic systems pose a danger of
contamination to potable water sources and to bodies of water used
for recreational purposes;
AND WHEREAS many owners of septic systems are unable to
repair or replace the malfunctioning septic system due to the cost;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Municipality of Bluewater hereby petitions the Ministry of the
Environment to provide a program for the repair /replacement of
septic systems based on the tile drain loan program provided by the
Ministry of Agriculture, Food and Rural Affairs; and further, that the
resolution be forwarded to municipalities province wide and to AMO
for their consideration and endorsement."
(Motion for Direction)
D - 23 Louise Gartshore, City Clerk, City of Woodstock, advising Council that the
City of Woodstock on March 7, 2002, passed the following resolution:
"THAT City Council request the Mayor to petition the Province to
allocate the revenues being distributed by the Ontario Trillium
Foundation on a per capita basis to the local municipalities for
distribution.
AND FURTHER that a resolution be circulated to all municipalities
in Ontario requesting the Province to allow the local municipalities
to allocate Trillium Funding within their municipality.
AND that Council direct staff to review eligibility of the Trillium
Foundation, and enter into discussions with the local
representatives with the goal of providing training workshops to
local organization and direct assistance to those wishing to apply."
(Motion for Direction)
SUMMARY OF BY -LAWS
APRIL 2, 2002
BY -LAWS
2002 -036 being a by -law to authorize entering into an Agreement with the
Owners of Plan of Subdivision 18T -92011 and any Mortgagee who
has an interest in the said lands, and the Corporation of the
Municipality of Clarington in respect of 18T -92011 (approved by
Council on September 24, 2001)
2002 -037 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the Town of Newcastle
(1413345 Ontario Inc. and Norm Hanaka) (approved by Council on
December 10, 2001)
2002 -038 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the Municipality of Clarington
(Ryan Best) (Item #5 of Report #1)
2002 -039 being a by -law to exempt a certain portion of Registered Plan
10M -836 from Part Lot Control (John and Jane De Jong) (Item #7
of Report #1)
2002 -040 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle
(Marko Tomina) (Item #19 of Report #1)
2002 -041 being a by -law to amend By -law 91 -58, as amended, being a
by -law to Regulate Traffic on Highways, Municipal and Private
Property in the Municipality of Clarington (Item #10 of Report #1)
2002 -042 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and Hardy Stevenson & Associates
Limited, Toronto, Ontario, to enter into an agreement for Consulting
Services, Port Granby Long Term Low -Level Radioactive Waste
Management (Item #17 of Report #1)
2002 -043 being a by -law to authorize the execution by the Mayor and Clerk of
a Long -Term Maintenance Agreement with Central Lake Ontario
Conservation for use of the Hampton Valley Lands (Item 2a of
Report #1)
2002 -044 being a by -law to establish a Transitional Board of Management to
operate museums on its behalf - Clarington Museum Transitional
Board (Item #12 of Report #1)
By -law Summary - 2 - April 2, 2002
2002 -045 being a by -law to establish a Board of Management to operate
museums on its behalf - Clarington Museum Board (Item #12 of
Report #1)
2002 -046 Confidential Property Matter (Item # 8 of Report #1)
2002 -047 Confidential Property Matter (Item #8 of Report #1)
2002 -048 Confidential Property Matter (Item #8 of Report #1)