HomeMy WebLinkAbout09/29/2003I
Leading the Way . M.
DATE: MONDAY, SEPTEMBER 29, 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 September 15, 2003
EDUCATION DEVELOPMENT CHARGE HEARING
Martin Gerkes, 4726 Rundle Road, Hampton, LOB 1 JO
Representative of the Kawartha Pine Ridge District School Board, 1994 Fisher
Drive, Peterborough, L9J 6Z6
Representative of the Peterborough Victoria Northumberland and Clarington
Catholic District School Board, 1355 Lansdowne Street West, Peterborough,
K9J 7M3
PRESENTATION
David Kelly, Chair, Accessibility Advisory Committee - Accessibility Advisory
Committee Plan
DELEGATIONS
a) Evylin Stroud, 89 Little Avenue, Bowmanville, L1 C 1 J9 - Report
PSD- 115 -03
b) Bob Turner - Report PSD- 103 -03
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - September 29, 2003
c) Mark Pengelly - Report PSD- 103 -03
d) Rob Andrew - Report PSD- 103 -03
e) Nancy Armstrong - Report PSD- 103 -03
f) Phil Carlton, 77 Ontario Street, Bowmanville, L1 C 2S6 - Report
CLD- 037 -03
g) Lance Thornton, 54 Parkway Crescent, Bowmanville, L1 C 1 C1 - Report
CLD- 037 -03
h) Henrikus Vink, 20 Liberty Street South, Bowmanville, L1 C 2N2 -
Confidential Report CLD- 033 -03
i) Richard Hajjar, 127 Simpson Avenue, Bowmanville, L1 C 2H9 -
Confidential Report CLD- 038 -03
COMMUNICATIONS
Receive for Information
- 1 Mark Holland, Regional and City Councillor, Ward 2, City of Pickering -
Fernie House
1 - 2 Minutes of the Local Architectural Conservation Advisory Committee
Meeting
1 - 3 Minutes of the GO Transit Meeting
1 - 4 David Johnson, Chair, Ontario Municipal Board - Code of Conduct for
Ontario Municipal Board Mediators
1 - 5 Ken Boshcoff, President, Association of Municipalities of Ontario - 2003
AMO Conference
1 - 6 Federation of Canadian Municipalities - Antenna Towers
1 - 7 Minutes of Clarington Accessibility Advisory Committee Meeting
1 - 8 Minutes of Clarington Accessibility Advisory Committee Meeting
1 - 9 J.R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation - 2003 Central Lake Ontario Conservation Watershed Award
Council Agenda - 3 - September 29, 2003
1 - 10 Minutes of the St. Marys Cement Community Relations Committee
Meeting
1- 11 Ron Hooper, Chairperson, BIA - Thank You Letter
1 - 12 P.M. Madill, Regional Clerk, Region of Durham - Homelessness
1 - 13 Regional Municipality of Durham - Temporary Signs and Banners on
Regional Roads
1 - 14 Association of Municipalities of Ontario - 2003 Provincial Election: Policy
Priorities for Ontario's Municipalities
1 - 15 Minutes of the Port Granby Project Community Advisory Committee
Meeting
1 - 16 Minutes of the Port Granby Project Community Advisory Committee
Meeting
1 - 17 Minutes of the Port Granby Project Community Advisory Committee
Meeting
1 - 18 Minutes of the Port Granby Project Community Advisory Committee
Meeting
Receive for Direction
D - 1 Louise Button, Clarington /Newcastle Block Parent Inc. - Block Parent
Week
D - 2 Paul Gill, National Project Coordinator, Waste Reduction Week in
Canada - Waste Reduction Week
D - 3 Tricia Dallaway, Durham Region Health Department, Injury Prevention
Program - Drug Awareness Week
D - 4 Dr. Harold Anfossi of behalf of the Port Darlington Marina Condominium
Owners - Train Whistle Noise
D - 5 Betty Irving and Valerie McCormick, Co- Chairpersons, Bowmanville Santa
Claus Parade - 42nd Annual Community of Bowmanville Santa Claus
Parade
D - 6 Sally Barrie, Administrator, Durham Region Community Care - Community
Support Month
Council Agenda - 4 - September 29, 2003
D - 7 The Spiritual Assembly of the BahA'is of Clarington - Unity in Diversity
Week
D - 8 Larry Finlayson - Noise Barrier Fence
D - 9 Carolyn Sproatt - Downtown Core
D - 10 Residents of Lakeshore Road, Concession, Plan Development of
e Road
Lot 11, Broken Front Conce ,
D - 11 Richard Walker and Pamela Kempthorne - Proposed Development of Part
Lot 11, Broken Front Concession, Plan 10R -3108, 4381 Lakeshore Road
D - 12 P.M. Madill, Regional Clerk, Region of Durham - First Meetings
D - 13 Bruce Taylor, City Clerk, City of Pickering - Inspection Services Division
D - 14 Sandra Kranc, City Clerk, City of Oshawa - Emergency Medical Tiered
MOTION
NOTICE OF MOTION
Moved by Councillor Rowe, seconded by Councillor Schell
WHEREAS there are fears and concerns for public health and the safety of
drinking water especially with the wells of Oshawa
and Gun Club berms and the area g ton were paper
"SoundSorb" has been dumped or stored;
AND WHEREAS the public has the right to timely testing and reports from the
Ministry of the Environment when drinking water safety is at risk;
THEREFORE BE IT RESOLVED THAT "Nutt sorb'ailn the Durham moratorium
on the dumping of paper sludge, S oundsorb
Region; and
BE IT RESOLVED THAT g� demands strongest
Public Inquiry into the York/Du am Ministry of Environment offices and their lack
of response to this longstanding water safety issue; and
THAT this resolution be circulated to the Premier of Ontario, the Minister of the
Environment, Durham Region's MPP's, Region of Durham and all municipalities
within the Region of Durham.
Council Agenda - 5 - September 29, 2003
REPORTS
1. General Purpose and Administration Committee Report of
September 22, 2003
2. Special General Purpose and Administration Committee Report of
September 22, 2003
3. Report CLD- 037 -03 - Order to Restrain - Carlton
4. Report COD - 041 -03 - Co- operative Tender D2003 -14 Hot Mix Paving
5. Confidential Report CLD- 033 -03 - Personnel Matter
6. Confidential Report CLD- 038 -03 - Personnel Matter
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
SEPTEMBER 29, 2003
CORRESPONDENCE FOR INFORMATION
1 - 1 Mark Holland, Regional and City Councillor, Ward 2, City of Pickering,
advising Council that fully supports Fernie House in planning to establish a
rural location for youths in Clarington. Fernie House operates a group
home for youth in his ward, it has turned out to be a tremendous success.
The organization is run well, well controlled and provides a powerful
benefit to the community.
(Receive for Information)
1 - 2 Minutes of the Local Architectural Conservation Advisory Committee
meeting dated June 17, 2003. (Copy attached)
(Receive for Information)
1 - 3 Minutes of the GO Transit meeting dated August 8, 2003. (Copy attached)
(Receive for Information)
1 - 4 David Johnson, Chair, Ontario Municipal Board, providing Council with a
copy of a "Code of Conduct for Ontario Municipal Board Mediators." This
Code has been adopted by the Board and clarifies the process of
mediation at the Board and the role of Members as mediators.
(Receive for Information)
1 - 5 Ken Boshcoff, President, Association of Municipalities of Ontario, advising
Council that they have the majority of the presentation material of the over
40 speakers who participated in the 2003 AMO Conference loaded on
their website at www.municom.com.
(Receive for Information)
1 - 6 Federation of Canadian Municipalities, urging Council to participate
directly in an online dialogue about Industry Canada's antenna towers
approval policy. Municipal leaders, individuals, community groups and
other stakeholders are invited to participate on an "e -Town Hall Website"
to be launched on Wednesday, September 3, 2003.
(Receive for Information)
1 - 7 Minutes of Clarington Accessibility Advisory Committee meeting dated
June 24, 2003. (Copy attached)
(Receive for Information)
1 - 8 Minutes of Clarington Accessibility Advisory Committee meeting dated
August 7, 2003. (Copy attached)
(Receive for Information)
Summary of Correspondence - 2 -
September 29, 2003
1 - 9 J.R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation, advising Council that nominations for the 2003 Central Lake
Ontario Conservation Watershed Award are due by Friday, October 10,
2003, at 4:30 p.m. The Watershed Awards were developed by the
Conservation Authority to give recognition and show their appreciation for
environmental contributions made by the community towards the
stewardship and enhancement of the watershed within their jurisdiction.
(Receive for Information)
I - 10 Minutes of the St. Marys Cement Community Relations Committee
meeting dated June 17, 2003. (Copy attached)
(Receive for Information)
I - 11 Ron Hooper, Chairperson, BIA, providing Council with a copy of a letter
from Mr. and Mrs. Down, thanking the BIA for arranging entertainment for
Thursday nights all summer so that they can sit under the stars and enjoy.
Mr. Hooper added a thank you to the municipality, Fred Horvath and staff
for their constant care and monitoring of the grounds.
(Receive for Information)
1- 12 P.M. Madill, Regional Clerk, Region of Durham, writing to The Honourable
Claudette Bradshaw advising Council that the Health and Social Services
Committee of the Region of Durham on September 10, 2003, passed the
following resolution:
"THAT the Federal Ministry of Labour and Coordinator on
Homelessness, Minister of Human Resources Development and
local MP's be advised of the Region of Durham's concern that the
funding allocation for Durham Region under the federal
government's Supporting Community Partnerships Initiative is
based solely on the population, vacancy and poverty rates of the
Oshawa Census Metropolitan area and therefore excludes Ajax,
Pickering, Uxbridge, Brock and Scugog."
(Receive for Information)
1 - 13 Regional Municipality of Durham, providing Council with a public notice
entitled Temporary Signs and Banners on Regional Roads to be in
Compliance with the Region's Sign By -law. The Region is requesting
Council's help with the correct placement of election signs to help ensure
that safe sight lines are maintained for pedestrians and the motoring
public. Signs in contravention of the by -law may be removed without
notice and the owner will be responsible for all expenses incurred in the
removal (minimum of $50.00). Signs not redeemed within 15 days of
removal may be destroyed. All signs are to be removed within 48 hours
after the election.
(Receive for Information)
Summary of Correspondence - 3 - September 29, 2003
1- 14 Association of Municipalities of Ontario (AMO), writing to Council
regarding the 2003 Provincial Election: Policy Priorities for Ontario's
Municipalities. The following are matters that AMO and its membership
see as priorities for the provincial government:
1. Ontario must ensure municipalities have adequate revenue;
2. measure the current viability of Ontario's municipalities;
3. property taxes;
4. cutting property taxes;
5. gasoline taxes;
6. investing in Ontario's infrastructure;
7. managing the costs of maintaining roads and bridges;
8. hotel taxes;
9. municipal planning;
10. environmental protection; and
11. social services and housing costs.
(Receive for Information)
1 - 15 Minutes of the Port Granby Project Community Advisory Committee
meeting dated June 26, 2003. (Copy attached)
(Receive for Information)
1 - 16 Minutes of the Port Granby Project Community Advisory Committee
meeting dated July 3, 2003. (Copy attached)
(Receive for Information)
1 - 17 Minutes of the Port Granby Project Community Advisory Committee
meeting dated August 5, 2003. (Copy attached)
(Receive for Information)
1 - 18 Minutes of the Port Granby Project Community Advisory Committee
meeting dated September 4, 2003. (Copy attached)
(Receive for Information)
CORRESPONDENCE FOR DIRECTION
D - 1 Louise Button, Clarington /Newcastle Block Parent Inc., requesting Council
to proclaim the week of October 19 - 25, 2003, as Block Parent Week. In
recognition of this week they are also requesting that the Block Parent flag
fly at the municipal office on Temperance Street and that Community
Services advertise Block Parent Week on the two service boards at the
Garnet Rickard Complex and near the Bank of Montreal.
(Motion to Proclaim and to approve
request to fly the Block Parent Week
flag at the Municipal Administrative
Centre along with advertising on the two
service boards)
Summary of Correspondence - 4 - September 29, 2003
D - 2 Paul Gill, National Project Coordinator, Waste Reduction Week in Canada,
requesting Council to proclaim October 20 - 26, 2003, as Waste Reduction
Week in Canada.
(Motion to Proclaim)
D - 3 Tricia Dallaway, Durham Region Health Department, Injury Prevention
Program, requesting Council to proclaim the week of November 16 - 22,
2003, as Drug Awareness Week.
(Motion to Proclaim)
D - 4 Dr. Harold Anfossi of behalf of the Port Darlington Marina Condominium
owners, advising Council that they are concerned with the frequent, loud
and repeated train whistle noise at the level crossing on Port Darlington
Road. Many other cities and towns ie. Oshawa, Cobourg and Belleville
have train whistle restrictions and they are requesting Council to seek the
same status for Bowmanville.
(Motion to advise Dr. Anfossi of
Council's decision of June 18, 2001 and
to forward him a copy of Report
WD-33-01)
D - 5 Betty Irving and Valerie McCormick, Co- Chairpersons, Bowmanville Santa
Claus Parade, requesting permission to hold the 42nd Annual Community
of Bowmanville Santa Claus Parade on Saturday, November 15, 2003,
beginning at 10:30 a.m. The parade route will start on Church Street by
the Old Fire Hall and end at Memorial Park on Liberty Street.
(Motion to approve provided the
organizers apply for and obtain a road
occupancy permit)
D - 6 Sally Barrie, Administrator, Durham Region Community Care, requesting
Council to proclaim the month of October as Community Support Month.
Throughout the month they will celebrate Meals on Wheels, Community
Care worker and Adult Day Program weeks.
(Motion to Proclaim)
D - 7 The Spiritual Assembly of the Baha'is of Clarington, requesting Council to
proclaim the week of November 6 - 13, 2003 as Unity in Diversity Week.
They are also requesting the hanging of the Unity in Diversity Week
banner.
(Motion to Proclaim and approve the
hanging of the Unity in Diversity Banner)
D - 8 Larry Finlayson, providing Council with a petition containing 17 names of
residents on Rosalynne Avenue, concerning a noise barrier fence on
Highway 57. There should be a noise barrier fence erected on Regional
Road 57 to help alleviate the ever increasing traffic.
(Motion to refer correspondence to the
Regional Municipality of Durham)
Summary of Correspondence - 5 -
September 29, 2003
D - 9 Carolyn Sproatt, advising Council that new brick work will not attract
people to the downtown core. She suggests planting more trees on the
main roads especially where old ones have been cut down and non -
deciduous where possible. The successful small towns anywhere have a
particular attraction in the retail area that brings visitors, not bricks.
(Motion to refer correspondence to the
Director of Planning Services)
D - 10 Residents of Lakeshore Road, Newcastle, advising Council of their
concerns regarding the proposed development of Part Lot 11, Broken
Front Concession, Plan 10R -3108, 4381 Lakeshore Road. The concerns
are as follows:
1. the temporary structure, being the portable school classroom that
has been moved on to the subject property;
2. the proposed location on the part of the owners of a permanent
residence;
3. the proposed use on the part of the owners of the residence and
their surrounding property.
(Motion to refer correspondence to the
Director of Planning Services)
D - 11 Richard Walker and Pamela Kempthorne, providing Council with a
response to the concerns raised by the residents of Lakeshore Road,
Newcastle regarding the proposed development of Part Lot 11, Broken
Front Concession, Plan 10R -3108, 4381 Lakeshore Road.
(Motion to refer correspondence to the
Director of Planning Services)
D - 12 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on September 10, 2003, passed the following
resolution:
"a) THAT the Council of the area municipalities be requested to
hold their First Meetings following the municipal elections in
November on or before December 2, 2003;
b) THAT, subject to the area municipalities agreeing to hold
their First Meeting on or before December 2, 2003, the
Regional Solicitor be directed to prepare a by -law to provide
for the First Meeting of Regional Council to be held on
Wednesday, December 3, 2003, at 10:00 a.m. in the Council
Chambers, Regional Headquarters Building, Whitby;
Summary of Correspondence - 6 - September 29, 2003
c) THAT the newly elected Standing Committee meet on
December 9, 10 and 11, 2003, and that a Regional Council
meeting be held on Wednesday, December 17, 2003, as
outlined on the schedule attached to Report #2003 -A -45 of
the Regional Clerk;
d) THAT the meeting schedule, as attached to Report #2003 -A-
45 of the Regional Clerk, for the next three year term of
Regional Council be received; and
e) THAT a copy of Report #2003 -A -45 of the Regional Clerk be
forwarded to the area municipalities."
(Motion to approve holding Clarington's
first Meeting of Council on
December 1, 2003)
D - 13 Bruce Taylor, City Clerk, City of Pickering, writing to The Right Honourable
Ernie Eves, Premier of Ontario, advising that the City of Pickering on
September 15, 2003, passed the following resolution:
"WHEREAS on September 4, 2003, Ontario Power Generation
entered into an agreement to sell its Inspection Services Division to
a consortium led by Babcock and Wilcox Canada; and
WHEREAS this agreement will lead to the inspection of
maintenance services at the Pickering Nuclear Generating Station,
as well as other OPG generating facilities, being carried out by a
private company; and
WHEREAS Babcock and Wilcox Canada is also a supplier of steam
generators to OPG thus creating a conflict of interest; and
WHEREAS in the Report of the President's Commission on the
Accident at Three Mile Island its was noted that inadequate training
provided by Babcock Wilcox contributed to the Three Mile Island
nuclear disaster in 1979; and
WHEREAS the said agreement is scheduled to close before the
end of 2003 after the Provincial election; and
WHEREAS the contracting out of testing and inspection services
led to the Walkerton tainted water tragedy; and
WHEREAS the residents of the City of Pickering and the residents
of other municipalities that have nuclear generating stations located
in or near their municipality need every assurance that the stations
are being operated and maintained safely;
Summary of Correspondence - 7 -
September 29, 2003
NOW THEREFORE the Council of the Corporation of the City of
Pickering hereby requests the Province of Ontario and Ontario
Power Generation to rescind their agreement with Babcock Wilcox
Canada to carry out inspection services at nuclear generating
stations in Ontario; and
FURTHER THAT this motion be further circulated to:
Ernie Eves, Premier of Ontario
John Baird, Minister of Energy
Janet Ecker, M.P., Pickering- Ajax- Uxbridge
Ron Osborne, President and CEO, Ontario Power Generation
Linda Keen, President and Chief Executive Officer, Canadian
Nuclear Safety Commission
Larry Kraemer, Chair, Canadian Association of Nuclear Host
Communities
Town of Ajax
Town of Whitby
City of Oshawa
Municipality of Clarington
City of Toronto
Municipality of Kincardine."
(Motion for Direction)
D - 14 Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of
Oshawa on September 8, 2003, passed the following resolution:
"1. THAT the City of Oshawa outline the city's concerns
regarding the present emergency medical tiered response
system to the Minister of Health, Area MPP's, leaders of the
opposition parties and candidates of record in Oshawa;
2. THAT the City of Oshawa forward Report OS -03 -297 to
other Durham Region municipalities and request their
support by also outlining their own concerns with the present
emergency medical tiered response system to the Ministry of
Health and Area MPP's;
3. THAT the City of Oshawa request the support of other
Durham Region municipalities to have Durham Region in its
development plans for new emergency medical service
facilities ensure comprehensive location analyses are
completed which include local fire station locations as
possible locations for ambulance facilities;
Summary of Correspondence - 8 -
September 29, 2003
4. THAT the City of Oshawa request the support of other
Durham Region municipalities including Durham Region and
Durham Region Police Service to establish a local
emergency stakeholder committee with a mandate to review
the present local tiered response system and implement
improvements wherever possible and make
recommendations to local Council's when necessary;
5. THAT the City of Oshawa, given the support of other
Durham Region municipalities, establish a local emergency
stakeholders committee and request through the Minister of
Health that a provincial representative participate in
discussions to improve the tiered response system
throughout Durham Region; and
6. THAT the City of Oshawa request the support of other
Durham Region municipalities in a resolution to the
Association of Municipalities of Ontario (AMO) requesting
AMO complete a comprehensive province -wide analysis of
emergency medical response systems and that AMO
complete a policy position supporting a more efficient and
effective system for presentation to the Minister of Health."
(Motion for Direction)
SUMMARY OF BY -LAWS
SEPTEMBER 29, 2003
BY -LAWS
2003 -141 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle (The Kaitlin
Group Limited) (Item # 7 of Report #1)
2003 -142 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle (1529593
Ontario Limited) (Item #8 of Report #1)
2003 -143 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle (Claret
Investments Limited & 1351730 Ontario Ltd.) (Item #10 of Report #1)
2003 -144 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle
(Prestonvale Heights Limited) (Item #12 of Report #1)
2003 -145 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle
(Prestonvale Heights Limited) (Item #12 of Report #1)
2003 -146 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle (James and
Maria Berard) (Item #13 of Report #1)
2003 -147 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle (Paul
Kernohan on behalf of Vermont Village Homes /Baywood Homes) (Item
#14 of Report #1)
2003 -148 being a by -law to authorize a contract between the Corporation of the
Municipality of Clarington and St. Marys Cement Company, Ontario, to
enter into agreement for the monitoring of blasting (Item #22 of
Report #1)
2003 -149 being a by -law to authorize a contract between the Corporation of the
Municipality of Clarington and Kendal Community Association, to enter
into agreement for the use of space in the Kendal Community Centre
(Item #20 of Report #1)
Summary of By -laws - 2 - September 29, 2003
2003 -150 being a by -law respecting the appointment of a Chief Building Official,
Building Inspectors, Plumbing Inspectors and Fire Safety Inspectors
(Item #16 of Report #1)