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HomeMy WebLinkAbout02/10/2003Leading the Way DATE: MONDAY, FEBRUARY 10, 2003 TIME: 7:00 P.M. PLACE: COUNCIL CHAMBERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on January 27, 2003 DELEGATIONS 1. Regional Chair Roger Anderson - Annual Address 2. Allan Hewitt, Chair, Samuel Wilmot Nature Area Management Advisory Committee - Annual Report 3. Suzanne McCrimmon, Clarington Board of Trade - Business Retention and Expansion Program 4. Jerry Hasiuk, Hasiuk Trailers Ltd., Box 722, Colbourne, KOK 1 SO - Gaining Entrance to Property at Baseline /Hancock Roads 5. Glen Cartwright, Habitat Works, 2099 Embleton Road, Huttonville, LOS 1 BO - Noise By -law Exemption 6. Glenda Gies, 311 Cove Road, Bowmanville, L1 C 3K3 - Noise By -law Exemption 7. James Garrow, 2033 Concession 6, Hampton, LOB 1 JO - Report CLD -07 -03 - Order to Restrain CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - February 10, 2003 8. Dennis Park and Cathy Carter, 1946 Concession Road 6, R.R. #1, Hampton, LOB 1 JO - Report CLD -07 -03 - Order to Restrain 9. Libby Racansky, 3200 Hancock Road, Courtice, L1 E 2M1 - Use of Non -Crop Herbicide Garlon 4E in Clarington COMMUNICATIONS Receive for Information 1- 1 Kevin Gaskin, Advanced Care Paramedic, President, Durham Paramedic Association - Public Access Defibrillator - Beech Centre 1 - 2 Minutes of the Clarington Traffic Management Advisory Committee Meeting 1 - 3 B. Taylor, City Clerk, City of Pickering - Regional Headquarters 1 - 4 P.M. Madill, Regional Clerk, Region of Durham - West Nile Virus 1 - 5 P.M. Madill, Regional Clerk, Region of Durham - Fish Habitat I - 6 Alderman John Schmal, President, Federation of Canadian Municipalities - Unified International Voice for Municipal Governments 1 - 7 John O'Toole, MPP, Durham - Nutrient Management Act and the Province of Ontario Opportunity Bonds 1 - 8 P.M. Madill, Regional Clerk, Region of Durham - Community Strategic Plan I - 9 P.M. Madill, Regional Clerk, Region of Durham - Regional Headquarters I - 10 Kim Coates, Clerk, Township of Scugog - Regional Headquarters I - 11 Minutes of the Central Lake Ontario Conservation Authority Meeting I - 12 Gregory W. Baxter, Account Manager, Municipal Relations, Municipal Property Assessment Corporation - Organizational Structure and Business Processes I - 13 Mel Lastman, Mayor, City of Toronto and Ed Morgan, Canadian Jewish Congress, Ontario Region - Mayors' Mission to Israel I - 14 Jan de Vries, Director, Juno Beach Centre Association - Thank You Letter Council Agenda - 3 - February 10, 2003 1- 15 John O'Toole, MPP, Durham - General /Family Practitioners 1 - 16 John O'Toole, MPP, Durham -Highway 407 1 - 17 Minutes of the Samuel Wilmot Nature Area Management Committee Meeting I - 18 Minutes of the Port Granby Project Community Advisory Committee Meeting I - 19 Federation of Canadian Municipalities - Intergovernmental Partnership I - 20 Government of Ontario Press Release - `Two- Hatter' Firefighters I - 21 Peter Balaban, District Manager, Ministry of the Environment Central Region York Durham District Office - Atlantic Packaging Ltd. Paper Fibre Biosolids and Sound -Sorb Berm, Oshawa Skeet and Gun Club: Results of Chemical and Microbiological Testing 1-22 Minutes of the Newcastle Village Business Improvement Association Meeting I - 23 Minutes of the Durham Nuclear Health Committee Meeting I - 24 Alan Nymark, Deputy Minister, Environment Canada - Climate Change Plan for Canada: Achieving Our Commitments Together I - 25 Steve Rowland - Elgin Street Bridge I - 26 Federation of Canadian Municipalities - Canadian Radio - television and Telecommunications Commission I - 27 Ministry of Tourism and Recreation - Northern Tourism Marketing Efforts Receive for Direction D - 1 John Shewchuk, Sales Representative, Industrial Commercial Investment - East Bowmanville Main Central Area D - 2 Pitch -In Ontario - Pitch -In Canada Week D - 3 John O'Toole, MPP, Durham - Concession 7 Traffic Concerns D - 4 Audrey Willson - Yellow Fish Program Council Agenda - 4 - February 10, 2003 D - 5 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority - Oak Ridges Moraine Conservation Plan D - 6 Patricia Enright, Clarington Public Library - Resignation of Steve Goodchild D - 7 Doug Cavanaugh, President, Durham Regional Police Association - Inadequacy of Courts D - 8 Jack Cox, President, Ontario Senior Games Association - Bid Guidelines MOTION NOTICE OF MOTION 1. General Purpose and Administration Committee Report of February 3, 2003 2. Report CLD -07 -03 - Order to Restrain - Garrow UNFINISHED BUSINESS BY -LAWS OTHER BUSINESS a) Regional Update b) Boards /Committees Update BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT SUMMARY OF CORRESPONDENCE FEBRUARY 10, 2003 CORRESPONDENCE FOR INFORMATION 1 - 1 Kevin Gaskin, Advanced Care Paramedic, President, Durham Paramedic Association, writing to Mr. Art Short, President, Bowmanville Lions Club regarding their purchase of a Public Access Defibrillator (PAD) to be located at the Beech Centre. Mr. Gaskin commends the Bowmanville Lions Club for their actions and their commitment to the PAD program in Durham Region. It is proven when someone suffers a cardiac arrest, the sooner the heart can receive an electrical shock the more beneficial it will be. (Receive for Information) 1 - 2 Minutes of the Clarington Traffic Management Advisory Committee meeting dated December 19, 2002. (Copy attached) (Receive for Information) 1 - 3 B. Taylor, City Clerk, City of Pickering, writing to the Region of Durham advising that the City of Pickering on January 20, 2003, passed the following resolution: "WHEREAS the City of Pickering represents approximately twenty percent of the assessment of the Region of Durham; and WHEREAS the City of Pickering taxpayers share in the cost of Region of Durham expenditures through the apportioned tax levy; and WHEREAS the Region of Durham Council has a responsibility to be accountable to the taxpayers of Pickering; and WHEREAS the Council of the City of Pickering realizes its' responsibility to exercise due diligence on behalf of it's constituents; and WHERES there has been limited information provided either to the City of Pickering Council and the local taxpayers regarding the proposed new Regional Headquarters; and WHEREAS there have been substantive changes to the reports issued to date at the Region which has resulted in some confusion; and WHEREAS the City of Oshawa, the Municipality of Clarington and the Town of Ajax have advised the Region of their opposition and /or concern; Summary of Correspondence - 2 - February 10, 2003 NOW THEREFORE be it resolved the Council of the City Pickering requests Durham Region Council defer any decision regarding the construction of a new Regional Headquarters until all the local Durham Municipalities have been provided with all reports and detailed documents supporting any business case analysis; and THAT the local Municipalities be given sufficient time for local review, public input and comment back to Regional Council; and THAT this motion be circulated to the Councils of all Durham Municipalities and all Durham MPPs." (Receive for Information) 1 - 4 P.M. Madill, Regional Clerk, Region of Durham, writing to the Honourable Ernie Eves, Premier and President of the Executive Council, advising that the Region of Durham on January 22, 2003, passed the following resolution: "a) THAT the position of the Board of Health for the City of Toronto Health Unit regarding 100% provincial funding for West Nile Virus prevention and control on an ongoing basis, be endorsed; and b) THAT the Premier of Ontario, Minister of Health and Long - Term Care, Durham Region's MPPs and municipal Councils, Chief Medical Officer or Health, Association of Local Public Health Agencies (alpha), Association of Municipalities of Ontario (AMO) and the Board of Health for the City of Toronto Health Unit, be so advised." (Receive for Information) 1 - 5 P.M. Madill, Regional Clerk, Region of Durham, writing to Chris Strand, Fisheries and Oceans Canada, advising that the Region of Durham on January 22, 2003, passed the following resolution: "a) THAT the Region execute a Letter of Intent (Attachment No. 1 of Report #2003 -W -11 of the Commissioner of Works) with the Department of Fisheries and Oceans to implement compensation, mitigation and monitoring measures for the alteration and disruption of fish habitat in a tributary of Harmony Creek Branch 4, south of Taunton Road (Regional Road 4) and east of Townline Road (Regional Road 55), in the Municipality of Clarington, and in the West Corbett Creek at its crossing of Consumers Drive (Regional Road 25), west of Thickson Road (Regional Road 26), in the Town of Whitby; b) THAT the Regional Chair and Clerk be authorized to sign the Letter of Intent appended as Attachment No. 1 to Report #2003 -W -11; and Summary of Correspondence - 3 - February 10, 2003 c) THAT a copy of Report #2003 -W -11 be forwarded to the Department of Fisheries and Oceans, Central Lake Ontario Conservation Authority, Municipality of Clarington, City of Oshawa and Town of Whitby." (Receive for Information) 1 - 6 Alderman John Schmal, President, Federation of Canadian Municipalities (FCM), advising Council that FCM recently attended the Executive Committee Meeting of the International Union of Local Authorities (IULA) held in Tunis. This was an historic meeting since decisions, taken there are leading to the amalgamation of IULA and the Federation Mondiale des Cites Unies /United Towns Organization (FMCU /UTO). This new, single, unified international voice for municipal governments will more effectively represent municipal issues within the international community of the United Nations, World Bank, and other conferences and forums. The new organization, tentatively named the World Organization of United Cities and Local Governments, will have the size, financial stability and mandate to be an influence on the world stage where individually the two previous organizations did not. The new organization will begin operations out of its new facility in Barcelona, Spain on January 1, 2004. (Receive for Information) 1 - 7 John O'Toole, MPP, Durham, advising Council that he is confident that Clarington's support for the County of Essex resolution regarding the Nutrient Management Act and the Province of Ontario Opportunity Bonds will be of assistance in encouraging the federal government to work cooperatively with the Province as a partner in ensuing all communities have modern and efficient public infrastructure. (Receive for Information) 1 - 8 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham approved the development of a Community Strategic Plan at its October 23, 2002, Council meeting. As part of the development of the Community Strategic Plan, there will be consultation with the community in each local municipality and there will be opportunity for input from municipal staff and residents at each of these public meetings. (Receive for Information) 1 - 9 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on January 22, 2003, passed the following resolution: "THAT Item 1 of the First Joint Report of the Committees (Regional Administrative Headquarters) be deferred to February 12, 2003, in accordance with the resolutions of 4 local Councils, to address additional opportunities for due diligence and constituent inputs." (Receive for Information) Summary of Correspondence - 4 - February 10, 2003 1 - 10 Kim Coates, Clerk, Township of Scugog, advising Council that the Township of Scugog on January 27, 2003, received for information purposes only the Municipality of Clarington's resolution regarding the proposed new Regional Headquarters building. (Receive for Information) I - 11 Minutes of the Central Lake Ontario Conservation Authority meeting dated January 21, 2003. (Copy attached) (Receive for Information) 1 - 12 Gregory W. Baxter, Account Manager, Municipal Relations, Municipal Property Assessment Corporation, advising Council of the new organizational structure and business processes. The improvements will mean: 1. local office access; 2. improved contact; 3. assessments exceed international standards; 4. supplementary and omitted assessments; 5. employee impact; 6. improved service to customers; and 7. MPAC /OPSEU negotiations. (Receive for Information) 1- 13 Mel Lastman, Mayor, City of Toronto and Ed Morgan, Canadian Jewish Congress, Ontario Region, announcing and inviting Council to participate in Canadian Jewish Congress, Ontario Region's first ever Mayors' Mission to Israel, May 10 - 16, 2003. (Receive for Information) 1 - 14 Jan de Vries, Director, Juno Beach Centre Association, thanking Council for supporting the Juno Beach Memorial Education Centre. Clarington inscribed bricks will now be placed with all the Durham municipal bricks. The decision to purchase two bricks means the name of Clarington will also be placed on the supporters' wall which will be located in the lobby of the Centre as well as on the Juno Beach Centre web site. (Receive for Information) 1 - 15 John O'Toole, MPP, Durham, providing Council with a copy of a letter from the Honourable Tony Clement, Minister of Health and Long -Term Care with a further explanation of the implications of being designated as underserviced with regard to General /Family Practitioners. Mr. O'Toole is confident this designation will be of value in ensuring additional doctors can be recruited to serve the growing communities. (Receive for Information) Summary of Correspondence - 5 - February 10, 2003 1 - 16 John O'Toole, MPP, Durham, writing to the Honourable Norman Sterling requesting a meeting with him regarding the planned Highway 407. The construction of a new freeway through Clarington is a concern to all constituents. Location, timing, environmental, agricultural and property /business impacts are just a few of a local challenges we are facing. (Receive for Information) 1- 17 Minutes of the Samuel Wilmot Nature Area Management Committee meeting dated November 12, 2002. (Copy attached) (Receive for Information) I - 18 Minutes of the Port Granby Project Community Advisory Committee meeting dated January 6, 2003. (Copy attached) (Receive for Information) 1 - 19 Federation of Canadian Municipalities (FCM), advising Council that in an open letter to Prime Minister Jean Chretien, the President of FCM stated that Canada's cities and towns require renewed federal involvement and intergovernmental partnership to meet growing and urgent needs. It represents FCM's latest push to secure adequate funding for municipal priorities in such areas as infrastructure, transportation and transit, as well as affordable housing. (Receive for Information) 1-20 Government of Ontario Press Release, advising that the Ernie Eves government has appointed the Honourable George W. Adams, QC, to conduct talks with fire services stakeholder groups and review the use of full -time firefighters who also serve as volunteer firefighters or other emergency response personnel. Because 95 percent of Ontario communities rely on volunteer firefighters to augment or provide fire suppression services to their residents, full -time firefighters also serve in other communities as volunteer firefighters or other emergency response personnel. As a result, a number of `two- hatter' firefighters are at risk of being expelled from their associations and losing their jobs. (Receive for Information) 1 - 21 Peter Balaban, District Manager, Ministry of the Environment Central Region York Durham District Office, providing Council with a copy of an addendum to a report entitled Atlantic Packaging Ltd. Paper Fibre Biosolids and Sound -Sorb Berm, Oshawa Skeet and Gun Club: Results of Chemical and Microbiological Testing. (Receive for Information) 1-22 Minutes of the Newcastle Village Business Improvement Association meeting dated January 9, 2003. (Copy attached) (Receive for Information) Summary of Correspondence - 6 - February 10, 2003 1- 23 Minutes of the Durham Nuclear Health Committee meeting dated January 17, 2003. (Copy attached) (Receive for Information) I - 24 Alan Nymark, Deputy Minister, Environment Canada, providing Council with a copy of the Climate Change Plan for Canada: Achieving Our Commitments Together. The Plan sets out an approach both to meet the international commitment and to putting Canada on a path to lower emissions intensity over the long term. (Receive for Information) 1-25 Steve Rowland, thanking Council for the repairs to the Elgin Street bridge. Combined with the restoration of Concession Street, the results rejuvenate the character of the neighbourhood. (Receive for Information) 1-26 Federation of Canadian Municipalities (FCM), advising Council that on December 7, 2002, the Federal Court of Appeal upheld the decision of the Canadian Radio - television and Telecommunications Commission (CRTC) that there are no constitutional limits on its power to impose all of the conditions under which telecommunications companies may gain access to and use municipal rights -of -way for their transmission lines. However, the Court was divided with respect to how the CRTC dealt with the issue of compensation for the use of municipal lands. FCM is concerned about the implications of the ruling in relation to the right of municipal governments to manage public lands and to receive fair compensation for their use by telecommunications companies. (Receive for Information) I - 27 Ministry of Tourism and Recreation, advising Council that the Ernie Eves government is establishing a new delivery model and investing up to $6.8 million to enhance northern tourism marketing efforts. The new model integrates northern tourism marketing with the Ontario Tourism Marketing Partnership Corporation, the government's tourism marketing agency. (Receive for Information) CORRESPONDENCE FOR DIRECTION D - 1 John Shewchuk, Sales Representative, Industrial Commercial Investment, advising Council that he was discouraged to read about the future development freeze for East Bowmanville Main Central Area. Mr. Shewchuk agrees that there is a traffic problem in Bowmanville but this problem is certainly not restricted to this East Bowmanville Area nor caused by it. Traffic is certainly problematic throughout the whole downtown core and is quite clearly a result of the residential growth Bowmanville has experienced over the last year. It is unfortunate that the effects of such growth over the last 4 years could not have been better foreseen from the number of applications for building permit approvals and such traffic issues anticipated. Summary of Correspondence - 7 - February 10, 2003 It is unfair to the business community and residents in the East Main Central Area to shoulder this problem in this way. It is unfair to the applicants who have invested considerable time and monetary resources to bring forth their proposals. (Motion to refer correspondence to the Director of Planning Services) D - 2 Pitch -In Ontario, requesting Council to proclaim the week of April 21 - 27, 2003 as "Pitch -In Canada Week ". (Motion to Proclaim) D - 3 John O'Toole, MPP, Durham, advising Council of concerns that have been brought to his attention regarding the speed of traffic on the 7 t Concession at Tyrone. (Motion to refer correspondence to the Director of Engineering Services) D - 4 Audrey Willson, requesting Council's permission to hold the Yellow Fish Program in Newcastle Village on May 3, 2003. Girls aged 5 years to 15 years will be painting yellow fish on curbs where drains are located. The girls will also be handing out leaflets to each door. Ms. Willson advises that roads will not need to be closed off but she would like to request the use of curbs and two feet of the streets. She would also like to request the use of pylons and vests for the girls to wear while painting. (Motion to refer correspondence to the Director of Engineering Services) D - 5 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority, providing Council with a copy of the proposal to municipalities regarding Implementation of the Oak Ridges Moraine Conservation Plan and maps showing the watersheds on the Oak Ridges Moraine within the jurisdiction of the Durham Region Conservation Authorities. He requests the proposal be referred to the appropriate staff for follow -up. (Motion to refer correspondence to the Director of Planning Services) D - 6 Patricia Enright, Library Director /Secretary- Treasurer, Clarington Public Library Board advising of Steven Goodchild's resignation from the Board and requesting the appointment of a replacement member for the remainder of the term. (Motion to thank Mr. Goodchild for his service to the Library Board and refer the correspondence to the Municipal Clerk for an ad to be placed in the local newspaper) Summary of Correspondence - 8 - February 10, 2003 D - 7 Doug Cavanaugh, President, Durham Regional Police Association, advising Council of one of the foremost issues plaguing their Association, inadequacy of the courts within the Durham Region. With several court locations to staff, insufficient and unsafe holding facilities for accused persons, the justice system has become unjust for all. There have been incidents of escapes by high risk and youthful offenders in the past directly related to the court facilities. There is now a situation that has forced this Police Service to house institutionalized persons within the holding cells of their police stations while awaiting transportation to the courts. This procedure is inappropriate if not illegal. This Association has met with local and Provincial politicians demanding immediate action for a new and adequate court facility. An immediate commitment from the Province of Ontario to begin construction is demanded. (Motion for Direction) D - 8 Jack Cox, President, Ontario Senior Games Association, providing Council with a copy of the Bid Guidelines for the Ontario Senior Games - Winterfest 2005. Mr. Cox is inviting the Municipality of Clarington to apply as the host of the 2005 Ontario Senior Games - Provincial Championships. The Winterfest Games are held every two years and are the highest profile winter multi -event competition for seniors in Ontario. The deadline for receipt of a `Letter of Intent' is February 21, 2003 and the deadline for receipt of bid proposal applications is March 31, 2003. (Motion for Direction) SUMMARY OF BY -LAWS FEBRUARY 10, 2003 BY -LAW 2003 -019 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and John Bianchi Grading Limited, Bolton, Ontario, to enter into agreement for the Green Road Storm Sewer Installation (Item #13 of Report #1)