HomeMy WebLinkAbout03/31/2003x
REVISED
Leading the Way
DATE: MONDAY, MARCH 31, 2003
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
PRAYERS
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETING
Minutes of a meeting of Council held on March 17, 2003
PRESENTATIONS
1. Gregory Smith, Senior Vice - President, Darlington Nuclear - Update of
Activities for 2003
2. Corporate Citizen of the Year Award - Gregory Smith, Senior Vice -
President, Ontario Power Generation, Darlington Nuclear
3. 2002 Heritage Community Recognition Awards
DELEGATIONS
1. Fred Archibald, 6275 Liberty Street North, Bowmanville, L1 C 3K6 - Report
PSD- 033 -03 (Unfinished Business)
2. Linda Gasser, 7421 Best Road, Orono, LOB 1 MO - Report PSD- 033 -03
(Unfinished Business)
3. Karen Flim, 6143 Hillen Road, Kendal, LOA 1 EO - Public Safety Issue
4. Glen Flim, 6143 Hillen Road, Kendal, LOA 1 EO - Public Safety Issue
5. Florence Stephenson, 4346 Concession Road 6, Kendal, LOA 1 EO - Public
Safety Issue
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - March 31, 2003
6. Richard Stephenson, 4346 Concession Road 6, Kendal, LOA 1 EO - Public
Safety Issue
7. Kathleen Richardson, 6179 Andrews Road, Kendal, LOA 1 EO - Public
Safety issue
8. Eric Atkins, 4334 Concession Road 6, Kendal, LOA 1 EO - Public Safety
Issue
9. Norm Monaghan, 427 Trent Valley Road, R.R. #4, Brighton, KOK 1 HO -
Public Safety Issue
10. Keith Worden, 32 King Street East, Oshawa, L1 H 1 B3 - Public Safety
Issue
11, Greg Farrant, Government Relations Manager, Ontario Federation of
Anglers and Hunters, P.O. Box 2800, Peterborough, K9J 81-5 - Public
Safety Issue
12. John McKelvey, 1411 Regional Road 42, Bowmanville, L1 C 3K5 - Public
Safety Issue
13. John Almond, Ministry of Natural Resources, 50 Bloomington Road West,
Aurora, L4G 3G8 - Public Safety Issue
14. Arnot Wotten, 1933 Concession Road 6, R. R. #1, Hampton, LOB 1 JO -
Public Safety Issue
15. Detective Craig Greentree, Durham Regional Police, 16th Division - Public
Safety Issue
16. John Baker, Marksmen Club of Oshawa, 5070 Holt Road, LOB 1 JO - Gun
Clubs
17. Doug Wade, Property Manager, Union Rod and Gun Club, 3796
Concession Road 3, Newcastle, L1 B 1 L9 - Gun Clubs
18. Rick Roddy, President, Union Rod and Gun Club, 3796 Concession Road
3, Newcastle, L1 B 1 L9 - Gun Clubs
19. Bill Grealis, Vice President, Union Rod and Gun Club, 3796 Concession
Road 3, Newcastle, L1 B 1 L9 - Gun Clubs
20. Marvin Wierbicki, 2 Clayton Crescent, Bowmanville, L1C 4P2 - Snow
Clearing Invoice
Council Agenda - 3 - March 31, 2003
21. Michael Curry, 4 Holgate Crescent, Bowmanville, L1 C 3R7 - Snow
Clearing Invoice
22 Rick Maeder, 7 Auburn Lane, Courtice, L1 E 2136 - Snow Clearing Invoice
23. Jerry Bailey, 3 Kingscourt Road, Bowmanville, L1 C 2K7 - Confidential
Report CLD- 014 -03
COMMUNICATIONS
Receive for Information
I - 1 Association of Municipalities of Ontario - Kids Voting Canada
1 - 2 Conservation Authorities Moraine Coalition - One Year Later -
Perspectives on the Oak Ridges Moraine Conservation Plan
1 - 3 Joan King, Member of the Board of Directors, Clean Air Foundation - Mow
Down Pollution Campaign
1 - 4 Lisa McNee- Baker, Executive Director, Big Brothers & Sisters of
Clarington - Bowl for Kids' Sake
1 - 5 Ganaraska Region Conservation Authority - Spring Weather
1 - 6 P.M. Madill, Regional Clerk, Region of Durham - Special Emergency
Management Funding
1 - 7 Kaye Quinney, Treasurer, Clarington East Economic Support - Thank You
Letter
1 - 8 Humane Society of Durham Region - Thank You Letter
1 - 9 Gabrielle Worsley, Hall Coordinator, Newcastle Community Hall - Thank
You Letter
1 - 10 Mary MacDonald, Board President and Cheryl MacLeod, Executive
Director, Hospice Durham - New Annual Funding
- 11 P.M. Madill, Regional Clerk, Region of Durham - Aggregate Resources
Act, the Municipal Act and the Planning Act
1 - 12 Minutes of the Village of Tyrone and Surroundings Community Centre
Meeting
Council Agenda - 4 - March 31, 2003
1 - 13 David J. Johnson, Chair, Sport Alliance of Ontario -Community Sport for
All Award
1 - 14 Angela Lloyd, Chairperson of the Board and Avis Glaze, Director of
Education, Kawartha Pine Ridge District School Board - Envisioning the
Future Committee
1 - 15 Nancy Naylor, Assistant Deputy Minister of Finance - Consultations
Report on Tax - Incentive Zones
1 - 16 Chris Kooy, on behalf of the Clarington Physician Recruitment Task
Force - Incentive Options for Physicians
1 - 17 Eva Ligeti, Executive Director, The Clean Air Partnership - Smog Summit
1 - 18 Denise Yorke - Gerrits, Chair, Board of Directors, Bethesda House -
Resignation of the Chair and Director of the Board of Directors
1 - 19 Minutes of the Newcastle Village Business Improvement Association
Meeting
1-20 Bay of Quinte Remedial Action Plan Restoration Council - "The Big
Cleanup" Newsletter
1 - 21 Minutes of the Clarington Traffic Management Advisory Committee
Meeting
1-22 Elizabeth Fournier, Director of Communications, Adams Mine Rail Haul -
Rail Haul of Solid Waste, The Ontario Solution
1-23 Minutes of the Emergency Management Ontario Meeting
1-24 R.G. Lee, Chairman, Newcastle Memorial Arena Management Board -
Thank You Letter
Receive for Direction
D - 1 Gary Napper, Deputy Clerk, the Corporation of the Municipality of
Brockton - Intensive Livestock Facilities
D - 2 Tracey Mann, Chair, Board of Directors, Volunteer Canada - National
Volunteer Week
D - 3 Gideon Goosen - Requesting Information
Council Agenda - 5 - March 31, 2003
D - 4 Bonnie McPhail and Ronald S. Harrison, Co- Chairs, Autism Society
Ontario - Toonie for Autism Day
D - 5 Paul Brace, Manager of Planning Services, Kawartha Pine Ridge District
School Board - Maple Grove Public School
D - 6 J. Ambrose, M. Wicks, L. Heard and E. Heard - Caarington Master Fire
Plan
D - 7 Valentine Lovekin, Chair, Newcastle Downtown Business Improvement
Association and Masood Vatandoust, President, Newcastle and District
Chamber of Commerce - Safety Issues
D - 8 John Maguire - Walkway /Sidewalk at Cecil Found Crescent, Courtice
D - 9 Mr. Frederick R. Ufton - Change of Land Description
D - 10 Della and Rodney Graham - Misappropriation of Municipal Property
D - 11 Darren Wong - GO Transit
D - 12 B. Taylor, City Clerk, City of Pickering - Excessive Speeds on Roads
D - 13 Jodi Chittick DeNoble, Acting Clerk, Town of Smith - Ennismore - Lakefield -
Safe Drinking Water Act, Bill 195
D - 14 Kenneth McGill, President, Port Darlington Harbour Company - Soper
Creek Dredging
D - 15 Terry James, Durham Senior Games Luncheon Co- ordinator, Durham
Ontario Senior Games - Request for Donation
MOTION
NOTICE OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of
March 24, 2003
2. Confidential Report CLD- 014 -03 - Personnel Matter (to be distributed under
separate cover)
Council Agenda - 6 - March 31, 2003
UNFINISHED BUSINESS
Report PSD- 033 -03 - Application to Amend the Clarington Official Plan,
Region of Durham Official Plan and Municipality of Clarington
Comprehensive Zoning By -law, Applicant: Frederick and Sandra
Archibald (Tabled to Council from the General Purpose and Administration
Committee Meeting of March 24, 2003)
BY -LAWS
OTHER BUSINESS
(a) Regional Update
(b) Boards /Committees Update
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
SUMMARY OF CORRESPONDENCE
MARCH 31, 2003
CORRESPONDENCE FOR INFORMATION
1 - 1 Association of Municipalities of Ontario (AMO), advising Council that AMO
is in support of Kids Voting Canada. Upon issue of the Provincial Election
Writ, participating schools will learn of the democratic process and discuss
issues that students bring to the classroom. Schools will receive ballots
and ballot boxes, and will coordinate a student voters' list within each
school. On election day, students will vote on candidates in their local
ridings. After official polls close, the CBC will report the results of the
student vote alongside the official results.
(Receive for Information)
1 - 2 Conservation Authorities Moraine Coalition, advising Council of a one -day
symposium entitled "One Year Later - Perspectives on the Oak Ridges
Moraine Conservation Plan ". This symposium will take place on
Thursday, May 1, 2003, 9:00 a.m. to 4:00 p.m. at King Campus, Seneca
College.
(Receive for Information)
1 - 3 Joan King, Member of the Board of Directors, Clean Air Foundation,
advising Council of their Mow Down Pollution campaign. All 92 Home
Depot Stores across Canada will be participating in this year's effort to get
old, polluting two - stroke gas lawn mowers out of the garden. A typical
older 3.5 horsepower gas mower running for one hour produces the same
amount of emissions contributing to smog as a new car driven 547
kilometers. Starting Friday, April 25 and running until Sunday,
May 4, 2003, people can bring their old mowers to any Home Depot store
for recycling and get an instant rebate of up to $100 on a new clean -
emission electric mower or trimmer, a new push power mower, or a low -
emission gas mower.
(Receive for Information)
1 - 4 Lisa McNee- Baker, Executive Director, Big Brothers & Sisters of
Clarington, thanking Council for sponsoring a bowling lane during their
annual "Bowl for Kids' Sake" fundraising campaign. "Bowl for Kids' Sake"
was very well attended and proved to be a valuable opportunity to
highlight business and community support.
(Receive for Information)
1 - 5 Ganaraska Region Conservation Authority, advising Council of the
dangers that exist around area streams, rivers, ponds and lakes during the
spring runoff period. Spring is quickly approaching and we look forward to
warmer weather and being outdoors. Spring weather also brings melting
snow, rain and the breakup of ice along rivers, streams, ponds and lakes.
During this time of year people can expect higher, faster flowing water
along with slippery, unstable stream banks and extremely cold water
temperatures that can lead to very hazardous conditions close to any
water body. .
Summary of Correspondence - 2 - March 31, 2003
Please exercise extreme caution around any water body over the next few
weeks and help make this a safe and enjoyable spring.
(Receive for Information)
1 - 6 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on March 5, 2003, passed the following resolution:
"a) THAT CC #436 -2002 from Mr. B. Taylor, City Clerk, City of
Pickering, concerning special emergency management
funding for all municipalities that host nuclear facilities be
endorsed; and
b) THAT Report #2003 -A -10 of the Director of Emergency
Measures be sent to the Minister of Public Safety and
Security, local members of Parliament and local Members of
the Provincial Legislature and Canadian Nuclear Host
Communities."
(Receive for Information)
-7 Kaye Quinney, Treasurer, Clarington East Economic Support, thanking
Council for the grant of $1500.00. This is most helpful to them and they
are thankful for Council's support of their efforts in this community.
(Receive for Information)
1 - 8 Humane Society of Durham Region, thanking Council for the grant of
$1000.00.
(Receive for Information)
1 - 9 Gabrielle Worsley, Hall Coordinator, Newcastle Community Hall, thanking
Council for the grant of $5000.00.
(Receive for Information)
1 - 10 Mary MacDonald, Board President and Cheryl MacLeod, Executive
Director, Hospice Durham, advising Council that they have been awarded
new annual funding of $105,500 from the Ministry of Health and Long -
Term Care. Their future as a community agency providing volunteer
palliative support to those facing a life- threatening illness is now secure.
On behalf of all the clients and families they serve, they extend their
thanks and appreciation to Council.
(Receive for Information)
- 11 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on March 5, 2003, passed the following resolution:
"a) THAT the Region of Durham supports the resolution of the
Council of the Township of Ramara requesting the Province
to consider changes to the Aggregate Resources Act, the
Municipal Act and the Planning Act; and
Summary of Correspondence - 3 - March 31, 2003
b) THAT a copy of Commissioner's Report No. 2003 -P -23 be
forwarded to the Ministry of Natural Resources, the Ministry
of Municipal Affairs and Housing, the Township of Ramara,
the area municipalities in Durham and Aggregate Producers
Association of Ontario."
(Receive for Information)
I - 12 Minutes of the Village of Tyrone and Surroundings Community Centre
meeting dated March 6, 2003. (Copy attached)
(Receive for Information)
1 - 13 David J. Johnson, Chair, Sport Alliance of Ontario, advising Council of the
Community Sport for All Award. The Sport Alliance of Ontario, with
support from the Ontario Trillium Foundation, will be recognizing Ontario's
community sport councils or similar organizations by presenting them with
a Community Sport for All Award at the inaugural Ontario Sport
Leadership Conference on May 9 - 10, 2003, at the Hilton Suites
Conference Centre in Markham. The deadline for nominations is
Wednesday, April 30, 2003.
(Receive for Information)
1 - 14 Angela Lloyd, Chairperson of the Board and Avis Glaze, Director of
Education, Kawartha Pine Ridge District School Board, inviting Council to
participate as a member of the Envisioning the Future Committee. They
are engaging in a long -term planning process through which they review
and establish Areas of Emphasis as an organization. To fully engage their
partners in charting the course for the next planning cycle, they have
created a comprehensive four -stage process which will involve extensive
representation from their staff and community.
(Receive for Information)
I - 15 Nancy Naylor, Assistant Deputy Minister of Finance, providing Council
with a copy of the Consultations Report on Tax - Incentive Zones. This
input makes an invaluable contribution of the government's policy
development work for a permanent made -in- Ontario tax - incentive zone
program.
(Receive for Information)
I - 16 Chris Kooy, on behalf of the Clarington Physician Recruitment Task Force,
providing Council with a copy of a list being distributed throughout the
community regarding incentive options to attract family physicians. (Copy
attached)
(Receive for Information)
1 - 17 Eva Ligeti, Executive Director, The Clean Air Partnership, inviting Council
to join municipal leaders from across the Greater Toronto Area, and
ministers from the federal and provincial governments to take part in the
fourth annual Smog Summit to be held in Toronto's Metro Hall Council
Chambers on June 20, 2003.
(Receive for Information)
Summary of Correspondence - 4 - March 31, 2003
1 - 18 Denise Yorke - Gerrits, Chair, Board of Directors, Bethesda House,
advising Council that Robert Burke has resigned as chair and director of
the Board of Directors. Ms. Yorke - Gerrits will be taking over the
responsibilities of chair.
(Receive for Information)
I - 19 Minutes of the Newcastle Village Business Improvement Association
meeting dated March 11, 2003. (Copy attached)
(Receive for Information)
I - 20 Bay of Quinte Remedial Action Plan Restoration Council, providing
Council with copies of their "The Big Cleanup" newsletter for 2002 -2003
Spring/Winter regarding toxics issues.
(Receive for Information)
1 - 21 Minutes of the Clarington Traffic Management Advisory Committee
meeting dated February 20, 2003. (Copy attached)
(Receive for Information)
1-22 Elizabeth Fournier, Director of Communications, Adams Mine Rail Haul,
providing Council with a copy of Rail Haul of Solid Waste, The Ontario
Solution. With the closure of the Keele Valley landfill resulting in 100% of
the City of Toronto garbage being shipped to Michigan, railhaul of solid
waste to the Adams Mine is being discussed extensively by the press and
other parties concerned with the disposal issue. While the Regions of
York and Durham were committed to an Ontario Solution, and has
approved using railhaul to the Adams Mine Landfill, the failure of the City
of Toronto to finalize a contract resulted in the Regions being forced to
use Michigan disposal. Unfortunately there is much misinformation and
uninformed comment being made by some councillors. The facts are
simple, the Town of Kirkland Lake has been a willing host since 1990,
railhaul to the Adams Mine will save millions in disposal costs, result in
extensive investment in an Ontario solution, and save millions in
environment impacts by using rail vs truck.
(Receive for Information)
CORRESPONDENCE FOR DIRECTION
D - 1 Gary Napper, Deputy Clerk, the Corporation of the Municipality of
Brockton, advising Council that the Corporation of the Municipality of
Brockton on January 13, 2003, passed the following resolution:
"WHEREAS one of the main reasons behind Bill 81, The Nutrient
Management Act was the tragedy that took place in this very
community;
Summary of Correspondence - 5 - March 31, 2003
AND WHEREAS one of the main components of the Municipality of
Brockton is small and medium sized farm families. The Municipality
of Brockton is concerned that the growth of Intensive Livestock
Facilities is contributing to the decline of small -town and rural
Ontario;
AND WHEREAS there is concern for the potential devastating
financial impact on small and medium sized farms with the current
Draft Regulations of the Nutrient Management Act;
AND WHEREAS the overwhelming majority of the citizens of the
Municipality of Brockton and supported by the Council of the
Municipality of Brockton has concerns over the extreme growth of
Intensive Livestock Operations and the large potential impact on
the environment, drinking water quality and rural neighbourhoods;
AND WHEREAS the Municipality of Brockton feels that the draft
regulations of the Nutrient Management Act will have little impact in
curtailing these Intensive Livestock Operations to the detriment of
the environment, safe drinking water and rural neighbourhoods;
NOW THEREFORE be it resolved that the Municipality of Brockton:
i) calls upon the Government of Ontario to enact a moratorium
on the construction of all Intensive Livestock Operations in
the Province;
ii) calls upon the Government of the Province of Ontario to give
municipalities local control over regulating the size and
locations of Intensive Livestock Facilities, with special
emphasis on protecting the environment rights of people
over the profits of corporate Agri- business;
iii) calls upon the Government of the Province of Ontario to
enact legislation that requires official zoning buffer -zones
around any proposed Intensive Livestock Operations and
categories with all the requisite effluent and environmental
requirements;
iv) directs the creation of a letter to Minister Johns, the current
Ministry of Agriculture, copied to her counterparts in the
opposition parties, strongly expressing the Municipality's
concerns regarding the impact on small and medium sized
farm families, and the absence of any real controls on
Intensive Livestock Operations in the current Draft
Regulations to the Nutrient Management Act;
v) a copy of the above letter is also to be forwarded to all local
media, along with provincially significant media outlets;
Summary of Correspondence - 6 - March 31, 2003
vi) all other municipalities in the Province of Ontario will be
contacted asking for resolutions of support for Brockton's
concerns."
(Motion to refer correspondence to the
Agricultural Advisory Committee)
D - 2 Tracey Mann, Chair, Board of Directors, Volunteer Canada, requesting
Council to proclaim April 27 - May 3, 2003, as National Volunteer Week.
Volunteers are instrumental in the creation of civil society. They are
essential to the organizations that serve the needs of Canadians. Each
individual makes a difference in Canadian lives; their combined efforts are
a force for change in society. National Volunteer Week is a time for
organizations to thank volunteers that have given their time, skills and
experience.
(Motion to Proclaim)
D - 3 Gideon Goosen, South Africa, requesting Council for the following
information:
1. travel guide of Clarington;
2. road map of Clarington /National parks;
3. colour copy Coat of Arms;
4. tourist guide of Bowmanville;
5. complete street plan of Bowmanville;
6. accommodation guide (brochures);
7. transportation network and timetable;
8. calendar of events;
9. historical buildings and sites;
10. information and photos of dams, lakes; and
11. any other information.
(Motion to refer correspondence to the
Marketing and Tourism Officer)
D - 4 Bonnie McPhail and Ronald S. Harrison, Co- Chairs, Autism Society
Ontario, requesting Council to proclaim April 25th as "Toonie for Autism
Day ". This is a province -wide initiative to help young people, their
teachers, their parents and their communities get a better understanding
about the challenge people with autism face. Thousands of students
struggle with learning challenges associated with autism or Autism
Spectrum Disorders (ASD) in schools across Ontario. More children are
being diagnosed with autism than ever before and are entering
classrooms in our schools in record numbers. They are in need of specific
educational supports, informed teachers and welcoming classrooms of
fellow students.
(Motion to Proclaim)
Summary of Correspondence - 7 - March 31, 2003
D - 5 Paul Brace, Manager of Planning Services, Kawartha Pine Ridge District
School Board, advising Council that the Kawartha Pine Ridge District
School Board on February 27, 2003, passed the following resolution:
"THAT the Kawartha Pine Ridge District School Board approve the
closing of Maple Grove Public School effective 30 June 2003; and
THAT Administration proceed with the disposition of Maple Grove
Public School, 2038 Nash Road, R.R. #3, Bowmanville."
The Kawartha Pine Ridge District School Board are offering the property
at fair market value to:
• The English language college for the area in which the property is
located;
• The university, the head of which is nearest the property;
• The municipality in which the property is located; and
• Public Works and Government Services Canada (the Crown in
Right of Canada).
(Motion to refer correspondence to the
Director of Planning Services)
D - 6 J. Ambrose, M. Wicks, L. Heard and E. Heard, advising that a group of
four ratepayers from the Mitchells' Corners/Taunton village area attended
the presentation of the proposed Clarington Master Fire Plan on January
30, 2003. There is no question about the need for improved protection in
the southern portion of Courtice. They do not feel, however, that the
relocation of Station 4 to the proposed site at 2611 Trulls Road is the best
solution to the problem. Current response time to Zion United Church by
the Fire Department is 6 minutes, by the ambulance in excess of 15
minutes. 60 to 70 percent of Fire Department calls are for medical
reasons. The trucks are now equipped with defibrillators and the
firefighters are well trained in life support techniques. In most cases, the
fire trucks arrive first and are able to give valuable assistance before the
ambulance arrives. Relocating Station 4 to south of Highway 2 adds 2 km
and two intersections to the run which translates into a 2 to 3 minute delay
in response time depending upon travel conditions. In the even of a
cardiac emergency that delay could be the difference between life and
death. Many of their residents are senior citizens, and the prospect of
such a delay is most distressing. They are suggesting that the population
at large would be better served by building the new station in a more
central location in south Courtice, possibly in the vicinity of Bloor and
Trulls Roads. This would give improved east/west access, especially to
the 401, while still retaining the north /south route. The current proposal
calls for two 24 hour crews to operate out of the new station. Their
suggestion is that one crew operate from the new facility and the other
crew remain at existing Station 4.
(Motion to refer correspondence to the
Director of Emergency Services)
Summary of Correspondence - 8 - March 31, 2003
D - 7 Valentine Lovekin, Chair, Newcastle Downtown Business Improvement
Association and Masood Vatandoust, President, Newcastle and District
Chamber of Commerce, advising Council of their concerns arising from an
accident which occurred on January 28, 2003, on the 401 between
Newcastle and Newtonville. They feel that there is a serious safety issue
arising from this accident. On the day of the accident, the traffic had to be
re- routed from Newtonville Road, north to Highway 2, west to Mill Street,
Newcastle and then south to the Mill Street access ramp for the 401
westbound. This is a very dangerous situation where a disaster is just
waiting to happen in the Newcastle community because of all the
undirected traffic routing through the middle of their downtown business
area and down Mill Street. Their safety issues are outlined.
(Motion to refer correspondence to the
Director of Engineering Services)
D - 8 John Maguire, writing to Council regarding the walkway used by North
Courtice Public School and Courtice Secondary School students. Mr.
Maguire states that he assumes the municipality would be responsible for
the walkway if someone was to be injured because of the lack of
maintenance. He has witnessed personally three children falling on the
ice at the walkway. This walkway should be maintained or closed, to
protect taxpayers from having to occur the cost of potential lawsuits due to
the ice and snow. Before the municipality constructed the walkway there
was a swale running between the properties of 63 and 67 Cecil Found
Crescent that worked very well, now all the water from the swale runs onto
Mr. Maguire's 4 foot side yard. He also has water laying in his driveway
now because the municipality constructed the sidewalk in front of his
house with a higher grade than the driveway, therefore water now runs
from the sidewalk to the center of the driveway. The mountain of dirt that
was trucked into the east part of Mr. Maguire's property is already shifting
through his fence into his backyard and causing damage.
(Motion to refer correspondence to the
Director of Engineering)
D - 9 Mr. Frederick R. Ufton, writing to Council regarding a piece of property at
Wilmot Creek which Ridge Pine Park Inc. is trying to have changed from
Permanent Agricultural Reserve to Living Area. Mr. Ufton has provided
several letters and advertisements regarding the problems at Wilmot
Creek and is requesting Council not to change the land description on the
piece of property in question.
(Motion to refer correspondence to the
Director of Planning Services)
D - 10 Della and Rodney Graham, writing to Council regarding misappropriation
of municipal property. Mr. and Mrs. Graham reside on Pinedale Crescent
in Courtice and they wrote a letter to the Municipal Law Enforcement
Division on December 6, 2001. They received a response on January 16:
2002, stating that they would hear something from the municipality in the
near future. It has been well over a year and misappropriation of
municipal property is still occurring and getting worse.
Summary of Correspondence - 9 - March 31, 2003
There is still dumping, cutting down trees and planting tress across access
areas. Mr. and Mrs. Graham have been dealing with this situation for four
years now and continue to get threats and harassment for simply walking
on municipal property. Recently, Mrs. Graham was trying to enjoy a nice
walk with their two dogs and again she was verbally threatened by the
resident to "stay off" their property or else. This will continue as long as
there is nothing done about it.
(Motion to refer correspondence to the
Municipal Clerk)
D - 11 Darren Wong, writing to Council regarding his concerns pertaining to the
GO Transit Board of Directors move to significantly increase the student
fare and cap the age at which students will be eligible for a discount. The
proposed new youth pass and age limit of 22 or 25 years of age for
student discount eligibility amount to little more than a $1.3 million cash
grab at the expense of students. The resulting $500 fare increase for
students traveling in the Georgetown Corridor, for example, is equal to a
10% increase in tuition fees. This cash grab will not solve the problem of
systematic under - funding that plagues GO Transit. It will, however,
severely restrict access to post- secondary education. Mr. Wong is urging
Council to exercise their power and responsibility as an elected
representative to maintain the current GO Transit student discount.
(Motion for Direction)
D - 12 B. Taylor, City Clerk, City of Pickering, advising Council that the City of
Pickering on March 17, 2003, passed the following resolution:
"WHEREAS driving at excessive speeds on all roads in the City of
Pickering poses a threat to the safety of all persons in the
community; and
WHEREAS persons are at particular risk when vehicles are driven
at excessive speeds on City - controlled roads that serve the
residential areas and are heavily traveled by children going to
school or adults out for a recreational walk or bike ride; and
WHEREAS the Council of the City of Pickering recognized this
threat in 1996 when it passed Resolution #44/96 to request the
Minister of Transport to initiate an amendment to the Highway
Traffic Act to permit local municipalities to enforce those sections of
the Act dealing with the enforcement of speed limits within its
boundaries; and
WHEREAS by Resolution #43/97 passed on February 10, 1997,
Council authorized the retention of an additional Municipal Law
Enforcement Officer and the training of all Officers in anticipation of
the Province passing legislation that would allow municipalities to
enforce speed limits; and
Summary of Correspondence - 10 - March 31, 2003
WHEREAS by Resolution #204/97 passed on June 2, 1997,
Council authorized the purchase of two laser radar units to be used
by the Durham Regional Police Service to enhance the
enforcement of speed limits in the City of Pickering; and
WHEREAS the Durham Regional Police Serve does have a Traffic
Enforcement Branch that is required to enforce traffic issues
throughout the entire Regional Municipality of Durham and is not
able to undertake traffic enforcement problems on City -owned
streets on a regular basis; and
WHEREAS through the Traffic Management Study, residents
expressed frustration of lack of enforcement of excessive speeding
on residential streets; and
WHEREAS photo radar was introduced by the Province of Ontario
and used on major highways with great success in reducing
speeding and accidents and has since been discontinued; and
WHEREAS the technology is available for a non - police officer, such
as a Municipal Law Enforcement Officer, to man, monitor and
operate photo radar equipment without stopping the vehicle driver
on residential streets where speeding is causing safety concerns;
NOW THEREFORE the Council of the Corporation of the City of
Pickering hereby request the Minister of Transport to pass
legislation that will permit municipalities to enforce speeding on
roads within their jurisdiction through the use of photo radar; and
FURTHER THAT copies of this resolution be forwarded to the
Honourable Janet Ecker, MPP, Pickering -Ajax, Uxbridge, all
Durham municipalities and the Association of Municipalities of
Ontario."
(Motion for Direction)
D - 13 Jodi Chittick DeNoble, Acting Clerk, Town of Smith- Ennismore - Lakefield,
advising Council that the Town of Smith - Ennismore- Lakefield on
March 11, 2003, passed the following resolution:
"WHEREAS, the Province of Ontario adopted Bill 195, the Safe
Drinking Water Act, and Bill 175, the Sustainable Water and
Sewage System Act on December 13, 2002; and
WHEREAS, specific Regulations related to each of these Acts are
still forthcoming; and
Summary of Correspondence - 11 - March 31, 2003
WHEREAS Part 3, Section 19 "Standard of Care, Municipal
Drinking -Water System ", of the Safe Drinking Water Act, Bill 195,
outlines that owners, and every person who, on behalf of the
municipal drinking -water system, who oversees the accredited
operating authority of the system or exercises decision - making
authority of the system, are required to exercise a level of care,
diligence and skill that a reasonable prudent person would be
expected to exercise; and
WHEREAS, there are no specific Regulations to define the term
"reasonable prudent person "; and
WHEREAS, an individual's decision to run for a Municipal Council
position will be influenced by their concern regarding personal
exposure to liability claims and fines associated with violations of
the Safe Drinking Water Act and the Sustainable Water and
Sewage System Act as a result of the lack of a clear -cut definition
of a "reasonable prudent person" in relation to these Acts;
NOW THEREFORE, the Council of the Township of Smith -
Ennismore-Lakefield requests that the Ministry of the Environment
clarify the meaning of a "reasonably prudent person" detailing the
specific actions that a "reasonably prudent person" would be
expected to exercise in the course of their duties with respect to
each of these Acts; and
FURTHER, that this Resolution be circulated to the Premier of
Ontario, the Ministry of the Environment, the Ministry of Municipal
Affairs and Housing, the Honourable Gary Stewart, M.P.P., the
Honourable Chris Hodgson, M.P.P., the Association of
Municipalities of Ontario, and all municipalities in the Province of
Ontario."
(Motion for Direction)
D - 14 Kenneth McGill, President, Port Darlington Harbour Company, writing to
Council to again raise the issue of the cost of dredging Soper Creek. The
municipality continues to ignore the responsibility it shares with Bobby C's
and Wigger's Custom Yachts Ltd. for the dredging of Soper Creek. The
silting problem continues and in fact is worsening. As a user of the creek,
by way of the public boat launch the municipality operates, it is not only
equitable and appropriate that the municipality contribute to the cost of
dredging the creek, it may very soon be necessary.
(Motion for Direction)
Summary of Correspondence - 12 - March 31, 2003
D - 15 Terry James, Durham Senior Games Luncheon Co- ordinator, Durham
Ontario Senior Games, requesting Council's support of $200.00 for the
Durham Region Senior Games Awards Luncheon. Their committee
organizes and presents activities to 800 plus adults over the age of 55
years throughout the Durham Region. This year as in 2000 they would
like to present medals to all of the first, second and third place winners.
Events begin on April 25 and the last event is June 6, 2003. The luncheon
is scheduled for Friday, June 20'" at 12 noon at the South Pickering Senior
Centre.
(Motion for Direction)
SUMMARY OF BY -LAWS
MARCH 31, 2003
BY -LAWS
2003 -033 being a by -law to appoint a member to the Clarington Library Board
and to amend By -law 2001 -016 (approved by Council .on
March 17, 2003)
2003 -034 being a by -law to adopt Amendment No. 32 to the Clarington
Official Plan (Item #4 of Report #1) (767042 Ontario Limited)
2003 -035 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the former Town of Newcastle (Item #4 of Report #1)
(767042 Ontario Limited)
2003 -036 being a by -law to exempt a certain portion of Registered Plan 40M -2125
from Part Lot Control (Item #5 of Report #1) (The Kaitlin Group on behalf
of 1064055 Ontario Ltd.)
2003 -037 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and Oshawa Clarington Association
for Community Living, Oshawa, Ontario, to enter into an agreement
for the lease space at 132 Church Street, Bowmanville (Item #10 of
Report #1)
2003 -038 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and John Howard Society,
Bowmanville, Ontario, to enter into an agreement for the lease
space at 132 Church Street, Bowmanville (Item #10 of Report #1)
2003 -039 being a by -law to adopt Amendment No. 31 to the Clarington
Official Plan (Item #6 of Report #1) (Fredrick and Sandra Archibald)
2003 -040 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the former Town of Newcastle (Item #6 of Report #1)
(Fredrick and Sandra Archibald)
SUMMARY OF BY -LAWS
MARCH 31, 2003
BY -LAWS
2003 -033 being a by -law to appoint a member to the Clarington Library Board
and to amend By -law 2001 -016 (approved by Council on
March 17, 2003)
2003 -034 being a by -law to adopt Amendment No. 32 to the Clarington
Official Plan (Item #4 of Report #1) (767042 Ontario Limited)
2003 -035 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the former Town of Newcastle (Item #4 of Report #1)
(767042 Ontario Limited)
2003 -036 being a by-law to exempt.a certain portion of Registered Plan 40M -2125
from Part Lot Control (Item #5 of Report #1) (The Kaitlin Group on behalf
of 1064055 Ontario Ltd.)
2003 -037 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and Oshawa Clarington Association
for Community Living, Oshawa, Ontario, to enter into an agreement
for the lease space at 132 Church Street, Bowmanville (Item #10 of
Report #1)
2003 -038 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and John Howard Society,
Bowmanville, Ontario, to enter into an agreement for the lease
space at 132 Church Street, Bowmanville (Item #10 of Report #1)
2003 -039 being a by -law to adopt Amendment No. 31 to the Clarington
Official Plan (Unfinished Business) (Fredrick and Sandra Archibald)
2003 -040 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the former Town of Newcastle (Unfinished Business)
(Fredrick and Sandra Archibald)