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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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"
~
.
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Council Meeting Minutes
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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
,