HomeMy WebLinkAbout11/25/2002i
Leading the Way
DATE: MONDAY, NOVEMBER 25, 2002
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
• ,T _yl:a
ROLL CALL
DISCLOSURES OF PECUNIARY INTEREST
MINUTES OF PREVIOUS MEETING
Minutes of a meeting of Council held on November 12, 2002
DELEGATIONS
1. Grant Bradley, President, Local 3139, 26 Worthington Drive, Courtice,
L1 E 3A4 - Firefighter Memorial in New York City
2. Eric Jelinski, 2 Waverley Road, Bowmanville, L1 C 1 K7 - Report
CLD -47 -02
3. Sheldon James Forbes, 7034 Liberty Street North, Bowmanville, L1 C 3K6
- Confidential Report CLD- 056 -02
COMMUNICATIONS
Receive for Information
1- 1 Federation of Canadian Municipalities - Budget Recommendations
1 - 2 Ontario Power Generation -Nuclear Waste Management Organization
Advisory Council
1 - 3 Ontario Power Generation - Nuclear Report Card for the Darlington Site
I - 4 Office of the Premier - Lower Hydro Bills
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379
Council Agenda - 2 - November 25, 2002
1 - 5 Minutes of the Village of Tyrone and surroundings Community Centre
Meeting
1 - 6 Sandra Kranc, City Clerk, City of Oshawa - Federal Electoral Boundaries
1 - 7 Minutes of the Local Architectural Conservation Advisory Committee
Meeting
1 - 8 K.R. Malcolmson, General Manager and CEO, Greater Oshawa Chamber
of Commerce - Federal Electoral Boundaries
1 - 9 Barry McKay, General Manager, Pub and Bar Coalition of Canada -
Action on Tobacco
I - 10 Minutes of the Newcastle Community Hall Board Meeting
I - 11 Janet Ecker, MPP, Pickering- Ajax- Uxbridge - Cost of Electricity
I - 12 Bill Humber, Chair, Old Bowmanville Neighbourhood Association - Central
Public School
I - 13 Ron Dabor - Funding of Iter
I - 14 Canadian Water and Wastewater Association - Water and Wastewater
Sector
I - 15 City of Oshawa - Regional Headquarters
I - 16 Federation of Canadian Municipalities - CRTC Decision 2001 - 23
I - 17 Peter Brown, Director, Uranium and Radioactive Waste Division, Natural
Resources Canada - Nuclear Energy Agency - Forum for Stakeholder
Confidence
1 - 18 Minutes of the Clarington Agricultural Advisory Committee Meeting
I - 19 Murray Stewart, President and CEO, Iter Canada - Fusion Energy
Conference
I - 20 Isabelle Jones, Director, The Salvation Army - Thank You Letter
Receive for Direction
D - 1 P.M. Madill, Regional Clerk, Region of Durham - Regional Smoking
By -law
Council Agenda - 3 - November 25, 2002
D - 2 P.M. Madill, Regional Clerk, Region of Durham - Draft Stage 1 Nutrient
Management Regulations
D - 3 Ministry of Municipal Affairs and Housing- Brownfields Statute Law
Amendment Act, 2001
D - 4 W.G. Paterson and John E. Waters - Highway 407
D - 5 Lynn Morrison, "Group of Seven" Bed and Breakfasts - Bed and Breakfast
Tour
D - 6 Sue Conick, Committee Clerk, the Corporation of the City of Burlington -
Additional Signs on all 400 Series Highway
D - 7 Ron Dabor - Iter
D - 8 Pip McGrath, Hospice Durham Volunteer - "Hospice Heart Lights"
D - 9 David Suzuki - Kyoto Protocol
ZA rel I •
NOTICE OF MOTION
REPORTS
1. General Purpose and Administration Committee Report of
November 18, 2002 (Tabled to Council at the General Purpose and
Administration Committee Meeting of November 18, 2002)
2. Report CLD -47 -02 - Order to Restrain - Jelinski
3. Confidential Report CLD- 056 -02 - Personnel Matter
4. Confidential Verbal Report from the Solicitor - Legal Matter
UNFINISHED BUSINESS
1. Report EGD -49 -02 - Trail Opportunities
X11
Council Agenda - 4 - November 25, 2002
OTHER BUSINESS
BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL
ADJOURNMENT
SUMMARY OF CORRESPONDENCE
NOVEMBER 25, 2002
CORRESPONDENCE FOR INFORMATION
1 - 1 Federation of Canadian Municipalities, advising Council that the
Federation of Canadian Municipalities presented their budget
recommendations to the House of Commons Finance Committee. The
submission focuses on opportunities for the Government of Canada to
partner with the municipal sector in building sustainable and healthy
communications.
(Receive for Information)
1 - 2 Ontario Power Generation, advising Council that the Honourable David
Crombie has been named chair of the Nuclear Waste Management
Organization's (NWMO) Advisory Council.
(Receive for Information)
1 - 3 Ontario Power Generation, providing Council with the Nuclear Report
Card for the Darlington Site, third quarter 2002. (Copy attached)
(Receive for Information)
1 - 4 Office of the Premier, advising Council that the Premier took action to
lower hydro bills for consumers and businesses across the province. His
plan would, if passed by the Legislature, lower and freeze the price
consumers pay for power and retroactively refund consumers for price
increases. The immediate measures of this plan would be in place at
least until 2006 and would remain until there is a sufficient electricity
supply, at reasonable prices, to meet Ontario's long -term needs.
(Receive for Information)
1 - 5 Minutes of the Village of Tyrone and surroundings Community Centre
meeting dated October 23, 2002. (Copy attached)
(Receive for Information)
1 - 6 Sandra Kranc, City Clerk, City of Oshawa, advising Council that the City of
Oshawa on November 4, 2002, passed the following resolution:
"THAT the consensus position of the eight municipalities in Durham
Region be endorsed for presentation to the Federal Electoral
Boundaries Commission hearing on November 8, 2002, and that
Mayor Doug Moffatt make a co- ordinated presentation to the
Commission on behalf of all eight municipalities."
(Receive for Information)
1 - 7 Minutes of the Local Architectural Conservation Advisory Committee
meeting dated October 18, 2002. (Copy attached)
(Receive for Information)
Summary of Correspondence - 2 -
November 25, 2002
1 - 8 K.R. Malcolmson, General Manager and CEO, Greater Oshawa Chamber
of Commerce, writing to the Federal Electoral Boundaries Commission of
Ontario, advising that the Greater Oshawa Chamber of Commerce feels
strongly that for future Boundary restructuring the Commission should be
considering "that instead of increasing the number of seats in government,
the government increase the population base for which each seat serves,
such that there is no increase in the number of seats ". Further, in
reviewing Mr. Alex Shepherd's proposal, the Chamber supports his
position that the Federal Electoral Boundary review currently underway
should allow for five Federal Ridings in Durham Region similar to the
recommendation from Mr. Shepherd. The Chamber feels it is vitally
important that where a division of communities is necessary, the
commission should strive to keep communities of interest intact.
(Receive for Information)
1 - 9 Barry McKay, General Manager, Pub and Bar Coalition of Canada
(PUBCO), advising Council of misinformation distributed by the Ontario
Campaign for action on tobacco. The PUBCO challenges the imposition
of 100% smoke bans, both in Ottawa and across the province, by
promoting ventilation as a workable solution and demonstrating the
economic damage 100% bans cause to their business. It took PUBCO's
freedom of information request to unearth the section of the poll
deliberately concealed by the Health Unit, in which 7 of 10 Ottawans
clearly voiced their support for a compromise solution.
(Receive for Information)
I - 10 Minutes of the Newcastle Community Hall Board meeting dated
October 15, 2002. (Copy attached)
(Receive for Information)
1- 11 Janet Ecker, MPP, Pickering- Ajax- Uxbridge, advising Council that she has
conveyed the municipality's concerns regarding the cost of electricity in
Ontario to the Premier and upon consideration of the feedback he
received it was decided that action must be taken. That is why Premier
Ernie Eves is moving forward on his pledge to provide relief to Ontario
energy consumers and protect all Ontarians by introducing an action plan
to lower hydro bills.
(Receive for Information)
1- 12 Bill Humber, Chair, Old Bowmanville Neighbourhood Association,
providing Council with a copy of the Old Bowmanville Association position
paper on the future of Central Public School.
(Receive for Information)
1 - 13 Ron Dabor, Cobourg, writing to Chris Stockwell, Minister of the
Environment, questioning why the provincial government is still funding
Iter. Iter is an experimental installation designed to produce nothing but
danger and radioactive waste. Waste which will be left in Ontario when
the structures are torn down and technology sent to Japan.
Summary of Correspondence - 3 -
November 25, 2002
With Hydro under attack, Iter will gobble up irreplaceable megawatts of
electric power while scientists fuss and tinker trying to achieve what 60
years and $100 billion did not achieve - marketable fusion. Iter
spokesmen have seduced local mayors with photo opportunities and
promising jobs and technology. Importing stale technology, risking
Canadian lives and funding a monument to indulgence, is not a concept
which wins the hearts of voters.
(Receive for Information)
1 - 14 Canadian Water and Wastewater Association (CWWA), advising Council
that the CWWA supports fair and open competition in the water and
wastewater sector. Broadening competition saves municipalities money
and helps to promote the development and use of new technologies.
Competition is the cornerstone of a healthy and vibrant economy.
(Receive for Information)
1 - 15 City of Oshawa, providing Council with a copy of a poll seeking residents'
opinions on the expenditure of the new Regional headquarters. A new
Regional headquarters will significantly increase property taxes while
providing residents with no additional services or benefits. Oshawa City
Council does not support a new Regional headquarters, regardless of
location. Beyond the cost of this major expenditure, the decision will have
a significant negative economic impact if regional jobs located in Oshawa
are moved to one headquarters location.
(Receive for Information)
1 - 16 Federation of Canadian Municipalities (FCM), advising Council that the
Federation of Canadian Municipalities and five municipal governments will
make appeal arguments regarding CRTC Decision 2001 - 23 in Federal
Court. The January 2001 CRTC ruling denied municipal government the
full authority to manage their public lands or charge for their use and
occupation by telecommunications companies. A decision on their appeal
is expected sometime during 2003. Since Decision 2001 -23 was issued in
January 2001, and with the assistance of their Telecommunications
Technical Sub - committee, FCM has been supporting the defense of
municipal rights -of -way across the country.
(Receive for Information)
1 - 17 Peter Brown, Director, Uranium and Radioactive Waste Division, Natural
Resources Canada, thanking Council for enabling Janice Szwarz to
represent the Municipality of Clarington at an informal lunch, hosted by
NRCan, for the Nuclear Energy Agency (NEA) - Forum for Stakeholder
Confidence (FSC). The FSC held its third National Workshop in Ottawa
from October 15 to 18, 2002. The objective of the Workshop was to
identify and examine key social concerns related to siting radioactive
waste, and how these concerns could be addressed, within the context of
the new Nuclear Fuel Waste Act and the recently initiated Port Hope Area
Initiative.
Summary of Correspondence - 4 - November 25, 2002
Mr. Brown would like to extend his thanks to the Municipality of Clarington,
in particular Janice Szwarz, for contributing to the success of the FSC Port
Hope area visit.
(Receive for Information)
1 - 18 Minutes of the Clarington Agricultural Advisory Committee meeting dated
October 2, 2002. (Copy attached)
(Receive for Information)
I - 19 Murray Stewart, President and CEO, Iter Canada, thanking Council for
their tremendous support and participation at the 19th IAEA Fusion Energy
Conference in Lyon. The conference was a great success for Iter
Canada. As the Negotiations progress, it will be even more critical to have
the strong support of the community and its leaders.
(Receive for Information)
1-20 Isabelle Jones, Director, The Salvation Army, thanking Council for their
support of The Salvation Army Christmas Appeal. Thanks to the kindness
of good friends, The Salvation Army meets human needs at its deepest.
Feeding the hungry, providing clothes and sheltering the homeless is how
they keep desperate people alive today, and tomorrow they can help them
find real solutions to their problems.
(Receive for Information)
CORRESPONDENCE FOR DIRECTION
D - 1 P.M. Madill, Regional Clerk, Region of Durham, advising Council that on
November 13, 2002, Regional Council referred back the following
recommendations to the Area Municipalities for further input with a report
back to Regional Council by February 2003:
"a) THAT the draft Regional smoking by -law, attached as
Appendix D to Report #2002 - MOH -40 of the Commissioner
& Medical Officer of Health, be approved;
b) THAT Ontario's Ministers of Health and Long Term Care and
Labour, Durham Region's MPs, MPPs and local area
municipal Councils be so advised; and
c) THAT the local area municipal Councils and their staff be
thanked for their cooperation and assistance in considering
and responding to the Regional Smoking By -law report
dated September 2002."
(Motion to refer correspondence to the
Municipal Clerk's Department)
Summary of Correspondence - 5 - November 25, 2002
D - 2 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
Region of Durham on November 13, 2002, passed the following
resolution:
"a) THAT Commissioner's Report No. 2002 -P -83 be endorsed
as the Region's comments on the Draft Stage 1 Nutrient
Management Regulations; and
b) THAT a copy of Commissioner's Report No. 2002 -P -83 be
forwarded to the Ministry of Agriculture and Food, Durham
MPPs, Area Municipalities in Durham, the Durham
Agricultural Advisory Committee, the Durham Environmental
Advisory Committee, and the Durham Region Federation of
Agriculture."
(Motion to refer correspondence to the
Director of Planning Services and to the
Clarington Agricultural Advisory
Committee)
D - 3 Ministry of Municipal Affairs and Housing, advising Council that effective
December 1, 2002, sections of the Brownfields Statute Law Amendment
Act, 2001 and two related regulations will come into force. Other
provisions coming into force on December 1, 2002, include changes to the
Planning Act and Municipal Tax Sales Act to:
Give municipalities greater flexibility in designating community
improvement project areas and in preparing community
improvement plans to facilitate the cleanup and redevelopment of
brownfields;
Eliminate the need for minister's approval of community
improvement plans not involving financial assistance to businesses;
and
Allow municipalities to decide to take ownership of land after a
failed tax sale and to enter land that is the subject of a failed tax
sale to conduct an environmental assessment.
(Motion to refer correspondence to the
Director of Planning Services and to the
Director of Finance/Treasurer)
D - 4 W.G. Paterson and John E. Waters, requesting Council to consider the
following two processes regarding the proposed Highway 407:
1. Explore the merits of hiring a Transportation Consultant; and
2. Consider striking a Community Stakeholders Advisory Committee.
Summary of Correspondence - 6 -
November 25, 2002
They are requesting that Council consult with the City of Burlington at both
the political and staff levels to gain a better understanding of the potential
benefits of both. It is critically important to identify problems and issues
impacting Clarington early in the process.
(Motion to refer correspondence to the
Director of Planning Services)
D - 5 Lynn Morrison, on behalf of the "Group of Seven" Bed and Breakfasts,
requesting Council to print 5000 copies of their flyer. They will be hosting
a very interesting tour on June 4, 2003. It will feature beautiful gardens,
local arts and artisans, and English Tea Room, horse and wagon rides,
local musicians, zoo animals, etc. They would like to distribute the flyers
across Southern Ontario thereby greatly. increasing the attendance to this
event and contributing on a grand scale to tourism in general in
Clarington.
(Motion for Direction - Note that the
policy allows for 2500 sheets on white
paper, 2000 sheets on coloured paper
for non - profit organizations)
D - 6 Sue Conick, Committee Clerk, the Corporation of the City of Burlington,
advising that the City of Burlington on October 21, 2002, passed the
following resolution:
"WHEREAS proper road and ramp signage is important and must
be continuous so that any motorist requiring assistance is able to
recognize an easily identified visual marker; and
WHEREAS the 400 series highways and the entry /exit ramps that
connect them are poorly signed, so that in the event of a
mechanical failure or vehicle accident, emergency personnel are
experiencing increased inability to accurately locate a motorist in
need of assistance;
NOW THEREFORE BE IT RESOLVED THAT Council hereby
requests the Honourable Norman W. Sterling, Minister of
Transportation, to provide additional signs on all 400 series
highways, in the interest of public safety; and
THAT the City Clerk be directed to circulate a copy of the
aforementioned resolution and copy of Burlington Fire Department
Report BFD -9/02, dated August 30, 2002, to the Association of
Municipalities of Ontario and all municipalities that have 400 series
highways running through their communities asking for their
support in petitioning the Ministry of Transportation."
(Motion for Direction)
Summary of Correspondence - 7 - November 25, 2002
D - 7 Ron Dabor, Cobourg, requesting Council to answer the following
questions regarding Iter:
By the best estimates there is a shortfall of $3 - $4 billion in the $12
billion Iter estimate; the province has limited their commitments to
$10 million a year for 30 years if Iter comes to Clarington. The US
and the Canadian federal government will not participate in funding,
where is this money coming from? As the host country, does the
shortfall legally fall on Clarington's taxpayers? The Canadian
Nuclear Safety Commission has no mandate to determine if these
funds are available, they can only assume funds will be there to
meet their safety standards.
2. Fusion (Iter) is riskier and more complex than fission. Pickering
and Darlington (fission) have racked up over 40 safety problems
and refurbishing costs in the $billions.
3. When the Iter structures are torn down and the technology given to
Japan, what districts will receive the gift of radioactive fuel and
debris?
(Motion for Direction)
D - 8 Pip McGrath, Hospice Durham Volunteer, providing Council with a copy of
the Fall edition of "Hospice Heart Lights ". Mr. McGrath is asking that
Clarington act as her advocate and reiterate her message to The
Honourable Tony Clement regarding the allocation of funds to Hospice
Durham.
(Motion for Direction)
D - 9 David Suzuki, requesting Council to play an active part in ensuring that
Canada adopts Kyoto now. Clarington Council is one of more than 200
across Canada that have passed resolutions in support of Canadian
adoption of the Kyoto Protocol. This positive support from local councils,
plus the vigorous support of the Federation of Canadian Municipalities,
has helped persuade the federal government to move ahead on Kyoto
before year -end. He is requesting that Clarington contact the Prime
Minister and our members of parliament to confirm our support for the
early ratification of the Protocol.
(Motion for Direction)
SUMMARY OF BY -LAWS
NOVEMBER 25, 2002
Z
2002 -187 being a by -law to authorize a contact between the Corporation of
the Municipality of Clarington and Futuresign Multimedia Displays
Inc., Aurora, Ontario, in respect of the Marketing, Sale of Space
and Production of Rink Board Signs for the Garnet B. Rickard
Complex, Darlington Arena and South Courtice Arena (Item 2a of
Report #1)
2002 -188 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and IER Planning, Research and
Management Services, Concord, Ontario, to enter into agreement
for the Ontario Power Generation Inc., Used Dry Fuel Storage
Facility, Environmental Assessment (Item 2b of Report #1)
2002 -189 being a by -law to amend By -law 84 -63, the Comprehensive By -law
for the Corporation of the Municipality of Clarington
(Marlene Spruyt) (Item #3 of Report #1)
2002 -190 being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle
(Lakeland Associates Ltd.) (Item #5 of Report #1)
2002 -191 being a by -law to appoint individuals as Parking Enforcement
Officers for Private Property and to repeal By -law 94 -106 (Item #14
of Report #1)
2002 -192 being a by -law to appoint an individual as a Parking Enforcement
Officer for Private Property (Item #14 of Report #1)
2002 -193 being a by -law to appoint individuals as a Parking Enforcement
Officer (Item #15 of Report #1)
2002 -194 being a by -law to authorize a contract between the Corporation of
the Municipality of Clarington and AE Sharp Limited, Willowdale,
Ontario, to enter into agreement for Consulting Services for direct
purchase of Natural Gas for a two year term (Item #16 of
Report #1)
By -law Summary - 2, November 25, 2002
2002 -195 being a by -law to appoint an Auditor for the Corporation of the
Municipality of Clarington (Item #20 of Report #1)
2002 -196 Confidential Property Matter (Item #9 of Report #1)