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HomeMy WebLinkAbout04/28/2003i Leadin g he t M n Way DATE: MONDAY, APRIL 28, 2003 EX _ I" ' TA PLACE: COUNCIL CHAMBERS PRAYERS ROLL CALL DISCLOSURES OF PECUNIARY INTEREST MINUTES OF PREVIOUS MEETING Minutes of a meeting of Council held on April 14, 2003 PRESENTATION 1. 2002 Heritage Community Recognition Awards - Janie Dodds DELEGATIONS 1. Terry Gray, Clarington Community Living, 132 Church Street, Bowmanville, L1C 1T5 - Clarington Project 2. Shelley Anne Zegers, 3681 Concession Road 4, Orono, LOB 1 MO - Report CLD- 020 -03 3. Dez Farkas, P.O. Box 605, Orono, LOB 1 MO - Report CLD- 020 -03 4. Evylin Stroud, 89 Little Avenue, Bowmanville, L1 C 1 J9 - Report PSD- 038 -03 5. Richard Ward, 3709 Regional Road 9, Orono, LOB 1 MO - Confidential Legal Matter CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, ROWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - April 28, 2003 COMMUNICATIONS Receive for Information 1 - 1 Minutes of the GO Transit Meeting 1 - 2 Richard G. Stinson, Director of Legislative Services, the Corporation of the Town of Cobourg - Temporary Animal Shelter Services 1 - 3 Karen Campbell, President and CEO, Greater Toronto Marketing Alliance - 2002 Annual Report 1 - 4 John O'Toole, MPP, Durham - Courthouse Accommodation 1 - 5 Jim Schultz, President, Enbridge Gas Distribution Inc. - Natural Gas Buses 1 - 6 Minutes of the Central Lake Ontario Conservation Authority Meeting 1 - 7 Administrative Assistant, Directorate of Operational Strategies, Regulatory Standards and Research Division, Canadian Nuclear Safety Commission - Licensee Public Information Programs 1 - 8 Michael Stephenson, A/Regional Director, Civil Aviation, Ontario Region - Pickering Airport Site 1 - 9 P.M. Madill, Regional Clerk, Region of Durham - Traffic Control Signal 1 - 10 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation - Draft 2003 Budget - 11 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation - Great Lakes Wetlands Conservation Action Plan Receive for Direction D - 1 Steven Finlay, Executive Director, The Oshawa/Clarington Association for Community Living - Community Living Month D - 2 Wendy Szego, Employment Services Administrative Assistant, The Canadian Hearing Society - Hearing Awareness Month D - 3 Darlene Matthews, Activity Centre Facilitator, The Clarington Project - May is Community Living Month - Request to Fly Banner Council Agenda - 3 - April 28, 2003 D - 4 Anne Buston, Director, Public Relations, Canada Post - Canada Post Literacy Award D - 5 P.M. Madill, Regional Clerk, Region of Durham - Slow Moving Farm Vehicle Signs D - 6 Lori Armour, Corporate Special Event Coordinator, Heart and Stroke Foundation of Ontario - Big Bike for Stroke D - 7 Employees of Goodyear Bowmanville - Carbon Black D - 8 Stephen D'Agostino, Thomson, Rogers - Official Plan Amendment and Rezoning Applications, West Diamond Properties Inc. and Players Business Park Limited D - 9 Mark Holland, Regional Councillor, City of Pickering - Electoral Boundaries D - 10 Doug Cavanaugh, President, Durham Regional Police Association - World Police Fire Games MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of April 22, 2003 2. Report CLD- 020 -03 - Order to Restrain - Farkas 3. Confidential Verbal Reports from the Solicitor - Legal Matters UNFINISHED BUSINESS BY -LAWS OTHER BUSINESS a) Appointments to the Clarington Accessibility Advisory Committee b) Regional Update c) Boards and Committees Update Council Agenda - 4 - April 28, 2003 BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT SUMMARY OF CORRESPONDENCE APRIL 28, 2003 CORRESPONDENCE FOR INFORMATION 1 - 1 Minutes of the GO Transit meeting dated March 14, 2003. (Copy attached) (Receive for Information) 1 - 2 Richard G. Stinson, Director of Legislative Services, the Corporation of the Town of Cobourg, extending appreciation to the Municipality of Clarington for providing temporary animal shelter services during the period that the new Shelter of Hope was being constructed in the Township of Hamilton. (Receive for Information) 1 - 3 Karen Campbell, President and CEO, Greater Toronto Marketing Alliance, providing Council with the Greater Toronto Marketing Alliance's 2002 Annual Report. (Receive for Information) 1 - 4 John O'Toole, MPP, Durham, providing Council with a copy of a letter from the Honourable Robert Runciman, Minister of Public Safety and Security regarding Council's concerns over the need for courthouse accommodation. Minister Runciman has forwarded these concerns to the Honourable Norm Sterling, Attorney General for his consideration. (Receive for Information) 1 - 5 Jim Schultz, President, Enbridge Gas Distribution Inc., advising Council of a recent Provincial financial incentive that will make the cost of purchasing natural gas buses less expensive than diesel buses. The financial incentive combined with the many environmental benefits make natural gas buses an optimal choice. In comparison to diesel, natural gas buses emit 50% less nitrogen oxides, 90% less sulphur oxides and 97% less small particulate. (Receive for Information) 1 - 6 Minutes of the Central Lake Ontario Conservation Authority meeting dated March 18, 2003. (Copy attached) (Receive for Information) -7 Administrative Assistant, Directorate of Operational Strategies, Regulatory Standards and Research Division, Canadian Nuclear Safety Commission (CNSC), inviting Council to comment on draft Regulatory Guide C -217, Licensee Public Information Programs. The proposed document is intended to help CNSC licensees and licence applicants develop and implement a public information program where it is required by the applicable regulations of the CNSC. (Receive for Information) Summary of Correspondence - 2 - April 28, 2003 1 - 8 Michael Stephenson, A/Regional Director, Civil Aviation, Ontario Region, informing Council of the new developments and upcoming events concerning the Pickering Airport Site and the enactment of federal Airport Zoning Regulations (AZR). Mr. Stephenson is inviting Council to attend one of the Open Houses they are holding. (Receive for Information) 1 - 9 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham, on April 16, 2003, passed the following resolution: "a) THAT the design and installation of a traffic control signal on King Street (Regional Highway 2) at Centerfield Drive, in Courtice, at an estimated cost of $100,000 (including net GST) proceed as part of the 2003 Signal Installation Program to be operational by year end, subject to: Receiving a 25% funding contribution from Tim Hortons Restaurants in the amount of $25,000; and ii) That the Region's share of $75,000 be provided from the 2003 Capital Road Program Budget, Item No. 75 - Contingencies (Development Related) Residential Development Charges $40,978 Commercial Development Charges 7,400 General Levy 26,622 TOTAL FINANCING $75,000 b) THAT a copy of Report #2003 -W -49 of the Commissioner of Works be forwarded to the Municipality of Clarington." (Receive for Information) I - 10 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, advising Council that the Central Lake Ontario Conservation Authority Board of Directors on April 15, 2003, passed the following resolution: "THAT the Draft 2003 Budget Estimates totaling $3,536,100 be approved as presented; THAT the Region of Durham be requested to approve an operating levy of $1,568,000 and approve a regional capital levy in the amount of $468,000; THAT projects outlined in the Budget Report be adopted as projects of the Authority; and Summary of Correspondence - 3 - April 28, 2003 THAT copies of the 2003 Budget Report be distributed to the Region of Durham and member municipalities for their information on projects and programs of the Central Lake Ontario Conservation Authority." (Receive for Information) - 11 J.R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation, providing Council with copies of the Great Lakes Wetlands Conservation Action Plan Update and Highlights Report. (Receive for Information) CORRESPONDENCE FOR DIRECTION D - 1 Steven Finlay, Executive Director, The Oshawa/Clarington Association for Community Living, requesting Council to proclaim the month of May as "Community Living" month. Their mission statement articulates "a community where everyone belongs ". By approving this declaration, Council will be showing their commitment to individuals with a developmental disability and their families, that their community is supportive in their aspirations to live and work in Clarington. (Motion to Proclaim) D - 2 Wendy Szego, Employment Services Administrative Assistant, The Canadian Hearing Society, requesting Council to proclaim May as "Hearing Awareness Month ". This is an occasion to promote public awareness of the needs of deaf, deafened and hard of hearing Canadians, and to emphasize the importance of protecting our hearing. During Hearing Awareness Month, national, provincial and regional organizations will be working together to dispel the myths and stereotypes of individuals with hearing loss. Their goal is to increase awareness and to promote programs and services designed to ensure equal access for all deaf, deafened and hard of hearing Canadians. (Motion to Proclaim) D - 3 Darlene Matthews, Activity Centre Facilitator, The Clarington Project, requesting Council to hoist their banner across King Street at the west entrance into Bowmanville from May 1 - 31, 2003. This banner would state "May is Community Living Month ". The Clarington Project, a project of Community Living, Oshawa/Clarington is an activity centre that supports people with developmental disabilities. Their focus is to help people get directly involved in community activities and utilize the natural resources and connections in Clarington. (Motion to advise Veridian that Council has granted permission to The Clarington Project to install their banner across King Street at the west entrance into Bowmanville during Community Living Month) Summary of Correspondence - 4 - April 28, 2003 D - 4 Anne Buston, Director, Public Relations, Canada Post, requesting nominations to the Canada Post Literacy Award. In Canada, people are fortunate to possess many literacy champions. Among them are individuals who, despite great challenges, strive to improve their abilities and master new literacy skills. There are also the educators and literacy organizations dedicated to helping those eager to learn and finally, committed business leaders who support literacy programs in their workplace or community. Nominations are due May 30, 2003. (Motion to direct the Municipal Clerk to place a notice in the local newspaper) D - 5 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the Region of Durham on April 16, 2003, passed the following resolution: "a) THAT the Regional Works Department be directed to monitor activity on the Regional Roads related to farm vehicle and equipment movements over the next year to identify trends and issues; monitor the effectiveness of the Clarington initiative; advise and consult with the Durham Agricultural Advisory Committee; and report back in approximately 1 year; and b) THAT a copy of Commissioner's Report No. 2003 -P -40 be forwarded to the Municipality of Clarington and the Clarington Agricultural Advisory Committee for their information." (Motion to refer correspondence to the Director of Engineering) D - 6 Lori Armour, Corporate Special Event Coordinator, Heart and Stroke Foundation of Ontario, requesting Council's permission to hold the Big Bike For Stroke in Bowmanville on Sunday, May 25, 2003. The Big Bike is a 30- person bike that teams ride after raising pledges. Last year the Bowmanville Big Bike day raised over $11,000. They will only be using one lane of traffic off and on throughout the day and it is not a full lane closure but a slowing of traffic. There will also be a police escort for each of the rides. The times for the event this year will be approximately from 10:00 a.m. to 4:00 p.m. with the centralized location being Kelsey's. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Department) Summary of Correspondence - 5 - April 28, 2003 D - 7 Employees of Goodyear Bowmanville, providing Council with 81 signed letters expressing their displeasure at the unfair treatment aimed at Goodyear over the recent complaints about carbon black and the apparent lack of support from their elected officials. The Ministry of Environment needs to use a common sense approach that takes both sides of the situation into account. Many generations of Bowmanville people have worked at the Goodyear plant and Goodyear has contributed much to this community over the years. They do not want to lose their jobs because of a few dissenting neighbours who have unrealistic expectations and seem hell -bent to have the plant closed, and take away the livelihood of in excess of 1000 people (employees and dependants) in the community. (Motion to forward items of correspondence to the Ministry of the Environment) D - 8 Stephen D'Agostino, Thomson, Rogers, advising Council that they are the solicitors for the Bowmanville Mall and that their clients have objections to the proposed Official Plan Amendments and Zoning Amendments pertaining to West Diamond Properties Inc. and Players Business Park Limited, Report PSD- 040 -03. (Motion to refer correspondence to the Director of Planning Services) D - 9 Mark Holland, Regional Councillor, City of Pickering, advising Council that the City of Pickering on April 7, 2003, passed the following resolution: "WHEREAS the Municipality of the City of Pickering lies entirely within the Region of Durham; and WHEREAS municipal governance of Pickering is shared between the Corporation of the City of Pickering and the Corporation of the Region of Durham; and WHEREAS almost all volunteer, not- for - profit and other local organizations based in Pickering share resources within Durham, not Toronto; and WHEREAS the Federal Electoral Boundaries Commission for Ontario is charged with the responsibility of establishing new ridings on the basis of community of interest while maintaining a riding population that does not significantly deviate from the Provincial quotient as determined by the 2001 census; and WHEREAS the Region of Durham has 506,901 residents as of the 2001 Census and with a Provincial quotient of 107,642 means five ridings would generate a 5.8% deviation; and WHEREAS deviations of up to 8 -9% are not at all uncommon in urban Ontario ridings; and Summary of Correspondence - 6 - April 28, 2003 WHEREAS the Region of Durham is growing rapidly and will be significantly under - represented by 2014 when the next redistribution will occur if left with only four and one half ridings; and WHEREAS the Federal Electoral Boundaries Commission for Ontario held a public hearing at which various proposals were submitted that allowed for five ridings in Durham and stressed the community of interest that was shared across the Region; and WHEREAS at no time during the public hearings or through the course of any discussion did the concept of splitting Pickering with Toronto ever arise; and WHEREAS the Federal Electoral Boundaries Commission of Ontario, through the Chief Electoral Officer, transmitted to the Speaker of the House of Commons its Report which was tabled in the House of Commons on March 26, 2003, by the Speaker and referred to the Standing Committee on Procedure and House Affairs; and WHEREAS in its Report, the Boundaries Commission sent most of urban Pickering to Scarborough and the remainder of Pickering to Ajax; and WHEREAS the Corporation of the City of Pickering and its residents do not share a community of interest of any kind with the former City of Scarborough; and WHEREAS Federal and Provincial representation for Pickering will be vastly diminished by having huge constituencies that lie outside of Pickering; and WHEREAS public hearings are concluded and the only method of achieving change is provided for in Section 22 of the Electoral Boundaries Readjustment Act which allows the filing of objections to the Report with the Clerk of the Committee within 30 days of the Commission's Report being referred to the Standing Committee; and WHEREAS the filing of such objections can only be in the form of a motion signed by not less than 10 members of the House of Commons; NOW THEREFORE the Council of the Corporation of the City of Pickering hereby expresses its absolute objection to the recommendation to divide Pickering as proposed in the Report tabled with the Speaker of the House of Commons; and Summary of Correspondence - 7 - April 28, 2003 THAT the Clerk of the Corporation of the City of Pickering write the Clerk of the Standing Committee on Procedure and House Affairs advising of the City of Pickering's objections to the Report and that a letter also be sent to all Ontario M.P.'s advising them of Pickering's concerns and requesting that they support a motion to object to the changes; and THAT the proposal offered by the vast majority of Durham M.P.'s, M.P.P.'s, Mayors and Councillors be considered as an alternative with the inclusion of the Township of Brock and any minor revisions necessary to mitigate a major deviation from the electoral quotient; and THAT the Township of Brock be requested to write to the Clerk for the Standing Committee and the Federal Electoral Boundaries Commission for Ontario by April 21, 2003 with a full retraction of its Council's earlier comments that it does not share a community of interest with Durham Regions; and THAT the Council of the Township of Brock be further requested to send an endorsement of its inclusion within the Region of Durham for the purposes of establishing electoral boundaries to the same parties outlined in the prior operative clause; and THAT the Council of the Township of Brock be further requested to advise the Corporations of the City of Pickering and the Region of Durham, should it decide to maintain its position, that it does not share a community of interest with Durham Region; and THAT this motion be circulated to the Region of Durham for its endorsement at its meeting of April 16, 2003; and THAT this motion be further circulated to: All area Mayors, M.P.'s and M.P.P.'s." (Motion for Direction) D - 10 Doug Cavanaugh, President, Durham Regional Police Association, requesting financial support to help send 24 members to the World Police Fire Games. Members of the global Police and Fire Services meet together as athletes in the spirit of competition and camaraderie at the World Police Fire Games. This July, the 10th anniversary of these games will take place in Barcelona, Spain. Participation will be in a variety of sports including karate, triathlon, wrestling, volleyball and basketball. (Motion for Direction) SUMMARY OF BY -LAWS APRIL 28, 2003 BY -LAWS 2003 -049 being a by -law to exempt a certain portion of Registered Plan 40M -2066 from Part Lot Control (Orchard Park Estates (Bowmanville) Inc., Baywood Homes) (Item #6 of Report #1) 2003 -050 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (G. Genge of D.G. Biddle and Associates Ltd. for P. Litowitz of 1319164 Ontario Ltd.) (Item #7 of Report #1) 2003 -051 being a by -law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item #8 of Report #1) 2003 -052 being a by -law to assume a certain street within the Municipality of Clarington as public highway in the Municipality of Clarington (Item #9 of Report #1) 2003 -053 being a by -law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item #9 of Report #1) 2003 -054 being a by -law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington (Item #9 of Report #1) 2003 -055 being a by -law to amend By -law 2004 -44, being a by -law to establish the Transitional Board of Management to operate Museums on its behalf - Clarington Museum Transitional Board (Item #10 of Report #1) 2003 -056 being a by -law to amend By -law 2002 -045, being a by -law to establish the Board of management to operate Museums on its behalf - Clarington Museum Board (Item #10 of Report #1) 2003 -057 being a by -law to repeal By -law No. 97 -124, a by -law to amend By -law No. 89 -184, as amended, a by -law to prohibit noises likely to disturb the inhabitants of the Municipality of Clarington (Item #12 of Report #1) Summary of By -Laws April 28, 2003 2003 -058 being a by -law to repeal By -law No. 97 -125, a by -law to amend By -law No. 78 -50, as amended, respecting the holding of certain public entertainment, festivals and parades within the Municipality of Clarington (Item #12 of Report #1) 2003 -059 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Urban Strategies Inc., Toronto, Ontario, to enter into an agreement for the Bowmanville King Street East Corridor Study (Item #13 of Report #1) 2003 -060 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Pannell Kerr Forester Consulting, Toronto, Ontario, to enter into an agreement for the Hotel Accommodation Study (Item #14 of Report #1) 2003 -061 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the former Town of Newcastle (approved by Council on June 3, 2002)