HomeMy WebLinkAbout12/13/2004Leading e Way
DATE: MONDAY, DECEMBER 13, 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 November 22, 2004
DELEGATIONS
a) David Kelly — Accessibility Advisory Committee - Report CLD -40 -04
2005 Accessibility Plan in Accordance with the Ontarians With Disabilities Act
(Report #3)
b) Suzanne Elston, Durham Environmental Advisory Committee —
Environmental Achievement Awards
c) Mario Veltri —Addendum to Report PSD- 138 -04 - Rezoning and Plan of
Subdivision - Veltri and Son Ltd. (Item #26 of Report #1)
d) Roslyn Houser, Goodmans Law Firm — Report PSD- 163 -04 - Brookhill
Secondary Plan Study - Results of Landowners Meeting and Study
Commencement (Item 2c) of Report #1)
e) Tom and Chigi Cauchon — Report PSD- 155 -04 - Port Darlington
Neighbourhood Secondary Plan COPA 2004 -005 (Unfinished Business)
f) Kevin Taylor — Report PSD- 155 -04 - Port Darlington Neighbourhood
Secondary Plan COPA 2004 -005 (Unfinished Business)
g) Scott Lumley — Report PSD- 155 -04 - Port Darlington Neighbourhood
Secondary Plan COPA 2004 -005 (Unfinished Business)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - December 13, 2004
COMMUNICATIONS
Receive for Information
I- 1 John O'Toole, MPP, Durham - Clarington Emergency and Fire Services
1 - 2 John O'Toole, MPP, Durham- Hansard
1 - 3 John O'Toole, MPP, Durham - Ontario Society for the Prevention of
Cruelty to the Animals Act
1 - 4 Douglas Stevens, Pastor (Captain), The Salvation Army, Bowmanville
Community Church Ministries - Thank You
1 - 5 Nicole Parsons, National Project Coordinator, Waste Reduction Week in
Canada, Recycling Council of Ontario — Thank You
1 - 6 W. Donald Cousens, Mayor, Town of Markham - The Mayors' Green
Building Challenge
1 - 7 Minutes of the Clarington Agricultural Advisory Committee Meeting
1 - 8 Minutes of the Central Lake Ontario Conservation Authority Meeting
1 - 9 Minutes of the Clarington Traffic Management Advisory Committee
Meeting
I - 10 Ontario Power Generation Nuclear Report Card, Darlington
I - 11 Deb Shewfelt, Mayor, Town of Goderich, Chair, OMWA Board of
Directors - OMWA Councillors Handbook 2004 - Statutory Standard of
Care
1 - 12 Stephen Laird, Operations Technician II, The Regional Municipality of
Durham - Bulky Goods Collection Schedule Change
I - 13 Steve Shaw, Vice - President, Corporate Affairs & Communications,
Greater Toronto Airports Authority - Pickering Airport Draft Plan Report
Council Agenda - 3 - December 13, 2004
COMMUNICATIONS
1- 14 M. Bredeson, Executive Correspondence Officer, Office of the Prime
Minister - Project Beacon — General Motors of Canada Ltd.
1 - 15 Bev Billings, PHN, Member of Durham Lives! Food Wellness - Food
Wellness — Your Community Newsletter
1 - 16 Ontario Property and Environmental Rights Alliance - Greenbelt
Background Discussion Paper
1 - 17 Tim Hudak, M.P.P., Erie - Lincoln - Proposed Greenbelt Act
1 - 18 Brian Lemon, CEO of Lakeridge Health Corporation - Parking Revenue
and Corporate Planning and Administrative Reductions
1 - 19 Hume Martin, President & CEO, Rouge Valley Health System, and Brian
Lemon, CEO of Lakeridge Health Corporation - Business Office
Transformation Project
1-20 Luc Bourdon, Director General, Rail Safety — Speed of Trains
1 - 21 August and Joanne Geisberger - The Greenbelt Act
1-22 Frank Hoar, Newcastle -Bond Head Ratepayers Association -
Expropriation of Lakefront Lands
1-23 P.M. Madill, Regional Clerk, Regional Municipality of Durham - 2004
Building Permit Activity Review
1-24 P.M. Madill, Regional Clerk, Regional Municipality of Durham - Brownfield
Regulation and Revisions to the Region's Framework for Assessing Site
Contamination
1-25 Mirka Januszkiewicz, Director of Waste Management Services, Regional
Municipality of Durham - Ontario Environmental Assessment (EA)
1-26 Ian D. Macnab, CAMC Chair 2003/04, Conservation Authorities Moraine
Coalition - Brochure Detailing the Efforts and Successes of 2003
1-27 Martin de Rond, Director of Legislative & Information Services /Clerk, Town
of Ajax - Victoria Cross
Council Agenda - 4 - December 13, 2004
COMMUNICATIONS
I - 28 Association of Municipalities of Ontario - Community Reinvestment Fund
(CRF) Reconciliation
CORRESPONDENCE FOR DIRECTION
D - 1 John Greenfield, Bowmanville Branch 178, Royal Canadian Legion -
Naming of Streets for Veterans of a World War
D - 2 Shari Rowan, Treasurer, Tyrone Community Centre - Request for Funds
D - 3 Rhonda Barkley, Liaison, Ontario Family Fishing Weekend Steering
Committee - "Ontario Family Fishing Weekend"
D - 4 Jane Rowe, Clarington Museums & Archives Board - Resignation
Clarington Museums and Archives Board
D - 5 J.D. Leach, City Clerk, City of Vaughan - Ontario Health Premium
D - 6 Bruce Taylor, City Clerk, City of Pickering - Agreement for Annex 2001
MOTION
NOTICE OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of
December 6, 2004
2. Report COD -70 -04 — Corporate Policy A1, Staffing and Recruiting
3. Report CLD -40 -04 — 2005 Accessibility Plan in Accordance with the Ontarians
With Disabilities Act
4. Report EGD -60 -04 — Durham Region Business Case Analysis for Potential
Transfer of Transit Services (To be distributed under separate cover)
Council Agenda - 5 - December 13, 2004
REPORTS
5. Report EGD -61 -04 — Canada /Ontario Municipal Funding Application
(To be distributed under separate cover)
6. Report PSD- 165 -04 — Caledon Propane Information Report (To be distributed
under separate cover)
7. Confidential Report ADM -10 -04 — Personnel Matter (To be distributed under
separate cover)
8. Confidential Report ADM -11 -04 — Personnel Matter (To be distributed under
separate cover)
9. Confidential Report PSD- 164 -04 — Property Matter (Distributed under
separate cover)
10. Confidential Report CLD -41 -04 — Legal Matter (Distributed under separate
cover)
UNFINISHED BUSINESS
1. Report PSD- 155 -04 — Official Plan Amendment Port Darlington
Neighbourhood Secondary Plan (Tabled from the General Purpose and
Administration Committee Meeting of December 6, 2004)
BY -LAWS
OTHER BUSINESS
a) Appointment to the Newcastle Arena Board (Application circulated under
separate cover)
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
REPORT #1
REPORT TO COUNCIL MEETING OF DECEMBER 13, 2004
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF MONDAY, DECEMBER 6, 2004
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) EGD -59 -04 — Monthly Report on Building Permit Activity for
November, 2004
(b)
CSD -17 -04 —
(c)
CSD -18 -04 —
(d)
CSD -19 -04 —
(e)
CLD -39 -04 —
(f)
COD -64 -04 —
(g)
COD -69 -04 —
Fitness Programs Update
Aquatics Program Update
Clarington sports Hall of Fame 2004 Induction
Ceremony
Encroachments on Municipal Property
Emergency Services Radio Equipment and
Exclusivity
www.clarington.net
2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION
(a) PSD- 156 -04 — Extension for Temporary Living Quarters
Applicant: Steven Carruthers
(b) PSD- 160 -04 — Comments on the Provincial Draft Greenbelt Plan
(c) PSD- 163 -04 — Brookhill Secondary Plan Study — Results of
Landowners Meeting and Study Commencement
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Report #1 - 2 - December 13, 2004
(d) COD - 062 -04 —
(e) COD - 068 -04 —
Request for Proposal RFP2004 -3 — Business Plan
for the Brian McFarlane Museum
Tender CL2004 -1 Mechanical Equipment
Maintenance Contract
(f) Christmas Caroling Event — Trulls Road Free Methodist Church
3. REZONING TO PERMIT AN ADDITIONAL LOT
APPLICANT: DOUG FARROW
THAT Report PSD- 148 -04 be received;
THAT, provided there are no significant issues raised at the public meeting,
the rezoning application submitted by Doug Farrow be approved and that the
zoning by -law amendment attached to Report PSD- 148 -04 be adopted by
Council; and
THAT all interested parties listed in Report PSD- 148 -04 and any delegations
be advised of Council's decision.
4. REGULATION OF THE ESTABLISHMENT OF DRIVE- THROUGH USES
WITHIN THE ZONES CURRENTLY DESIGNATED AS C1, C2 AND
THEIR EXCEPTIONS IN THE MUNICIPALITY OF CLARINGTON
THAT Report PSD- 149 -04 be received;
THAT the proposed zoning by -law amendment be referred back to staff for
consideration of comments from landowners and review agencies; and
THAT the interested parties listed in Report PSD- 149 -04 be advised of
Council's decision.
5. AMENDMENT TO DRAFT APPROVED PLAN OF SUBDIVISION
18T -87021 ZONING BY -LAW AMENDMENT ZBA2004/045 TO PERMIT
THE DEVELOPMENT OF 267 RESIDENTIAL UNITS
APPLICANT: LIBERTY STREET DEVELOPMENTS INC.
THAT Report PSD- 150 -04 be received;
THAT the applications to amend Draft Approved Plan of Subdivision 18T-
87021 and Zoning By -law 84 -63, submitted by Liberty Street Developments
Inc. to permit the development of 267 residential units be referred back for
further processing and the preparation of a subsequent report; and
THAT all interested parties listed in Report PSD- 150 -04 and any delegations
be advised of Council's decision.
Report #1 - 3 - December 13, 2004
6. APPLICANT FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: ASPEN SPRINGS LIMITED
THAT Report PSD- 152 -04 be received;
THAT the application submitted by Aspen Springs Limited to remove the
Holding (H) symbol be approved and that the By -law attached to Report
PSD- 152 -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- 152 -04 and any delegations
be advised of Council's decision.
7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF
ADJUSTMENT FOR THE MEETING OF NOVEMBER 11, 2004
THAT Report PSD- 153 -04 be received; and
THAT Council concur with the decisions of the Committee of Adjustment made
on November 11, 2004 for applications A2004/029, A2004/041, A2004/046,
A2004/053, A2004/054, A2004/055, and A2004/056 and A2004/057; and that
Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
8. NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE
MUNICIPALITY OF CLARINGTON AND VALLEYS 2000
THAT Report PSD- 154 -04 be received;
THAT the New Memorandum of Understanding between Valleys 2000 and the
Municipality of Clarington be approved;
THAT the Mayor and Clerk be authorized to execute the New Memorandum of
Understanding on behalf of the Municipality of Clarington;
THAT the By -law authorizing execution of the New Memorandum of
Understanding be approved; and
THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's
decision.
9. OFFICIAL PLAN AMENDMENT
PORT DARLINGTON NEIGHBOURHOOD SECONDARY PLAN
THAT Report PSD- 155 -04 be tabled to the Council Meeting scheduled for
December 13, 2004.
Report #1 - 4 - December 13, 2004
10. DURHAM BIOSOLIDS MASTER PLAN STUDY
THAT Report PSD- 157 -04 be received;
THAT Council endorse the preferred strategies for managing biosolids and
septage in Durham Region as outlined in the Durham Biosolids Master Plan;
and
THAT the Durham Region Works Department be notified of Council's decision.
11. APPLICATION FOR REMOVAL OF HOLDING SYMBOL
APPLICANT: 1419345 ONTARIO LIMITED
THAT Report PSD- 158 -04 be received;
THAT the application submitted by John Annis, on behalf of 1419345 Ontario
Limited, to remove the Holding (H) symbol be approved and that the By -law
attached to Report PSD- 158 -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- 158 -04 and any delegations
be advised of Council's decision.
12. APPLICATION FOR PROVISIONAL CERTIFICATE OF APPROVAL
FOR A WASTE PROCESSING BUILDING
APPLICANT: DETOX ENVIRONMENTAL LIMITED
THAT Report PSD- 159 -04 be received;
THAT the Ministry of Environment be advised that the proposed waste
disposal building conforms to the Clarington Official Plan and the Zoning By-
law; and
THAT all interested parties listed in Report PSD- 159 -04 and any delegations
be advised of Council's decision.
13. DURHAM REGIONAL OFFICIAL PLAN REVIEW
PHASE 2 RESPONSES TO SUBMISSIONS, OCTOBER 2004
RECOMMENDED DIRECTIONS, OCTOBER 2004
THAT Report PSD- 161 -04 be received;
THAT Report PSD- 161 -04 be endorsed as the Municipality of Clarington's
comments on the Region of Durham's Official Plan Review Recommended
Directions Report; and
THAT a copy of PSD- 161 -04 and Council's decision be forwarded to the
Region of Durham, to Durham area municipalities and any delegation.
Report #1 - 5 - December 13, 2004
14. SIGN BY -LAW MINOR VARIANCE APPLICATION TO PERMIT A HIGHER
AND LARGER PYLON SIGN
APPLICANT: 762224 ONTARIO LIMITED
THAT Report PSD- 162 -04 be received;
THAT the application for a minor variance to the Municipality of Clarington
Sign By -law 97 -157, as amended, submitted by Harry Schillings behalf of
762224 Ontario Limited to permit a pylon sign with a height of 9.0 metres and
a sign area 9.93 sq.m. be approved; and
THAT all interested parties listed in Report PSD- 162 -04 and any delegations
be advised of Council's decision.
15. STATION STREET RECONSTRUCTION
THAT Report EGD -57 -04 be received;
THAT Staff proceed to finalize the detail design of the project to meet an early
2005 construction start and include Rowe Street, Princess Street, Church
Street and Station Street North in the Municipal Asphalt Overlay Program for
2005; and
THAT all those who attended the Public Information Centre and who have
contacted the Municipality be informed of Report EGD- 57 -04.
16. PROSPECT STREET BRIDGE
THAT Report EGD -58 -04 be received;
THAT Staff confirm with Canadian Pacific Railway (CPR) the requirements for
inclusion of a decorative steel handrail as part of the rehabilitation work to be
performed on the Prospect Street bridge; and
THAT all those who attended the Public Information Centre and who have
contacted the Municipality be informed of Report EGD- 58 -04.
17. ANIMAL SERVICES QUARTERLY REPORT —JULY —SEPTEMBER, 2004
THAT Report CLD -36 -04 be received; and
THAT a copy of Report CLD -36 -04 be forwarded to the Animal Alliance of
Canada and the Animal Advisory Committee.
Report #1 - 6 - December 13, 2004
18. PROVISION OF SERVICES: CIVIL MARRIAGES
THAT Report CLD -37 -04 be received;
THAT the Municipality of Clarington offer public civil marriage services in the
Municipal Administrative Centre Monday to Friday;
THAT the fee for the civil marriage service be set at $250.00;
THAT the service be monitored for a six -month period with a further report to
be submitted to Council in June 2005; and
THAT the by -law attached to Report CLD -37 -04 as Schedule "A" be forwarded
to Council for passage.
19. TAXI CAB BY -LAW — EMERGENCY DISTRESS LIGHTS
THAT Report CLD -38 -04 be received;
THAT the taxi by -law included as Schedule "A" to Report CLD -38 -04 be
forwarded to Council for passage; and
THAT all interested parties be advised of Council's action.
20. CONFIDENTIAL REPORT COD -61 -04
THAT the recommendations contained in Confidential Report COD - 061 -04 be
approved.
21. TENDER NO. T329 -2004 CO- OPERATIVE TENDER FOR STATIONERY
SUPPLIES AND PRINTER TONER CARTRIDGES
THAT Report COD - 063 -04 be received;
THAT Lyreco Office Products, Scarborough, Ontario with a total bid in an
approximate amount of $82,300.00 per year (plus GST and PST) for the
Municipality of Clarington, being the lowest responsible bidder meeting all
terms, conditions, and specifications for Parts A and B of Co -op Tender
T329 -2004, be awarded the contract to supply stationery and printer toner
products for a THREE year term to expire December 31, 2007, as required by
the Municipality of Clarington;
THAT staff be authorized to extend the contract for up to an additional two
years pending satisfactory pricing, service and agreement by the Durham
Purchasing Co- operative; and
THAT the funds be provided from the departmental operating accounts during
the term of the agreement.
Report #1 - 7 - December 13, 2004
22. SINGLE STREAM REMUNERATION AGREEMENT WITH REGION OF
DURHAM
THAT Report COD - 065 -04 be received:
THAT the Mayor and Clerk be authorized to execute the agreement,
substantially in the form of Attachment #1 to Report COD - 065 -04, with the
Region of Durham, for the provision of remuneration by the Municipality of
Clarington for Regional Council duties;
THAT the appropriate by -law be forwarded to Council for approval; and
THAT the Region of Durham be notified of Council's decision and provided
with a copy of the by -law.
23. RFP2004 -16
OUTDOOR RECREATION FACILITIES STUDY
THAT Report COD - 066 -04 be received;
THAT Monteith Brown Planning Consultants, London, Ontario with a total bid
in the amount of $37,372.50 (including disbursements plus G.S.T.), being the
lowest most responsive bidder meeting all terms, conditions and
specifications of Request for Proposal RFP2004 -16 be awarded the contract
for the Consulting Services for the Outdoor Recreation Facilities Study as
required by the Engineering Department;
THAT the funds be drawn from Account #110 -32- 325 - 83256 -7401; and
THAT the by -law attached to Report COD - 066 -04 marked Schedule "A"
authorizing the Mayor and Clerk to execute the necessary agreement be
approved.
24. TENDER CL2004 -38 SUPPLY AND INSTALLATION OF 150'
COMMUNICATION TOWER FOR NEW FIRE HALL - 2611 TRULLS
ROAD, COURTICE
THAT Report COD - 067 -04 be received;
THAT Integra Data Systems Corporation of Markham, Ontario with a total bid
in the amount of $59,875 (plus G.S.T.), being the lowest responsible bidder
meeting all terms, conditions and specifications of Tender CL2004 -38, be
awarded the contract for the supply and installation of a 150' Communication
Tower as required by the Corporate Services Department for the new Firehall
in Courtice; and
THAT the total funds required in the amount of $64,066.25 be drawn from
Information Technology Equipment Purchase Account 100-16- 162- 00000-
7505.
Report #1 - 8 - December 13, 2004
25. CASH ACTIVITY — THIRD QUARTER OF 2004
THAT Report FND- 026 -04 be received;
THAT in accordance with provision of Chapter 25, Section 286 of the
Municipal Act, S.O. 2001, the Treasurer reports the cash position of the
Municipality of Clarington for the third quarter of the year 2004, as shown on
the schedule attached to Report FND- 026 -04; and
THAT Part "A" of the expenditures for the third quarter of the year be
confirmed.
26. ADDENDUM TO PSD- 138 -04
REZONING AND PLAN OF SUBDIVISION TO PERMIT A 39 UNIT
RESIDENTIAL DEVELOPMENT
VELTRI AND SON LIMITED
THAT Report PSD- 138 -04 be lifted from the table;
THAT Report PSD- 138 -04 and Addendum to Report PSD- 138 -04 be received;
THAT the application for proposed Draft Plan of Subdivision 18T- 89048, as
amended and submitted by Sernas Associates on behalf of Veltri and Son
Limited (Newtonville Estates) be approved and that the Director of Planning
Services be authorized to issue Draft Approval, subject to the conditions as
contained in Attachment 2 to Report PSD- 138 -04;
THAT the application to amend Zoning By -law 84 -63, be approved and that the
amending by -law, as per Attachment 3 to the Addendum to PSD- 138 -04 be
forwarded to Council for approval;
THAT a by -law to remove the "Holding (H)" symbol be forwarded to Council at
such time that all the conditions for the related plan of subdivision have been
fulfilled;
THAT the Mayor and Clerk be authorized by By -law, to execute a Subdivision
Agreement between the Owner and the Municipality of Clarington and at such
time as the agreement has been finalized to the satisfaction of the Directors of
Engineering Services and Planning Services;
THAT a copy of the Addendum to Report PSD- 138 -04, Report PSD- 138 -04 and
Council's decision be forwarded to the Region of Durham Planning Department;
and
THAT all interested parties and any delegations be advised of Council's
decision.
Report #1 - 9 - December 13, 2004
27. COUNCIL — 4 YEAR TERM
WHEREAS the legislation of the Provinces of Nova Scotia, Newfoundland/
Labrador, New Brunswick and Quebec provides for a four -year term for
municipal councils;
AND WHEREAS the position of municipal councillor is becoming more
complicated, thereby requiring a longer learning period for new councillors;
AND WHEREAS municipal elections are becoming increasingly expensive to
administer;
AND WHEREAS Provincial elections are held every four years:
NOW THEREFORE BE IT RESOLVED that the Council of the Municipality of
Clarington petition the Province of Ontario to amend the Municipal Elections
Act to provide for a four -year term of office for municipal council members;
THAT the four -year term not conflict with the terms of the Provincial members
of parliament;
THAT this resolution be forwarded to all municipalities within the Province of
Ontario, to the Association of Municipalities of Ontario, and to the Association
of Municipal Managers, Clerks and Treasurers of Ontario for endorsement;
and
THAT a copy of this resolution be forwarded to The Honourable Dalton
McGuinty, Premier of Ontario, The Honourable John Gerretsen, Minister of
Municipal Affairs and Housing and to John O'Toole, MPP.
28. PROPOSED PLAN OF SUBDIVISION AND ZONING BY -LAW
AMENDMENT
APPLICANT: WEST DIAMOND PROPERTIES INC. AND PLAYERS
BUSINESS PARK LTD.
THAT Report PSD- 151 -04 be received;
THAT the application for proposed Plan of Subdivision S -C- 2004 -004 and
Zoning By -law Amendment'ZBA 2004 -049 submitted by West Diamond
Properties Inc. and Players Business Park Ltd. be referred back to staff for
further processing and the preparation of a Secondary Plan for Brookhill
Neighbourhood; and
THAT all interested parties listed in Report PSD- 151 -04 and any delegation be
advised of Council's decision.
SUMMARY OF CORRESPONDENCE
DECEMBER 13, 2004
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
1 - 1 John O'Toole, MPP, Durham, commending Clarington Emergency and
Fire Services for it professionalism in responding to the explosion and fire
near Port Darlington November 9, 2004. The loss of property is always
regrettable and our thoughts are with the business and property owners
affected by the incident. However, the community is indeed fortunate the
fire was brought under control promptly, and without loss of life or injury.
Clarington Council is to be congratulated for its leadership in having
outstanding firefighters and emergency response personnel, along with
emergency preparedness plans to address incidents such as this.
1 - 2 John O'Toole, MPP, Durham, submitting an excerpted copy of Hansard for
November 15, 2004. He is pleased to have had the opportunity to pay
tribute to those who responded to the recent propane explosion in
Clarington and kept the community safe.
1 - 3 John O'Toole, MPP, Durham, thanking Council for the copy of the
resolution regarding the amendments to the Ontario Society for the
Prevention of Cruelty to the Animals Act. He agrees Ontario's farmers
should not be faced with the added pressure of unwarranted complaints to
the society for the Prevention of Cruelty to Animals regarding the care of
livestock and has written the Honourable Steve Peters, Minister of
Agriculture and Food to ensure Clarington's position is on record.
1 - 4 Douglas Stevens, Pastor (Captain), The Salvation Army, Bowmanville
Community Church Ministries, thanking Mayor Mutton and Council for the
`On Street Parking Permit'.
1 - 5 Nicole Parsons, National Project Coordinator, Waste Reduction Week in
Canada, Recycling Council of Ontario, extending their appreciation for the
Municipality of Clarington's participation and support in "Waste Reduction
Week" in promoting waste reduction and the 3R's.
1 - 6 W. Donald Cousens, Mayor, Town of Markham, inviting the Municipality of
Clarington to join forces in kicking off the Mayors' Green Building
Challenge — an environmental initiative aimed at developing exceptional,
high performance and sustainable municipal facilities; building on the
success of the Mayors' Megawatt Challenge. The challenge will be
coordinated through The Living City program of Toronto and Region
Conservation Authority.
1 - 7 Minutes of the Clarington Agricultural Advisory Committee meeting dated
October 14, 2004. (Copy attached)
Summary of Correspondence - 2 - December 13, 2004
1 - 8 Minutes of the Central Lake Ontario Conservation Authority meeting dated
November 16, 2004. (Copy attached)
1 - 9 Minutes of the Clarington Traffic Management Advisory Committee
meeting dated October 21, 2004. (Copy attached)
I - 10 Ontario Power Generation Nuclear Report Card, Darlington providing
Council with the Third Quarter Report 2004. (Copy attached)
I - 11 Deb Shewfelt, Mayor, Town of Goderich, Chair, OMWA Board of
Directors, providing a copy of the OMWA Councillors Handbook 2004 -
Statutory Standard of Care. The handbook is intended to provide a basic
understanding of public water processes and administration practices.
1 - 12 Stephen Laird, Operations Technician II, The Regional Municipality of
Durham, submitting a copy of a memo regarding Bulky Goods Collection
Schedule Change — Clarington. Bulky collection is a `call -in service'.
Reporting will be completed on Friday, prior to collection week. The
schedule is a follows:
- Data Collection Start Date November 18, 2004
- First Deadline Date November 26, 2004
- New Collection Start Date November 30 - December 3, 2004
Collection will run on a weekly basis going forward on regular collection
days.
1- 13 Steve Shaw, Vice - President, Corporate Affairs & Communications,
Greater Toronto Airports Authority, submitting a copy of the Pickering
Airport Draft Plan Report regarding a potential airport on the Pickering
lands.
I - 14 M. Bredeson, Executive Correspondence Officer, Office of the Prime
Minister, acknowledging the municipality's correspondence regarding the
Municipality of Clarington's endorsement of the City of Oshawa's
resolution 'Project Beacon — General Motors of Canada Ltd.'. The views
expressed in the resolution have been carefully reviewed.
1- 15 Bev Billings, PHN, Member of Durham Lives! Food Wellness working
group, providing a copy of the first edition of the `Food Wellness — Your
Community Newsletter'. The newsletter has been forwarded to agencies
across the region that service clientele who have difficulty accessing
sufficient, nutritious food.
I - 16 Ontario Property and Environmental Rights Alliance, submitting a copy of
the Greenbelt Background Discussion Paper outlining the following issues
and concerns:
dedicated Greenbelt supporters have no personal financial investment
or legal title;
Summary of Correspondence - 3 -
December 13, 2004
- owners or rural lands targeted are seldom mentioned and rights never
acknowledged;
- legislation denies landowner compensation for entire or partial "takings"
of private property;
- manipulation of property values represents a massive re- distribution of
wealth and shrinks the tax base of rural municipalities in the area; and
- legislation provides no cost /benefit analysis.
1 - 17 Tim Hudak, M.P.P., Erie - Lincoln, addressing Council regarding the
December 16, 2004 upcoming vote on the legislation in regards to the
proposed Greenbelt Act. Mr. Hudak is requesting the deadline to be
extended to allow for consultations and to send the Greenbelt legislation
to an all -party Legislative Committee in 2005 for a proper and thorough
review of the Greenbelt.
1- 18 Brian Lemon, CEO of Lakeridge Health Corporation, announcing a parking
fee increase adding $450,000 to the Parking Revenue and Corporate
Planning and Administrative reductions — creating $450,000 reduction to
continue to lower the deficit.
1 - 19 Hume Martin, President & CEO, Rouge Valley Health System, and Brian
Lemon, CEO of Lakeridge Health Corporation, advising that on
November 18, 2004 CEOs from all the hospital were provided with the
results of information gathered in regards to the Business Office
Transformation Project — a project involving 18 east GTA and downtown
hospitals looking at the feasibility of consolidating non - clinical support
services. As a result, 16 of the hospitals have agreed to form a not -for-
profit shared services company — Hospital Business Services to determine
how to transition hospitals from their current set -up to the new company.
I - 20 Luc Bourdon, Director General, Rail Safety, addressing a request
submitted by the Municipal Clerk in regards to the speed of trains.
Mr. Bourdon advises that the Canadian Transport Commission Order No.
R -31780 Section 3, dated January 23, 1981, states:
"If a train transporting any commodity regulated under the Red
Book:
a) passes through a centre or population containing 500 or more
people in proximity to the track, and
b) the track through such centre of population does not have hot
box and dragging equipment detectors installed at least every
20 miles,
the train shall not exceed twenty -five miles per hour while passing
through the centre of population."
The CN Kingston Subdivision. has hot box and dragging equipment
detectors at mile 278.5 and 290.5 between Port Hope and Oshawa. The
freight train speed varies from 40 to 60 miles per hour and passenger train
Summary of Correspondence - 4 - December 13, 2004
speed varies from 90 — 95 miles per hour. The CP Belleville Subdivision
has hot box and dragging equipment detectors at mile 147 and 164.5
between Port Hope and Oshawa. The freight train speed varies from 45 —
60 miles per hour and the passenger train speed is 60 miles per hour.
Since hot box detectors have been installed on both CN and CP tracks in
accordance with Order No. R- 31789, speed restrictions are not required.
I - 21 August and Joanne Geisberger, submitting a copy of correspondence to
the Ministry of Municipal Affairs and Housing stating their concerns in
regards to the Greenbelt Act.
1-22 Frank Hoar, Newcastle -Bond Head Ratepayers Association, advising that
at a meeting held on November 15, 2004 a motion was passed opposing
the use of expropriation of any lakefront lands in the Village of Newcastle,
for parkland purposes. As suggested in prior years, a viable alternative
would be the current vacant lands on the west side of Graham Creek
which is uninhabited, without structure and already owned by the
Municipality.
1- 23 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising
that at a meeting held on December 1, 2004 their Council passed the
following resolution regarding the 2004 Building Permit Activity Review
(2004- P -88):
"a) THAT Report #2004 -P -88 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2004 -P -88 of the Commissioner of
Planning be forwarded to the area municipalities."
1-24 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising
that at a meeting held on December 1, 2004 their Council passed the
following resolution regarding the Brownfield Regulation and Revisions to
the Region's Framework for Assessing Site Contamination (2004- P -84):
"a) THAT the revised `Framework for Assessing the Potential for Site
Contamination and Requirements for Remediation in Site -
Specific Planning Applications' shown as Attachment 1 to Report
#2004 -P -84 of the Commissioner of Planning be endorsed; and
b) THAT a copy of Report #2004 -P -84 of the Commissioner of
Planning be forwarded to the area municipalities, the Urban
Development Institute — Durham Chapter, the Durham
Environmental Advisory Committee (DEAC) and the Ministry of
the Environment."
Summary of Correspondence - 5 - December 13, 2004
1-25 Mirka Januszkiewicz, Director of Waste Management Services, Regional
Municipality of Durham, advising that the Region has initiated a Planning
Study to conduct an Ontario Environmental Assessment (EA) to evaluate
alternative technologies for processing and disposal of residential residual
waste to maximize the recovery of recyclables and energy, while
minimizing the amount of material requiring landfill disposal.
1-26 Ian D. Macnab, CAMC Chair 2003/04, Conservation Authorities Moraine
Coalition, submitting a copy of a brochure detailing the efforts and
successes of 2003. The mission of CAMC is to advance the science for
understanding the Oak Ridges Moraine, leading to broad support for the
conservation and protection of the form, function and linkages of the
moraine.
1- 27 Martin de Rond, Director of Legislative & Information Services /Clerk, Town
of Ajax, writing to the Cpl. Fred Topham VC Fundraising Project, advising
that at a meeting held on November 22, 2004, their Council passed the
following resolution regarding the Victoria Cross:
"WHEREAS the Victoria Cross, Canada's highest military
decoration, was awarded to Corporal Fred Topham for valour who
ran into enemy fire to save the lives of dozens of wounded soldiers
in Germany on March 24, 1945 during the Second World War; and
WHEREAS Fred Topham died in 1974 and his widow died in 2001;
and
WHEREAS the estate put the medal on the market and received an
offer of $319,000 from a collector in England; and
WHEREAS the estate has agreed to sell the medal to the 1St
Canadian Parachute Battalion Association if it can raise $275,000
by December 31, 2004; and
WHEREAS the 1St Canadian Parachute Battalion Association plans
to donate the medal to the Canadian War Museum that now holds
26 of the 94 Victoria Crosses awarded to Canadians;
NOW THEREFORE the Council of the Corporation of the Town of
Ajax hereby authorizes a grant in the amount of $1,000.00 to be
made to the 1St Canadian Parachute Battalion Museum Trust for the
sole purpose of acquiring the Fred Topham Victoria Cross."
Summary of Correspondence - 6 - December 13, 2004
I - 28 Association of Municipalities of Ontario, advising that at a meeting held on
November 26, 2004, their Board of Directors passed the following
resolution regarding Community Reinvestment Fund (CRF) Reconciliation:
"WHEREAS on December 19, 2003, Finance Minister Greg Sorbara
and Municipal Affairs and Housing Minister John Gerretsen wrote to
Heads of Council regarding the Community Reinvestment Fund
(CRF) providing information about 2004 allocations and signaling
potential constraint for 2005; and
WHEREAS subsequently, on December 22, 2003, their Deputy
Ministers signed a joint letter to municipal Treasurers providing
additional details and stating, that the government "cannot commit in
advance to a Fall reconciliation" (for the 2003 CRF); and
WHEREAS current provincial /municipal cost sharing arrangements
and service responsibilities have undermined the financial
sustainability of Ontario's municipalities; and
WHEREAS requirements for municipalities to subsidize provincial
income redistribution and provincial health care programs have
contributed to Ontario's property tax payers paying the highest
property taxes in Canada; and
WHEREAS the Community Reinvestment Fund (CRF) was
established in 1998 to partially mitigate the negative effects of the
government's Local Services Realignment (LSR) initiative; and
WHEREAS 403 municipalities receiving the CRF have not yet been
informed whether or not there will be a reconciliation of CRF funding
for the year 2003 in 2004; and
WHEREAS municipalities are finalizing their budgets for the year
2005; and
WHEREAS the government of Ontario is committed to building
strong communities;
THEREFORE BE IT RESOLVED THAT the Minister of Finance be
requested to work with AMO to undertake a thorough review of
provincial - municipal cost sharing and service responsibility
arrangements in 2005 with a view to addressing the fundamental
problems of the current provincial - municipal LSR -based system; and
FURTHER BE IT RESOLVED THAT CRF funding should be
provided at 2004 levels for 2005 with reconciliation at the end of
2005; and
Summary of Correspondence - 7 - December 13, 2004
FURTHER THAT AMO write to the Minister of Finance requesting
confirmation that the there will be a reconciliation of the 2003 CRF
before the end of 2004 and that 2004 CRF funding be reconciled in
Fall 2005.
CORRESPONDENCE FOR DIRECTION
D - 1 John Greenfield, Bowmanville Branch 178, Royal Canadian Legion,
stating the following concerns with the street signs named for veterans of
a World War:
street sign is erected by the developer and though named for a veteran
the poppy is left off the sign.
families of war veterans are pleased with the recognition of their
veterans, but when some signs are not correct, it is hard to explain why
this happens in the same community.
Mr. Greenfield thanks Bob Russell, Planning Services Department, for his
assistance in this program.
(Motion to refer correspondence to the
Director of Planning Services)
D - 2 Shari Rowan, Treasurer, Tyrone Community Centre, requesting an
interest -free loan in the amount of $2,000.00 to be repaid by
December 31, 2005. The funds will be used to expand "Tyrone Spirit
Day ".
(Motion to refer correspondence to the
Director of Finance /Treasurer)
D - 3 Rhonda Barkley, Liaison, Ontario Family Fishing Weekend Steering
Committee, requesting the weekend of Friday, July 8 through Sunday,
July 10, 2005 be proclaimed "Ontario Family Fishing Weekend ". The
Province of Ontario has proclaimed this weekend a licence -free fishing
weekend, in conjunction with National Fishing Week which includes fish
festivals, clinics, or conservation and educational activities.
(Motion to Proclaim)
D - 4 Jane Rowe, Clarington Museums & Archives Board, submitting her
resignation from the Clarington Museums and Archives Board due to
moving from the Municipality of Clarington. Although she has enjoyed the
past year on the Board, she has relocated and is no longer a resident of
the Municipality of Clarington.
(Motion to thank Ms. Rowe for her
participation on the Board and to refer
correspondence to the Municipal Clerk)
Summary of Correspondence - 8 - December 13, 2004
D - 5 J.D. Leach, City Clerk, City of Vaughan, advising that at a meeting held on
November 22, 2004, their Council passed the following resolution
regarding the Ontario Health Premium:
"WHEREAS the provincial government introduced the Ontario
Health Premium ( "OHP ") effective July 1, 2004
WHEREAS the Premier and the Minister of Finance have openly
expressed their view that the provincial government did not intend
that employers would be required to pay the OHP on behalf of
employees
WHEREAS the City of Vaughan may be financially impacted by an
interpretation in the legislation resulting in employers being
responsible for the cost.
NOW THEREFORE, the Council of the City of Vaughan hereby
request that the provincial government take the necessary steps to
enact an amendment to the legislation which clarifies the position of
the government that the introduction of the Ontario Health Premium
is intended as an increase to individual provincial income tax
And that a copy of this resolution be forwarded to Premier Dalton
McGuinty, Minister of Finance Greg Sorbara, local Provincial
Members of Parliament and municipalities over 50,000.
(Motion for Direction)
D - 6 Bruce Taylor, City Clerk, City of Pickering, advising that at a meeting held
on November 15, 2004, their Council passed the following resolution
regarding the Agreement for Annex 2001:
"WHEREAS the Council of Great Lakes Governors, a body that is
comprised of the Premiers of Ontario and Quebec and the
Governors of New York, Pennsylvania, Ohio, Indiana, Michigan,
Illinois, Wisconsin and Minnesota, have as their Mission Statement
that through the Council, Governors work collectively to ensure that
the entire Great Lakes region is both economically sound and
environmentally conscious in addressing today's problems and
tomorrow's challenges; and
WHEREAS the Council of Great Lakes Governors has produced a
draft report entitles "Agreement for Annex 2001" which has the goal
of protecting and restoring the Great Lakes; and
WHEREAS many experts, including environmentalists, Native
Leaders and elected people who believe that this Agreement will
not protect the Great Lakes; and
Summary of Correspondence - 9 - December 13, 2004
WHEREAS there has been a significant decrease in water levels
that have impacted on commercial and recreational boat traffic and
the ecological system of the Great Lakes which impacts on the lives
of 40 million people; and
WHEREAS any diversion of water from the Great lakes basin will
have a continued negative effect on the Great Lakes; and
WHEREAS the Agreement for Annex 2001 is structured so that the
power to make decisions over water withdrawals to the United
States will lie with the Governors of the States only and not with the
inclusion of the Premiers of the two Provinces;
NOW THEREFORE the Council of the Corporation of the City of
Pickering hereby resolves that:
1. The Prime Minister of Canada and the Premier of Ontario be
requested to advocate that diversion of Great Lakes' waters not
be allowed under the Agreement for Annex 2001
2. That the Council of Great Lakes Governors be requested to
strengthen the Agreement for Annex 2001 on the ability to divert
any water from the Great Lakes.
3. The present provision which allows the American States to
overrule the Provinces of Ontario and Quebec be rejected and
that a consensus of all parties on the Council of Great Lakes
Governors be required before any water is allowed to be
diverted.
AND FURTHER THAT copies of this resolution be forwarded to:
• The Honourable Stephane Dion, Federal Minister of the
Environment
The Honourable Ruben John
Natural Resources
The Honourable Geoff Regan
and Oceans
Efford, Federal Minister of
Federal Minister of Fisheries
• The Honourable Leona Dombrowsky, Provincial Minister of the
Environment
• The Honourable David Ramsey, Provincial Minister of Natural
Resources
• Mark Holland, MP, Ajax- Pickering
• Dan McTeague, MP, Pickering- Scarborough East
-Wayne Arthurs, MPP, Pickering- Ajax- Uxbridge
• International Joint Commission
-Mayor Mike Bradley, City of Sarnia
-Ontario lakeshore municipalities
-Association of Municipalities of Ontario"
(Motion for Direction)
REVISED SUMMARY OF BY -LAWS
DECEMBER 13, 2004
BY -LAWS
2004 -248 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle
(Veltri and Son Ltd.) (Item #26 of Report #1)
2004 -249 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle
(Doug Farrow) (Item #3 of Report #1)
2004 -250 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the Municipality of Clarington
(Aspen Springs Limited) (Item #6 of Report #1)
2004 -251 being a by -law to authorize the execution of the New Memorandum of
Understanding between the Corporation of the Municipality of
Clarington and the Valleys 2000 (Bowmanville) Inc. (Item #8 of
Report #1)
2004 -252 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the Municipality of Clarington
(1419345 Ontario Ltd.) (Item #11 of Report #1)
2004 -253 being a by -law to provide for Civil Marriage Services to be Offered by
the Municipality of Clarington (Item #18 of Report #1)
2004 -254 being a by -law to licence, regulate and govern taxi and limousine
business in the Municipality of Clarington and to repeal By -law 74 -72
and its amendments (Item #19 of Report #1)
2004 -255 being a by -law to authorize the execution of a contract between the
Corporation of the Municipality of Clarington and the Region of Durham
for the provision of services under an agreement for Single Stream
Remuneration for Regional Council duties, for the Mayor and Members
of Regional Council (Item #22 of Report #1)
2004 -256 being a by -law to authorize the execution of a contract between the
Corporation of the Municipality of Clarington and the Monteith Brown
Planning Consultants Ltd., London, Ontario, to enter into an agreement
for the Outdoor Recreation Facilities Study (Item #23 of Report #1)
BY -LAWS
2004 -257 being a by -law to recognize and adopt as policy for the Municipality of
Clarington Corporate Policy Al, Staffing and Recruiting, and to adhere
to its conditions and precepts as set out when hiring employees for the
Municipality (Report #2)
2004 -258 being a by -law to adopt Amendment No. 39 to the Clarington Official
Plan (Unfinished Business)
2004 -259 being a by -law to amend By -law 2001 -125, a by -law to appoint
Department Heads
2004 -260 being a by -law to amend By -law 91 -58, as amended, being a By -law to
Regulate Traffic on Highways, Municipal and Private Property in the
Municipality of Clarington (Approved by Council October 12, 2004)
2004 -261 Confidential Property Matter (Confidential Report PSD- 164 -04)
2004 -262 Confidential Personnel Matter (Confidential Report ADM- 10 -04)
2004 -263 Confidential Personnel Matter (Confidential Report ADM- 11 -04)
2004 -264 Confidential Personnel Matter (Confidential Report ADM- 11 -04)