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HomeMy WebLinkAbout05/01/2006 to', Council Meeting Minutes May 1, 2006 Minutes of a regular meeting of Council held on May 1, 2006, at 7:00 p.m., in the Council Chambers. Councillor Schell led the meeting in prayer. ROLL CALL Present Were: Also Present: Mayor J. Mutton Councillor A. Foster Councillor D. MacArthur Councillor P. Ping Ie Councillor G. Robinson Councillor J. Schell Councillor C. Trim Chief Administrative Officer, F. Wu Manager, Transportation and Design, L. Benson (attended until 8:04 p.m.) Director of Community Services, J. Caruana (attended until 8:04 p.m.) Director of Planning Services, D. Crome (attended until 8:04 p.m.) Supervisor, Hampton Operations Centre, P. Broome (attended until 8:04 p.m.) Solicitor, D. Hefferon Director of Corporate Services, M. Marano (attended until 8:04 p.m.) Deputy Treasurer, L. Gordon (attended until 8:04 p.m.) Director of Emergency Services, G. Weir (attended until 8:04 p.m.) Administrative Assistant to the Clerk, C. Fleming (attended until 8:04 p.m.) Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. MINUTES Resolution #C-205-06 Moved by Councillor Foster, seconded by Councillor MacArthur THAT the minutes of a regular meeting of Council held on April 18, 2006, be approved. "CARRIED" Council Meeting Minutes - 2 - May 1 , 2006 PUBLIC MEETING A public meeting is being held to consider the passage of a by-law to declare a portion of a road allowance (former Scugog Street) situated in Lot 14, Concession 2, being part of a traveled road known locally as West Scugog Lane, (formerly Old Scugog Road) (Geographic Township of Darlington) and part of Block 29, Registered Plan 40M-2265 now all in the Municipality of Clarington and further identified as Parts 1-4 on Reference Plan 40R-23134 to be stopped up and closed and to be declared surplus. No one spoke in opposition to or in support of this matter. PRESENTATION On January 6, 2006 Gord Sharp, Sharp Acres Holsteins realized his dream in becoming a Master Breeder and was awarded the 2005 Master Breeders' Award of Excellence from Holstein Canada. Mayor Mutton presented Gord Sharp with a certificate from the Municipality in recognition of the award and congratulated him on his exceptional accomplishment. Gregory Smith, Senior Vice President, Darlington Nuclear provided an annual update to Council stating the Ontario Power Generation and Darlington Nuclear were proud to be a part of the Clarington Community and would welcome any suggestions. Gregory Smith highlighted the following: . Increased focus on the industry and awareness by consumers . Ontario Power Generation improved financial and production results in 2005 . Ontario Power Generation 2005 Accomplishments including the return to service of the Pickering Unit 1 and the decision on Pickering Units 2/3, the Niagara Tunnel project, significant improvements in performance and expansion of hydroelectric facilities . Memorandum of Agreement between the Ontario Government and Ontario Power Generation and mandate to operate with a commercial focus, improve performance, benchmark against the best of industry and expand generating hydroelectric capacity . Update from Darlington Nuclearincluding human performance and employee safety, station reliability progress in 2005, leadership behaviours including 2005 Environmental accomplishments and community initiatives . New nuclear in Ontario . Nuclear waste . New electricity pricing structure . Coal closure Council Meeting Minutes - 3 - May 1, 2006 Gregory Smith summarized his presentation noting Darlington Nuclear was Canada's best performing nuclear station in 2004 and 2005 and confirming their ongoing commitment to operate Darlington in a safe, reliable and cost-conscious manner and to communicate openly and transparently through the Neighbours Newsletter, the Community Advisory Committee, the public information centre and family programs. Glenda Gies and Richard Fink, Co-Chairs, St. Marys Cement Community Relations Committee presented their Annual Report. Glenda Gies provided an overview of the Committee's mandate and scope of work stating four meetings were held in 2005 to review and discuss the following: . Progress on the Westside Marsh Reconfiguration Plan . St. Marys' proposal to deepen the quarry . Progress on and design challenges with the dock expansion project . Air quality monitoring . Efforts to reduce off-site dust and off-site effects of blasting . Work to address the visible plume from the stacks . Community Outreach efforts . Potential future use of alternative fuels at St. Marys Cement . Community concerns and response processes and measures . Green Space Strategy Plan process Glenda Gies summarized by stating St. Marys efforts to address concerns and their community outreach is gradually resulting in improved community relations noting issues raised by residents and Committee members are being addressed through studies and pilot projects. She noted that a representative of Atomic Energy of Canada Ltd. attended one of their meetings as an observer and plans to mimic the Committee in their community. She advised the Community Relations Committee recommends that the Committee continue its work. Richard Fink provided the following highlights: . Success of last year's Open House and planning for 2006 event . Important strides in environmental stewardship . Reductions in emissions . Improvements to air quality . Habitat Works and ongoing monitoring Jonathon Hill, Quarry Manager provided an update on blasting operations highlighting: . Changes in the last twelve months . New blasting contractor Dyno Nobel Canada Inc. specializing in new electronic blasting techniques . Charity Auction - Blaster for a Day Council Meeting Minutes - 4 - May 1, 2006 . Open House 2005 . Newspaper listings of weekly blasting schedules . Donations . Fossil Hunters . Recorded complaints Jonathon Hill summarized by stating St. Marys continues to work towards reducing emissions/impact generated by their blasting operations by working with their new contractor to understand and utilize new technology available despite the added financial cost to the company. COMMUNICATIONS Resolution #C-206-06 Moved by Councillor Trim, seconded by Councillor Schell THAT the communications to be received for information be approved as per the agenda. "CARRI ED" I - 1 Minutes of the Local Architectural Conservation Advisory Committee meeting dated March 21 , 2006 I - 2 Minutes of the Clarington Traffic Management Advisory Committee meeting dated March 16, 2006 I - 3 Charlie Trim, Chair, Newcastle Sesquicentennial Steering Committee - Thanking the Municipality I - 4 Chris Conti, Executive Director, Friends of Second Marsh - Wetlands & Wildlife I - 5 P. Madill, Regional Clerk, Regional Municipality of Durham - Annual Subdivision/Condominium Activity Report CORRESPONDENCE FOR DIRECTION Resolution #C-207 -06 Moved by Councillor Pingle, seconded by Councillor MacArthur THAT Correspondence Items be approved as per the agenda, with the exception of Items D - 4 to D - 6 inclusive and Items to D - 8 to D - 9, inclusive. "CARRIED" Council Meeting Minutes - 5 - May 1 , 2006 D - 1 Ann-marie Harley, Chair, Newcastle Sesquicentennial Marketing, Promotions & Media Relations, advising as part of the 150th Anniversary of Newcastle, a fireworks display is planned for the July 1 st weekend from the Kaitlin Marina in the Bond Head Parkette and requesting assistance with the closure of the Parkette and other necessary permits. (Requests approved) D - 2 Mike Colle, Minister, Ministry of Citizenship and Immigration forwarding a nomination form and information outlining details of the selection process for the Lincoln M. Alexander Award, an award to honour young Ontarians who have demonstrated exemplary leadership in contributing to the elimination of racial discrimination. (Correspondence referred to the Municipal Clerk to place a notice in the local newspapers) D - 3 Councillor Gord Robinson, Council Liaison, Orono BIA, requesting the closure of Main Street between Centreview and Park Street in Orono on Saturday, September 23, 2006 from 9:00 a.m. until 4:00 p.m. for the Orono Chili Cook Off. (Approved provided the organizers apply for and obtain a road occupancy permit from the Engineering Services Department) D - 7 Derryn Gill, Chair, Board of Directors, Spina Bifida & Hydrocephalus Association of Ontario, requesting the proclamation of June as Spina Bifida and Hydrocephalus Awareness Month. (Proclaimed) D - 4 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of Ajax, advising Council that the Town of Ajax on April 1 0, 2006, passed the following resolution: "Whereas the 0.8 F. T .E. position for the Associate Medical Officer of Health (AMOH) as proposed in the 2006 Health Department budget was to be funded by 100% Provincial dollars and therefore has no impact on the Regional tax levy; Whereas additional support at the AMOH level was requested and approved by the Health and Social Services Committee during the 2005 budget process and subsequently denied by Regional Council; Whereas the 2005 Annual Compliance Report indicates a number of areas where standards of the Mandatory Health Programs and Standards Guidelines are not met; Council Meeting Minutes - 6 - May 1 , 2006 Whereas the province's Chief Medical Officer of Health, Dr. Sheela Basrur, in her 2005 Annual Report to the Legislature articulated her concern regarding longstanding vacancies in Medical Officer of Health positions due to unsustainable call schedules and limited human and other resources as being major deterrents to attracting new entrants to the field; Whereas the increases in workload and areas of responsibility have increased since 1994 when the first AMOH position was approved in Durham Region; for example, by 2004, . the population of Durham Region had increased by 23.8% . # of publicly funded vaccines has increased by 45.5% . # of children aged 0-19 years has increased by 14.3% . # of reportable diseases investigated has increased by 46.1 % . #of designated reportable diseases has increased by 13 to 85 or 18.1%; Whereas a number of Durham municipalities are designated underserviced by physicians and the 0.8 FTE AMOH could provide the opportunity for the incumbent to provide some clinical services within the community; Whereas the AMOH provides medical consultation and authority with regards to infectious diseases for public health staff, hospitals, long term care facilities and the community in Durham Region; Whereas pandemic influenza planning and a consolidated community response led by Durham Region Health Department will provide protection in order to reduce morbidity and hospitalizations, and minimize societal disruption and economic losses; Whereas the recent examples of emerging infectious diseases such as West Nile virus, multi-drug resistant tuberculosis, the Walkerton water disaster, outbreaks of new antibiotic resistant microbes, avian influenza and SARS, has required a strong public health system with effective adequately resourced medical leadership; Therefore be it resolved that the Council of the Town of Ajax recommends that the 0.8 FTE Associate Medical Officer of Health position as proposed in the original submission of the 2006 Health Department budget be approved in the 2006 Regional budget." Council Meeting Minutes - 7 - May 1 , 2006 Resolution #C-208-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 4 be received for information. "CARRIED" D - 5 Harold Luckasavitch, Clerk, Township of South Algonquin, advising Council that the Township of South Algonquin on April 6, 2006, passed the following resolution: 'WHEREAS the Ontario Ombudsman has completed his extensive review of MPAC's administration of Current Value Assessment (CV A) and has issued a scathing 94-page Report admonishing MPAC for mishandling the administration of assessment in Ontario and has included numerous recommendations in his report for immediate change. WHEREAS the ombudsman states at page 64 of his Report that his mandate was limited to the administration of property assessment, not the system itself, however he states that he cannot overlook the wave of concern directed at the existing assessment legislation and therefore sets out some compelling arguments for the Provincial Government to introduce urgent reform to CV A, such as a 5% cap on the maximum allowable annual increase in property assessment. WHEREAS the 5% cap on property assessment increases has existed since 1999 in Ontario for all industrial and commercial property owners and by applying the cap to residential properties it would create a level playing field for assessment relating to all classes of properties. WHEREAS M.P .P .Tim Hudak has recently introduced a Private Members Bill in the Legislature that, if passed, would: (a) establish a 5% cap on increases for residential property owners (b) allow homeowners to make $25,000.00 in home repairs, alterations, or additions to their properties without triggering increases in property assessments (c) allow seniors and disabled property owners to be exempted from paying taxes on the first $10,000.00 of assessed value on a principal residence- WHEREAS Health Units, Nursing Homes and District Social Services Administration Boards establish their levies to member municipalities using "weighted assessment" that creates outrageous increases in levies due to spikes in municipalities levels of assessment which, if capped at 5% would not occur. Council Meeting Minutes - 8 - May 1, 2006 BE IT RESOLVED THEREFORE that the Township of South Algonquin requests the Provincial Government to immediately introduce the changes described above to the Current Value Assessment system as reflected in the Ombudsman's Report (para. 178, 179, and 180 at page 64), as well as the preceding changes contained in M.P .P .Tim Hudak's Private Members Bill so as to provide immediate relief to the countless ratepayers in all parts of Ontario who are being unfairly served by a punitive, unstable and volatile Current Value Assessment system. BE IT ALSO RESOLVED that all 445 municipalities in Ontario as well as A.M.O. and R.O.M.A. receive this resolution and be asked to support this resolution by sending a copy of their endorsement to Premier McGuinty at their earliest convenience." Resolution #C-209-06 Moved by Councillor Trim, seconded by Councillor Schell THAT Correspondence Item D - 5 be received for information. "CARRI ED" D - 6 John Slater, Chair, Orono Crown Lands Trust, advising the Orono Crown Lands Trust, a registered non profit charitable organization, is responsible for day-to- day management activities of 633 acres of the Orono Crown Forest through a 20 year Management Plan. The forest has one of the worst infestations of dog- strangling vine in the Region, a potential invasive species. He is requesting a Municipal grant in the amount of $5,000 to purchase a chipper, an essential component of the invasive species program. Resolution #C-21 0-06 Moved by Councillor Robinson, seconded by Councillor Foster WHEREAS the Orono Crown Forest, managed by the Orono Crown Lands Trust, is a provincially-owned property and one of the largest provincial tree nurseries; and WHEREAS the forest has one of the worst cases of dog-strangling vine infestations in the Region and Orono Crown Lands Trust deems it necessary to purchase a chipper to assist with mitigation of potential spread of invasive species; and WHEREAS the Orono Crown Lands Trust is not eligible for a grant under our grant process criteria, Council Meeting Minutes - 9 - May 1 , 2006 NOW THEREFORE BE IT RESOLVED THAT the Municipality's grant process criteria be waived in this instance; and THAT the Orono Crown Lands Trust request for a $5000 grant be approved for the purchase of a chipper and that this grant be funded through the grant fund. "MOTION LOST ON THE FOLLOWING RECORDED VOTE" Council Member Yes No Declaration of Pecuniary Interest Councillor Foster ..J Councillor MacArthur ..J Councillor PinQle ..J Councillor Robinson ..J Councillor Schell ..J Councillor Trim ..J Mayor Mutton ..J Resolution #C-211-06 Moved by Councillor Pingle, seconded by Councillor Schell THAT the correspondence from the Orono Crown Lands Trust requesting a grant in the amount of $5,000 for the purchase of a chipper be referred to the Operations Department for further discussion; and further that as the matter is of Provincial jurisdiction, correspondence be sent to the Ministry of Natural Resources requesting funding for the purchase. "CARRIED" D - 8 Kathryn J. Vout, Town Clerk, Town of Grimsby advising Council that the Town of Grimsby on April 3, 2006, passed the following resolution: 'Whereas it is a goal of the Greenbelt Plan to provide permanent agricultural protection together with a vibrant and evolving agricultural and rural economy; and Whereas it is a goal of the Greenbelt Plan to support the Niagara Peninsula Specialty crop area as a destination and centre of agriculture, focused or the agri-food sector and agri-tourism industries related to grape and tender fruit production; and Whereas a goal of the Greenbelt Plan is to provide the appropriate flexibility to allow for agriculture, agriculture-related and secondary uses, normal farm practices and an evolving agricultural/rural economy; and Council Meeting Minutes - 10- May 1 , 2006 Whereas it is a goal of the Greenbelt Plan to increase certainty for the agricultural sector to foster long-term investment in, improvement to, and management of the land; and Whereas providing a positive climate for farmers is a critical aspect in sustaining the viability of the farming; and. Whereas the Greenbelt Plan (Section 4.6 Lot Creation) and the Provincial Policy Statement do not permit retiring farmers to create lots on land to which they have had a life-long financial and emotional tie; and Whereas the Greenbelt Plan fails to recognize the rights of farmers to retire with the financial and social stability provided by the traditional retirement lot; and Whereas the Greenbelt Plan fails to acknowledge the important life-long service provided by farmers to the people of Ontario; and Whereas the farmers of Ontario face numerous natural and economic hardships throughout their careers, without the additional interference of provincial legislation; and Whereas the current Greenbelt Plan acts as a deterrent for existing farmers wishing to continue a career in agriculture; and Whereas the current Greenbelt Plan acts as a disincentive for future farmers hoping to begin careers as farmers. Now therefore be it resolved that the Town of Grimsby implores the government of the Province of Ontario to amend the Greenbelt Plan and the Provincial Policy Statement to permit the creation of retirement lots for a farmer of retirement age who is retiring from active working life, and has owned and operated the farm operation for a substantial number of years; and that a copy of this resolution be forwarded to the Honourable Dalton McGuinty, Premier of Ontario; the Honourable John Gerretson, Minister of Municipal Affairs and Housing; Jennifer Mossop, M.P.P. Stoney Creek Riding; the Regional Municipality of Niagara, and to the Association of Municipalities of Ontario for circulation to all municipalities in the Greenbelt for their support." Council Meeting Minutes - 11 - May 1, 2006 Resolution #C-212-06 Moved by Councillor Trim, seconded by Councillor Foster THAT Correspondence Item D - 8 be received for information. "CARRIED" D - 9 Linda Gasser commenting on Regional Report 2006-P-33 - Consideration of issues related to the implementation of the Greenbelt Act, 2005 and the Greenbelt Plan and Regional Report P-39 - Durham Region Official Plan Review - Consideration of the Recommended Directions and Authorization to Release the Supplemental Attachment to the Proposed Amendment and requesting Council make their Greenbelt boundary/urban expansion positions known at a public meeting in Clarington and provide residents with the opportunity to respond to a staff report and to make their views on the matter known to Council. Resolution #C-213-06 Moved by Councillor Schell, seconded by Councillor Trim THAT Correspondence Item D - 9 be referred to the Director of Planning Services. "CARRIED" MOTION REPORTS Report #1 - General Purpose and Administration Committee Report - April 24, 2006 Resolution #C-214-06 Moved by Councillor Schell, seconded by Councillor Trim THAT the General Purpose and Administration Committee Report of April 24, 2006 be approved. "CARRIED" Council Meeting Minutes - 12 - May 1 , 2006 Report #2 - Confidential Property Matter Resolution #C-215-06 Moved by Councillor Robinson, seconded by Councillor MacArthur THAT the recommendations contained in Confidential Report EGD-025-06 be approved. "CARRIED" UNFINISHED BUSINESS Resolution #C-216-06 Moved by Councillor MacArthur, seconded by Councillor Trim THAT Gregory Smith, Senior Vice President, Ontario Power Generation be thanked for his presentation to Council. "CARRIED" Resolution #C-217 -06 Moved by Councillor Robinson, seconded by Councillor Pingle THAT Glenda Gies, Richard Fink, Co-Chairs, St. Marys Cement Community Relations Committee and Jonathon Hill, St. Marys Cement be thanked for their presentation to Council. "CARRIED" OTHER BUSINESS Resolution #C-218-06 Moved by Councillor Foster, seconded by Councillor Schell THAT the Rules of Procedure be suspended to allow for the introduction of an item of new business at this time. "CARRI ED" Council Meeting Minutes - 13 - May 1, 2006 Resolution #C-219-06 Moved by Councillor Foster, seconded by Councillor MacArthur Whereas the Experts Panel on Paper Fibre Bio-Solids recommended a number of initiatives to the Minister of Environment in February 2005 and action on these recommendations have yet to be taken, and Whereas Clarington Council supported the recommendations of the Experts Panel through Resolution #GPA-208-05; and Whereas the Region, local municipalities and environmental groups have been pressing the MOE to keep waste destined for further processing or blending into products such as Sound-Sorb, Nitro-Sorb, etc. under the regulatory umbrella of the MOE throughout the transportation, processing, storage/stock piling and final resting site under a Certificate of Approval (C of A) and under the provisions of the Nutrient Management Act (NMA) in the case of agricultural applications, and Whereas the Region must lead by example and take a "cradle to grave" approach to the compost processing contract, Now therefore be it resolved that the Municipality of Clarington does not support the concept of mixing paper-fibre biosolids with compost as contemplated in the contract with Waste Management of Canada Corp. until the recommendations of the Experts Panel are implemented by MOE and further that the Region of Durham and Ministry of Environment be informed of this resolution and it be circulated to all other local municipalities in Durham Region for endorsement. "CARRIED" Resolution #C-220-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT the meeting be "closed" to consider a personnel matter. "CARRIED" Resolution #C-221-06 Moved by Councillor Robinson, seconded by Councillor Schell THAT the actions taken during the "closed" session of Council be ratified. "CARRIED" Council Meeting Minutes - 14- May 1, 2006 BY-LAWS By-law 2006-099 was withdrawn from the agenda. Resolution #C-222-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-laws 2006-095 to 2006-098, inclusive and that the said by-laws be now read a first and second time: 2006-095 Being a by-law to authorize entering into an agreement with the Owners of lands subject to Part Lot Control Application ZBA 2006-0005 and any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality of Clarington in respect of Part Lot Control Application ZBA 2006-005 2006-096 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the Municipality of Clarington 2006-097 Being a by-law to declare a portion of a road allowance (former Scugog Street) situated in Lot 14, Concession 2, being part of a traveled road known locally as West Scugog Lane, (formerly Old Scugog Road) (Geographic Township of Darlington) and part of Block 29, Registered Plan 40M-2265 now all in the Municipality of Clarington and further identified as Parts 1-4 on Reference Plan 40R- 23134 to be stopped up and closed and to be declared surplus 2006-098 Bing a by-law to authorize the conveyance of Part 1 and Part 3 on Reference Plan 40R-24134 to Gerald and Lorraine Lynch and to authorize the conveyance of Part 2 and Part 4 on Reference Plan 40R-24134 to Paul and Kimberly Eyers Resolution #C-223-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-laws 2006-095 to 2006-098 inclusive be approved. "CARRI ED" ~ . . Council Meeting Minutes - 15- May 1 , 2006 CONFIRMING BY-LAW Resolution #C-224-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT leave be granted to introduce By-law 2006-099 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at this meeting held on the 1st day of May, 2006, and that the said by-law be now read a first and second time. "CARRIED" Resolution #C-225-06 Moved by Councillor MacArthur, seconded by Councillor Foster THAT the third and final reading of By-law 2006-099 be approved. "CARRIED" e ADJOURNMENT Resolution #C-226-06 Moved by Councillor Pingle, seconded by Councillor Robinson THAT the meeting adjourn at 8:22 p.m. "CARRIED" M ,