HomeMy WebLinkAbout05/28/2007
Council Meeting Minutes
MAY 28, 2007
Minutes of a regular meeting of Council held on May 28, 2007, at 7:00 p.m., in the
Council Chambers.
Councillor Foster led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Director of Corporate Services/Acting Chief Administrative Officer,
M. Marano
Director of Engineering Services, T. Cannella, attended until 10:45 p.m.
Director of Community Services, J. Caruana, attended until 10:45 p.m.
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon, attended until 10:45 p.m.
Solicitor, D. Hefferon
Manager of Operations, F. Horvath
Manager of Special Projects, F. Langmaid, attended until 10:45 p.m.
Fire Chief, G. Weir, attended until 10:45 p.m.
Administrative Assistant to the Clerk, C. Fleming, attended until 10:45 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MINUTES
Resolution #C-290-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on May 14, 2007, be
approved.
“CARRIED”
Council Meeting Minutes - 2 - May 28, 2007
PUBLIC MEETING
A public meeting is being held to consider the passage of a by-law to stop up and
close a portion of a road allowance situated within Lot 17, between Broken Front
Concession and Concession 1 (now being Part 3 on Registered Plan 40R-24789) in
the former Township of Darlington, now in the Municipality of Clarington.
No one spoke in opposition to or in support of this matter.
PRESENTATIONS
Glenda Gies, President, Port Darlington Community Association, and Co-Chair -
St. Marys Community Relations Committee (CRC), addressed Council to present the
CRC’s 2006 Annual Report, a copy of which had been previously distributed to all
Members of Council. Ms. Gies reviewed the composition of the Committee which
included members of the Port Darlington Community Association, the Aspen Springs
Community Association, Municipal staff and staff of St. Marys Cement Inc. She noted
however, that the representative from the Aspen Springs Community Association had
resigned in September and the Committee was advocating for a replacement
member.
Ms. Gies stated in 2006, the Community Relations Committee held quarterly meetings
to provide an opportunity for dialogue between the community and St. Marys Cement
Company and for St. Marys to report on their progress implementing the Westside
Marsh Reconfiguration Plan. She reviewed the scope of work discussed at the
meetings and highlighted data provided from off site dust monitoring and blasting
stations noting complaints related to blasting have decreased as a result of changes
to St. Marys blasting procedures. Ms. Gies also highlighted revisions to operating
procedures as a result of the release of PET coke dust from the dock in July 2006. In
summary, Ms. Gies concluded that St. Marys operations continue to result in off site
impacts that are generally below regulatory requirements and that St. Marys continues
to work to reduce these impacts. She further stated that the Committee is working
effectively in providing an opportunity for information sharing and dialogue between
St. Marys and its neighbours, and recommends that the Committee continue to meet
on a quarterly basis. Ms. Gies also suggested representation from other areas of
Bowmanville, as required.
In response to a question, Glenda Gies stated she would support representation from
the Wilmot Creek Homeowners Association on the Committee.
Jonathan Hill, Quarry Manager, St. Marys Cement addressed Council advising 2006
was an outstanding year for St. Marys Cement in terms of human resources,
production, and environmental aspects. Mr. Hill introduced Rubin Plaza, Plant
Environmental Manager to provide information on environmental achievements.
Council Meeting Minutes - 3 - May 28, 2007
Rubin Plaza addressed Council advising St. Marys Cement Inc. was the winner of the
Environmental Performance Award for S02 Reduction, NOx Reduction and ISO
Certification from the Portland Cement Association (PCA) as part of the 2006 North
American Cement Industry Energy and Environmental Awards for their efforts in
reducing sulfur dioxide emissions by 53% and nitrogen oxide emissions by 18%.
Mr. Plaza noted in addition to receiving the highest award in the Environmental
Performance category, St. Marys was recognized as a runner-up in the Land
Stewardship and Energy Efficiency categories, for the reconfiguration of the Westside
Marsh, the largest project of its kind in Canada, and for the initiation of an Energy
Management Conservation Committee in the development of 32 initiatives to reduce
or save energy. Mr. Plaza outlined the benefits of continuous improvements in
environmental performance and St. Marys commitment to conducting business in an
environmentally responsible manner.
Jonathan Hill discussed the quarry and blasting results. He noted last year the
company received seven blasting complaints. Mr. Hill stated St. Marys practices
continuous improvement strategies for blasting and have since changed contractors
noting only three complaints have been received to date this year. Mr. Hill highlighted
the success of their second open house held July 12, 2006 drawing 600 visitors from
the surrounding area and advised planning is underway for this year’s open house to
be held in September. In closing, Mr. Hill provided an outlook for 2007 in which
St. Marys will continue their commitment to reducing stack emissions, maintain
continuous improvement practices in the area of the quarry and blasting, and to work
with local charities.
In response to questions, Mr. Hill outlined the process for responding to complaints
and follow-up contingency plans.
DELEGATIONS
Resolution #C-291-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Karen Buck, Cathy McKeever and Jason Gibson be added to the list of
delegations.
“CARRIED”
Council Meeting Minutes - 4 - May 28, 2007
Resolution #C-292-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the Rules of Order be suspended to allow for introduction of a motion to add
Roger Anderson as a delegation to address the Energy From Waste Environmental
Assessment Study.
“MOTION LOST ON THE
FOLLOWING RECORDED VOTE”
(¾ Majority Required)
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
Jean Michel Komarnicki, President, Visual Arts Centre of Clarington, addressed
Council on behalf of Craig Ryan concerning the Silken Laumann Project, a fundraising
project bringing Silken Laumann to Bowmanville as part of efforts to expand to the
Visual Art Centre facilities. Mr. Komarnicki stated Silken Laumann, one of Canada’s
inspirational speakers and recognizable athletes, has agreed to come to Clarington to
give a motivational Keynote Address on October 23, 2007 at the Bowmanville High
School. Jane Eccles, Bowmanville artist has created a painting of Ms. Laumann and it
will be unveiled at a Gala Evening to be held on October 24, 2007 at the Visual Arts
Centre. Tickets for the keynote address are $50 and $150 for the Gala Evening.
Jane Eccles spoke about the creation of the painting and her selection of
Silken Laumann. She stated detailed planning of the event is still in progress and that
the organizers need help with promotion, sponsors and staging. She invited Members
of Council to help promote the events and to buy tickets in support of the Visual Arts
Centre.
William Hasiuk advised prior to the meeting that he would not be speaking.
Council Meeting Minutes - 5 - May 28, 2007
Linda Gasser addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study thanking all four local Councillors for their support
of the staff recommendations in Report PSD-070-07 and staff for differentiating
between what would be required to ensure that Clarington undertakes its independent
due diligence and what peer review would be required of the Region’s EA related
studies. Ms. Gasser requested Mayor Abernethy to clarify his amendment made at
the Regional Finance and Administration Committee regarding the costs associated
with “other studies” required to do Clarington’s due diligence. She advised that the
Council of East Gwillimbury voted unanimously that they will not be a willing host for
the proposed Durham/York incinerator and feels a message must be sent to Durham
Region that Clarington will do their independent due diligence studies and peer
reviews and make their own decisions around whether or not the municipality would
be a willing host. Ms. Gasser feels that Regional Council did not know many details
about potential human health and environmental impacts when they set the Terms of
Reference for the EA study and that the study could be expanded to include
alternatives screened out early, including Zero Waste initiatives. Ms. Gasser urged
Council to support the staff recommendations and requested Council to direct staff to
review the Alternatives To Report as it is an integral part of the EA document review.
In response to questions, Ms. Gasser stated she was advocating a considered review
of all the alternatives so that the interests of the citizens of Clarington are protected
and that all issues are known before making such an important decision.
Kerry Meydam addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study urging Council to endorse the recommendations
contained in Report PSD-070-07 and ratify approval of Item 14. She expressed
concern that the emphasis in the debate surrounding Report PSD-070-07 has been
focused primarily on finances with little regard for the need for all aspects of the peer
review and that the intent of the Region to finance a “limited” peer review only was of
great concern. She stated it seems to her that dollars are more important than health,
safety, environmental and other potential impacts on Clarington such as the ability to
attract new businesses to the area (especially the planned Energy Park), community
stigma and quality of life. Ms. Meydam feels it is imperative that Clarington do its own
studies for the benefit of the municipality. Ms. Meydam also expressed concern with
Regional Council’s decision to adopt thermal treatment as its preferred option without
adequately investigating either the impacts of incineration or other alternative methods
for dealing with residual waste and felt that 70% diversion before 2020 would be
achievable if concerted effort was put into reducing residual waste through enhanced
diversion which would end up requiring approximately the same amount of landfill for
the excess as would incineration for the ash produced. In summary, Ms. Meydam
suggested that there are better, safer, cleaner and more financially acceptable ways
to manage waste and that the peer review is essential for Clarington to get answers to
questions regarding incineration and the health, environmental and financial impacts
on the municipality if Clarington were to host the project. She urged Council to
approve the recommendations contained in Report PSD-070-07.
Council Meeting Minutes - 6 - May 28, 2007
Jim Richards addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study requesting Council to advise Durham Region that
Clarington is not a willing host community. He questioned how Council could entertain
the idea of a garbage incinerator as part of the vision for the municipality.
Mr. Richards feels if residents were aware of the true facts of incineration they would
turn down the scheme. He further stated that touring other countries’ facilities does
not bring us any closer to what we are doing with our garbage and that we must adopt
a more rigorous waste diversion program. Mr. Richards urged Council to send a
message to Durham Council that the Municipality of Clarington is not a willing host
community and that an enhanced waste diversion strategy should be aggressively
pursued.
In response to questions, Mr. Richards stated that clean alternatives to incineration
exist and that there are sites in Ontario that could be used in the short-term for landfill.
Alexandra Bennett, Executive Director, Precautionary Principle Canada, addressed
Council concerning Item 14 of Report #1 regarding the Municipal Peer Review and
other studies of the Durham/York Energy from Waste Environmental Assessment
Study. Through use of a PowerPoint presentation Ms. Bennett reviewed the impacts
of waste incineration on human health. She stated she has a background in nursing
and is concerned with the effect incineration would have on the health of the public.
Ms. Bennett stated emissions from incinerators are toxic and carcinogenic, noting
dioxin, the most toxic chemical, is emitted from incinerators and absorbed through the
skin. Ms. Bennett feels that domestic and industrial waste needs to be reduced and
that legal and financial mechanisms need to be implemented to increase the re-use of
packaging and products.
Barry Bracken addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study stating his mission here this evening is to urge
Council to say no to incineration due to the serious negative impact the emissions can
have on the health of all who directly breathe the air or consume the food from fish
and animals that have been exposed. Mr. Bracken feels focusing on a Zero Waste
Strategy is a much better alternative to incineration. He acknowledged that Regional
Councillors are opposed to landfills and clarified that by adopting a Zero Waste
Strategy is, in effect, also adopting a position against landfills. Mr. Bracken stated a
Zero Waste Strategy has benefits not offered by incineration including recycling,
reuse, repair, and composting and is estimated to save four times the energy
produced by an energy from waste facility. In summary, Mr. Bracken stated he
commends staff for recommending an independent review before proceeding further
down the road to incineration and suggested to Council that there is an opportunity to
show leadership by saying no to being a willing host and no to incineration.
Mr. Bracken referred Council to two websites www.no-burn.org and www.grrn.org for
further information.
Council Meeting Minutes - 7 - May 28, 2007
In response to a question, Barry Bracken advised he had not visited any Energy From
Waste Facilities recently.
Wendy Bracken addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study registering her objection to thermal treatment
facilities due to the impact on human health and environmental issues. She stated all
thermal treatment produces toxic emissions and she is appalled that Clarington
residents would be faced with 35 years of toxic discharge. Ms. Bracken commended
the Region for instituting the blue box and green bin initiatives and suggested that a
Zero Waste Strategy involving aggressive diversion tactics be investigated and
advised that she is looking to the Federal, Provincial and Municipal levels of
government for leadership. Ms. Bracken feels the Region needs to bring the
Environmental Assessment to a halt and to investigate all alternatives and that
Clarington Council needs to send a message to the Region that we will not be a willing
host community. Ms. Bracken urged Council to consider health issues as paramount
and to look to future generations as decisions made today will affect future
generations to come and to look to a Zero Waste Strategy.
Ron Hosein addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study requesting Council to identify Clarington as an
unwilling host as he feels the site selection process is flawed, technology has not
been decided and the environmental and public health costs have yet to be
determined. Mr. Hosein feels that Energy From Waste is a ‘waste of energy’ as
landfill is still required to dispose of fly ash and feels that the solution is to adopt a
Zero Waste Strategy and that the Region should put more energy into engaging the
public in refusing, reusing, reducing and recycling. He urged Council to think about
their vision for Clarington and a sustainable future.
Katie Clark advised prior to the meeting that she would not be speaking.
Yvonne Spencer addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study stating she was led to believe the only options were
landfill or incineration. Ms. Spencer stated she was opposed to having another stack
spewing toxins and questioned whatever happened to Clarington ‘Leading the Way’.
She feels that if an incinerator is built, recycling initiatives will not continue. She urged
Council to reconsider their position and take action to strive for zero waste.
Lucy Wunderlich addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study stating she is very concerned with what will happen
if Clarington accepts the proposed incinerator and feels if the public were aware of the
health risks of incineration, there would be many more people in attendance tonight.
Ms. Wunderlich discussed the health risks associated with incineration and
Council Meeting Minutes - 8 - May 28, 2007
questioned how many jobs would actually be created and questioned the sustainability
of the project as noting in 25 years, the incinerator would no longer be able to do its
job. Ms. Wunderlich suggested that we adopt a Zero Waste Policy achievable through
waste initiatives, policy and design and suggested Councillors review the Town of
Markham’s Mission Green Program. Ms. Wunderlich urged Council to move forward
in 2007 by saying no to the proposed incinerator in Clarington and put the concept of
zero waste into place and to advise the Region that Clarington is not a willing host.
Lucy Wunderlich responded to questions concerning the Town of Markham’s Mission
Green Program.
Karen Buck addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study stating she is the President of Citizens for a Safe
Environment (CSE), a coalition of individuals and ratepayers founded in 1983 to
address the issue of a proposed garbage burning incineratorin Toronto at that time.
She stated there are five common air pollutants that come from incinerators and fossil
burning and that they are responsible for premature death, respiratory and
cardiovascular diseases and that Council should count the cost of air pollution as a
cost to the community and to Ontario as a whole when considering this proposal.
Ms. Buck noted children, the elderly and the unborn are those who are most highly
impacted and that Council should consider the lowest possible impact on human life
as part of the decision-making process. Ms. Buck stated Citizens for a Safe
Environment are advocating a Zero Waste Strategy and that increased diversion and
composting with reduced waste disposal is preferred.
Cathrine McKeever addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study in opposition to the recommendations contained in
Report PSD-070-07. Ms. McKeever feels that the process should have started with
an invitation to the Region and the consultants to attend a meeting to explain their
methods to staff and provide an opportunity to address staff’s concerns as she feels
the recommendations in the report represent a personal bias on the part of staff.
Ms. McKeever highlighted various sections of the report stressing on two items: “the
fact that people don’t like the end result nor the project doesn’t mean the process was
wrong” and “that the approval of actions in Report PSD-070-07 is not due diligence on
the part of Council but negligence”. Ms. McKeever responded to claims regarding the
waste diversion rate for the Town of Markham but feels the rate is slightly misleading
as Markham now collects organics which reduced their waste by 35-50% and
increased their recycling by that same amount. She further stated that Markham still
has residual waste shipped to landfill in Michigan. Ms. McKeever stated she prefers
to have an incinerator equipped with scrubbing technologies as opposed to a
“stabilized” landfill, a term implying superiority over a regular “dump”, which results in
leaks and produces toxic gases resulting in unfiltered dioxins being spread and feels
that land should be reclaimed, not used to store more garbage.
Council Meeting Minutes - 9 - May 28, 2007
Jason Gibson addressed Council concerning Item 14 of Report #1 regarding the
Municipal Peer Review and other studies of the Durham/York Energy from Waste
Environmental Assessment Study stating Clarington is a community with a rich
agricultural heritage. He feels that as a prime agricultural zone, the municipality
should not be considered as a host site for an Energy From Waste facility. Mr. Gibson
feels that if the Region does not come to this same conclusion, we must encourage
Clarington residents to speak out. He feels it is irresponsible to contaminate our fresh
water supply as an incinerator is not a healthy alternative.
Mr. Gibson further stated that the Federal and Provincial governments should be
lobbied to educate the public and to make changes to deal with packaging at the
source.
Resolution# C-293-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 10:00 p.m.
COMMUNICATIONS
Resolution #C-294-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information be approved.
“CARRIED”
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
A01.SA Committee dated May 8, 2007.
I - 2 Minutes of the Clarington Museums and Archives Board dated
A01.CL April 11, 2007.
I - 3 Minutes of the Clarington Accessibility Advisory Committee dated
A01.CL May 2, 2007.
I - 4 Minutes of the Clarington Traffic Management Advisory Committee
A01.CL dated April 19, 2007.
Council Meeting Minutes - 10 - May 28, 2007
I - 5 Minutes of the Central Lake Ontario Conservation Authority dated
A01.CE May 15, 2007.
I - 6 Gordon Lee, Chair, Newcastle Memorial Arena Management Board,
F11.GE thanking Council for approving their Grant Application for 2007,
which will enable the Board to continue providing social and
recreational activities for both residents of the community and visitors
and to assist in directing improvements and added services at the
arena.
I - 7 Kim Coates, Clerk, Township of Scugog, advising Council that on
C10.GE May 7, 2007, the Township of Scugog endorsed the following
resolution of the Kawartha Conservation Authority regarding The
Clean Water Act:
“RESOLVED, that, Kawartha Conservation submit comments on the
draft regulations under the Clean Water Act to advocate for two
municipal representatives (one Kawartha and one Haliburton) on the
source protection committee; and
THAT this resolution be copied to the affected municipalities for their
consideration and support.”
I - 8 P. Madill, Regional Clerk, Regional Municipality of Durham, advising
C10.GE Council that on May 9, 2007, the Region of Durham passed the
following resolution pertaining to the architectural agreement for the
design, tender and contract administration of the Clarington
Emergency Medical Services Facility:
“a) THAT the firm of Totten Sims Hubicki Associates (TSH) be
awarded the assignment for the design, completion of the
contract drawings and documents, contract administration, site
supervision, servicing and site development for the Clarington
Emergency Medical Services (EMS) facility in the Municipality of
Clarington at a fee not to exceed $80,000 including
disbursements (before applicable taxes);
b) THAT the Regional Chair and Clerk be authorized to execute the
agreement; and
c) THAT a copy of Report No. 2007-W-35 of the Commissioner of
Works be forwarded to the Municipality of Clarington.”
Council Meeting Minutes - 11 - May 28, 2007
I - 9 Kathy Stranks, Manager, Chair and CAO’s Office, Toronto and
L11.GE Region Conservation for the Living City (TRCA), advising Council
that on April 27, 2007, TRCA passed the following resolution
pertaining to The Clean Water Act, 2006:
“THAT the Environmental Bill of Rights (EBR) comments by Toronto
and Region Conservation Authority (TRCA) in Attachment 1 be
endorsed;
THAT the comments be forwarded to Conservation Ontario and
provided to the chair and mayors of the CTC (Credit Valley
Conservation, Toronto and Region Conservation Authority and
Central Lake Ontario Conservation Authority) watershed region
municipalities;
AND FURTHER THAT TRCA, on behalf of the CTC watershed
region, advise the Ministry of the Environment directly of our
comments after consideration of the consolidated comments to be
prepared by Conservation Ontario.”
I - 10 Cheryl Tennisco, Committee Secretary, Clerk’s Department,
C12.DU Regional Municipality of Durham, advising Council that on April 25,
2007, the Durham Region Transit Executive Committee passed the
following resolution pertaining to revisions to the Durham Region
Transit Advisory Committee Terms of Reference and appointment of
members:
“a) i) THAT membership for the Durham Region Transit Advisory
Committee (TAC) be expanded to include two representatives
from the Region of Durham’s Accessibility Advisory
Committee; and
ii) THAT as per the direction of the Accessibility Advisory
Committee, at their meeting held on April 24, 2007, the
following two nominees from the Accessibility Advisory
Committee be appointed:
- Roberta Atkinson; and
- Mary Sutherland.;
b) THAT Sections 2.1, 2.2, 2.3, 2.4, 2.5, 2.8, 2.10 and 2.11 of the
Terms of Reference for the Durham Region Transit Advisory
Committee (TAC), as outlined in Report 2006-DRT-19
approved by the Durham Region Transit Commission on May
10, 2006, be revised to reflect the delegation of responsibility
for TAC to the Durham Region Transit Executive Committee
(Executive Committee);
Council Meeting Minutes - 12 - May 28, 2007
c) THAT Section 2.4 of the Terms of Reference be further
revised to:
i) increase the membership on TAC to eighteen (18)
members to reflect the addition of two representatives from
the Region of Durham’s Accessibility Advisory Committee;
ii) provide for a quorum for TAC meetings to consist of half of
the sitting TAC (voting) members plus one;
iii) change “Durham Access Committee (DAC)” to “Disability
Action Committee (DAC)”;
iv) change UOIT/Durham College’s “Student Activity Council”
to “Student Association at Durham College, UOIT (SA);
and
v) provide for the appointment of members to coincide with
the four year term of Regional Council and until such time
as new appointments are made;
d) THAT Section 2.5.1 of the Terms of Reference be revised by
removing the words “In the event that an expression of
interest is not received by an area municipality, Durham
Region Transit will increase the number of Members at Large
nominated for appointment by the Commission to achieve full
representation of sixteen members” and replacing them with
the words “Should a municipality not receive an application for
appointment to TAC, then the appointment for that
municipality will remain vacant for the Committee term.”;
e) THAT Section 2.8.1 of the Terms of Reference be amended
by removing the words “TAC will establish a bi-monthly
meeting schedule” and replacing them with the words “TAC
meetings will follow a six-week cycle with a break for summer
recess.”;
f) THAT the following appointments to TAC be approved and
confirmed for this Term of Council and until such time as new
appointments are made:
Item Nomination Received From: Appointment:
a) Town of Ajax Caryn Antram
b) Township of Brock Robert Weafer
c) Municipality of Clarington Arthur Jennings
d) City of Oshawa Paul-Andre Larose
Council Meeting Minutes - 13 - May 28, 2007
e) City of Pickering Tracy Paterson
f) Township of Scugog Penny Pettypiece
g) Disability Action Committee Druce Ayres
Margaret Reaney
h) Student Association at Fraser McArthur
Durham College, UOIT (SA)
i) Durham Region Transit
Commission Chair or
Designate
g) THAT Heather Holdgate and Adrian Lambert be appointed as
Members at Large;
h) THAT all successful nominees be advised of their
appointment to the 2007-2010 term of TAC; and
i) THAT a copy of Report 2007-DRT-05 be forwarded to the
Area Municipalities for information.”
I - 11 Martha A. Pettit, Manager of Legislative Services/Deputy Clerk,
C10.GE Town of Ajax, advising Council that on May 14, 2007, the Town of
Ajax passed the following resolution pertaining to self-serve gas
stations:
“THAT correspondence from the Municipality of Clarington be
forwarded to the Accessibility Advisory Committee for review and
recommendation.”
I - 12 Kim Coates, Clerk Township of Scugog, forwarding correspondence
C10.GE to the Honourable Stephen Harper, Prime Minister of Canada,
advising that the Council of the Township of Scugog, at a meeting
held May 14, 2007, adopted the Municipality of Clarington’s
resolution regarding accessibility at self serve gas stations.
I - 13 The Honourable John Gerresten, Minister of Municipal Affairs and
L11.GE Housing advising that sections of the Municipal Statute Law
Amendment Act, 2006, concerning closed meeting investigators and
adoption of policies will be proclaimed into force on January 1, 2008.
These sections were delayed at the request of stakeholders in the
municipal sector to provide municipalities with an opportunity to
develop polices required for notice, delegation of powers and sale of
land and to prepare for investigation of complaints regarding closed
meetings.
Council Meeting Minutes - 14 - May 28, 2007
CORRESPONDENCE FOR DIRECTION
Resolution #C-295-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 1, D - 7 and D - 8.
“CARRIED”
D - 2 Garth Gilpin, Secretary-Treasurer and General Manager,
A01.BO Bowmanville Business Centre, advising of the appointment of Rose
Turner,
Barbara Patterson and Jan Moffatt to the Board of Management to fill
vacant seats on the Board.
(Appointed and appropriate by-law be
passed)
D - 3 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage
M02.GE Trust, inviting Council to participate in the 2007 Heritage Community
Recognition Program by submitting nominations of individuals or
small project groups for recognition in the categories of preservation
of built, cultural or natural heritage or heritage garden conservation;
Lifetime Achievement (period of 20 to 24 years) or the Lieutenant
Governor’s Ontario Heritage Award (period of 25 years or more) and
advising the nomination deadline is August 3, 2007.
(Correspondence referred to the
Municipal Clerk to place a notice in the
local newspapers)
D - 4 Patti Ashbridge, Program Assistant, Heart & Stroke Foundation –
M02.GE Durham Region Office, requesting permission to hold their annual
Heart and Stroke Big Bike fundraising Event on Monday,
June 18, 2007, from the host site at Kelsey’s Restaurant, enclosing
the route map and advising road occupancy permits have been
applied for, a police escort has been arranged, and liability insurance
coverage is in place.
(Approved provided the organizer’s
apply for and obtain a Road Occupancy
Permit)
Council Meeting Minutes - 15 - May 28, 2007
D - 5 Andrew Reefer requesting permission to hold a fireworks display on
M02.GE June 2, 2007, at his residence in Bowmanville, as part of a family
birthday celebration.
(Approved provided the fireworks are
set off by an individual of at least
18 years of age)
D - 6 Marlaine Koehler, Executive Director, Waterfront Regeneration Trust,
M02.GE extending an invitation to Council to attend “The Trail Ahead”
Waterfront Conference and Trail Ride on September 19 and 20,
2007, forwarding a copy of the new Mapbook of the Waterfront Trail
and Greenway detailing the Waterfront Trail from Niagara to Quebec
along the Canadian Shores of Lake Ontario and the St. Lawrence
River and requesting Council to proclaim September 20, 2007, as
“Waterfront Trail and Greenway Day”.
(Proclaimed)
D - 1 Councillor Robinson, requesting permission to close the Bond Head
M02.GE Parkette on July 1, 2007, from 6:00 p.m. to 11:00 p.m. for the second
annual fireworks display sponsored by Kaitlin Development.
Resolution #C-296-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT the request to close the Bond Head Parkette on July 1, 2007, from
6:00 p.m. to 11:00 p.m. for the second annual fireworks display sponsored by
Kaitlin Development be approved.
“CARRIED”
D - 7 Martha A. Pettit, Manager of Legislative Services/Deputy Clerk,
C10.GE Town of Ajax, advising Council that the Town of Ajax, at a meeting
held May 14, 2007, passed the following resolution:
“WHEREAS necessary changes to the Town of Ajax ward
boundaries and possible changes to Council composition for the
2010 regular municipal elections are affected significantly by the
number of Town of Ajax representatives on the Council of the
Regional Municipality of Durham; and
Council Meeting Minutes - 16 - May 28, 2007
”WHEREAS 2006 Statistics Canada Census population statistics for
Durham Region and the Regional Municipality of Durham’s own
population forecasts indicate that the current composition of Region
Council is not representative of the populations in the Region’s
lower-tier municipalities; and
WHEREAS the Town of Ajax has the highest population per Region
Council member in the entire Region;
BE IT RESOLVED THAT the Council of the Regional Municipality of
Durham undertake immediately a review of census information and
population forecasts and initiate the process required to approve
changes to the composition of Region Council as outlined in the
Municipal Act, 2001, as amended; and,
THAT, to allow lower-tier municipalities to complete their own
reviews and approve council composition and/or boundary changes
by December 31, 2009 in order that all desired changes will be in
effect for the 2010 regular elections, any changes to the composition
of the Council of the Regional Municipality of Durham be approved
no later than December 31, 2008; and,
THAT the Region’s review be guided by a committee comprised of
the Region Chair and Mayors, or their designates; and,
THAT, commencing with the 2010 regular municipal elections,
Option 2 in appendix ‘B’ to this report be recommended as the
preferred composition of the Council of the Regional Municipality of
Durham,
THAT the Region of Durham adopt a policy requiring a review of
Council representation and composition immediately following the
publishing of the comprehensive national census population statistics
every ten years; and
THAT all Durham Region municipal councils be requested to
endorse this resolution.”
Resolution #C-297-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT Correspondence Item D - 7 be received for information.
“CARRIED”
Council Meeting Minutes - 17 - May 28, 2007
D - 8 Confidential correspondence regarding a legal matter.
L02.RO
Resolution #C-298-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D - 8 be referred to the end of the agenda to be to
be considered during the “closed” session of Council.
“CARRIED”
MOTION
NOTICE OF MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report May 22, 2007.
Resolution #C-299-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the General Purpose and Administration Committee Report of May 22, 2007 be
approved, with the exception of Item #14.
“CARRIED”
Council Meeting Minutes - 18 - May 28, 2007
Item #14
Resolution #C-300-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT Report PSD-070-07 be referred back to staff for clarification of costs.
“MOTION LOST ON THE
FOLLOWING RECORDED VOTE”
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
Resolution #C-301-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report PSD-070-07 be received;
THAT Staff be instructed to carry out the requirements of Resolution #C-211-07 by
preparing the studies in accordance with the scope of work set out Report
PSD-070-07;
THAT Mr. Steven Rowe be retained to undertake the scope of work as outlined in
Section 4.2 (Site Selection) and Section 4.4 (Gap Analysis) of Report PSD-070-07,
and further to advise on the scope of work set out in Section 5.1 (Oversight of
Technology Procurement Process) and 5.2 (Potential Environmental Effects) of
Report PSD-070-07;
THAT SENES Consultants Limited be retained to undertake the scope of work as
outlined in Section 5.1 (Oversight of Technology Procurement Process) of Report
PSD-070-07, and further to assist with the scope of work set out in Section 5.2
(Potential Environmental Effects) of Report PSD-070-07;
THAT AMEC E&C Services Ltd. be retained to undertake the scope of work as
outlined in Section 5.2 (Potential Environmental Effects) of Report PSD-070-07;
Council Meeting Minutes - 19 - May 28, 2007
THAT C.B. Richard Ellis Ltd. be retained to undertake the scope of work set out in
Section 6.1 (Impact on Clarington Energy Business Park) and Section 6.2 (Impact on
Assessment Base) of Report PSD-070-07 and further to assist with the scope of work
set out in Section 6.3 (Community Stigma);
THAT the Director of Finance be authorized to retain a multi-disciplinary accounting
firm to undertake the scope of work set out in Section 6.3 (Community Stigma) and
Section 6.4 (Host Community Agreement) of Report PSD-070-07;
THAT the Municipal Solicitor and Consulting Engineer (Totten Sims Hubicki) provide
information, professional opinion, estimates and advice as deemed appropriate;
THAT the Directors of Finance and Planning Services be instructed to strike a
committee comprised of Clarington staff and consultants similar in composition to the
Region of Durham's committee in order to facilitate discussions related to the Host
Community Agreement;
THAT the Directors of Finance and Planning Services be instructed to take any
additional actions or retain any additional consultants deemed necessary to ensure
the Municipality has carried out its due diligence;
THAT the Region be requested to work in cooperation with Clarington Staff to improve
the public engagement process as noted in Section 4.3 and the Air Shed Study
process as noted in Section 5.2;
THAT the Purchasing By-Law 2006-127 be waived;
THAT the Director of Planning Services and the Director of Finance be authorized to
negotiate and approve contracts with the consultants deemed necessary to complete
the due diligence for the Municipality as identified in Report PSD-070-07;
THAT Council authorize the Mayor and Clerk to sign the necessary by-laws to engage
the consultants and execute the contracts deemed satisfactory by the Director of
Planning Services and the Director of Finance;
THAT the peer reviews and studies referenced in Report PSD-070-07 be deemed to
be part of the "necessary studies" to complete due diligence as referenced in the
motion approved by Durham Region Council on April 18, 2007, and that the Director
of Finance be directed to recover these due diligence costs from the Region of
Durham as set out in their motion;
THAT Staff report regularly to Council on the progress and findings of the peer
reviews and analyses being undertaken, and the Host Community Agreement
discussions; and
Council Meeting Minutes - 20 - May 28, 2007
THAT all interested parties be notified of Council’s decision including the Regions of
York and Durham Councils and the Joint Waste Management Committee.
“CARRIED AS AMENDED
LATER IN THE MEETING”
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-302-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the foregoing Resolution #C-301-07 be amended by adding after the words
‘Host Community Agreement’ in the ninth paragraph, the following: ‘on a without
prejudice basis to the Municipality’s decision on whether to be a willing host.’
“CARRIED”
Resolution #C-301-07 was then put to a vote and “CARRIED AS AMENDED ON THE
FOLLOWING RECORDED VOTE”
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
UNFINISHED BUSINESS
Resolution #C-303-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Glenda Gies and Jonathan Hill, Co-Chairs, St. Marys Cement Community
Relations Committee, be thanked for providing Council with the Committee’s Annual
Report.
“CARRIED”
Council Meeting Minutes - 21 - May 28, 2007
Resolution #C-304-07
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the delegation of Jane Eccles and Jean Michel Komarnicki be received with
thanks.
“CARRIED”
OTHER BUSINESS
Resolution #C-305-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the Rules of Order be suspended to allow for introduction of a motion to request
the Region to hold another public information centre on Energy From Waste.”
“MOTION LOST”
(¾ Majority Required)
Councillor Foster presented Mayor Abernethy with a book from the Muslim Society
entitled “Revelation Rationality Knowledge and Truth” by Mirza Tahir Ahmad.
BY-LAWS
Resolution #C-306-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2007-106 to 2007-123, inclusive, and
that the said by-laws be now read a first and second time.
“CARRIED”
2007-106 Being a by-law to adopt the estimates of all sums required during
the year and to strike the rates of taxation for Municipal Purposes
for the year 2007
2007-107 Being a by-law to amend By-law 91-58, as amended, being a
by-law to Regulate Traffic on Highways, Municipal and Private
Property in the Municipality of Clarington
2007-108 Being a by-law to adopt Amendment No. 56 to the Clarington
Official Plan (Susan Woodley)
Council Meeting Minutes - 22 - May 28, 2007
2007-109 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Susan Woodley)
2007-110 Being a by-law to exempt certain portions of Registered Plans
40M-2220 and 40M-2226 from Part Lot Control
2007-111 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Eiram Development Corporation)
2007-112 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Halminen Urban Communities Inc.)
2007-113 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Intracorp Developments Ltd.)
2007-114 Being a by-law to authorize entering into an Amending Agreement
with the Owners of Plan of Subdivision 18T-87087 and any
Mortgagee whom has an interest in the said lands, and the
Corporation of the Municipality in respect of 18T-87087 (Intracorp
Developments Ltd.)
2007-115 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Gary and Donna Arnott)
2007-116 Being a by-law to amend By-law 2005-145, a by-law respecting
the appointment of a Chief Building Official, Building Inspectors,
Plumbing Inspectors and Fire Safety Inspectors
2007-117 Being a by-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington
2007-118 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Cobourg Development Services,
Cobourg, Ontario for the Sanitary Forcemain for the Newcastle
Recreation Complex
2007-119 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Miller Paving Limited, Markham,
Ontario to enter into agreement for the King Street Bridge
Rehabilitation, Bowmanville, Ontario
Council Meeting Minutes - 23 - May 28, 2007
2007-120 Being a by-law to close Part of the Road Allowance between
Concession 1 and Broken Front Concession, Darlington,
designated as Part 3 on Plan 40R-24789, Clarington, as a public
highway pursuant to section 34 of the Municipal Act, 2001, S.O.
2001, c.25, as amended
2007-121 Being a by-law to declare surplus Part of the Road Allowance
between Concession 1 and Broken Front Concession, Darlington,
designated as Part 3 on Plan 40R-24789, Clarington, pursuant to
By-Law 95-22
2007-122 Being a by-law to authorize the Mayor and Municipal Clerk on
behalf of the Municipality of Clarington to authorize the transfer to
William Smith Colville, Juan Carol Colville, and John Alexander
Colville
2007-123 Being a By-law to authorize the purchase agreement between the
Corporation of the Municipality of Clarington and Angela Elizabeth
Brown and Richard Vanbeek, in respect to the purchase of Part1
on Plan 40R-24789, Clarington, former Town of Bowmanville
Resolution #C-307-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the third and final reading of By-laws 2007-106 to 2007-123, inclusive, be
approved.
“CARRIED”
Resolution #C-308-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the meeting be “closed” to consider Correspondence Item D - 8.
“CARRIED”
The meeting resumed in open session at 10:51 p.m.
Council Meeting Minutes
- 24-
May 28, 2007
~
Resolution #C-309-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the actions taken during the "closed" session of Council be ratified.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-31 0-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2007-124 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
28th day of May, 2007, and that the said by-law be now read a first and second time.
"CARRI ED"
'--"
Resolution #C-311-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the third and final reading of By-law 2007-124 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-312-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 10:53 p.m.
"CARRIED"
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