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HomeMy WebLinkAbout10/25/2004Leading the Way DATE: MONDAY, OCTOBER 25, 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 October 12, 2004 PRESENTATION Senior of the Year Award — Murray Paterson DELEGATIONS COMMUNICATIONS Receive for Information 1- 1 Mary Tillcock, Run Organizer, on behalf of the Steering Committee of the Clarington Terry Fox Run — Thank You 1 - 2 Minutes of the Santa Claus Parade 1 - 3 Minutes of the Santa Claus Parade 1 - 4 Minutes of the Santa Claus Parade 1 - 5 Minutes of the Animal Advisory Committee 1 - 6 Minutes of the Clarington Agricultural Advisory Committee 1 - 7 Minutes of the Durham Nuclear Health Committee 1 - 8 Minutes of the Greater Toronto Transit Authority 1 - 9 Minutes of the Newcastle Community Hall Board CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Council Agenda - 2 - October 25, 2004 1 - 10 Minutes of the Local Architectural Conservation Advisory Committee I - 11 Minutes of the Ganaraska Region Conservation Authority 1 - 12 Samuel Wilmot Nature Area News— Fall 2004 1- 13 Stephen Kay, Chair, and Lynda Hessey, Executive Director, Durham Haliburton Kawartha & Pine Ridge District Health Council 2003 — 2004 Annual Report I - 14 Jim Murphy, Director, Government Relations, Greater Toronto Homebuilders' Association — Greater Toronto Home Builders' Association ", "Getting It Right — Response to `Places to Grow "', and "Turning Dirt into Gold" 1 - 15 Central Lake Ontario Conservation— Staff Appointments 1- 16 Stan Nieradka, Financial Secretary, CAW Durham Regional Environment Council — Invitation to the "Cancer Prevention Forum" I - 17 The Honourable Paul Martin, Prime Minister — Speech from the Throne 1 - 18 Rick Lea, Executive Director, Durham Region Local Training Board — "2004 Trends, Opportunities and Priorities Report" 1- 19 Susan T. McGovern, Vice President, Community Relations and Communications, Ontario Strategic Infrastructure Financing Authority — "Round 2 Loan Program" 1-20 David Miller, Mayor, City of Toronto —Discussion Paper, Places to Grow: Better Choices, Brighter Future, A Growth Plan for the Greater Golden Horseshoe I - 21 The Visual Arts Centre of Clarington — Rotary Centennial Gardens Project 1- 22 Willie & Donna Woo, Polar Bear Swim Organizers, and Sandra Holdsworth, Public Relations Officer, Canadian Transplant Association, Ontario Division — 3rd Polar Bear Swim Council Agenda - 3 - October 25, 2004 I - 23 Kimberley Kitteringham, Deputy City Clerk, The Corporation of the City of Oshawa — Tackling the Doctor Shortage Discussion Paper I - 24 Kimberley Kitteringham, Deputy City Clerk, The Corporation of the City of Oshawa — Red Light Cameras I - 25 Kawartha Pine Ridge District School Board Trustees - Bowmanville Senior Public School Receive for Direction D - 1 Terryl Tzikas, Secretary, Bowmanville Santa Clause Parade — 43rd Annual Community of Bowmanville Santa Claus Parade D - 2 Karin Martens, President, Humane Society of Durham Region — Banning of Pit Bull Dogs D - 3 Evylin Stroud, Bowmanville — Disposing /Composting of Maple Tree Leaves D - 4 Malcolm Hamon, League Administrator, Darlington Men's Select Soccer League — Financial Assistance D - 5 Roger Anderson, Co- Chair, GTAH Mayors and Regional Chairs Group — Fuel Tax D - 6 Martin de Rond, Director, Legislative and Information Services /Town Clerk, Town of Ajax — Municipal Elections Act — Campaign Finance Reform D - 7 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington — Prevention of Cruelty to Animals Act MOTION NOTICE OF MOTION REPORTS 1. General Purpose and Administration Committee Report of October 18, 2004 2. Confidential Report CLD -33 -04 — Personnel Matter (Distributed under Separate Cover) Council Agenda - 4 - October 25, 2004 REPORTS 3. Confidential Report PSD- 133 -04 — Property Matter (To Be Distributed under Separate Cover) 4. Confidential Verbal Report of the Chief Administrative Officer — Personnel Matter UNFINISHED BUSINESS BY -LAWS OTHER BUSINESS a) Regional Update b) Boards and Committees Update BY -LAW TO APPROVE ALL ACTIONS OF COUNCIL ADJOURNMENT j (Leading the Way REPORT #1 REPORT TO COUNCIL MEETING OF OCTOBER 25, 2004 SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF MONDAY, OCTOBER 18, 2004 RECOMMENDATIONS: 1. RECEIVE FOR INFORMATION (a) PSD- 132 -04 — Status of War Dead and War Veterans' Names in Street Naming (b) ESD- 013 -04 — Monthly Response Report — September, 2004 2. FORTHWITH RECOMMENDATIONS FOR COUNCIL'S RATIFICATION (a) COD - 052 -04 — Installation of Traffic Signals Nash Road & Trulls Road (b) COD - 054 -04 — Quotation Q2004 -12 Clarington Beech Centre Roofing Upgrades 3. REZONING APPLICATION TO PERMIT AN EXPANSION TO THE EXISTING MEDICAL CLINIC AND LANDS PROPONENTS: BOWMANVILLE PROFESSIONAL BUILDING INC. THAT Report PSD- 127 -04 be received; THAT the rezoning applications submitted by Dan Strike on behalf of the Bowmanville Professional Building Inc. to permit the expansion of the medical clinic and land area be referred back to staff for further processing; and CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905) 623 -3379 Report #1 - 2 - October 18, 2004 THAT all interested parties listed in Report PSD- 127 -04 and any delegations be advised of Council's decision. 4. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 30. 2004 THAT Report PSD- 128 -04 be received; THAT Council concur with the decision of the Committee of Adjustment made on September 30, 2004 for applications A2004/031, A2004/040, A2004/041, A2004/042 A2004/043, A2004/044, A2004/045, A2004/046 and A2004/047; and THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 5. REALIGNMENT OF SCUGOG STREET, BOWMANVILLE THAT Report PSD- 129 -04 be received; THAT staff be authorized to meet with the residents of Scugog Street, north of Longworth Avenue, to consider street renaming options; and THAT all interested parties listed in Report PSD- 129 -04 and any delegations be advised of Council's decision. 6. REZONING APPLICATION TO PERMIT A CONVENIENCE STORE APPLICANT: 1098431 ONTARIO LIMITED THAT Report PSD- 130 -04 be received; THAT the rezoning application submitted by 1098431 Ontario Limited be approved and that the proposed Zoning By -law contained in Attachment 2 to Report PSD- 130 -04 be passed; THAT the Region of Durham Planning Department be forwarded a copy of Report PSD- 130 -04 and Council's decision; and THAT all interested parties listed in Report PSD- 130 -04 and any delegations be advised of Council's decision. 7. COMMERCIAL POLICY REVIEW — CONTEXT AND ISSUES REPORT THAT Report PSD- 131 -04 and Clarington Commercial Policy Review - Context and Issues Report be received; Report #1 - 3 - October 18, 2004 THAT Report PSD- 131 -04 be circulated to the Region of Durham and the Commercial Policy Review Stakeholders Group for comment; THAT Report PSD- 131 -04 be made available for public comment for a 30 day period; and THAT the interested parties listed in Report PSD- 131 -04 be advised of Council's decision. 8. AWARD OF REQUEST FOR PROPOSAL OF CO -OP RFP- 348 -2004 FOR NATURAL GAS CONSULTING AND DIRECT PURCHASE THAT Report COD - 051 -04 be received; THAT the proposal received from A.E. Sharp, a subsidiary of Seminole Canada Gas Company, to provide natural gas consulting services and to act as an agent of the Municipality of Clarington to execute direct purchase agreements (subject to the approval of the Corporate Services Department) for a term of three years be accepted; THAT the agreement be extended for up to a two year additional term pending satisfactory service, pricing and agreement of the Durham Purchasing Co- operative; THAT the Director of Corporate Services be authorized to sign the required Natural Gas Purchase Agreements and Master Service Agreements required to implement and maintain this program during the term of the agreement with A.E. Sharp; and THAT the by -law attached to Report COD - 051 -04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary Agency Agreement be approved. 9. CL2004 -33, PEARCE FARM PARK CONSTRUCTION THAT Report COD - 053 -04 be received; THAT Rutherford Contracting Ltd., Gormley, Ontario with a total revised bid in the amount of $552,912.53 (plus G.S.T.), being the lowest responsible bidder meeting all terms, conditions and specifications of Tender CL2004 -33, be awarded the contract for the Pearce Farm Park Construction as required by the Engineering Department; Report #1 - 4 - October 18, 2004 THAT the total funds required in the amount of $577,912.53 ($741,633.86 less reductions plus provisional items and contract administration) be drawn from Engineering Capital Account 5800 - 8610 - 04106; and THAT the By -law attached to Report COD - 053 -04 marked Schedule "A" authorizing the Mayor and the Clerk to execute the necessary agreement be approved. 10. CORRESPONDENCE FROM LINDA DEL GRANDE, ACTING LIBRARY DIRECTOR, REGARDING APPOINTMENT TO LIBRARY BOARD THAT Councillor Jim Schell be appointed to the Clarington Library Board. 11. PORT DARLINGTON SECONDARY PLAN THAT staff be authorized to make appropriate amendments to the Port Darlington Secondary Plan. 12. RATIFICATION OF ACTIONS TAKEN AT THE "CLOSED" MEETING THAT the actions taken at the "closed" meeting be ratified. SUMMARY OF CORRESPONDENCE OCTOBER 25, 2004 CORRESPONDENCE TO BE RECEIVED FOR INFORMATION 1 - 1 Mary Tillcock, Run Organizer, on behalf of the Steering Committee of the Clarington Terry Fox Run, thanking the Municipality of Clarington Clerk's Department for the support given for the "Run ". 1 - 2 Minutes of the Santa Claus Parade meeting dated September 8, 2004. (Copy attached) 1 - 3 Minutes of the Santa Claus Parade meeting dated September 22, 2004. (Copy attached) 1 - 4 Minutes of the Santa Claus Parade meeting dated October 4, 2004. (Copy attached) 1 - 5 Minutes of the Animal Advisory Committee meeting dated September 8, 2004. (Copy attached) 1 - 6 Minutes of the Clarington Agricultural Advisory Committee meeting dated September 16, 2004. (Copy attached) 1 - 7 Minutes of the Durham Nuclear Health Committee meeting dated September 17, 2004. (Copy attached) 1 - 8 Minutes of the Greater Toronto Transit Authority meeting dated September 10, 2004. (Copy attached) 1 - 9 Minutes of the Newcastle Community Hall Board meeting dated September 13, 2004. (Copy attached) 1 - 10 Minutes of the Local Architectural Conservation Advisory Committee meeting dated September 21, 2004. (Copy attached) I - 11 Minutes of the Ganaraska Region Conservation Authority meeting dated September 16, 2004. (Copy attached) 1 - 12 Samuel Wilmot Nature Area News for the Fall 2004. (Copy attached) 1- 13 Stephen Kay, Chair, and Lynda Hessey, Executive Director, Durham Haliburton Kawartha & Pine Ridge District Health Council 2003 - 2004, providing Council with their 2003 - 2004 Annual Report. I - 14 Jim Murphy, Director, Government Relations, Greater Toronto Homebuilders' Association, submitting copies of "Powerhouse — Greater Toronto Home Builders' Association ", "Getting It Right — Response to 'Places to Grow "', and "Turning Dirt into Gold ". Summary of Correspondence - 2 - October 25, 2004 1 - 15 Central Lake Ontario Conservation advising of the following appointments to CLOCA Staff: Barb Hodgins, Planning Specialist — Provincial /Municipal Issues; and Warren Coulter, Environmental Engineering Analyst. 1- 16 Stan Nieradka, Financial Secretary, CAW Durham Regional Environment Council, forwarding a letter of invitation to the Mayor and Councillors for the "Cancer Prevention Forum ", Tuesday, November 16, 2004 to be held at the CAW Local 222 Union Hall, 1425 Phillip Murray Avenue, Oshawa. 1- 17 The Honourable Paul Martin, Prime Minister, providing a copy of the "Speech from the Throne" which sets out the Government's priorities to move Canada forward. 1- 18 Rick Lea, Executive Director, Durham Region Local Training Board, submitting a copy of the "2004 Trends, Opportunities and Priorities Report" for Durham Region. - 19 Susan T. McGovern, Vice President, Community Relations and Communications, Ontario Strategic Infrastructure Financing Authority, informing that OSIFA's "Round 2 Loan Program ", low -cost and long term infrastructure financing, deadline for assistance is October 28, 2004 and may be accessed at www.osifa.on.ca. 1-20 David Miller, Mayor, City of Toronto, submitting a copy of correspondence to The Honourable David Caplan, Minister of Public Infrastructure Renewal, commending the government and stating the City of Toronto's support for the development of the Provinces' Discussion Paper, Places to Grow: Better Choices, Brighter Future, A Growth Plan for the Greater Golden Horseshoe. 1 - 21 The Visual Arts Centre of Clarington informing Council of the Rotary Centennial Gardens Project. The project involves major improvements to the exterior of the Visual Arts Centre — flower gardens, tree planting, signage, exterior lighting, improved parking, garbage enclosure, walkways, benches and a proposed amphitheatre. To aid in the funding of the project, the public will participate by purchasing an engraved paver - stone to be used on the exterior walkway. 1-22 Willie & Donna Woo, Polar Bear Swim Organizers, and Sandra Holdsworth, Public Relations Officer, Canadian Transplant Association - Ontario Division, informing Council of the upcoming 3rd Polar Bear Swim to be held on Saturday, January 1, 2005 at 12:00 noon at the waterfront in Newcastle. The Polar Bear Swim is a vehicle to promote awareness of Organ Donation and encourages participants to sign their Organ Donor Card. Summary of Correspondence - 3 - October 25, 2004 1-23 Kimberley Kitteringham, Deputy City Clerk, The Corporation of the City of Oshawa, submitting a copy of correspondence to Barrett R. Adams, MD, President and Rocco Gerace, MD, Registrar, The College of Physicians and Surgeons of Ontario, advising them that at a meeting held on October 4, 2004, their Council passed the following resolution regarding Tackling the Doctor Shortage Discussion Paper: "THAT a copy of Report SIC -04 -120, dated September 14, 2004 from the City Manager be forwarded to: a) the College of Physicians and Surgeons of Ontario, and they be requested to: i) consider and incorporate the City's comments on the Discussion Paper entitled Tackling the Doctor Shortage; and ii) meet with the Oshawa Physician Recruitment Task Force to discuss recruitment initiatives and how the CPSO can assist; and b) the Ministry of Health and Long Term Care, Oshawa MP, and MPPs, and other significant municipalities within the Greater Golden Horseshoe area." I - 24 Kimberley Kitteringham, Deputy City Clerk, The Corporation of the City of Oshawa, submitting a copy of correspondence to The Honourable Harinder S. Takhar, Minister of Transportation, advising that at a meeting held on October 4, 2004, their Council passed the following resolution regarding Red Light Cameras: "THAT the City of Oshawa notes that according to the most recent Ministry of Transportation statistics, excessive speed was a factor in 138 fatalities and 6,079 serious injuries in Ontario in 2002. It is further noted that, according to a recent UK study, the number of people killed and seriously injured has fallen by 40% where cameras have been introduced in the UK. Similar reductions have been observed in British Columbia, Norway and Australia where cameras have been introduced. We therefore call upon the Province of Ontario to allow municipalities to use this extremely effective tool in reducing the unacceptable levels of speeding in our school zones, on our local streets and the carnage on our roads and a copy of this resolution be forwarded to the Regional Municipality of Durham and to municipalities within the Region." 1- 25 Kawartha Pine Ridge District School Board Trustees advising Council of their decision to close Bowmanville Senior Public School in June 2006. Summary of Correspondence - 4 - October 25, 2004 CORRESPONDENCE FOR DIRECTION D - 1 Terryl Tzikas, Secretary, Bowmanville Santa Clause Parade, requesting permission to hold the 43rd Annual Community of Bowmanville Santa Claus parade on Saturday, November 20th, 2004 beginning at 10:30 a.m. The co- operation of the Police Department, Municipality of Clarington Operations Department and the use of the Old Fire Hall is required. (Motion to approve provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Karin Martens, President, Humane Society of Durham Region, stating opposition to the banning of pit bull dogs. Ms. Martens advises that to date, after dealing with hundreds of these dogs, the Human Society staff have not been bitten by a pit bull. (Motion to refer correspondence to the Municipal Clerk) D - 3 Evylin Stroud, Bowmanville, requesting direction on disposing /composting of maple tree leaves which have a fungus. (Motion to refer correspondence to the Director of Operations) D - 4 Malcolm Hamon, League Administrator, Darlington Men's Select Soccer League, seeking funds to support the celebration of the 125th season of the Darlington Men's Select Soccer League in 2005; the longest running soccer organization in Canada. To mark this occasion several events have been planned including an All Star game and banquet to be held on Saturday, July 9, 2005 at the Garnet Rickard Sports Complex. To help offset the costs of the event, he is requesting financial assistance. (Motion to advise of the grant process) D - 5 Roger Anderson, Co- Chair, GTAH Mayors and Regional Chairs Group, advising Council that at a meeting held on October 1, 2004, they passed the following resolution regarding The Fuel Tax: IIITTIU 1) the 75/25 formula for allocation of the Federal fuel tax for investment in roads and transit, as proposed by the Hub Cities, be endorsed; 2) copies of the "Hub City Mayors' Summit Communique — Key Facts ", the "Mayors Summit Communique — September 18, 2004 ", and this motion be circulated to the GTAH Councils and the province for their consideration and Summary of Correspondence - 5 - October 25, 2004 3) GTAH municipal councils be requested to endorse the 75/25 fuel tax allocation formula proposed by the hub City Mayors." (Motion for Direction) (Copy attached) D - 6 Martin de Rond, Director, Legislative and Information Services /Town Clerk, Town of Ajax, advising Council that at a meeting held on September 27, 2004, their Council passed the following resolution regarding the Municipal Election Act — Campaign Finance Reform: "WHEREAS, the Council of the Corporation of the Town of Ajax, through By -law 89 -2004, established a Council Member Code of Conduct intended to identify principles and actions to strengthen the trust, integrity and transparency of municipally - elected representatives; and WHEREAS, the Council of the Corporation of the Town of Ajax seeks to strengthen accountability and transparency of all individuals registered as candidates in a municipal election, whether elected or defeated; and, WHEREAS, the Municipal Elections Act, 1996 (the Act) governs the scope and nature of municipal election campaigns and their associated public filing and reporting requirements; and, WHEREAS, the Act and the administration of the Act through the Minister of Municipal Affairs and Housing should be fully examined and where appropriate, amendments made to ensure the highest standards of accountability and transparency govern the conduct, activities and campaign filing and reporting requirements of municipal election candidates; and, WHEREAS, the Council of the Corporation of the City of Toronto have considered a number of legislative, administrative and structural amendments recommended by the Toronto Election Finance Review Task Force intended to improve the accountability and transparency in the legislative provisions of municipal election finances. Summary of Correspondence - 6 - October 25, 2004 NOW THEREFORE BE IT RESOLVED: 1. THAT the Government of Ontario be requested to amend the Municipal Elections Act, 1996 as follows: a) Prohibit all campaign contributions from corporations or trade unions; b) Require monies spent on gala parties, receptions and other fund - raising events to be considered as reportable campaign expenses; c) Empower the Chief Electoral Officer of Ontario to oversee legislative compliance, including campaign finance compliance audits described under Section 81; and d) Require campaign surpluses to become the immediate and permanent property of municipalities, inaccessible to incumbent candidates in successive municipal elections. 2. THAT the Clerk circulate notice of this resolution to the Honourable John Gerretsen, Minister of Municipal Affairs and Housing, the Honourable Dalton McGuinty, Premier of Ontario, all Durham Region MPPs, all Durham Region Municipalities, the City of Toronto, AMO and AMCTO." (Motion for Direction) D - 7 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington, advising Council that at a meeting held on October 14, 2004, the following resolution was passed: `WHEREAS the increase in volume of urban travelers on rural roads is resulting in unwarranted complaints to the Society for the Prevention of Cruelty to Animals concerning the care of large animals on farms; AND WHEREAS the investigation of these complaints is providing a new and unexpected stress to the farmer already burdened with unparalleled low livestock values, pressures from the World Trade Organization Agreement, N.A.F.T.A. rulings, the B.S.E. crisis and the ever present Nutrient Management Act; NOW THEREFORE BE IT RESOLVED that the Agricultural Advisory Committee of Clarington recommend to Clarington Council that it request the Honourable Steven Peters, Minister of Agriculture and Food seek amendments to the Ontario Society for the Prevention of Cruelty to Animals Act that would require any S.P.C.A. Officer, upon receiving a complaint concerning large animals at a farm location, contact the farmer and make an Summary of Correspondence - 7 - October 25, 2004 appointment for an inspection, at a mutually agreeable time, allowing the S.P.C.A. to contact the farmer's Veterinarian and arrange to have him /her present, at no cost to the farmer, and allow the farmer time to arrange to have a representative from a registered farm organization or association of his /her choice also present; AND FURTHER that a copy of this resolution be forwarded to the local member of provincial parliament and the Association of Municipalities of Ontario (for provincial circulation and support)." (Motion for Direction) SUMMARY OF BY -LAWS OCTOBER 25, 2004 BY -LAWS 2004 -224 being a by -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the Corporation of the Municipality of Clarington (Item #6 of Report #1)(1098431 Ontario Ltd.) 2004 -225 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and A.E. Sharp Limited, Burlington, Ontario, to enter into an agreement for the direct purchase of Natural Gas (Item #8 of Report #1) 2004 -226 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Rutherford Contracting Ltd., Gormley, Ontario, to enter into an agreement for the Bowmanville Community Park Construction (Item #9 of Report #1) 2004 -227 being a by -law to authorize a contract between the Corporation of the Municipality of Clarington and Barr's Roofing & Sheet Metal Ltd., Newcastle, Ontario, to enter into an agreement for the Clarington Beech Centre Roofing Upgrades (Item #2 of Report #1) 2004 -228 Confidential Property Matter (Item #12 of Report #1) 2004 -229 being a By -law to amend By -law 2003 -188, being a by -law to establish the composition of the Clarington Public Library Board (Item #10 of Report #1) 2004 -230 being a By -law to amend By -law 2004 -025, being a by -law to appoint Members to the Clarington Public Library Board (Item #10 of Report #1)