HomeMy WebLinkAbout06/25/2007
Council Meeting Minutes
JUNE 25, 2007
Minutes of a regular meeting of Council held on June 25, 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: Chief Administrative Officer, F. Wu
Executive Assistant to the Mayor, L. Bruce, attended until 7:47 p.m.
Director of Engineering Services, T. Cannella, attended until 12:41 a.m.,
Tuesday, June 26, 2007
Manager of Communication and Marketing, J. Cooke, attended
until 7:47 p.m.
Director of Community Services, J. Caruana, attended until 12:41 a.m.,
Tuesday, June 26, 2007
Director of Planning Services, D. Crome, attended until 2:00 a.m.,
Tuesday, June 26, 2007
Solicitor, D. Hefferon
Manager of Operations, F. Horvath, attended until 12:41 a.m.,
Tuesday, June 26, 2007
Acting Community Co-ordinator, H. Lynch, attended until 7:47 p.m.
Director of Corporate Services, M. Marano, attended until 12:41 a.m.,
Tuesday, June 26, 2007
Director of Finance/Treasurer, N. Taylor, attended until 12:41 a.m.,
Tuesday, June 26, 2007
Fire Chief, G. Weir, attended until 12:41 a.m., Tuesday, June 26, 2007
Administrative Assistant to the Clerk, C. Fleming, attended until 12:41 a.m.,
Tuesday, June 26, 2007
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Hooper indicated he would be stating a pecuniary interest with respect to
Report # 1 Item 10 and Report #4.
Council Meeting Minutes - 2 - JUNE 25, 2007
Councillor Novak indicated she would be stating a pecuniary interest with respect to
Correspondence Item I - 6.
Councillor Woo indicated he would be stating a pecuniary interest with respect to
Report #6.
Mayor Abernethy indicated he would be stating a pecuniary interest with respect to
Correspondence Items D - 3 and D - 8 and Item 1 of Unfinished Business - Addendum
#2 to Report CLD-020-07.
MINUTES
Resolution #C-343-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on June 11, 2007, be
approved.
“CARRIED”
PRESENTATIONS
Mayor Abernethy introduced and welcomed Brycen Snowden, a Grade 6 student from
M. J. Hobbs Public School, who will be “Mayor for the Day”. Mayor Abernethy advised
that the “Mayor for the Day” is a donation made to the Bethesda House annual
fundraising event and that Brycen’s grandmother, Gail Willoughby, had successfully
bid on it. Mayor Abernethy stated Brycen will be returning in September to fulfill his
duties as “Mayor for the Day”.
Mayor Abernethy welcomed students, parents and the public to the presentation of the
Sixth Annual “Awards for Academic Excellence”.
Linda Bruce, Executive Assistant to the Mayor presented the 2007 Awards for
Academic Excellence to Local Students.
Sheacknowledged the following students who were unable to attend tonight’s Council
meeting due to family commitments or conflicting schedules with their school
graduation ceremonies and who had previously received their awards:
Christine Verwoerd - Durham Christian High School
Sharon Trauzzi - Mother Teresa Elementary School
Alex Drever - St. Joseph's Elementary School
Amy Hutchinson - Dr. G.J. MacGillivray Public School
Emily Giguere - Lydia Trull Public School and
Caitlin Warden - S.T. Worden Public School.
Council Meeting Minutes - 3 - JUNE 25, 2007
Linda Bruce advised the student receiving the award for Clarington Central Secondary
School is Justin Buyukozer. Justin was unable to attend the event this evening, but
will be receiving his award at his graduation ceremony on November 2, 2007.
Mayor Abernethy congratulated this year’s recipients and presented plaques to the
following graduating students from Clarington Elementary Schools:
Kasia Kalyk - Knox Christian School
Jordan Bussanich - Good Shepherd Elementary School
Melissa Szopa - Monsignor Leo Cleary Elementary School
Maddison Bibby - St. Elizabeth Elementary School
Tanya Bandula-Irwin - St. Francis of Assisi Elementary School
Courtney Pender - St. Stephens Elementary School
Amanda Wilkins - Bowmanville Senior Public School
Meaghan Sherban - Courtice North Public School
Kaitlyn Humphrey - Dr. Emily Stowes Public School
Dylon Shaw - Dr. Ross Tilley Public School
Carleen Lawson - Harold Longworth Public School
Adam Taylor - John M. James Public School
Tayler Benko - M.J. Hobbs Senior Public School
Amanda Connolly - The Pines Senior Public School, and
Stephanie Spencer - Waverly Public School
Mayor Abernethy congratulated this year’s recipients and presented plaques and
cheques to the following graduating students from Clarington Secondary Schools:
Meagan Douglas - St. Stephens Secondary School
Colleen Bathe - Holy Trinity Secondary School
Melissa Anyan - Bowmanville High School
Jessica Abraham - Clarke High School
Kaitlyn Majesky - Courtice Secondary School
Kiloran German, Member, Ontario Heritage Trust Board of Directors, addressed
Council on behalf of the Honourable Lincoln M. Alexander, Chair of the Ontario
Heritage Foundation, to honour three Clarington citizens as part of the Heritage
Community Recognition Program.
Kiloran German recognized the achievements of Jim and Margaret Coombes, award
recipients in the Built Heritage Category, for their efforts in preserving and restoring a
fieldstone farmhouse constructed in the 1800’s and for being instrumental in bringing
about changes to Ministry of Transportation procedures regarding relocation of
heritage buildings potentially in the route of the proposed Highway 407. Ms. German
provided a brief history of the Cole family property originally located at 5690 Acres
Road and its significance to the Coombes’ family. She stated the farmhouse was
purchased by Jim and Margaret Coombes and in 2004, was relocated to its new
location at 4675 Bethesda Road. Ms. German noted Jim and Margaret Coombes
Council Meeting Minutes - 4 - JUNE 25, 2007
have since been painstakingly restoring the house to its former glory. In March, 2005
the Coombes’ requested Council to designate the house under Part IV of the Ontario
Heritage Act. Ms. German commended Jim and Margaret Coombes for contributing
to the preservation of Clarington’s built heritage and presented them with a framed
certificate and Ontario Heritage Foundation Achievement Pins.
Kiloran German recognized the achievements of Myno Van Dyke, the award recipient
in the Cultural Heritage Category, for his significant contribution to the preservation of
the cultural heritage of Clarington. Ms. German noted Myno Van Dyke has been an
active member of the Newcastle Village and District Historical Society, written a
significant number of articles on local history, is a member of the Clarington Museum
and Archives Board and has devoted a considerable amount of time to organizing
local cultural heritage events. Mr. Van Dyke’s most recent endeavour was seeking
the designation of the Walbridge house in Newcastle Village as a cultural heritage
resource. His expertise in cultural history also includes automobiles. Mr. Van Dyke’s
goals and achievements make him an outstanding volunteer in the protection of
Clarington’s cultural heritage. Ms. German commended Myno Van Dyke for
contributing to Clarington’s cultural heritage and presented him with a framed
certificate and an Ontario Heritage Foundation Achievement Pin.
Kiloran German credited Mayor Abernethy and Members of Council for their
leadership and efforts with respect to heritage preservation and presented all
Members of Council with an Ontario Heritage Foundation pin. She urged Council to
use their influence with the Provincial Government to help restore funding to
community groups and heritage, and to understand the importance of heritage to
quality of life. Ms. German reminded Council that all decisions made today will
influence the future generations.
Mayor Abernethy presented Maurice Richards with the 2007 Senior of the Year
Award. Mayor Abernethy acknowledged Mr. Richards’ many years of voluntary
service to the community through local youth bowling and hockey programs and his
involvement in fundraising events for community service projects. Mayor Abernethy
advised that Mr. Richards has been a dedicated member of the Bowmanville Lions
Club for many years and currently is the President of the Board of Directors of the
Clarington Older Adult Association.
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Inspector Charlie Green, 16 Division, and Superintendent Bob Chapman, Durham
Regional Police Service, addressed Council to provide an update from the Durham
Regional Police Service (DRPS). Inspector Green advised of the change in command
of DRPS last week and extended regrets from incoming Police Chief Mike Ewles who
was unable to attend tonight’s meeting due to a scheduling conflict. Inspector Green
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stated DRPS is investigating a new station for 16 Division and are in the process of
reviewing sites this year with construction anticipated to take place next year.
Inspector Green provided a review of plans and initiatives currently being undertaken
by DRPS, including the Community Patrol Plan, and highlighted areas of importance.
He noted traffic is the number one cause of criminal death in Canada and that DRPS
will be requesting funds in next year’s budget for more radar equipment.
Council Meeting Minutes - 5 - JUNE 25, 2007
Inspector Green stated a major focus will be in directing patrol to high collision areas
and that DRPS will be pushing for photo radar and red light cameras to help minimize
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injuries and death. He also informed Council of the new officer in 16 Division
assigned to work as a Liaison Officer with local high schools and that another area of
focus will be addressing property crime throughout Clarington. Inspector Green
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expressed appreciation to Officers from 16 Division who were responsible for road
patrol during last week’s funeral for Trooper Darryl Caswell.
Superintendent Bob Chapman responded to questions regarding staffing issues. He
advised DRPS are conducting a patrol staffing analysis plan which is expected to be
concluded this fall that will address the issue of proactive policing activities.
Glenn Rainbird, O.C., Chair, and David Clark, CMA, Executive Vice President & CFO,
Secretary-Treasurer, Veridian Corporation, addressed Council reporting on the results
of Clarington’s investment in Veridian Corporation. Glenn Rainbird reviewed the
corporate governance structure and provided an overview of the Board’s perspective
on how they are governing. He noted Veridian Connections Inc., their subsidiary
electricity distribution company, now has its own separate Board of Directors
independent of the Board of Veridian Corporation. Mr. Rainbird advised of the
balancing act that must be achieved in order for the Corporation to make a profit,
while serving and protecting the interests of their customers, and responding to
changes, challenges and conflicting goals among their shareholders and communities.
Mr. Rainbird stated Veridian Corporation is financially sound and well-positioned for
the future. He highlighted Veridian’s outstanding safety record and Veridian’s
dedication to growing the municipality’s investment and their continued commitment to
earning Council’s support and the support of the community.
Dave Clark advised he was pleased to present a good news report to the
shareholders of Veridian, indicating this is the best annual financial report he has ever
presented. Mr. Clark stated the decision by Council in 1999 to become a part of
Veridian was a very good decision as the Corporation has set a record year in 2006
with a net income of $9 million dollars without compromising safety because of
financial success. He stated Veridian rates are lower than average, and that service
and reliability is better than Clarington Hydro was able to provide. Mr. Clark
summarized by stating the annual report highlights outstanding shareholder return,
impressive growth and strong community participation.
Mayor Abernethy recognized Howie Edmonston, Veridian Board Member representing
Clarington in attendance at tonight’s meeting.
Laurie Swami, Director of Licensing, Nuclear Generation Development & Services,
Ontario Power Generation – Darlington B Nuclear Generating Station, addressed
Council to provide an update on the Darlington B New Nuclear Build. Through the use
of a PowerPoint presentation, Ms. Swami provided an overview of the Federal
Approval process for new nuclear power plants, highlighted major attributes of the
Darlington Nuclear site, reviewed the scope of the project including the preparation of
the site for construction, operation and maintenance of up to four nuclear reactors and
Council Meeting Minutes - 6 - JUNE 25, 2007
associated facilities for approximately 60 years of full power electricity; the
construction, operation and maintenance of appropriate nuclear waste management
facilities; and, preliminary planning for decommissioning and abandonment of the
nuclear reactors and associated facilities. Ms. Swami outlined timelines associated
with the project and reviewed reactor technology and condenser cooling alternatives.
She stated the preferred technology and the exact location of the site have not yet
been determined. Ms. Swami advised a major part of the project is to involve the
public, noting Ontario Power Generation is in the process of planning open houses to
solicit comments from the public. She noted they are in the first phase of the project
and it will be a lengthy process before a new plant will be in service. Ms. Swami
thanked Council for providing OPG with the opportunity to provide an update and
stated OPG would be pleased to update Council throughout the process. Ms. Swami
advised of the website to access www.opg.com/newbuild for further information.
In response to a question, Laurie Swami advised there is a meeting tomorrow
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evening, June 26, from 7:00 p.m. to 9:00 p.m. at LaGala in Whitby which is open to
the public and at which representatives from OPG will be in attendance to answer
questions.
Resolution #C-344-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the Rules of Order be suspended to allow Martha Rutherford-Conrad to
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address Council concerning Orono’s 175 Anniversary Celebration.
“CARRIED”
DELEGATIONS
Resolution #C-345-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Rob Howe, George Van Dyk, Tenzin Gyalston and Wayne Ellis be added to the
list of delegations.
“CARRIED”
John Morand, Global Emissions Systems Inc. addressed Council to speak to the
Federation of Canadian Municipalities (FCM) “Partners in Climate Protection”
Program, a program established to support municipal government in their commitment
to reduce greenhouse gas emissions at the corporate and community level and to
introduce Canadian technology developed by Global Emissions systems Inc. that
effectively deals with emissions from combustion engines. Through the use of a
PowerPoint presentation, Mr. Morand highlighted a series of best practices which
would help the Municipality reduce the carbon footprint and suggested several
Council Meeting Minutes - 7 - JUNE 25, 2007
recommendations that will produce measurable results; while having a positive impact
on the budget. Mr. Morand requested Council to permit staff to meet with Global
Emissions Systems Inc. and Caledon Propane to further discuss how to achieve the
requirements of the FCM program.
In response to a question, Mr. Morand advised they have installed units in Markham,
Vaughan and Burlington.
Mayor Abernethy advised there will be a Public Information Centre tomorrow,
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June 26, at the Garnet B. Rickard Centre from 4:00 p.m. until 8:00 p.m. regarding the
407 East Environmental Assessment, noting the results of the evaluation of the
refined route alternatives will be presented along with a technically recommended
route.
Tom Cauchon and Chigweyaru Agbaru addressed Council concerning Item 11 of
Report # 1 - Offer of Compensation and Notice Requiring respecting the Expropriation
of Lands for Bowmanville Waterfront District Park. Ms. Agbaru requested they be
permitted to remain in their home until the end of January, as the offer of
compensation they have received is not satisfactory and they will require more time to
find to a suitable replacement for their property.
Robert Bouley addressed Council advising he lives on Concession Road 5 and the
entrance to the field east of his property was not replaced following construction on
the road ten years ago. Mr. Bouley stated he requires an entrance to the field so that
he can access the south farm. Mr. Bouley stated he has been attempting to get this
situation fixed for over two years and is now appealing to Council to direct staff to do
the work that is necessary to rectify the problem. Mr. Bouley advised Susan Bouley
would not be addressing Council at this time.
Aiden Tombs, Emily Manns, and Kimberley Dewing - Students Against Global
Warming, addressed Council to provide suggestions they feel the municipality could
do to address global warming. Aiden Tombs feels the issue of car idling needs to be
investigated and dealt with. He noted the municipality’s response to his suggestion to
pass an anti-idling by-law was that it would be too hard to enforce. Mr. Tombs feels
an anti-idling by-law could be enforced similar to the enforcement of illegal parking.
Kimberley Dewing stated there is a lot of dirt being moved around in the Baseline
Road area but that nothing seems to be constructed. The resulting pollution is
harmful to human health. Emily Manns feels the municipality should require each
household to have a certain number of energy-efficient light bulbs and that this be
enforced in the same manner as the smoke detector by-law. The students requested
the municipality to take action to help current and future generations by creating by-
laws and distributing information on ways to prevent global warming.
Council Meeting Minutes - 8 - JUNE 25, 2007
Ron Collis addressed Council to provide an update on CAMfest, the Clarington Arts
and Music Festival celebration of arts, music and the spirit of Clarington to be held on
August 25, 2007 at the Clarington Visual Arts Centre. Mr. Collis highlighted the
schedule of events and workshops showcasing art, the work of artisans, live art
demonstrations, and all genres of music throughout the day culminating with a
performance by noted performer Murray McLaughlin. Mr. Collis advised they have
relied on local sponsorship to host the free event as they are not eligible for a Trillium
Grant this year and are still looking for local businesses and the public to become
sponsors. Mr. Collis noted that Jason Skinner, a young artist; has come up with a
unique idea for a commissioned piece of work and requested Members of Council to
donate a piece of underwear for this artwork. He acknowledged and thanked
members of the CAMfest Committee and advised those interested to access their
website www.camfest.ca for further information.
David Kelly, Chair, Clarington Accessibility Advisory Committee, addressed Council to
present the 2007 Accessibility Plan. Mr. Kelly provided background information on the
formation and mandate of the Committee which provides a venue to promote the
message that accessibility is everyone’s business. He highlighted events and
activities held throughout the year including information booths, the Rick Hansen
“Wheels in Motion” event, funding of wheelchair accessible picnic tables, providing
assistance to a local family with the conversion of a van for wheelchair accessibility,
and noted the positive learning experience staff received on Sensitivity Training. Mr.
Kelly outlined plans for the coming year and reported on Committee suggestions for
the Newcastle Library. Mr. Kelly summarized by stating the Committee is attempting
to move forward to ensure the goals in accordance with the Ontarians With Disabilities
Act are reached by 2010 by making all aspects of life accessible for all. He further
advised he hoped to play an active role in the CAMfest event and that part of the
municipality’s mandate should be to meet with the Committee regarding staging of
special events.
Resolution #C-346-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for five minutes.
“CARRIED”
The meeting reconvened at 9:25 p.m.
Mayor Abernethy stated a pecuniary interest with respect to the delegation of
Richard Ward as it relates to his election campaign expenses. Mayor Abernethy
vacated his chair and refrained from discussion and voting on this matter.
Councillor Trim chaired this portion of the meeting.
Council Meeting Minutes - 9 - JUNE 25, 2007
Richard Ward addressed Council expressing concern with the campaign expense
report of Mayor Abernethy. Mr. Ward feels Mayor Abernethy overspent the allowable
maximum due to the large number of election signs that were posted. He also feels
that the Mayor’s campaign was run similar to a federal election campaign. Mr. Ward
also suggested that Council reject the request to audit the election financial returns of
John Mutton.
Mayor Abernethy resumed the Chair.
Gerald Brown addressed Council concerning the 2008 budget process. Mr. Brown
feels that budget deliberations should be taking place now as Council needs to set
achievable goals and take more time to access options. He expressed concern that
Clarington’s debt has doubled, taxes have increased substantially and that reserve
funds should not be used to lower taxes. Mr. Brown feels Clarington cannot afford
tourist attractions and recreation facilities and that there should be a user-pay system
in place. He further stated that Council should spend less, reduce expenses by
freezing wages and hiring, roll back wages, curb hiring consultants, refuse to accept
downloading from upper levels of government, and sell Total Hockey to the private
sector. Mr. Brown urged Council to bring in a budget in 2008 with a zero property tax
increase.
Peter Scott addressed Council concerning Item 3 of Report # 1 - Application to Amend
the Official Plan - Port of Newcastle Harbourview Ltd. stating he has a petition of over
135 names from area residents of the Port that are opposed to this Official Plan
Amendment. Mr. Scott feels that while the provisions of the Planning Act were
followed, the notification process was flawed in that there are many buyers who have
purchased homes but have not yet taken title. He stated information is critical and
that no where in the subdivision is there a sign illustrating what the land use is. He
expressed concern that little information is available in the sales pavilion and that the
amendment is based on conceptual plans. Mr. Scott stated transportation will be an
issue as access to the development will be through existing residential areas.
Mr. Scott feels that residents of Bond Head will be interested in this development and
urged Council to make the right decision concerning the application as the impact on
the Port of Newcastle will be permanent.
Carroll Nichols addressed Council concerning Energy From Waste, an issue he has
followed for 30 years as a resident living beside the Wesleyville Generating Station.
Mr. Nichols stated he feels he must comment on an alternative to incineration as he
believes all alternatives have not yet been evaluated. Mr. Nichols reviewed the
method of plasma gasification, a clean system over 100 years old that produces no
emissions, and highlighted its advantages. Mr. Nichols feels Durham Region should
make use of this system and set an example for other areas that will be considering
alternatives to landfill. He noted there is a facility being built in Red Deer, Alberta and
one near Ottawa. Mr. Nichols feels that putting gasses into the air creates the same
problem as putting garbage in landfill due to the effects on health and the
environment. He feels plasma gasification is a good alternative and suggested
Council Meeting Minutes - 10 - JUNE 25, 2007
Council read all information available on the subject. Mr. Nichols submitted
information on a comparison of plasma gasification vitrification technology versus a
standard incineration process.
Shirley Crago addressed Council concerning Energy From Waste urging Council to
turn their backs on incineration and look at other options. She suggested Council
investigate why other cities have changed their mind on incineration and feels that
incineration is a thing of the past that creates toxins, increases traffic and still requires
landfill. Ms. Crago suggested all forces be combined to fight the issue of incineration
and that a more economical, user-friendly system be researched and constructed in a
location that would cause less traffic and less damage to human health and the
environment.
Paul-Andre Larose, PhD, addressed Council concerning Energy From Waste
requesting Council consider the enormity of the issue, the undeniability of the scientific
evidence and the irreversibility of the decision, including financial implications, of
whether Clarington becomes the host of an incinerator. Dr. Larose presented realities
associated with the incineration issue, including public health issues, and suggested
Council should adopt a precautionary approach that would see the design determined
safe before implementation, rather than being proven unsafe after implementation.
Dr. Larose highlighted additional inter-relationships associated with incineration and
advised there is an endless list of factors that need to be addressed. Dr. Larose
urged Council to reject incineration as a way to address the garbage issue as there
are no safe minimum exposure levels and doses of toxins; incineration will not
eliminate the need for landfill; technology should not be accepted simply because it
meets current standards in force; and technology that has a negative impact on the
public and environmental health should not be considered as suitable for waste
management purposes. Dr. Larose submitted a copy of his comments in writing.
Kerry Meydam addressed Council concerning the Durham/York Residual Waste EA
expressing concern with the entire process. She stated that while 31 Public
Information Sessions were held from 2004 to 2007, several of those were simply
giving background information on what had already been decided and there were very
few sessions over the course of the 2 ½ years actually held in Clarington. She
expressed concern that other alternatives have not been given serious consideration
including the Zero Waste Strategy. Ms. Meydem noted that in Europe incineration
effectively eliminates further advances in waste diversion, and encourages more
waste being streamed toward the incinerator rather than focusing on extended
producer responsibility, reduce, reuse and recycling efforts to maximize waste
diversion. Ms. Meydam feels that investigation should concentrate on increased
waste diversion to achieve much higher rates, newer technologies should be looked at
to possibly site a small, enclosed system, plasma or other facility provided it can be
proven that such a system would not release toxic emissions into the air, or
investigate using available stabilized landfill for the reduced amount of residual waste
left over after improving the diversion program. Ms. Meydem feels the process has
been less than truthful and transparent and that the residents of Clarington and
Durham deserve better. Ms. Meydem submitted her comments in writing.
Council Meeting Minutes - 11 - JUNE 25, 2007
Dr. Deb Jefferson addressed Council concerning Energy From Waste stating
construction of a thermal waste facility is in contravention of the Stockholm treaty and
national law. She feels it is irresponsible to construct a facility that will add toxic
emissions to the atmosphere causing numerous health issues. Dr. Jefferson stated
the decision could end up being determined on financial issues and questioned why a
potentially dangerous technology should be considered for a return of producing a
small amount of electricity. Dr. Jefferson urged Council to consider the direction they
are taking and to let Durham Region know that Clarington is not a willing host for this
facility.
In response to questions, Dr. Jefferson advised that statistics indicate that there have
been an increase in asthma and other respiratory illnesses with the increase in
pollution.
Jim Richards addressed Council concerning the Durham-York Energy From Waste EA
advising that the Municipality must hold firm regarding Regional funding of the peer
review studies and insist on whatever funds are necessary to complete the studies to
do their due diligence. Mr. Richards feels the trip to Europe is a waste of time and
taxpayers money as the tour is being arranged by a subsidiary of the consultant who
is promoting the incinerator for Durham. Mr. Richards expressed concern that
Durham Region will be responsible for 88% of the total cost of the project in light of
York Region scaling back their financial commitment from 50% to 12% and that the
Generic Human Health and Ecological Risk Assessment Study claims to have
assessed toxic chemicals that will be emitted from the smokestack to be within
acceptable levels when there are no acceptable levels for carcinogens. Mr. Richards
is concerned the entire process revolves around a hypothetical circumstance and that
building an incinerator will serve as a disincentive to reducing, re-using and recycling
and will not eliminate the need for landfill. He urged Council to stop the entire process
now and revisit the alternatives to incineration, support an aggressive zero waste
strategy and declare that Clarington is not a willing host community. Mr. Richards
submitted his comments in writing.
Wendy Bracken addressed Council concerning the Durham/York Residual Waste
Study. She stated that approximately one year ago there were three major incinerator
facilities proposed around Lake Ontario. Now, Niagara-Hamilton have abandoned
plans for an incinerator, deciding instead to invest in a more aggressive diversion
program, and the Region of Halton has since voted unanimously to say no to
incineration. Ms. Bracken questioned the contrast in what Durham Regional Council
currently thinks about thermal treatment/incineration. She stated Regional Council
recently approved a motion to allow staff to look at “oversizing” the current proposal.
Ms. Bracken is questioning the logic of expanding the facility in light of health
concerns and expert opinions that emissions will increase directly in proportion to the
capacity of the facility. She stated dioxins and furans are slated for virtual elimination
under National legislation and International treaties and feels construction of a thermal
treatment facility, if built, is in contravention to that direction. Ms. Bracken expressed
concern that the country’s incinerators affect not only the nearby people, but the entire
Council Meeting Minutes - 12 - JUNE 25, 2007
population through the food supply. Ms. Bracken urged Council to put politics aside
and do what is right for both present and future residents of Clarington.
Ian Smythe and Stan Kinsman, N Tech Environmental addressed Council concerning
Energy From Waste. Ian Smythe advised that N Tech has been working for the past
four years locally to provide sustainable solutions to waste management. Through
use of a PowerPoint presentation, Stan Kinsman highlighted the technical process of
the N Tech alternative to landfill and outlined the benefits to the Region as an
alternative to incineration. Mr. Kinsman stated their company builds, owns and
operates the plants relying on waste contracts with the municipality. He projected the
Region could potentially save $2.3 million dollars per year for the next 20 years by
choosing the N Tech Solution.
In response to questions, Stan Kinsman stated there are no sites currently in North
America, however they will be in Mexico next month and are currently working on
other locations in the United States and in Canada.
Linda Gasser addressed Council concerning the Durham/York Residual Waste EA
urging Council to ensure that all necessary studies are undertaken, including studies
that are not commissioned by the Region, and that Council read the health studies in
order to make an informed decision. Ms. Gasser questioned if current regulatory
standards are effective, why are 1 in 3 people getting cancer. Ms. Gasser feels it is
critical to look at health standards.
Karen Buck addressed Council concerning Energy From Waste stating the generic
health study should have been based on World Health Organization standards for
dioxin levels. She noted the Ontario Medical Officers of Health have recognized that
critical air pollution is contributing to significant illnesses, and to add to that would be a
mistake. Karen Buck believes it to be everyone’s job to eliminate waste, not continue
to try to manage it, and to eliminate release of dioxins. She stated waste is a design
flaw that should be addressed at the source.
Rob Howe, Goodmans LLP addressed Council on behalf of West Diamond Properties
Inc. and Players Business Park Ltd. concerning Report #4 – Amendments to
Principles of Understanding between the Municipality, Players Business Park Ltd.,
West Diamond Properties Inc. and 1613881 Ontario Inc. Mr. Howe stated his client is
in support of the staff recommendations in Report PSD-088-07 and he is in
attendance to answer any questions.
George Van Dyk addressed Council concerning municipal taxes advising he has been
a citizen of Clarington for over 52 years and has never experienced such a high tax
increase. He expressed concern that the only thing that has not doubled since 1994
is his income. He questioned how residents on pensions and disability will be able to
afford to live in the community and thinks it is unfair that the ones who built the
community will be the ones who will have to move on. Mr. Van Dyk stated the Total
Hockey Museum was supposed to be a money-maker but is not, and he suggested
the museum be shut down.
Council Meeting Minutes - 13 - JUNE 25, 2007
In response to a question, Mr. Van Dyk stated he would support a cap of 2% on next
year’s taxes.
Tenzin Gyaltson addressed Council concerning Energy From Waste advising that as a
business owner in Newcastle he has contact with many local residents and that the
public are not fully informed on the issue. He noted that initial reaction from the public
was that it was a good idea but now people are starting to see the health implications
and the stigma attached to such a facility. Mr. Gyalston also questioned the effect the
facility would have on the ability to attract tenants to the Energy Park.
Wayne Ellis addressed Council concerning Energy From Waste urging Council to
publicly declare this evening that Clarington opposes the building of an incinerator in
the area. Mr. Ellis stated the Regions of Niagara and Halton and the Township of
East Gwillimbury have said no to incineration based on facts. He expressed concern
the Region of York has reduced its financial commitment to the project to a mere 12%.
Mr. Ellis stated there is a move away from incineration and that no one can deny the
potential negative health and environmental concerns. Mr. Ellis feels the answer to
managing garbage lies in sustainable landfill and an increase in the 3R’s – reduce, re-
use and recycle. He feels there needs to be a change in the public’s habits on
consumerism and that Council is in a position to set more aggressive targets for waste
th
diversion. Mr. Ellis challenged Council to add a 4 R – to Refuse incineration.
th
Martha Rutherford-Conrad addressed Council concerning the 175 celebration of
Orono highlighting the events and activities for the grand celebration this weekend on
Friday, Saturday and Sunday, June 29 to July 1, 2007. She advised of a change in
the program to include a CF-18 Fly-over and aerial display over Orono on Saturday.
Due to the increased noise levels associated with the inclusion of the fighter jet, Ms.
Rutherford-Conrad stated the pilots have requested a public notice be placed in the
local papers to advise the public of the display.
Resolution #C-347-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Council recess for five minutes.
“CARRIED”
The meeting reconvened at 12:07 a.m., Tuesday, June 26, 2007
Council Meeting Minutes - 14 - JUNE 25, 2007
COMMUNICATIONS
Resolution #C-348-07
Moved by Councillor Woo, seconded by Councillor Foster
THAT the communications to be received for information be approved, except Items
I - 6 and I - 11.
“CARRIED”
I - 1 Minutes of the Clarington Highway 407 Community Advisory
Committee dated June 6, 2007.
I - 2 Minutes of the Ganaraska Region Conservation Authority dated
May 17, 2007.
I - 3 Minutes of the Clarington Heritage Committee dated May 15, 2007.
I - 4 P. M. Madill, Regional Clerk, Region of Durham forwarding
Confidential Report #2007-J-18.
I - 5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on May 30, 2007, the Region of Durham endorsed the Municipality of
Clarington’s resolution pertaining to self-serve gas stations.
I - 7 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA) forwarding CLOCA’s 2007 Budget
Report approved on May 15, 2007, for information.
I - 8 Judith Maxwell, Bowmanville New Horizons Band, thanking Council
for providing them with a grant for 2007.
I - 9 Mary Dunlop, Durham Youth Housing & Support Services (DYHSS),
thanking Council for providing DYHSS with the opportunity to share
information with respect to the organizations’ goal to open a 10-bed
youth shelter in 2007 and extending an invitation to Council to contact
her to obtain further information on the project or to visit their website
at http://www.durhamyouth.com.
Council Meeting Minutes - 15 - JUNE 25, 2007
I - 10 Dan Remollino, MTO Project Manager, Ministry of Transportation and
Doug Allingham, Consultant Project Manager forwarding the June
2007 issue of the 407 East Environmental Assessment Newsletter
advising of Public Information Centre #3 which will present the results
from the evaluation of the refined route alternatives and present a
technically recommended route. A Public Information Centre will be
held in Clarington on Tuesday, June 26, 2007, from 4:00 p.m. to
8:00 p.m. at the Garnett Rickard Complex.
I - 12 Joanne Paquette, Communications Officer, Region of Durham,
inviting members of the public to view the recent findings of a Generic
Human Health and Ecological Risk Assessment Study (HHRA)
undertaken for the Durham/York Residual Waste Study which
considered possible risks to human and ecological life at the five
short-listed sites, based on data from existing area facilities and
Ontario emissions guides. This report is not meant to replace a
detailed, site-specific study, which will be undertaken when the
technology, vendor and preferred site has been determined. The
report is available online at www.durhamyorkwaste.ca, or to request a
hard copy or CD by calling 905-307-8628 (1-866-398-4423) or by
e-mailing info@durhamyorkwaste.ca. There will be an opportunity for
feedback at the public information sessions in Clarington on June 20,
27 and 28, 2007.
Councillor Novak stated a pecuniary interest with respect to Correspondence
Item I - 6 as it relates to General Motors of Canada Limited and she has family
members affiliated with GM. Councillor Novak vacated her chair and refrained
from discussion and voting on this matter.
I - 6 David Paterson, Vice President Corporate & Environmental Affairs,
General Motors of Canada Limited, thanking Clarington Regional
Councillors and Members of Durham Regional Council for their
decision to eliminate the optional large industrial tax class in 2007,
and to merge the industrial tax classes with a tax ratio of 2.2598
which demonstrates Regional Council’s commitment to creating a
competitive tax environment supporting industry and economic
activity.
Resolution #C-349-07
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence I - 6 be received for information.
“CARRIED”
Council Meeting Minutes - 16 - JUNE 25, 2007
I - 11 Ian D. Macnab, Chief Administrative Officer, Kawartha Conservation,
responding to concerns over fish kill on Lake Scugog advising that
staff of the Conservation Authority have been working with the
Ministry of Natural Resources who have sent samples away for
analysis. The correspondence indicates that the current carp die off
does not appear to be connected to weather conditions and that the
definitive cause of death will not be known until lab analysis is
completed. In response to inquiries regarding removal of fish from
property, Durham Regional Works Department is requesting residents
not to place the fish out for regular garbage pick up or municipal
organic kitchen composting but to bury them to a depth of at least one
foot to discourage wildlife from digging them up.
Resolution #C-350-07
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence I - 11 be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-351-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Items be approved as per the agenda, including hand-out
Correspondence D - 9, with the exception of Items D - 3, and D – 5 to D - 9, inclusive.
“CARRIED”
D - 1 Derrick McKay, Race Director and Kim Corrigan-Oliver, Assistant
Race Director, Courtice Kids of Steel Triathlon requesting permission
to host the Courtice Kids of Steel Triathlon, an endurance multi-sports
event involving swimming, biking and running on August 26, 2007;
enclosing a map of the biking and running routes and advising
$5,000,000 liability insurance has been arranged.
(Approved provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
Council Meeting Minutes - 17 - JUNE 25, 2007
D - 2 Christine Jacobs, requesting permission to close Old Scugog Road
between Regional Road 3 and Potter’s Lane on Saturday,
th
September 15, 2007, for the 10 Annual Street Dance and Barbecue
hosted by the Enniskillen United Church.
(Approved provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 4 John D. Morand, Chief Operating Officer, Global Emissions Systems
Inc. and Craig Engel, President & CEO Caledon Propane providing
background information on Canada’s commitment to the Kyoto
Protocol, the Federation of Canadian Municipalities “Partners in
Climate Protection” Program, the effects of Global Warming and
advising of technology developed by Global Emissions Systems Inc.
available to effectively address greenhouse gases and other toxic
gases which create health problems. The correspondence outlines a
proposal for the Municipality to work with Global Emissions Systems to
formulate procedures and practices to install emission control devices,
educate staff, Council and the public on best practices to reduce costs
for fuel and tires, reduce greenhouse gases and to create a healthier
community.
(Correspondence referred to staff)
D - 5 John Greenfield, Royal Canadian Legion, requesting Council to
consider the name ‘Caswell’ for a Veterans Street Name Sign in the
Bowmanville area in memory of Trooper Darryl James Caswell, a well
known Bowmanville resident, who was killed in action June 11, 2007,
in Kandahar, Afghanistan.
Resolution #C-352-07
Moved by Councillor Woo, seconded by Councillor Robinson
WHEREAS Trooper Darryl Caswell fulfils the qualification of the Municipality of
Clarington by-law for the naming of a municipal street under the Veterans Street
Name Sign, as he was a resident of the Municipality of Clarington and is a
deceased veteran:
BE IT RESOLVED THAT at the earliest availability, a municipal street in
Bowmanville be named in honour of Trooper Darryl Caswell.
“CARRIED”
Council Meeting Minutes - 18 - JUNE 25, 2007
D - 6 J. A. Wynn, Newcastle-Bond Head Ratepayers Association expressing
concern with the speed and volume of traffic on Mill Street in
Newcastle and requesting the immediate installation of traffic lights at
the intersection of Edward Street and Mill Street or, alternatively, the
implementation of four-way stops to address safety concerns.
Resolution #C-353-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Item D - 6 be referred to the Director of Engineering
Services and to the Regional Municipality of Durham.
“CARRIED”
D - 7 Janet Beckett, City Clerk, City of Port Colborne, advising Council that
on May 14, 2007, the City of Port Colborne passed the following
resolution pertaining to salvia divinorum:
“WHEREAS Salvia Divinorum is a perennial herb native to Mexico that
is legally available for purchase in Canada by all persons, including
minors, at corner stores, pharmacies and through the internet;
AND WHEREAS the active constituent salvinorin A is the most potent
hallucinogen known, causing the onset of hallucinogenic activity within
five to ten minutes of being chewed and within 30 seconds of being
inhaled;
AND WHEREAS the effects of salvia divinorum include psychic effects
such as the perceptions of bright lights, vivid colours and shapes, as
well as body movements and body or object distortions, other effects
including dysphoria, uncontrolled laughter, a sense of loss of body,
overlapping realities and hallucinations and adverse physical effects
such as incoordination, dizziness and slurred speech;
AND WHEREAS salvia divinorum and/or salvinorin A have been
placed under regulatory controls in Australia, Belgium, Denmark,
Estonia, Finland, Italy, Spain and Sweden and in the States of
Louisiana, Delaware, Missouri, Tennessee and Oklahoma;
AND WHEREAS the federal department Health Canada, headed by
the Minister of Health, is responsible for helping Canadians maintain
and improve their health and also for developing legislation and
regulations, policies and operations that support the control of illicit
drugs and other substances;
Council Meeting Minutes - 19 - JUNE 25, 2007
AND WHEREAS the Council of the Corporation of the City of Port
Colborne believes that the availability of salvia divinorum and the risks
associated with its use, particularly by adolescents and young adults,
threatens the health of Canadians and out-weighs any benefits the
substance offers;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the City of Port Colborne petitions the Minister of Health
to immediately call for Health Canada to undertake a review of salvia
divinorum and its derivatives to determine the risks associated with the
use of this substance and its widespread availability and with a view to
taking the same proactive stance on the regulation of this substance
for the health and safety of Canadians as other nations have for their
citizens;
AND FURTHER THAT a copy of this resolution be circulated to
J. Maloney, M.P. and to AMO for circulation to all municipalities in
Ontario for their consideration and endorsement.”
Resolution #C-354-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 7 be received for information.
“CARRIED”
D - 9 Richard Coglon, P. Eng., Project Manager, Compression Projects,
TransCanada PipeLines Limited, advising that the ongoing strike by
the Ontario Labourer’s Union is disrupting construction on the addition
of the new natural gas compressor unit on Langmaid Road and
requesting approval for TransCanada to allow its contractor to work
beyond the standard Monday to Saturday, 7:00 a.m. to 700 p.m.
working hours to permit a 10 hour shift for five Sundays, from 7:00
a.m. to 5:00 p.m. If approved, the additional shift would start the first
Sunday after the end of the strike but that Sunday, July 1 would not be
worked.
Council Meeting Minutes - 20 - JUNE 25, 2007
Resolution #C-355-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the request from TransCanada PipeLines Limited for permission to work
a 10 hour shift for five Sundays commencing the first Sunday following the end
of the Ontario Labourer’s Union strike be endorsed.
“CARRIED”
Mayor Abernethy stated a pecuniary interest with respect to Correspondence Items
D - 3 and D - 8 as they relate to his Election Campaign. Mayor Abernethy vacated his
chair and refrained from discussion and voting on these matters.
Councillor Trim chaired this portion of the meeting.
D - 3 Sean Keene enclosing a copy of a complaint he has forwarded to the
Ministry of Municipal Affairs and Housing outlining perceived improper,
unethical and illegal actions of the Municipality of Clarington during the
2006 Election period.
Resolution #C-356-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Correspondence Item D - 3 be referred to the Municipal Clerk.
“CARRIED”
D - 8 Luke Prout, Cynthia Prout, John Thompson, Sean Keane and George
VanDyk submitting a formal request to have the Election Financial
returns of John Mutton audited to ensure compliance with the
requirements of the Municipal Elections Act.
Resolution #C-357-07
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the request for a Compliance Audit of the election financial returns of
John Mutton, as requested by Luke Prout, Cynthia Prout, John Thompson,
Sean Keane and George VanDyk be granted;
THAT Horn Almand Chartered Accountants be appointed as the auditor to
conduct the Compliance Audit; and
Council Meeting Minutes - 21 - JUNE 25, 2007
THAT Luke Prout, Cynthia Prout, John Thompson, Sean Keane,
George VanDyk and John Mutton be advised of Council’s decision.
“MOTION CARRIED 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 Woo v
Councillor Trim v
Mayor Abernethy v
Mayor Abernethy resumed the chair.
MOTION
NOTICE OF MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report June 18, 2007.
Resolution #C-358-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of June 18, 2007,
be approved, with the exception of Items # 2(c) and #41.
“CARRIED”
Item #2(c)
Resolution #C-359-07
Moved by Councillor Robinson, seconded by Councillor Trim
th
WHEREAS 2007 marks the 175 anniversary of the Village of Orono;
AND WHEREAS various activities are planned for the weekend on June 30, 2007 to
celebrate the anniversary:
Council Meeting Minutes - 22 - JUNE 25, 2007
th
NOW THEREFORE BE IT RESOLVED THAT permission be granted for the 175
Anniversary Committee to hold a fireworks display in Orono Park on June 30, 2007,
provided the organizers apply for and obtain the required permit from the Municipal
Clerk’s Department;
THAT any associated fees for the required permit be waived; and
th
THAT the 175 Anniversary Committee be advised of this decision.
“CARRIED”
Item #41
Resolution #C-360-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Confidential Report COD-028-07 be tabled to the GPA meeting of
July 30, 2007.
“CARRIED”
Report # 2 – Report CLD-026-07 - 2007 Accessibility Plan in Accordance with the
Ontarians with Disabilities Act
Resolution #C-361-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report CLD-026-07 be received;
THAT the 2007 Accessibility Plan attached as Schedule A to Report CLD-026-07 be
adopted in accordance with the Ontarians With Disabilities Act; and
THAT the Accessibility Advisory Committee be thanked for their ongoing commitment
and work.
“CARRIED”
Report # 3 – Report PSD-087-07 - Application for Removal of Holding Symbol -
Labno Developments Corporation
Council Meeting Minutes - 23 - JUNE 25, 2007
Resolution #C-362-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report PSD-087-07 be received;
THAT the application submitted by Labno Developments Corporation to remove the
Holding (H) symbol from the lands identified as 570 Longworth Avenue on the
northwest corner of Liberty Street North and Longworth Avenue, be approved and that
the by-law attached to Report PSD-087-07 be passed; and
THAT all interested parties listed in Report PSD-087-07 and any delegations be
advised of Council's decision.
“CARRIED”
Councillor Hooper stated a declaration of pecuniary interest with respect to Report #4
as he was the Chair of the Bowmanville BIA and was involved in the negotiations.
Councillor Hooper vacated his chair and refrained from discussion and voting on this
matter.
Report # 4 - Report PSD-088-07 - Amendments to Principles of Understanding
between the Municipality, Players Business Park Ltd., West Diamond Properties Inc.
and 1613881 Ontario Inc., and Certain Other Agreements to Permit Servicing of
Players/West Diamond’s Commercial Land
Resolution #C-363-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-088-07 be received;
THAT the draft Servicing Agreement between the Municipality, Players Business Park
Ltd., West Diamond Properties Inc. and Royal Bank of Canada be approved and a By-
law (Attachment 8 to Report PSD-088-07) to authorize the Mayor and Municipal Clerk
on behalf of the Municipality of Clarington to execute a Servicing Agreement with such
parties substantially in the form of the draft Agreement contained in Attachment 3 to
Report PSD-088-07 be passed;
THAT the draft First Principles of Understanding Amendment Agreement between the
Municipality, Players Business Park Ltd., West Diamond Properties Inc., 1613881
Ontario Inc., Royal Bank of Canada and 672003 Ontario Limited be approved and a
By-law (Attachment 9 to Report PSD-088-07) to authorize the Mayor and Municipal
Clerk on behalf of the Municipality of Clarington to execute an Agreement with such
parties substantially in the form of the draft Agreement contained in Attachment 4 to
Report PSD-088-07 be passed;
Council Meeting Minutes - 24 - JUNE 25, 2007
THAT the draft Assumption Agreement with Royal Bank of Canada and others be
approved and a By-law (Attachment 10 to Report PSD-088-07) to authorize the Mayor
and Municipal Clerk on behalf of the Municipality of Clarington to execute an
Assumption Agreement with such parties substantially in the form of the draft
Agreement contained in Attachment 5 to Report PSD-088-07 be passed;
THAT the draft Assumption Agreement with 672003 Ontario Limited and others be
approved and a By-law (Attachment 11 to Report PSD-088-07) to authorize the
Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute an
Assumption Agreement with such parties substantially in the form of the draft
Agreement contained in Attachment 6 to Report PSD-088-07 be passed;
THAT the draft Subdivision/Consent Agreement between the Municipality, Players
Business Park Ltd., West Diamond Properties Inc. and Royal Bank of Canada be
approved and a by-law (Attachment 12 to Report PSD-088-07) to authorize the Mayor
and Municipal Clerk on behalf of the Municipality of Clarington to execute a
Subdivision/Consent Agreement substantially in the form of the draft Agreement
contained in Attachment 7 to Report PSD-088-07 be passed; and
THAT all interested parties listed in Report PSD-088-07 and any delegations be
advised of Council’s decision
.
“CARRIED”
Report #5 - Report COD-041-07 - Tender CL2007-27 - Green Road and Stevens
Road Reconstruction
Resolution #C-364-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-041-07 be received;
THAT Fernview Construction Limited, Bolton, Ontario with a total bid in the amount of
$1,712,675.53 (Plus GST), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2007-27 be awarded the contract for the
Green Road and Stevens Road Reconstruction as required by the Engineering
Department contingent upon on the Developer’s funds being secured in full per the
Stevens Road Extension Agreement and External Metrus Services Agreement with
the Municipality;
Council Meeting Minutes - 25 - JUNE 25, 2007
THAT funds required in the amount in the amount of $1,982,960.81 (which includes
$1,988,264.91, tendering, consulting and contingencies and less the Durham of
Region portion) be drawn from Engineering 2007 Capital Accounts # 110-32-330-
83298-7401 in the amount of $300,000.00, the Developers Irrevocable Letters of
Credit in the amount of $1,405,513.91 and $5,304.10 being provided by the Region of
Durham for their portion;
THAT the additional funding in the amount of $277,446.90 be drawn from the Move
Ontario Government Funding and Development Charges in the amount of $57,126.32
and $220,320.58 respectively and transferred to Capital Account # 110-32-330-83298-
7401;
THAT the tender award be subject to the approval of the Regional Municipality of
Durham for their portion of the work; and
THAT the By-law marked Schedule “A” attached to Report COD-041-07 authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
“CARRIED”
Councillor Woo stated a declaration of pecuniary interest with respect to Report #6 as
he is employed by Goodyear Engineered Products Canada Inc. Councillor Woo
vacated his chair and refrained from discussion and voting on this matter.
Report #6 - Addendum to Confidential Report PD-102-00 - Lease Agreement for
Goodyear Engineered Products Canada Inc. Lands in the Bowmanville Creek Valley;
Part Lot 12, Concession 1, Former Town of Bowmanville
Resolution #C-365-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Addendum to Report #PD-102-00 be received and approved; and
THAT a By-law be passed (Attachment #2 to Addendum to Report PD-102-00) to
authorize the Mayor and the Municipal Clerk to execute a Lease Agreement with
Goodyear Engineered Products Canada Inc. as contemplated by Report #PD-102-00,
as amended by Addendum Report PD-102-00.
“CARRIED”
Council Meeting Minutes - 26 - JUNE 25, 2007
Report #7 - Report EGD-047-07 – Heavy Traffic – Vehicle Weight Restrictions
Resolution #C-366-07
Moved by Councillor Woo, seconded by Councillor Foster
THAT Report EGD-047-07 be received;
THAT the Director of Engineering Services be authorized to designate temporary
permissive TRUCK ROUTES and authorize the erection of temporary prohibitive NO
HEAVY TRUCK signs;
THAT Schedule XXV HEAVY TRAFFIC PROHIBITED of Traffic By-law 91-58 be
updated and amended;
THAT Schedule XXVI HIGHWAYS EXEMPT FROM WEIGHT RESTRICTIONS of
Traffic By-law 91-58 be updated and amended; and
THAT the proposed by-law attached to Report EGD-047-07 be approved by Council.
“CARRIED”
Report #8 - Verbal Report of the Solicitor - Legal Matter
Report #9 - Verbal Report of the Solicitor - Legal Matter
Resolution #C-367-07
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Reports #8 and #9, Item #2 of Unfinished Business and Item #1 of Other
Business be referred to the end of the agenda to be considered during a “closed”
session of Council.
“CARRIED”
UNFINISHED BUSINESS
Mayor Abernethy stated a pecuniary interest with respect to Addendum #2 to Report
CLD-020-07 as it relates to his Election Campaign Expenses. Mayor Abernethy
vacated his chair and refrained from discussion and voting on this matter.
Councillor Trim chaired this portion of the meeting.
Council Meeting Minutes - 27 - JUNE 25, 2007
Addendum#2 to Report CLD-020-07 – Compliance Audit
Resolution #C-368-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Addendum #2 to Report CLD-020-07 be received;
THAT the Addendum to Report CLD-020-07 be lifted from the table;
THAT the Addendum to Report CLD-020-07 be received.
“CARRIED”
Resolution #C-369-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Rules of Order be suspended to allow for introduction of a motion to
reconsider Resolution #C-276-07.
“CARRIED”
Resolution #C-370-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Resolution #C-276-07 be reconsidered at this time.
“CARRIED”
Resolution #C-371-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Jeff Rohr, C.A., Laing & Rohr, Chartered Accountants be appointed as the
auditor for the compliance audit of the election financial returns of Mayor
Jim Abernethy.
“CARRIED”
Mayor Abernethy resumed the Chair.
Council Meeting Minutes - 28 - JUNE 25, 2007
BY-LAWS
Councillor Hooper stated a pecuniary interest with respect to By-laws 2007-142, 2007-
143, 2007-144 and 2007-145 as he was the Chair of the Bowmanville BIA and was
involved in negotiations. Councillor Hooper vacated his chair and refrained from
discussion and voting on this matter.
Councillor Woo stated a pecuniary interest with respect to By-law 2007-165 as he is
employed by Goodyear Engineered Products Canada Inc. Councillor Woo vacated
his chair and refrained from discussion and voting on this matter.
Resolution #C-372-07
Moved by Councillor Foster, seconded by Councillor Trim
THAT leave be granted to introduce By-laws 2007-142 to 2007-167, inclusive, and
that the said by-laws be now read a first and second time.
“CARRIED”
2007-142 Being a by-law to authorize the Mayor and the Municipal Clerk to
execute a Servicing Agreement for certain services to be
constructed on Green Road and Stevens Road on behalf of the
Municipality of Clarington
2007-143 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute a First Principles
of Understanding Amendment Agreement to the Principles of
Understanding between the Municipality, Players Business Park
Ltd., West Diamond Properties Inc. and 1613881 Ontario Inc.
2007-144 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute an Assumption
Agreement between the Municipality, Royal Bank of Canada,
Players Business Park Ltd., West Diamond Properties Inc. and
1613881 Ontario Inc.
2007-145 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute an Assumption
Agreement between the Municipality, 672003 Ontario Inc., Players
Business Park Ltd., West Diamond Properties Inc. and 1613881
Ontario Inc.
Council Meeting Minutes - 29 - JUNE 25, 2007
2007-146 Being a by-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute a
Subdivision/Consent Agreement between the Municipality, Players
Business Park Ltd., West Diamond Properties Inc. and the Royal
Bank of Canada
2007-147 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
and to repeal By-law 2007-113 (Intracorp Developments Ltd.)
2007-148 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and AMEC E & C Services Ltd., Don
Mills, Ontario, to enter into an agreement for Consulting Services,
Municipal Peer Review of the Durham/York Energy From Waste
Environmental Assessment Study (Approved by Council on
May 28, 2007)
2007-149 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Steven Rowe Environmental
Planner, Toronto, Ontario, to enter into an agreement for
Consulting Services, Municipal Peer Review of the Durham/York
Energy From Waste Environmental Assessment Study
2007-150 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and SENES Consulting Limited,
Richmond Hill, Ontario, to enter into an agreement for Consulting
Services, Municipal Peer Review of the Durham/York Energy
From Waste Environmental Assessment Study
2007-151 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and PricewaterhouseCoopers LLP.,
Toronto, Ontario, to enter into an agreement for Peer Review and
Consulting Services, Durham/York Energy From Waste
Environmental Assessment Study
2007-152 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the former Town of Newcastle (James Tosswill
and Emily Wilson)
2007-153 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Prestonvale Heights Limited)
Council Meeting Minutes - 30 - JUNE 25, 2007
2007-154 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(289143 Ontario Ltd. – Westvale)
2007-155 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Halloway Holdings Limited)
2007-156 Being a By-law to authorize the execution of a Responsibility
Agreement between the Corporation of the Municipality of
Clarington and The Regional Municipality of Durham for the
operation and maintenance of the sanitary sewer forcemain on
Rudell Road and Regional Road Highway 2
2007-157 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Lions Club, Bowmanville,
Ontario, to enter into agreement for the lease of Clarington Beech
Centre, 26 Beech Street, Bowmanville, Ontario
2007-158 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and 560789 Ontario Limited, c/o R &
M Construction, Acton, Ontario, to enter into agreement for the
Colwill Bridge Watercourse Realignment, Bowmanville Creek East
Branch
2007-159 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Lafarge Paving and
Construction Ltd, Oshawa, Ontario, to enter into agreement for the
Sidewalk Construction, East Side of West Townline Road,
Courtice
2007-160 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Miller Paving Limited, Whitby,
Ontario, to enter into agreement for the Asphalt Resurfacing
Contract 1 (Item 25 of Report # 1)
2007-161 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and F.D.M. Contracting Company
Limited, Thornhill, Ontario for the Church Street to St. George
Street Reconstruction
2007-162 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Baltimore Development &
Services Limited, Cobourg, Ontario for the Concession Road 3
Bridge Rehabilitation at Pollard
Council Meeting Minutes - 31 - JUNE 25, 2007
2007-163 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Hard-Co Construction Ltd,
Whitby, Ontario for the Elgin Street Reconstruction
2007-164 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Labno Developments Corporation)
2007-165 Being a by-law to repeal By-law 2000-172 and to authorize the
entering into of a Lease Agreement with Goodyear Engineered
Products Canada Inc. respecting certain lands in the Bowmanville
Creek valley as recommended by Addendum to
Report #PD-102-00
2007-166 By-law regarding Report EGD-047-07 – Heavy Traffic – Vehicle
Weight Restrictions
2007-167 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Fernview Construction Limited,
Bolton, Ontario for the Green Road and Stevens Road
Reconstruction
Resolution #C-373-07
Moved by Councillor Foster, seconded by Councillor Trim
THAT the third and final reading of By-laws 2007-142 to 2007-167, inclusive, be
approved.
“CARRIED”
Resolution #C-374-07
Moved by Councillor Foster, seconded by Councillor Trim
THAT the meeting be “closed” in order to consider legal matters and to consider
personal information of applicants for appointment to the Green Community Advisory
Committee.
“CARRIED”
The meeting resumed in open session at 2:00 a.m., June 26, 2007.
Council Meeting Minutes - 32 - JUNE 25, 2007
Resolution #C-375-07
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the actions taken during the “closed” session of Council be ratified.
“CARRIED”
OTHER BUSINESS
Appointments to the Green Community Advisory Committee
Resolution #C-376-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT the following individuals be appointed to the Green Community Advisory
Committee as representatives of the Community At Large, for a term of four years,
coinciding with the term of the appointing Council or until their successors are
appointed:
?
Amy Burke
?
Cathrine McKeever
?
Kristin D. McKinnon-Rutherford
?
Elva Reid
“LOST”
Resolution #C-377-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the following individuals be appointed to the Green Community Advisory
Committee for a term of four years, coinciding with the term of the appointing Council
or until their successors are appointed:
?
Gregory Smith, Ontario Power Generation
?
Representative of Durham Strategic Energy Alliance
?
David Clark, CMA, Executive Vice President & CFO, Secretary-Treasurer,
Veridian Corporation
?
Ron Collis, CBOT Board Member
?
Richard Marceau, University of Ontario Institute of Technology
?
Representative of Clarington Secondary School – Green Initiative Committee
?
Helen Bajorek MacDonald – Representative of the Community at Large
?
Amy Burke – Representative of the Community at Large
?
Elva Reid – Representative of the Community at Large and
Council Meeting Minutes - 33 - JUNE 25, 2007
?
Kristin D. McKinnon-Rutherford – Representative of the Community at Large
?
Glen Murphy, Durham Chapter of the Greater Toronto Home Builders’
Association – Urban Development Institute; and
THAT all applicants be thanked for their interest in the Committee.
“CARRIED”
Appointment – Acting/Deputy Head of Council
Resolution #C-378-07
Moved by Councillor Trim, seconded by Councillor Foster
THAT the Rules of Order be suspended to allow for introduction of motion to appoint
an Acting Head of Council for the period July 3 to July 12, 2007.
“CARRIED”
Moved by Councillor Trim, seconded by Councillor Woo
WHEREAS Mayor Abernethy and Deputy Mayor Trim will be out of the Country for on
Regional Business concerning Energy From Waste:
NOW THEREFORE BE IT RESOLVED THAT Councillor Gord Robinson be appointed
the Deputy Mayor for the period July 3 to July 12, 2007.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-379-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the presentations of Inspector Charlie Green and Superintendent Bob
Chapman, Durham Regional Police Service, be received with thanks.
“CARRIED”
Resolution #C-380-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the presentations of Glenn Rainbird, O.C., Chair and David Clark, CMA,
Executive Vice President & CFO, Secretary-Treasurer, Veridian Corporation, be
received with thanks.
“CARRIED”
Council Meeting Minutes - 34 - JUNE 25, 2007
Resolution #C-381-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the presentation of Laurie Swami, Director of Licensing, Nuclear Generation
Development & Services, Ontario Power Generation, be received with thanks.
“CARRIED”
Resolution #C-382-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the delegation of Robert Bouley regarding a municipal culvert entrance onto
farm property be referred to the Director of Operations.
“CARRIED”
Resolution #C-383-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the delegation of Aiden Tombs, Emily Manns and Kimberley Dewing regarding
Students Against Global Warming be received with thanks.
“CARRIED”
Resolution #C-384-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the delegation of Ron Collis regarding CAMfest be received with thanks.
“CARRIED”
Resolution #C-385-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the delegation of Gerald Brown regarding the 2008 Budget Process be referred
to the Director of Finance/Treasurer.
“CARRIED”
Council Meeting Minutes - 35 - JUNE 25, 2007
Resolution #C-386-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Carroll Nichols regarding Energy From Waste be received
with thanks.
“CARRIED”
Resolution #C-387-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Shirley Crago regarding Energy From Waste be received with
thanks.
“CARRIED”
Resolution #C-388-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Paul-Andre Larose regarding Energy From Waste be received
with thanks.
“CARRIED”
Resolution #C-389-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Kerry Meydam regarding Energy From Waste be received
with thanks.
“CARRIED”
Resolution #C-390-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Dr. Deb Jefferson regarding Energy From Waste be received
with thanks.
“CARRIED”
Council Meeting Minutes - 36 - JUNE 25, 2007
Resolution #C-391-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Jim Richards regarding Energy From Waste be received with
thanks.
“CARRIED”
Resolution #C-392-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Wendy Bracken regarding Energy From Waste be received
with thanks.
“CARRIED”
Resolution #C-393-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Linda Gasser regarding Energy From Waste be received with
thanks.
“CARRIED”
Resolution #C-394-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Tenzin Gyaltson regarding Energy From Waste be received
with thanks.
“CARRIED”
Resolution #C-395-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegation of Wayne Ellis regarding Energy From Waste be received with
thanks.
“CARRIED”
Council Meeting Minutes - 37 - JUNE 25, 2007
Resolution #C-396-07
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the delegations of Ian Smythe and Stan Kinsman, N-Tech Environmental
regarding Energy From Waste be received for information.
“CARRIED”
Resolution #C-397-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the delegation of George Van Dyk be referred to the Director of
Finance/Treasurer.
“CARRIED”
BY-LAWS
Resolution #C-398-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2007-168, and that the said by-law be
now read a first and second time.
“CARRIED”
2007-168 Being a By-law to amend By-law 2006-217, being a by-law to
appoint an Acting Head of Council to act in the place of the Head
of Council for the Municipality of Clarington
Resolution #C-399-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the third and final reading of By-law 2007-168 be approved.
“CARRIED”
Council Meeting Minutes - 38 - JUNE 25, 2007
Resolution #C-400-07
Moved by Councillor Robinson, seconded by Councillor Woo
th
THAT Martha Rutherford-Conrad, on behalf of the Orono 175 Anniversary
Committee, place a public service announcement on Page 2 of the local
newspapers regarding the scheduled CF-18 fly-by on Saturday, June 30, 2007, as
th
part of the Orono 175 Anniversary event.
“CARRIED”
Mayor Abernethy vacated his chair and Councillor Trim chaired this portion of the
meeting.
Mayor Abernethy and Councillors Hooper, Novak and Woo stated pecuniary interests
earlier in the meeting, and refrained from voting on the confirming by-law.
CONFIRMING BY-LAW
Resolution #C-401-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2007-169 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
th
25 day of June, 2007, and that the said by-law be now read a first and second time.
“CARRIED”
Resolution #C-402-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the third and final reading of By-law 2007-169 be approved.
“CARRIED”
Council Meeting Minutes
- 39-
ADJOURNMENT
Resolution #C-403-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the meeting adjourn at 2:17 a.m., June 26,2007.
( b-----
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"CARRIED"
JUNE 25, 2007
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