HomeMy WebLinkAbout04/28/2003i
Leadin g he t M
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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)