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)