HomeMy WebLinkAbout06/14/2004Leading the Way
DATE: MONDAY, JUNE 14, 2004
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 May 31, 2004
COMMUNICATIONS
Receive for Information
1- 1 John O'Toole, MPP, Durham - Municipalities Receiving Funds Through a
Share of the Revenues from Toll Highways
1 - 2 Willis & Marilyn Barraball— Elected Position of the Regional Chair
1 - 3 Minutes of the Clarington Public Library
1 - 4 Minutes of the Clarington Hwy. 407 Community Advisory Committee
1 - 5 Minutes of the Central Lake Ontario Conservation Authority
1 - 6 Sandra Kranc, City Clerk, City of Oshawa — Staff Appointments
1 - 7 P.M. Madill, Regional Clerk, Regional Municipality of Durham - Allocation
of 2004 Local Transit Initiative Funding to the Area Municipalities
1 - 8 The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing - Community Improvement Provisions in the Planning Act and
related Provisions in the Municipal Act
1 - 9 The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing - Sustain Planned Growth and Strong Communities
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - June 14, 2004
I - 10 The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing - Ontario Municipal Board and the Land -Use Planning System
- 11 Ron Albright, P. Eng., Totten Sims Hubicki - Delegation of Mr. Chris
Fredericks Regarding Report PSD- 058 -04 - Heritage Designation
I - 12 John O'Toole, MPP, Durham - Better Control of Vicious Dogs
I - 13 Association of Municipalities of Ontario - Fixed Dates for Provincial
Elections
I - 14 Jim Schell, Chair, Central Lake Ontario Conservation — New Brand
Identity
I - 15 J.R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation - 2004 Budget
I - 16 Kim Mandzy, Project Scientist, Sierra Legal Defence Fund - Moratorium
on the use of Sound -Sorb
1- 17 William Humber, Chair, Old Bowmanville Neighbourhood Association -
Fifth Annual Meeting of the Old Bowmanville Neighbourhood Association
1 -18 Catherine Brown, Acting Assistant Deputy Minister, Integrated
Environmental Planning Division, Ministry of Environment - Environmental
Bill of Rights Registry to amend the Drinking Water Systems Regulation
(O. Reg. 170/03)
1- 19 James G. Young, M.D., Commissioner of Emergency Management -
Nuclear Emergency Information Brochures
1-20 Marilyn Cole, Campaign Officer, Friends of Second Marsh inviting Council
to their fundraising Bike Rally to be held on August 22, 2004 at 8:30 a.m.
The route will begin at the General Motors headquarters parking lot in
Oshawa, to Darlington Provincial Park and then to OPG Darlington Green
Corridor and end at the General Motors parking lot for entertainment, food
and prizes.
I - 21 Bruce F. Smith, Executive Director, Lakeridge Health Whitby Foundation -
Strategic Plan 2004 — 2005.
I - 22 The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing - Information Package of Ontario's Land -use Planning System
1-23 Minutes of the Clarington Traffic Management Advisory Committee
Council Agenda - 3 - June 14, 2004
1-24 Mayor Sutton, Chair CANHC, Municipality of Kincardine -Canadian
Association of Nuclear Host Communities Peer Review Funding for
NWMO Documents and Process
Receive for Direction
D - 1 Ontario Road Builders' Association, Ontario Sewer & Watermain
Construction Association, Toronto and Area Road Builders' Association,
Heavy Construction Association of Toronto, Ontario Association of
Foundation Specialists, and Ontario General Contractors' Association —
Price Indexing for Steel Products
D - 2 Bert Johnston, George Webster Cliff Trewin, residents of Concession
Street, East, Bowmanville — Traffic on Concession Street
D - 3 Richard and Mary -Lou Brydson — Purchase of Unused Road
D - 4 Sandy White and Carol Reilly, Public Health Nurses, Injury Prevention
Program, Falls Prevention, Regional Municipality of Durham - Falls
Prevention Week
D - 5 Derryn V. Gill, Chair, Board of Directors, Spina Bifida and Hydrocephalus
Association of Ontario - Spina Bifida and Hydrocephalus Awareness
Month
D - 6 District Lodge - Orange Week
D - 7 Rohini Patel — Light Pollution
D - 8 Alicia VanderSanden and Tanya Cumming — Light Pollution
D - 9 Krista Raps — Light Pollution
D - 10 Nicole Urbanowicz and Tracey Jingco — Light Pollution
D - 11 Anthony Estrela and Brandon Dragota — Light Pollution
D - 12 Kristen Merrett — After School Activities
D - 13 Katherine Michelle MacGirr — Public Use of Chemicals on Lawns
D - 14 Doug DeBoo — Use of Road Sand
D - 15 C. Mahur — Helicopter and Construction Concerns
Council Agenda - 4 - June 14, 2004
D - 16 Phil Bird - Regional Smoking By -law
D - 17 Jean Quilter — Housing Development on Hunt Street
D - 18 Flora and Clifford Curtis — Fireworks Permit
D - 19 Gary Clad, Manager of Council /Community Services and Deputy Clerk,
City of Windsor - Municipal Property Assessment Corporation
D - 20 Dawn Halcrow, CAO /Clerk, Municipality of Hastings Highlands — Ontario
Regulation 170/03
D - 21 Ronn Hovianseian, Chair, Planet Earth Eco Youth Board — Official Youth -
Based Environment Committee
D - 22 John Williamson, Federal Director, Canadian Taxpayers Federation —
Petition Calling for Return of Federal Fuel Tax Revenues
D - 23 The Honourable John Gerresten, Minister Responsible. for Seniors —
Senior of the Year Awards
D - 24 Scott Wilson, Secretary- Treasurer, and Kathy Zammit, Chief Returning
Officer, Association of Municipalities of Ontario - Nominations for the
2004 -2005 AMO Board of Directors
D - 25 Jack Colville - Concerns Regarding Vanstone Bridge
D - 26 Peter Fallis, Fallis Fallis & McMillian - MPAC Assessment of RV Units
• 19 • 01
NOTICE OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of June 7, 2004
2. Confidential Report PSD- 069 -04 — Property Matter (Distributed Under
Separate Cover)
UNFINISHED BUSINESS
Council Agenda - 5 - June 14, 2004
BY -LAWS
OTHER BUSINESS
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
Leading the Way
REPORT #1
REPORT TO COUNCIL MEETING OF JUNE 14, 2004
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, JUNE 7, 2004
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) Report ESD- 009 -04 — Monthly Report — April, 2004
(b) Report FND- 012 -04 — Annual Statement for the Development Charges
Reserve Funds for the year ended December 31,
2003
(c) Report ADM -07 -04 — GTA -Clean Air Council, 2004 Smog Summit
2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION
(a) Report COD - 029 -04 — CL2004 -22, Surface Treatment and Asphalt and
Surface Treatment Pulverizing
3. REZONING APPLICATIONS TO PERMIT A CONVENIENCE STORE, CAR
WASH, AND RESTAURANT WITH DRIVE - THOURGH FACILITY
APPLICANT: IMPERIAL OIL LIMITED
THAT Report PSD- 059 -04 be received;
THAT the application submitted by Evans Planning on behalf of Imperial Oil
Limited be referred back to Staff for further processing and the preparation of a
further report following the receipt of all outstanding agency comments; and
THAT all interested parties listed in Report PSD- 059 -04 and any delegations
be advised of Council's decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Report #1 - 2 - June 14, 2004
4. PROPOSED ZONING BY -LAW AMENDMENT TO PERMIT A TRIPLEX
APPLICANT: Karam D. Singh
THAT Report PSD- 060 -04 be received;
THAT provided that there are no significant issues raised at the public
meeting, the application submitted by Karam D. Singh be approved and the
by -law be passed as contained in Attachment 2 to Report PSD- 060 -04;
THAT a by -law amendment to remove the Holding (H) symbol be forwarded to
Council at such time as the Owner has entered into a site plan agreement with
the Municipality; and
THAT all interested parties listed in Report PSD- 060 -04 and any delegations
be advised of Council's decision.
5. PROHIBITION OF DRIVE - THROUGH FACILITIES IN THE DOWNTOWN
PORTION OF THE BOWMANVILLE EAST MAIN CENTRAL AREA AND
NEWCASTLE VILLAGE MAIN CENTRAL AREA
THAT Report PSD- 061 -04 be received;
THAT provided that there are no significant issues raised in the Public
Meeting, the proposed Zoning By -law contained in Attachment 3 to Report
PSD- 061 -04, be passed;
THAT the Region of Durham Planning Department be forwarded a copy of
Report PSD- 061 -04 and Council's decision; and
THAT the interested parties listed in Report PSD- 061 -04 be advised of
Council's decision.
6. APPLICATION FOR REMOVAL OF HOLDING
APPLICANT: MIDDLE ROAD DEVELOPMENTS INC.
PART LOT 13, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
THAT Report PSD- 062 -04 be received;
THAT the application submitted by Middle Road Developments Inc. to remove
the Holding (H) symbol be approved and that the by -law attached to Report
PSD- 062 -04 to remove the Holding (H) symbol be passed and a copy
forwarded to the Regional Municipality of Durham; and
THAT all interested parties listed in Report PSD- 062 -04 and any delegations
be advised of Council's decision.
Report #1 - 3 - June 14, 2004
7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF MAY 20, 2004
THAT Report PSD- 063 -04 be received; and
THAT Council concur with the decision of the Committee of Adjustment made
on May 20, 2004 for applications A2004/013, A2004/014, A2004/015 and
A2004/016 and that Staff be authorized to appear before the Ontario Municipal
Board to defend the decisions of the Committee of Adjustment.
8. APPLICATION FOR REMOVAL OF PART LOT CONTROL
APPLICANT: VERMONT VILLAGE HOMES LTD.
PART LOT 9, CONCESSION 2, FORMER TOWN OF BOWMANVILLE
THAT Report PSD- 064 -04 be received;
THAT the request for removal of Part Lot Control with respect to Lots 1 to 8,
17, 18, 32 to 46, 60, 61, 77 to 81, 90 to 92, Blocks 93 to 95, and 97 to 100
inclusive on Plan 40M -2172 be approved and that the Part Lot Control By -law
attached to Report PSD- 064 -04 be passed pursuant to Section 50 (7.1) of the
Planning Act; and
THAT all interested parties listed in Report PSD- 064 -04 and any delegations
be advised of Council's decision.
9. REZONING APPLICATION TO PERMIT CONVENIENCE STORE
APPLICANT: GOLD FARM /MUTT ENTERPRISES LIMITED
THAT Report PSD- 065 -04 be tabled to the next General Purpose and
Administration Committee meeting on June 21, 2004 to allow Staff, Suncor
and Mr. Dan Holkema to meet and address concerns expressed by Dan
Holkema.
10. CLARINGTON OFFICIAL PLAN AMENDMENT, REZONING AND
AMENDMENT TO DRAFT APPROVED PLAN 18T -93008 TO PERMIT 106
RESIDENTIAL UNITS
APPLICANT: 1389877 ONTARIO LIMITED
THAT Report PSD- 066 -04 be received;
THAT Amendment No. 38 to the Clarington Official Plan (COPA 2003/005) to
delete a Medium Density symbol submitted by 1389877 Ontario Limited be
approved as contained in Attachment 2 to Report PSD- 066 -04;
Report #1 - 4 - June 14, 2004
THAT the amendment to Draft Approved Plan of Subdivision 18T -93008
submitted by 13889877 Ontario Limited be approved subject to the conditions
contained in Attachment 4 to Report PSD- 066 -04;
THAT the proposed Draft Plan be redlined to show the extension of Street "C"
to Albert Street and that a condition be added to the Conditions of Draft
Approval which requires said extension to be built to the satisfaction of the
Director of Engineering Services;
THAT the application for Zoning by -law Amendment (ZBA 2003/029) be
approved PSD- 066 -04, as contained in Attachment 5 to Report PSD- 066 -04;
THAT the Region of Durham Planning Department be forwarded a copy of
Report PSD- 066 -04 and Council's decision; and
THAT the applicant and all interested parties listed in Report PSD- 066 -04 and
any delegations be advised of Council's decision.
11. MUNICIPAL ROSTER OF CONSULTANTS FOR THE PREPARATION OF
ENVIRONMENTAL IMPACT STUDIES
THAT Report PSD- 067 -04 be received;
THAT Council endorse the document entitled "Municipality of Clarington —
Guidelines for the Preparation of Environment Impact Studies ", as attached to
Report PSD- 067 -04 as Attachment No. 1;
THAT the Roster of Consultants for the Preparation of Environmental Impact
Studies, as indicated in Attachment No. 3 to Report PSD- 067 -04 be approved,
and remain in effect for the period from July 1, 2004 to July 1, 2007;
THAT Council authorize the Mayor and Clerk to sign the necessary by -laws to
engage the consultants on the EIS roster; and
THAT all interested parties listed in Report PSD - 067 -04 and any delegations
be advised of Council's decision.
12. RECONSTRUCTION OF FOURTH AVENUE FROM NASH ROAD TO 0.12
KM NORTH (COURTICE)
THAT Report EDG -32 -04 be received;
THAT the total costs of $220,000 for the reconstruction of Fourth Avenue be
funded from the 2004 Capital Account #110 -32- 330 - 83236 -740 in the amount
of $126,210 with the additional funds of $93,790 being funded from the
Development Charge — Roads and Related Reserve fund in the amount of
$82,798 and the Roads Contribution Reserve Fund in the amount of $10,992;
Report #1 - 5 - June 14, 2004
THAT Black Creek Developments Ltd., be reimbursed for the total cost of
$220,000 for the construction of Fourth Avenue from Nash Road to 0.12 km.
north, in Courtice, upon the issuance of a "Certificate of Completion" in
accordance with the subdivision agreement between Black Creek
Developments Ltd., and the Municipality of Clarington, dated March 4, 2004;
THAT the Purchasing by -law 94 -129 be waived to facilitate the construction
and reimbursement of Fourth Avenue to Black Creek Developments Ltd.; and
THAT Black Creek Developments Ltd. be notified of Council's decision.
13. WORKPLACE SAFETY INSURANCE BOARD
INDEPENDENT OPERATORS
THAT Report COD - 026 -04 be received; and
THAT Council adopt the policy attached to Report COD - 026 -04 for Workplace
Safety and Insurance Board Coverage for all Municipality of Clarington
contractors.
14. TENDER CL2004 -23, DRIVEWAY PAVING
THAT Report COD - 028 -04 be received;
THAT Melrose Paving Company Ltd., Etobicoke, Ontario, with a total bid
amount of $53,600.58, being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2004 -23, be awarded the contract
for Driveway Paving; and
THAT the funds expended be provided from the 2004 Operations Budget.
15. TENDER CL2004 -21,
PART A — SUPPLY AND HAUL GRANULAR A & B GRAVEL
PART B — HAUL, STOCKPILE AND SPREAD GRANULAR _A GRAVEL
THAT Report COD - 030 -04 be received;
THAT Robert Young Construction Ltd., Peterborough, Ontario, with a total bid
in the amount of $438,028.50, being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2004 -21, be awarded the
contract for the Supply and Haul of Granular "A" and "B ", and Haul, Stockpile
and Spread Granular "A" Gravel; and
THAT the funds expended be provided from the 2004 Operations Road
Maintenance and Construction budget.
Report #1 - 6 - June 14, 2004
16. ACCEPTANCE OF CONTRACTS AND QUOTATIONS
THAT Report COD - 031 -04 be received;
THAT the Chief Administrative Officer and Director of Corporate Services or
the Director of Finance or their designates be authorized to accept the lowest
qualified tender or quotation meeting all terms, conditions and specifications
as required by the Municipality during holiday periods for the term of Council;
THAT the Mayor and Clerk, subject to recommendation #2 above, be
authorized to execute the necessary contracts or agreements; and
THAT an information report and any applicable by -laws be presented at the
first General Purpose and Administrative Committee meeting following holiday
periods summarizing the tender and quotations that have been awarded.
17. TENDER CL2004 -14 GUIDE RAIL INSTALLATION
THAT Report COD - 032 -04 be received;
THAT Peninsula Construction Inc, Fonthill, Ontario with a total bid in the
amount of $210,272.63 (excluding G.S.T.), being the lowest responsible bidder
meeting all terms, conditions, and specifications of Tender CL2004 -14, be
awarded the contract for the Guide Rail Installation, as required by the
Operations Department;
THAT the total funds required in the amount of $261,720.00 ($210,272.63
tender plus consulting, contingencies, emergency work and Net GST) be
drawn as follows:
a. $116,504.00 from 2003 Capital Budget for Guide Rail Installation
Account # 8340 - 03300 -1401
b. $145,630.00 from the 2004 Capital Budget for Guide Rail
Installation Account # 8340 - 04300 -1401; and
THAT the By -law attached to Report COD - 032 -04 marked Schedule "A"
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
18. TENDER CL2004 -20 PLUMBING SERVICES
THAT Report COD - 033 -04 be received;
THAT Jack Burgess Plumbing, Bowmanville, Ontario, with bid prices of $44.00
per hour for Journeyman Plumber and $30.00 per hour for Journeyman
Report #1 - 7 - June 14, 2004
19.
20.
Plumber's Apprentice be awarded the contract to provide Plumbing Services,
as required by the Municipality of Clarington;
THAT, pending satisfactory pricing and service, the contract be extended for a
second and third year; and
THAT the funds expended be drawn from the various Current Budget
Accounts.
CL2003 -28, COURTICE FIRE STATION #4 & DURHAM POLICING CENTRE
THAT Report COD - 034 -04 be received;
THAT Gay Company Limited, Courtice, Ontario with a total bid in the amount
of $1,975,000.00, excluding G.S.T.($2,113,250.00 Including GST), being the
lowest responsible bidder meeting all terms, conditions, and specifications of
Tender CL2003 -28, be awarded the contract for the Courtice Fire Station #4
and Durham Regional Policing Centre;
THAT the total funds required in the amount of $2,175,000.00 ($1,975,000.00
tender + $90,000 Architectural Consulting Services + $110,000 utility
connections, site preparation, equipment/furnishings, project contingency) be
drawn from Accounts as follows:
Municipal Capital Works Reserve Fund $1,412,245
Impact /Escrow Reserve Fund $ 421,095
Fire Protection Development Charges
Reserve Fund $ 341,660; and
THAT the By -law attached to Report COD - 034- 04marked Schedule "A"
authorizing the Mayor and the Clerk to execute the necessary agreement be
approved.
CORPORATE ADVERTISING POLICY
THAT the Report COD - 035 -04 be received; and
THAT the Corporate Advertising Policy attached to Report COD - 035 -04 be
approved and adopted by Council.
21. ACTIONS TAKEN AT THE "CLOSED MEETING"
THAT the actions taken at the "closed" meeting be ratified.
SUMMARY OF CORRESPONDENCE
JUNE 14, 2004
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
1 - 1 John O'Toole, MPP, Durham, thanking Council for a copy of their
correspondence to Premier McGuinty in support of the City of Vaughan's
resolution regarding municipalities receiving funds through a share of the
revenues from toll highways or through taxes /payments in lieu provided by
toll highways. He generally agrees that municipalities need new sources
of revenue. At the same time, we all want improved transportation
infrastructure. As new highways are developed, adjacent land becomes
more valuable and the municipality should benefit from an increase in
taxes produced by higher assessment. However, he also supports a
percentage of the gas tax being turned over to municipalities and perhaps
a percentage of toll fees being made available to municipalities.
1 - 2 Willis & Marilyn Barraball, 3499 Concession Road 7, Orono advising
Council they believe the Regional Chair should be a directly elected
position.
1 - 3 Minutes of the Clarington Public Library meeting dated April 28, 2004.
(Copy attached)
1 - 4 Minutes of the Clarington Hwy. 407 Community Advisory Committee
meeting dated May 18, 2004. (Copy attached)
1 - 5 Minutes of the Central Lake Ontario Conservation Authority meeting dated
May 18, 2004. (Copy attached)
1 - 6 Sandra Kranc, City Clerk, City of Oshawa advising of the following staff
appointments:
City Manager — Robert (Bob) Duignan
Acting Commissioner of Corporate Services — Rick Stockman
Acting Commissioner of Operational Services —Mike Bellamy
1- 7 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising
that Regional Council passed the following resolution:
"THAT Local Transit Initiative Funding included in the 2004 Regional
Business Plans and Property Tax Budget be allocated to the Area
Municipalities in accordance with Attachment #1 of Report
#2004 -F -35 of the Commissioner of Finance, and the Area
Municipalities be advised accordingly."
Summary of Correspondence - 2 -
June 14, 2004
1 - 8 The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing thanking Roger Anderson, Regional Chair, Regional Municipality
of Durham, for his correspondence and submission from Council
regarding community improvement provisions in the Planning Act and
related provisions in the Municipal Act. The Ontario government
introduced Bill 26, the proposed Strong Communities (Planning
Amendment) Act, 2003, to address Ontario citizens' concerns, to help
build clean, vibrant communities, and to discourage urban sprawl. Mr.
Anderson's concerns and suggestions will be considered as part of the
review of the Municipal Act.
1 - 9 The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing announcing the government is taking the next step to sustain
planned growth and build strong communities. The following is a series of
public information sessions to be held in major centres across Ontario to
get input from the public and key groups with interests in land -use
planning on the government's. reform initiative:
June 8
Windsor
June 29
Kingston
June 10
Vaughan
July 6
London
June 15
Toronto Downtown
July 8
Thunder Bay
June 16
Toronto East
July 12
Ottawa
June 17
Toronto West
July 13
Oakville
June 22
Hamilton /Niagara
July 15
Sudbury
June 24
Pickering
An information package including three consultation discussion
documents is available at www.planningreform.ontario.ca or by calling
1- 866 - 751 -8082.
1 - 10 The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing announcing the government is moving forward to strengthen
Ontario's communities by talking to Ontarians about reforming the Ontario
Municipal Board and the land -use planning system. The introduction of
Bill 26, Strong Communities (Planning Amendment) Act, 2003 was a
major step to planning reform.
I - 11 Ron Albright, P. Eng., Totten Sims Hubicki, advising Council that at a
meeting held on May 31, 2004 Mr. Chris Fredericks addressed the issue
of Report PSD- 058 -04 — Heritage Designation. During his delegation, Mr.
Fredericks referred to Totten Sims Hubicki. Mr. Fredericks is a past
employee of the company. The opinions he expressed do not represent
the views of the company and Totten Sims Hubicki was mentioned purely
as evidence of his previous professional experience. Mr. Fredericks has
been asked to refrain from using the company name when commenting.
Summary of Correspondence - 3 - June 14, 2004
1 - 12 John O'Toole, MPP, Durham, submitting to Council a copy of
correspondence he received from The Honourable John Gerresten,
Minister of Municipal Affairs and Housing, regarding suggestions to better
control of vicious dogs as discussed with Marie Knight Stanley, Deputy
Clerk, Municipality of Clarington. The Minister has reiterated that there
are powers already given to municipalities under the Municipal Act 2001
and the Dog Owners' Liability Act. Should the municipality feel additional
powers are necessary, he would be pleased to pursue this issue.
1 - 13 Association of Municipalities of Ontario advising Council that Premier
Dalton McGuinty and Michael Bryant, Minister Responsible for Democratic
Renewal, introduced legislation to set fixed dates for provincial elections to
be held on the first Thursday in October every four years, commencing
Thursday, October 4, 2007. The legislation would establish a twenty -eight
day campaign period.
1 - 14 Jim Schell, Chair, Central Lake Ontario Conservation, introducing the new
brand identity for Conservation Ontario — the umbrella organization
endorsed by and representing the province's 36 Conservation Authorities.
This includes a statement of values, revitalized logo and a new tagline
symbolizing the heart of Ontario's Conservation Authorities. The new logo
embodies a number of key elements: different tree types, flowing water,
terrestrial and aquatic habitat, the big "C" for conservation and the inset
"O" for Ontario. The brand identity conveys who they are, what they do
and how they do it.
1- 15 J.R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation, submitting to Council a copy of the 2004 Budget, approved
by the CLOCA Board of Directors on May 18, 2004 as approved by the
following resolution:
"THAT the proposed 2004 Budget Estimates totaling $5,875,805 be
approved as presented;
THAT the Region of Durham be requested to approve an operating
levy of $1,846,600 and a capital levy of $1,475,000;
THAT projects outlined in the Budget Report be adopted as
projects of the Authority; and
THAT copies of the 2004 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."
Summary of Correspondence - 4 - June 14, 2004
1 - 16 Kim Mandzy, Project Scientist, Sierra Legal Defence Fund, requesting the
Ministry of the Environment to place a moratorium on the use of sound -
sorb until the Ministry can present evidence that groundwater
contamination does not exist or that the use of this product poses no
significant health risk. It was recognized in the Ministry White Paper on
Watershed -Based Source Protection Planning that "source water
protection is the first barrier in an approach to ensure safe drinking water
that safeguards the water in our lakes, rivers and aquifers ". Although it is
recognized that opportunities for waste diversion ought to be sought
wherever possible, it is submitted that waste diversion should not have the
effect of spreading contaminants.
1 - 17 William Humber, Chair, Old Bowmanville Neighbourhood Association,
writing the Clarington Museums and Archives Board Members advising of
their disappointment and concern to learn that their invitation to Charles
Taws to attend the fifth annual meeting of the Old Bowmanville
Neighbourhood Association on May 19th, 2004 was prevented for political
reasons — heritage designation. The annual meeting has offered an
opportunity for a wide variety of neighbourhood topics to be addressed in
a non - partisan and engaging manner and no other attendees felt that their
position would be compromised by their participation. As a long -term
member and active contributor to the Museum, he found the Museum's
rebuff of our invitation distasteful and unacceptable.
1 -18 Catherine Brown, Acting Assistant Deputy Minister, Integrated
Environmental Planning Division, Ministry of Environment, advising of a
proposal to the Environmental Bill of Rights Registry to amend the
Drinking Water Systems Regulation (O. Reg. 170/03) that may affect
municipal drinking water. The ministry is prepared to look at options for
making the regulation more workable for small communities and rural
water systems in the context to the O'Connor recommendations.
1 - 19 James G. Young, M.D., Commissioner of Emergency Management,
forwarding Nuclear Emergency Information brochures that Ontario Power
Generation, in conjunction with Emergency Management Ontario, Durham
Region and the City of Toronto, will be mailing to residents near the
Pickering and Darlington Nuclear Generation Stations. The brochures will
state what to do in an emergency. We can assist by having staff inform
any callers that there is no reason for concern and reassure them the
brochure is purely educational and does not reflect any increase
impossible terrorist or nuclear threat to our community.
1-20 Marilyn Cole, Campaign Officer, Friends of Second Marsh inviting Council
to their fundraising Bike Rally to be held on August 22, 2004 at 8:30 a.m.
The route will begin at the General Motors headquarters parking lot in
Oshawa, to Darlington Provincial Park and then to OPG Darlington Green
Corridor and end at the General Motors parking lot for entertainment, food
and prizes.
Summary of Correspondence - 5 - June 14, 2004
1 - 21 Bruce F. Smith, Executive Director, Lakeridge Health Whitby Foundation,
providing Council with a copy of their Strategic Plan 2004 — 2005.
1-22 The Honourable John Gerretsen, Minister of Municipal Affairs and
Housing submitting to Council an information package containing three
consultation discussion documents and questionnaires regarding key
aspects of Ontario's land -use planning system.
1-23 Minutes of the Clarington Traffic Management Advisory Committee
meeting dated May 20, 2004. (Copy attached)
1-24 Mayor Sutton, Chair CANHC, Municipality of Kincardine, writing to the
Nuclear Waste Management Organization advising that a recent meeting
the subject of peer review funding for NWMO documents and process was
discussed. The consensus was that the NWMO should consider funding
pre- approved reviews of the NWMO documents and process.
CORRESPONDENCE FOR DIRECTION
D - 1 Ontario Road Builders' Association, Ontario Sewer & Watermain
Construction Association, Toronto and Area Road Builders' Association,
Heavy Construction Association of Toronto, Ontario Association of
Foundation Specialists, and Ontario General Contractors' Association
requesting that Council consider incorporation of some form of price
indexing or escalation provisions for steel products in future contracts. If
not introduced, fewer bids will be received for longer duration projects and
contractors will be forced to gamble on future costs by building
contingencies into their bids, which could end up exceeding the real cost
escalation. Suppliers of steel products are quoting drastically higher
prices than a few months ago, and, in many cases, are no longer prepared
to quote firm prices. The current situation is very unstable and the
duration of the current turmoil cannot be forecasted.
(Motion to refer correspondence to the
Director of Corporate Services)
D - 2 Bert Johnston, George Webster Cliff Trewin, residents of Concession
Street, East, Bowmanville advising Council of a traffic incident on May 28,
2004 on Concession Street, West with a parked car. They believe the
location of the island (west of Liberty Street and in the middle of
Concession Street), the parking permitted on both sides of the road, and
the changes of the curbs were contributing factors to the accident. They
are requesting that this traffic concern be investigated.
(Motion to refer correspondence to the
Director of Engineering Services)
D - 3 Richard and Mary-Lou Brydson, 3384 Concession Road 7, Orono,
LOB 1 MO making application to purchase an unused road that is
contiguous to their lot on the west side, and running the length of their
property. The use of the roadway is essential for their access to
Summary of Correspondence - 6 - June 14, 2004
Concession Road 7; they cannot have direct access to Concession Road
7 because of the nearby river, which is the headwater of the Ganaraska
River. Historically, all past owners of their property have used this unused
road as their driveway. All residents at this property use this as a
driveway. Securing this as their driveway would mean a safer
environment for their family and all subsequent residents.
(Motion to refer correspondence to the
Director of Engineering Services)
D - 4 Sandy White and Carol Reilly, Public Health Nurses, Injury Prevention
Program, Falls Prevention, Regional Municipality of Durham, requesting
Council to declare the week of October 17 — 23, 2004 as "Falls Prevention
Week ". Falls prevention is an important issue since approximately one in
three seniors fall each year and falls are the leading cause of fatal injuries
among seniors.
(Motion to Proclaim)
D - 5 Derryn V. Gill, Chair, Board of Directors, Spina Bifida and Hydrocephalus
Association of Ontario ( SBHAO), requesting Council to declare June as
"Spina Bifida and Hydrocephalus Awareness Month ". Hydrocephalus and
spina bifida are life long, complex conditions for which there is no cure.
Left untreated they may even cause death. SBHAO has been committed
to making a positive difference in the lives of individuals and families
affected by spina bifida and /or hydrocephalus.
(Motion to Proclaim)
D - 6 District Lodge, requesting Council to declare the week of July 11 17,
2004 as "Orange Week ".
(Motion to Proclaim)
D - 7 Rohini Patel raising concerns with light pollution in Courtice. The unused
lighting and energy is causing unnecessary hassles in many different
ways. Drivers are unsafe because of the light glare, distracting them fro
obstacles in their path. Light pollution is also a great waste of energy; 30
percent of the light given off of street lamps just goes skywards. That
relates to the other issue; that astronomers and scientists cannot study the
night sky with the extra light in the way.
(Motion to refer correspondence to the
Director of Planning Services)
D - 8 Alicia VanderSanden and Tanya Cumming voicing their concerns about
light pollution and the effect that it is having. Light pollution is the product
of unused light, it makes the sky seem extremely bright above cities. It
affect many people such as astronomers, sky watchers and drivers. This
also affects the environment. Migratory birds in particular are affected by
this because they are distracted by the city lights and lighted windows.
Light pollution is also a huge waste of energy and money.
(Motion to refer correspondence to the
Director of Planning Services)
Summary of Correspondence - 7 - June 14, 2004
D - 9 Krista Raps bringing forward the issue of light pollution. This is unused
artificial light caused by large populated areas. It is blocking the view of
the stars and clear night sky. It is frustrating sky watchers and
astronomers. Light pollution causes us to use 30 percent more energy
than needed and power drains on our already stressed generators. The
glare can cause road hazards and problems for birds.
(Motion to refer correspondence to the
Director of Planning Services)
D - 10 Nicole Urbanowicz and Tracey Jingco voicing concerns with light pollution.
People are wasting energy more and more each day. They believe
wasting electricity is wrong and they conserve as much as possible.
(Motion to refer correspondence to the
Director of Planning Services)
D - 11 Anthony Estrela and Brandon Dragota voicing concerns about light
pollution. This is wasting electricity, thereby wasting money.
Unnecessary light can flash into drivers' eyes and the motorists can cause
accidents. It can kill birds by the light flashing in their eyes causing them to
crash down fro the sky and to the ground.
(Motion to refer correspondence to the
Director of Planning Services)
D - 12 Kristen Merrett requesting more after school activities. A lot of teenagers
are getting into trouble because they have little to do in a small town like
Courtice. More activities could be started at the Courtice Community
Center or another public place. She suggests sports, music, drama, art,
debate groups, martial arts or any number of different activities.
(Motion to refer correspondence to the
Director of Community Services)
D - 13 Katherine Michelle MacGirr expressing her concerns over the current
issue of the public use of chemicals on lawns versus the use of them on
the grounds of golf courses. This sounds completely hypocritical to her.
(Motion to refer correspondence to staff
for response)
D - 14 Doug DeBoo advising of his concern of using sand on the roads north of
Taunton Road during winter months. It woks great, but when the snow
melts it leaves a mess on the roads, on the sidewalk, even in the ditches.
It would be a lot better to use salt everywhere.
(Motion to refer correspondence to the
Director of Operations)
D - 15 C. Mahur writing of her concern with a helicopter flying too low over the
subdivision of Sandringham and Trulls Roads. Her townhouse was
shaking and making loud cracking noises from the roof and floors even
after the helicopter finally left. Children were crying, dogs were barking;
Summary of Correspondence - 8 - June 14, 2004
the whole neighbourhood was terrorized. There are already concerns with
the construction of the homes. She asks that the practice of flying
helicopters so low be stopped.
(Motion to refer correspondence to the
Durham Regional Police and to the
Director of Engineering)
D - 16 Phil Bird writing with his concerns related to the new Regional Smoking
By -law. He resides at Wilmot Creek, where they have a Community
Centre called "The Wheelhouse ". Several of the residents head down to
The Wheelhouse in the morning to meet with their friends to share
conversation and a smoke in the "Smoking Room ". These people are in
their late sixties to late eighties and have probably been smoking since
their teens. As of June 1 this tradition will end because of the Regional
Smoking By -law. He asks for an explanation of how a few select locations
can be exempted from the new smoking legislation, but this little corner of
his community cannot.
(Motion to refer correspondence to the
Regional Municipality of Durham)
D - 17 Jean Quilter advising of her concerns with the use of Nelson Street as the
main /only exit/entrance to and from the development of housing that is
due to take place on the west side of Hunt Street. Why would northbound
traffic be forced to travel south to exit the e \development, then have to
travel north again? Logically it would seem that an exit should also be
available in the north end for people who are not heading south towards
the 401 area.
(Motion to refer correspondence to the
Director of Planning Services)
D - 18 Flora and Clifford Curtis requesting permission to hold a fireworks display
to close their family reunion on Saturday, July 31, 2004. The reunion is
being held on Tooley's Road and relatives from all over North America will
be in attendance. They anticipate around 110 or more family members
which have a history in residing on the street over the past 40 years.
(Motion to approve provided the
organizers obtain a fireworks permit
from the Municipal Law Enforcement
Division)
D - 19 Gary Clad, Manager of Council /Community Services and Deputy Clerk,
City of Windsor, advising Council that at a meeting held on
February 2, 2004 their Council passed the following resolution:
"WHEREAS the Municipal Property Assessment Corporation
(MPAC) currently provides all assessment and relocation services to
municipalities; and
WHEREAS MPAC is both a monopoly and government agency; and
Summary of Correspondence - 9 - June 14, 2004
WHEREAS there is no basis for price and service comparison as
there are no other service providers.
THEREFORE BE IT RESOLVED that Windsor City Council
encourage the Province to consider all options, including the
privatization of the property tax assessment function and that a copy
of our resolution be sent to the Minister of Finance, the Association of
Municipalities of Ontario (AMO) and to all Ontario municipalities with
a population over 25,000 and further, that Council petition the
Premier of the Province of Ontario to cap residential increases at no
greater than five percent, and that the tax policy be reviewed in
general."
(Motion for Direction)
D - 20 Dawn Halcrow, CAO /Clerk, Municipality of Hastings Highlands, advising
Council that their Council passed the following resolution:
"WHEREAS, in its present form, O. Reg 170/03 imposes undue and
extreme hardship on rural ratepayers, targeting municipalities and
small businesses with punitive legislation, threatening the survival of
rural economics across the province;
AND WHEREAS Reg. 170 requires rural municipalities and
applicable business owners to pay the cost of engineers' reports plus
the costs for weekly water testing, the toll will be too great for small
businesses ,to bear and many will have to close their doors;
AND WHEREAS municipalities now overburden with costs of
previous provincial downloading, the residential /commercial property
tax base cannot carry the additional load of yet another major
provincial program;
AND WHEREAS our rural economy depends on tourism, and the
services provided by small businesses, the draconian legislation of
Reg. 170 will literally close the hand that feeds us;
AND WHEREAS, recognizing that the recommendations of the
Walkerton Inquiry deserve close attention, the rush to legislate "Safe
Water" with Reg. 170 is counterproductive, and creates undue and
harmful consequences for rural communities;
AND WHEREAS a healthy rural economy is the backbone of Ontario,
excessive regulations in Reg. 170 equally deserve close attention to
preserve our rural economy;
AND WHEREAS the Walkerton incident singularly exposed gross
negligence, it was a wake -up call for "due diligence ", calling for
reasoned and affordable legislation that measures existing due
diligence for "safe water" already in place;
Summary of Correspondence - 10 - June 14, 2004
AND WHEREAS, the punitive requirements in Reg. 170 suggests
that all drinking water in rural Ontario may be unsafe, the assumption
is unreasonable, given the results of "safe" water tests from Health
Units, every day;
AND WHEREAS, the Provincial Government has not demonstrated a
need for such drastic legislation, the need for engineers' reports or
weekly testing is neither justified nor logistically feasible in remote
rural areas;
AND WHEREAS, residents see the waste of overprotective
legislation daily in the news, they object to throwing more hard -
earned wages down the drain to prove to Queen's Park that their
already tested "safe" water is still "safe" to drink;
AND WHEREAS, drinking water tests for residents are free at Health
Units, Reg. 170 does not extend the same privilege to Municipalities
or businesses;
AND WHEREAS, such legislation should appropriately reflect the
degree of need for public protection, versus the cost consequences
for all Ontarians, Reg. 170 fails to meet this criteria on both counts;
BE IT THEREFORE RESOLVED that the Municipality of Hastings
Highlands, on behalf of rural residential /commercial ratepayers in the
Province of Ontario, request that the regulations in O. Reg. 170/03 be
revised: To properly assess need with affordability; to recognize that
the property tax base cannot withstand further downloading of
Provincial and Federal Government programs; to protect the survival
of rural communities;
AND BE IT FURTHER RESOLVED that this motion be circulated to
AMO, ROMA and all rural Municipalities in Ontario requesting their
support and copies be forwarded to Premier Dalton McGuinty, MOE
Minister Leona Dombrowsky, Tourism & Recreation Minister Jim
Bradley, Municipal Affairs Minister John Gerretsen, Consumer &
Business Services Minister Jim Watson, Economic Development &
Trade Minister Joe Cordiano, Finance Minister Greg Sorbara, Public
Infrastructure Renewal Minister David Caplan, Legislation &
Regulation Commissioner Richard Patter, MPP Ottawa Centre."
(Motion for Direction)
D - 21 Ronn Hovianseian, Chair, Planet Earth Eco Youth Board, informing
Council that the group would like to become an official youth -based
environment committee to initiate and support environmental stewardship
among local environmental youth organizations within the schools and
communities around the province. Their vision is the youth of today and
the youth of tomorrow, together act on preserving and restoring the planet
earth.
(Motion for Direction)
Summary of Correspondence - 11 - June 14, 2004
D - 22 John Williamson, Federal Director, Canadian Taxpayers Federation,
requesting Council to sign a petition in support of calling for the federal
government to return over $2 billion in federal fuel tax revenues to
Canada's municipalities. The CTF will be driving a van from Victoria to
Ottawa to raise awareness of the tax component of gasoline and how little
(less than 5 %) that is reinvested by the government in roadway
construction and maintenance. Their message is to direct half of gasoline
and other fuel tax revenues toward roadway construction and
maintenance.
(Motion for Direction)
D - 23 The Honourable John Gerresten, Minister Responsible for Seniors, inviting
Council to participate in the 2004 Senior of the Year Awards to honour one
outstanding local senior. Recipients are individuals who, after age 65,
have enriched the social, cultural or civic life of the community, without
thought of personal or financial gain. The deadline for nominations is
June 30, 2004.
(Motion for Direction)
D - 24 Scott Wilson, Secretary- Treasurer, and Kathy Zammit, Chief Returning
Officer, Association of Municipalities of Ontario, requesting nominations
for the 2004 -2005 AMO Board of Directors. A summary of the offices for
each caucus and an estimate of the annual time commitment required is
included.
(Motion for Direction)
D - 25 Jack Colville, 55 Lawrence Crescent, Bowmanville, L1 C 3M7, voicing his
concerns about the danger of walking on the Vanstone bridge. A railing
should be installed to ensure the safety for pedestrians as vehicles speed
by.
(Motion to refer correspondence to the
Director of Engineering Services)
D - 26 Peter Fallis, Fallis Fallis & McMillian, requesting Council's position on the
MPAC assessment of RV units as land in private campgrounds.
(Motion to refer correspondence to the
Director of Finance/Treasurer)
SUMMARY OF BY -LAWS
JUNE 14, 2004
BY -LAWS
2004 -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 (Karam D.
Singh) (Item #4 of Report #1)
2004 -142 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the Municipality of Clarington (Item #5 of
Report #1)
2004 -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 (Middle
Road Developments Inc.) (Item #6 of Report #1)
2004 -144 being a by -law to exempt a certain portion of Registered Plan 40M -2172
from Part Lot Control (Vermont Village Homes Ltd.) (Item #8 Report #1)
2004 -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 (1389877
Ontario Ltd.) (Item #10 Report #1)
2004 -146 being a by -law to adopt Amendment No.38 to the Clarington Official
Plan (1389877 Ontario Ltd.) (Item #10 Report #1)
2004 -147 being a by -law to authorize a contract between the Corporation of the
Municipality of Clarington and Totten Sims Hubicki Associates, 513
Division Street, Cobourg, ON, K9A 5G6 to enter into an agreement for
consulting services for the Environmental Impact Studies Roster in the
area of Earth Sciences and Hydrogeology Resources as per their
proposal of May 25, 2004 (Item #11 of Report #1)
2004 -148 being a by -law to authorize a contract between the Corporation of the
Municipality of Clarington and Peninsula Contracting Inc. Fonthill,
Ontario, to enter into agreement for the Guide Rail Installation (Item #17
of Report #1)
2004 -149 being a by -law to appoint a Municipal Law Enforcement Officer
(approved by Council April 26, 2004 - Budget)
2004 -150 being a by -law to authorize a contract between the Corporation of the
Municipality of Clarington and Gay Company Limited, Courtice, Ontario
to enter into an agreement for the Courtice Fire Station #4 and Durham
Regional Policing Centre (Item #19 of Report #1)
2004 -151 Confidential Property Matter (PSD- 069 -04)