HomeMy WebLinkAbout09/10/2007
Council Meeting Minutes
September 10, 2007
Minutes of a regular meeting of Council held on September 10, 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 C. Trim
Councillor W. Woo
Absent: Councillor G. Robinson
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella, attended until 11:33 p.m.
Director of Community Services, J. Caruana, attended until 11:33 p.m.
Solicitor, D. Hefferon
Manager of Operations, F. Horvath, attended until 11:33 p.m.
Manager of Special Projects, F. Langmaid
Director of Corporate Services, M. Marano, attended until 11:33 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 11:33 p.m.
Fire Chief, G. Weir, attended until 11:33 p.m.
Administrative Assistant to the Clerk, C. Fleming, attended until 11:33 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the
delegation of Jeffrey L. Rohr and Report #2.
MINUTES
Resolution #C-439-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on July 30, 2007, be approved.
“CARRIED”
Council Meeting Minutes - 2 - September 10, 2007
PRESENTATIONS
Marion Manders, Referendum Resource Officer, Provincial Riding of Durham,
addressed Council concerning Provincial Electoral Reform. Ms. Manders advised on
October 10, 2007, all eligible voters in the Province of Ontario will be asked to
participate in a Referendum in conjunction with the Ontario Provincial Election and will
be asked to vote on which electoral system Ontario should use to elect members to
the provincial legislature - the existing electoral system (First-Past-the-Post) or the
alternative electoral system proposed by the Citizens’ Assembly (Mixed Member
Proportional). She highlighted both the current system and the proposal by the
Citizens’ Assembly, a group of randomly-selected Ontario voters established to study
Ontario electoral reform, for a Mixed Member Proportional electoral system.
Ms. Manders noted that if accepted, the Mixed Member Proportional electoral system
would give Ontarians two votes in future elections: one for a ‘Local Member’ and one
for a political party. Ms. Manders reviewed the percentage of votes required for the
system to be adopted, the criteria under which a new government would be formed
and referred citizens to the voter inquiry line 1-888-ONT-VOTE, referendum resource
website at www.yourbigdecision.ca and email at info@yourbigdecision.ca for further
information.
DELEGATIONS
Darlene Brown, Executive Director, Big Brothers and Sisters of Clarington, addressed
Council to bring awareness to the Big Brothers and Sisters of Clarington’s volunteer
programs. Ms. Brown advised Big Brothers and Big Sisters of Clarington currently
have 200 volunteers serving over 300 children in a wide variety of programs. She
stated the success of their programs is due to their volunteers and stressed the
importance of continuing and expanding their volunteer base. Ms. Brown reviewed
the mentoring programs and dispelled myths associated with volunteering. She noted
Big Brothers and Big Sisters’ Month occurs in September and requested Council to
proclaim September, 2007, as ‘Big Brothers and Big Sisters’ Month’ in Clarington.
th
Ms. Brown stated this year marks the 30 Anniversary of Big Brothers and Big Sisters’
service to the community noting a Gala Event will be held on Saturday, November 17,
2007, at the Garnet B. Rickard Complex and requested the facility rental fee be
waived for the celebration. In summary, Ms. Brown urged members of the public to
consider becoming a mentor to enhance the life of a child who may be missing the
presence of a caring adult.
Council Meeting Minutes - 3 - September 10, 2007
Resolution #C-440-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT James McKeever, Matthew Johnston, Dave Climenhage and Dan Spendick be
added to the list of delegations and that the agenda be altered to allow Karen Buck to
be the last speaker to address the EFW project.
“CARRIED”
Bernhart Roth addressed Council concerning Item 4 of Report #1 regarding
applications submitted by the Durham Church Network for amendments to the Official
Plan and Zoning By-Law to permit a place of worship, associated day care facilities,
parking lot and playing fields. Mr. Roth stated he is opposed to the development as
he feels the site is inappropriate and premature for development. He suggested the
public notice for a church and a daycare was misleading as the proposed use will
generate a great deal of activity seven days per week. Mr. Roth expressed concern
with the tremendous impact on traffic, the protection of the adjoining ravine and
watercourse, and the need to provide a proper buffer zone for the four adjoining
property owners. In summary, Mr. Roth stated he feels the proposed use is
inappropriate, does not conform to the Official Plan or Zoning By-law and is not a
church use. He stated a church and some daycare activity could be workable and
requested the matter be further considered and that additional consultations take
place to develop a workable plan.
Elio DelGobbo addressed Council concerning Item 4 of Report #1 regarding
applications submitted by the Durham Church Network for amendments to the Official
Plan and Zoning By-Law to permit a place of worship, associated day care facilities,
parking lot and playing fields. Mr. DelGobbo stated he resides on Fices Road
adjacent to the proposal and expressed concern with lack of privacy from the
development. Mr. DelGobbo questioned whether a buffer would be constructed to
address issues of noise and visibility and whether construction would affect his water
supply or if any run-off contaminates would escape onto his property. He also
expressed concern with the increased traffic associated with the proposal.
Harold Larter was called but was not present.
Mayor Abernethy stated a pecuniary interest with respect to the delegation of
Jeffrey L. Rohr 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 - 4 - September 10, 2007
Jeffrey Rohr thanked Council for providing him with the opportunity to present his
findings stating, in the opinion of his firm, the campaign of Mayor Jim Abernethy is in
compliance with the requirements of the Municipal Elections Act, 1996.
There were no questions to Jeffrey Rohr.
Mayor Abernethy resumed the Chair.
Prior to hearing delegations concerning the Municipal Peer Review of the
Durham/York Residual Waste Environmental Assessment, Mayor Abernethy provided
a brief history on the Energy-From-Waste issue and stressed the importance of
receiving factual information for Council to make an informed decision on a long-term
solution to the refuse problem which will be of benefit to the citizens of Clarington.
Roger Anderson, Chair, Region of Durham addressed Council concerning the Update
on Municipal Peer Review of the Durham/York Residual Waste Environmental
AssessmentItem 6 of Report #1). Chair Anderson provided background information
(
on the joint Residual Waste Planning Study being undertaken by the Regions of
Durham and York to find a solution to manage residual solid waste remaining for
disposal after diversion. He noted both municipalities have aspired to a local energy-
from-waste solution and are working together to address the social, economic, and
environmental concerns of residents through a full Environmental Assessment Study
process. Chair Anderson stated Durham and York Regions are absolutely committed
to diverting as much waste as possible from disposal; however, even with expanded
diversion efforts, they continue to face the challenge of managing residual waste that
cannot currently be diverted. Chair Anderson advised due to the closing of existing
landfill sites in the Greater Toronto Area and the inability to develop new landfill
capacity, Durham, along with other GTA municipalities entered into contracts for the
export of their residential waste to a disposal facility in Michigan. He stated shipments
of Municipal Solid Waste to Michigan will end by 2010. In addition to solving long-
term, residual waste management issues, Durham and York recognize the growing
need for additional sources of energy generation in Ontario and recognize that there is
an opportunity associated with the utilization of the waste stream as a fuel source to
produce energy and have identified this as a key benefit associated with the current
waste disposal Environmental Assessment Study underway. Chair Anderson stated
the various opportunities associated with the project have the potential to stimulate
economic growth, through construction and jobs, both in the local community hosting
the energy-from-waste facility and in the host Regional municipality. He stated the
process is transparent, allows residents of both regions to participate and that under
the guidelines for the Environmental Assessment, the best local solution for Durham
will be developed.
Chair Anderson provided a written copy of his response to questions previously posed
by the Municipality of Clarington concerning the entire process.
Council Meeting Minutes - 5 - September 10, 2007
In response to questions concerning the closure of facilities in Europe, Chair
Anderson stated plasma facilities only in Europe were being closed due to their age
and were being replaced with newer models. He noted Europe is banning landfill and
there were currently 50 new plants under construction.
In response to questions concerning the impact on municipal taxes, Chair Anderson
stated it would depend on what type of an agreement was signed with a willing or
unwilling host and that tipping fees and revenue from heating would offset the
debenture and capital costs.
In response to a question concerning the difference between being a willing or
unwilling host community, Chair Anderson replied it would have no effect with regard
to the process, but hoped that Clarington would come to a decision after all
information is available.
In response to questions concerning a contingency plan, Chair Anderson advised
work is being undertaken on an alternative landfill capacity in the short term following
December 2010.
Kerry Meydam addressed Council concerning the Update on Municipal Peer Review
of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1)
(
stressing the importance of considering the social costs associated with pollution from
incineration facilities including global warming, acid rain, and the adverse impact on
human health associated with air pollution emissions and the release of toxic
substances to the environment. She acknowledged that no one wants landfill but
feels that the assertion that incineration will eliminate landfill is false and is not a
sustainable solution. Kerry Meydam stated she was here tonight to request Council to
listen to alternatives that have been suggested by members of the public for several
months and go back and reconsider all alternatives in a comprehensive way. She
feels there is an opportunity to reduce the cost of waste disposal, to create additional
jobs, to improve the quality of life and the reputation of the Region by developing a
region-wide program of recycling and materials recovery. Ms. Meydam feels that too
much time and energy has been invested in promoting incineration rather than
working aggressively toward a more effective waste diversion strategy.
Barry Bracken addressed Council concerning the Update on Municipal Peer Review of
the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1).
(
He stated those who have voiced their objection to incineration are also opposed to
landfills but recognize that they are a necessary evil, to be used less and less as we
strive toward their elimination. Mr. Bracken stated alternatives to incineration
including aggressive diversion, extended producer responsibility, stabilized landfills,
reduced need for disposal, improved packaging, reducing use of toxic materials have
all been previously brought forward and suggested Council access the website
durhamenvironmentwatch.org/Citizens Agenda for Zero Waste which outlines a
strategy that avoids incinerators and eventually eliminates landfills. Mr. Bracken
urged Council to ensure that the Region satisfactorily addresses all of the flaws and
Council Meeting Minutes - 6 - September 10, 2007
shortcomings identified by the peer review and that the size of the facility be limited to
dealing only with Durham’s waste.
Kristin Robinson addressed Council concerning the Update on Municipal Peer Review
of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1)
(
expressing concern that an Energy-From-Waste facility will be constructed regardless
of the will of the people. She stated she is currently against the proposed incinerator
for many reasons namely she believes that we can all do better than burning our
waste. Ms. Robinson acknowledges that while there will always be some garbage,
she feels that instead of concentrating time and money on an incinerator, we must get
to the root of the problem by educating producers to create products that can be
recycled and educating consumers about making smart decisions and sustainable
choices. She expressed concern that in Brampton unsorted waste is fed into the
incinerator 24 hours a day, 7 days a week with no monitoring of ultrafine particulates
or nanoparticles and that hundreds of other emissions, including dioxins and furans
are tested for only once a year as required by the Ministry of the Environment. She
urged Council to request the Region to investigate other solutions as originally
promised and reminded Council that an incinerator still needs landfill because of the
hazardous ash it creates.
Wendy Bracken advised prior to the meeting that she would not be speaking.
Resolution #C-441-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 9:15 p.m.
Wayne Ellis addressed Council concerning the Update on Municipal Peer Review of
the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1)
(
expressing concern with the transparency of the process and requesting that
interested parties be dealt with fairly and with respect when voicing their opinions to
Council. He stated the majority of residents want Council to declare Clarington an
unwilling host community noting through joint efforts, more citizens are becoming
aware of what the term “enery-from-waste” means. Mr. Ellis stated he is not
proposing old style landfill sites and has strong doubts that there won’t be costs
associated with an EFW facility as purported by the Regional Chair.
Council Meeting Minutes - 7 - September 10, 2007
Jaison Gibson addressed Council concerning the Update on Municipal Peer Review of
the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1).
(
Mr. Gibson stated he has yet to hear a sound positive attribute to this incinerator
process other than it will generate a lot of money. He questioned the risk to human
health in the long-term and felt society needs to look at how we live and to unite to
come up with viable solutions that are both environmentally friendly and good for the
economy. Mr. Gibson stated he is opposed to incineration and as a responsible
parent, he must consider moving his children out of harm’s way.
Shirley Crago addressed Council concerning the Update on Municipal Peer Review of
the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1).
(
Ms. Crago indicated she takes exception to the suggestion that the public is not
interested in the issue and recognized the importance of the work and the many hours
put into research by the citizens group lobbying against the incinerator. She noted
however, that the sound quality in the Council Chambers prevents meetings from
being informative. She questioned why all facilities toured on the European trips were
clients of the company that arranged the trips and why other types of disposal or
increased recycling programs have not been investigated. Ms. Crago expressed
concern with the human health risk associated with incineration and feels increased
recycling efforts will be positive for the environment and will have a great impact for
present and future generations.
Alexandra Bennett was called but was not present.
Katherine Miles addressed Council concerning the Update on Municipal Peer Review
of the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1)
(
to discuss alternatives to incineration. Ms. Miles feels adopting a Zero Waste Strategy
would be a very practical approach for both local authorities and activists as it
recognizes the importance of recycling. She stated a Zero Waste Strategy combines
community practices such as reuse, repair, recycling, toxic removal and composting
with industrial practices such as eliminating toxics and redesigning packaging and
products while creating local jobs and businesses and offering major corporations with
a way of increasing their efficiency. Ms. Miles highlighted key policy steps required to
launch a Zero Waste Program which she feels is superior to reliance on waste
landfilling or incineration.
Jim Richards was called but was not present.
Council Meeting Minutes - 8 - September 10, 2007
Linda Gasser addressed Council concerning the Update on Municipal Peer Review of
the Durham/York Residual Waste Environmental AssessmentItem 6 of Report #1) to
(
ask Council to formally request the site-selection reports and evaluation criteria from
the Region, and to request that the Regions alter their proposed EA timetable and site
selection announcement to allow Clarington staff, the public and Council to fully
consider and respond to withheld information to protect Clarington’s interests. Ms.
Gasser feels site selection should not have been separated from technology selection
as they need to be fully assessed together to determine the project’s safety. She also
requested the Project Team to provide the site evaluation criteria in advance of the
site selection announcement so that the rationale of why a particular site or sites were
selected.
Kathi Bracken was called but was not present.
Cathrine McKeever addressed Council concerning the Update on Municipal Peer
Review of the Durham/York Residual Waste Environmental AssessmentItem 6 of
(
Report #1). Ms. McKeever stated not all members of the public feel Clarington should
be declared an unwilling host and that they should not be considered as such. She
stated incinerators are the least producers of dioxins and highlighted numerous other
sources of emissions including the number of pesticides that are sprayed on crops.
Ms. McKeever stated decreasing reliance on oil products and using natural products
would go a long way to eliminating dioxins and PCB’s. She presented Council with a
package of reference material regarding landfill issues and new waste technologies.
Paul Andre Larose was called but was not present.
Don Wilkinson was called but was not present.
Louis Bertrand was called but was not present.
Resolution #C-442-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT James McKeever be heard following the remainder of the delegations.
“CARRIED”
Matthew Johnston addressed Council concerning the Minutes of Settlement for
Rezoning and Draft Plan of Subdivision Applications submitted by First-Tech
Mechanical Systems Inc., Maria Wulczyn, and Percy Napper to permit medium
density residential uses - (Item 10 of Report #1) advising the joint landowners are in
favour of the settlement and urged Council to approve the agreement.
Council Meeting Minutes - 9 - September 10, 2007
Dave Climenhage addressed Council concerning the Update on the Municipal Peer
Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of
Report #1) advising Andrew Knox of the University of Western Ontario has completed
an extensive review of Energy-From-Waste technology and encouraging anyone who
wants further knowledge to read this report. Mr. Climenhage expressed concern that
daily trucking of Durham’s garbage to Michigan emits dioxins and furans and that a
properly controlled Energy-From-Waste facility would generate less toxic emissions
than one single diesel truck and is far less polluting that controlled landfill sites. He
stated the option of waste reduction is one the public is committed to but noted it is a
long-term process which will require many new strategies to achieve. Mr. Climenhage
advised a state-of-the-art Energy-From-Waste facility would be far less polluting than
landfill. He feels the critical issue is to ensure that the process selected achieves the
highest technology with the lowest emission.
Dan Spendick, Partner, R. M. Auctions, addressed Council advising his company has
been contracted by Fosset Motors to auction their entire collection of classic autos at
1774 Concession Road 7 this weekend. Mr. Spendick stated in order to conduct the
auction he requires the issuance of a building permit for a temporary tent structure.
Mr. Spendick highlighted the economic benefits the auction will have on the local
economy and advised they have addressed any potential traffic concerns by engaging
the services of paid-duty officers and having police presence on the road.
Mr. Spendick stated he is confident the event will generate positive results for the
community and asked Council to approve the permit so the auction could proceed as
planned.
In response to questions, Mr. Spendick replied this is a one-time event as all cars are
to be sold, that the neighbours have been canvassed and he is not aware of any
concerns raised.
James McKeever addressed Council concerning the Update on the Municipal Peer
Review of the Durham/York Residual Waste Environmental Assessment (Item 6 of
Report #1) advising his family has practiced recycling for 35 years and that he has
been attending open houses and seminars on garbage for approximately 5 years.
Mr. McKeever feels much of what has been reported recently in newspapers and
claims made with respect to diversion measures have been misrepresented.
Mr. McKeever feels it is important that up-to-the-minute information is made available
and that he supports an Energy-From-Waste Facility but will not support a landfill.
Karen Buck was called but was not present.
Council Meeting Minutes - 10 - September 10, 2007
COMMUNICATIONS
Resolution #C-443-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information, including Hand-out
Correspondence Items I - 12 and I - 13, be approved, except Items I - 8 and I - 9.
“CARRIED”
I - 1 Minutes of the Clarington Heritage Committee dated June 19, 2007.
A01.CL
I - 2 Minutes of the Central Lake Ontario Conservation Authority dated
A01.CE July 17, 2007.
I - 3 Minutes of the Newcastle Community Hall Board dated May 15,
A01.NE 2007.
I – 4 Bonnie Gagné, Executive Director, Durham Family Court Clinic,
A01.GE forwarding their Annual Report, reflecting the agency’s mission and
M07.GE purpose and providing a reflection of the past fiscal year, and
forwarding a copy of their “You” Newsletter, providing important
updates and information regarding new and expanded services of
the organization.
I – 5 Robert L. Stevens expressing support for an Energy From Waste
E07.EN facility. As one of the silent majority, he can’t wait for incineration of
our garbage to happen and questions the building of mountains of
landfill garbage when the technology is available to get some return
from our refuse. Mr. Stevens is also embarrassed as a Canadian,
that with all our land mass and small population (5 people per sq.
mile) that we have resorted to sending our garbage to the U.S.A. in
view of the harm 100 trucks cause to the environment traveling from
Clarington to Michigan each day.
I – 6 Association of Municipalities of Ontario (AMO) Member
A01.AM Communication dated July 24, 2007, advising of the Municipal
Energy Conservation Template developed to aid municipalities in
assessing energy usage and conservation strategies to reduce
energy demands and to assist in phasing energy planning and
reporting requirements; and, encouraging members to download the
template from the AMO website at www.amo.on.ca.
Council Meeting Minutes - 11 - September 10, 2007
I – 7 Raymond Mantha, P.Eng., Executive Director, Ministry of
T.06.GE Transportation, advising that full inspections of all steel deck truss
bridges on the provincial highway system has been ordered as a
precaution by the Ministry, in light of the recent collapse of the
Interstate 35W Bridge over the Mississippi River in Minnesota; and,
encouraging municipalities with steel deck truss bridges to complete
these inspections as well.
I – 10 Steve Jacobs, P.Eng., Senior Project Manager, URS Canada Inc.,
T05.HI forwarding copies of the Transportation Environmental Study Report
(TESR) for the Highway 35 Four-Lane Planning and Preliminary
Design Study and the Highway 35/Highway 7A Connection Study to
be made available for public review from September 7 to October
22, 2007, and advising a “Notice of Submission of the
Transportation Environmental Study Report” will be placed in the
Canadian Statesman on September 5, 2007, indicating interested
persons may provide written comments to the Ministry of
Transportation during the 45-day review period. The TESR can
also be downloaded from the project website at
http://highway35.planningstudy.on.ca.
I – 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
M02.GE Conservation Authority (CLOCA), forwarding information on
CLOCA’s 2007 Watershed Awards to recognize environmental
contributions made by the community towards the stewardship and
enhancement of the watersheds and seeking nomination
suggestions for contributions made by individuals, community
groups and businesses/corporations. The deadline for submission
is September 17, 2007.
I – 12 Doug Hartford advising he has been following the ongoing
E07.EN discussion regarding garbage disposal and has travelled to several
European countries and has found in discussion regarding the
subject – they were very proud of their facilities – sorting –
incineration to energy and recycling by-products. His only concern
with the proposed program with York is that it be located very close
to the 400 series of highways or a rail siding, or both. He feels that
with careful thought and planning, and state of the art equipment,
this has to be a better way than hauling all this tonnage 6 – 7 hours
to a landfill.
Council Meeting Minutes - 12 - September 10, 2007
I – 13 Glenda Gies – forwarding her comments on the Durham/York
E07.EN Residual Waste Environmental Assessment. Her comments
address areas of quantity and quality of residual waste stream, the
site selection process, residents’ role in the EA Process and
additional peer review.
I – 8 Betteanne M. Cadman, CMO, President, Association of Municipal
A01.AM Managers, Clerks and Treasurers of Ontario (AMCTO) announcing
the launch of AMCTO’s new membership service recognition
program designed to acknowledge member’s longstanding
commitment to the Association and to the municipal profession;
and, recognizing the following individual members of Clarington’s
staff for their ongoing support of the Association:
Patti L. Barrie, CMO 20 year award
Marie A. Marano, AMCT 20 year award
Linda Bruce, AMCT 10 year award
Jennifer Cooke, AMCT 10 year award
Nancy Taylor 10 year award
Maureen Wiles-Frost, AMCT 10 year award
Cindy Fleming, AMCT 10 year award
C. Anne Greentree, CMO 10 year award
Wendy Chandler 10 year award
Resolution #C-444-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT Correspondence Item I – 8 be received for information.
“CARRIED”
I – 9 Association of Municipalities of Ontario Member Communication
A01.AM (AMO) dated August 29, 2007, advising of the amendments to
regulations under the Ontario Works Act and Ontario Disability
Support Program (ODSP) Act to implement the upload of Ontario
Drug Benefit costs associated with both programs effective January
1, 2008, and the phased implementation of the upload of ODSP
administration and benefits by 2001, as part of the ongoing
Provincial-Municipal Fiscal and Service Delivery Review.
Council Meeting Minutes - 13 - September 10, 2007
Resolution #C-445-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT Correspondence Item I - 9 be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-446-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Items be approved as per the agenda with the exception of
Items D - 11 to D - 16, inclusive.
“CARRIED”
D – 1 Jane Black, Secretary, Newcastle Business Improvement Area,
M02.GE requesting the closure of King Avenue from Baldwin Street to
Beaver Street from 1:00 p.m. on Friday, October 5, 2007, and all
day Saturday, October 6, 2007, for the Annual Newcastle Fall
Festival.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D – 2 Karyn Kennedy, Executive Director, Boost: Child Abuse Prevention
M02.GE & Intervention (formerly Toronto Child Abuse Centre) advising of the
rd
3 Annual “Go Purple for Prevention! Campaign” to raise
awareness and provide education on efforts to eliminate abuse and
violence in the lives of children and youth; and, requesting Council
to proclaim October as “Child Abuse & Neglect Prevention Month”
and October 1, 2007, as “Go Purple for Prevention Day” in
Clarington.
(Proclaimed)
D – 3 John Colville, submitting a petition from area residents requesting a
T08.GE reduction of the speed limit on Baseline Road, west of Westside
Drive to Holt Road to 50 km per hour and the application of a “Road
Watch” program in the aforementioned area.
(Correspondence referred to the
Director of Engineering Services)
Council Meeting Minutes - 14 - September 10, 2007
D – 4 Terrance J. DeYoung, expressing concern with proposed
D.14 development of properties abutting Highway 2 and along Darlington
Boulevard and citing several problematic issues regarding traffic,
parking, decreased property values, loss of neighbourhood
aesthetics, and increased crime rates should the construction of a
multi-storey apartment building be approved for development.
(Correspondence referred to the
Director of Planning Services)
D – 5 Residents of Varcoe Road, Dale Park Drive and Bridle Court
P01.GE submitting a petition requesting the installation of “No Parking”
restrictions on Varcoe Road, Dale Park Drive and Bridle Court or
alternatively provide a reduction in property taxes to residential
properties affected by the parking issues resulting from the Courtice
Health Centre’s implementation of a pay for parking system.
(Correspondence referred to the
Director of Engineering Services)
D – 6 Douglas Browning tendering his resignation from the Property
C12.PR Standards Committee as he is no longer a resident of Clarington.
(Correspondence received with regret,
and referred to the Municipal Clerk)
D – 7 Jaki MacKinnon, Executive Director, Bethesda House, requesting
P11.GE permission to host the 3rd Annual “Clarington Take Back the Night
M02.GE Walk”, an international event for women to “reclaim” the streets after
dark, to be held on September 18, 2007, from 6:00 p.m. to 9:00
p.m.; enclosing a map of the route; and, advising liability insurance
has been arranged.
(Approved, provided the organizers
apply for and obtain a Road Occupancy
Permit from the Engineering Services
Department)
D – 8 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage
M02.GE Trust, inviting Council to participate in the 2007 Young Heritage
Leaders Program by submitting up to three nominations, one in
each of the heritage areas – built, cultural and natural, to
acknowledge young volunteers for their significant contributions to
heritage conservation; enclosing information on the program; and,
encouraging Council to work with local heritage organizations and
youth groups to identify worthy young recipients. The nomination
deadline is October 31, 2007.
(Correspondence referred to the
Municipal Clerk to place an ad in the
local newspapers)
Council Meeting Minutes - 15 - September 10, 2007
D – 9 Sid Ryan, President, CUPE Ontario, and Shellie Bird, President,
M02.GE Ontario Coalition for Better Child Care (OCBCC), requesting that
October 24, 2007, be proclaimed as “Child Care Worker & Early
Childhood Educator Appreciation Day” in recognition of the
influence, dedication and commitment of child care workers to
children, their families and quality of life of the community.
(Proclaimed)
D – 10 John Johnson, Poppy Chairman, Royal Canadian Legion Branch
M02.GE 178, requesting to add the word “Peacekeepers” onto the
Bowmanville Cenotaph and to inscribe Trooper Darryl Caswell’s
name beneath the Peacekeepers dedication; and, proposing an
official dedication of the Bowmanville Cenotaph be considered for
next year.
(Correspondence referred to the
Director of Operations)
D – 11 K. Kerr, Head of Council, Tay Valley Township, advising Council
C10.GE that on July 10, 2007, the Township of Tay Valley passed the
following resolution pertaining to Surface-Rights Only Properties
and Mining Rights:
“WHEREAS Ontario’s municipal governments recognize the
importance of Ontario’s mining sector to the Ontario economy and
to the economies of mining communities; and
WHEREAS Canadian law has traditionally recognized as a
fundamental freedom, the right of the individual to the enjoyment of
property, a right not to be deprived thereof; and
WHEREAS the Mining Act of Ontario recognizes separate mining
and surface rights on many private lands, bringing about a state of
affairs where there may be two owners to one property; and
WHEREAS mining activities on these properties have frequently
resulted in property damage, environmental degradation, and
unmapped mining hazards, disturbing residents’ quiet enjoyment of
the land and risking public health and safety; and
WHEREAS mining activities, prior to advanced exploration, are not
subject to any municipal authority, conservation authority,
environmental review, nor the approval of the landowner; and
Council Meeting Minutes - 16 - September 10, 2007
WHEREAS municipal governments in regions with an abundance of
surface-rights only (SRO) properties have previously called on the
Ministry of Northern Development and Mines to reunite surface and
mining rights on SRO properties to resolve the situation; and
WHEREAS many of these properties are on residential, cottage,
recreational lands and some in areas of Environmental, Cultural and
Heritage significance where mining is incompatible with established
land use practice; and
WHEREAS the Mining Act provides for Ministerial discretion and the
ability to cancel or annul the forfeiture of any lands or mining rights
under the Act;
NOW THEREFORE BE IT RESOLVED THAT in support of AMO’s
position, Tay Valley Township petition the Premier and the Minister
of Northern Development and Mines to reunite surface and mining
rights on SRO properties when requested by the SRO property
owner or the municipality in order to effectively resolve this issue.”
Resolution #C-447-07
Moved by Councillor Trim, seconded by Councillor Foster
THAT Correspondence Item D – 11 be received for information.
“CARRIED”
D – 12 Municipality of West Grey advising Council that on August 8, 2007,
C10.GE the Municipality of West Grey passed the following resolution
pertaining to amendments to the Ontario Building Code Act, 1992:
“WHEREAS, section 36(8) of the Ontario Building Code Act, 1992,
as amended, states that “No proceeding under this section shall be
commenced more than one year after the time when the subject-
matter of the proceeding arose”;
AND WHEREAS, the effect of this clause is to restrict the ability of a
municipality to take appropriate legal action in circumstances where
buildings and structures have been placed on municipal properties
without first having obtained building permits for same;
BE IT RESOLVED THAT, the Municipality of West Grey hereby
supports amending section 36(8) of the Building Code Act, 1992, as
amended, to provide municipalities a time limit of two (2) years from
the date of discovery for commencing legal proceedings:
Council Meeting Minutes - 17 - September 10, 2007
AND FURTHER THAT, a letter be forwarded to the Minister of
Municipal Affairs; Ministry of Municipal Affairs, Building &
Development Branch; Ontario Building Officials Association
(OBOA); and to the Association of Municipalities of Ontario for
distribution and support from all municipalities in Ontario.”
Resolution #C-448-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item D – 12 be received for information.
“CARRIED”
D – 13 Jo-Anne McFarland, Secretary, Durham-York-Victoria Landowners
L11.GE Association, requesting Council to seek written clarification from
Durham Regional Council that the Region’s interpretation and
implementation of the Source Water Protection Act will not include
the metering of private residential wells now or at any time in the
future.
Resolution #C-449-07
Moved by Councillor Novak, seconded by Councillor Woo
THAT the request from the Durham-York-Victoria Landowners Association
requesting Council to seek written clarification from Durham Regional Council
on the Region’s interpretation and implementation of the Source Water
Protection Act concerning private residential wells be endorsed ‘in principle’.
“CARRIED”
D - 14 Jason King, Alcatraz Skates, submitting a proposal to name the new
R05.GE skateboard park being constructed at the Courtice Community
Centre after Rob Piontek, a young skateboard enthusiast and
Skateboard Park Counsellor for Clarington, who died tragically on
August 19, 2007.
Council Meeting Minutes - 18 - September 10, 2007
Resolution #C-450-07
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the request from Jason King, Alcatraz Skates to name the new
skateboard park at the Courtice Community Centre after Rob Piontek be
referred to staff for consideration in accordance with the Naming of Municipal
Buildings/Facilities Policy.
“CARRIED”
D - 15 Brian Jones requesting the municipality to plan to celebrate
M02.GE “National Flag Day”, proclaimed in 1996 as February 15th, and to
co-ordinate with other levels of government to make Canadian flags
available to citizens to collectively keep the spirit of the nation.
Resolution #C-451-07
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the request from Brian Jones concerning the celebration of ‘National Flag
Day’ and the supply of Canadian Flags be approved.
“MOTION WITHDRAWN”
Resolution #C-452-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the request from Brian Jones concerning the celebration of ‘National Flag
Day’ and the supply of Canadian Flags be received for information and referred
to the Municipality’s Provincial and Federal Members of Parliament.
“CARRIED”
D - 16 Corporation of the Township of Tyendinaga advising Council that on
C10.GE August 13, 2007, the Township of Tyendinaga passed the following
resolution pertaining to land claim negotiations:
“WHEREAS aboriginal Land Claims in Ontario are encompassing
many municipalities and there is no mechanism to legally protect
the municipal interest
Council Meeting Minutes - 19 - September 10, 2007
WHEREAS the Mohawks of the Bay of Quinte initiated a Land
Claim known commonly as the Culbertson Tract in 1995
AND WHEREAS the Culbertson Claim is for approximately 827
acres within the Town of Deseronto and the Township of
Tyendinaga
AND WHEREAS the Federal Government reviewed the Claim and
accepted it for negotiation in 2003
AND WHEREAS negotiations began in 2004
AND WHEREAS the Government of Ontario is our primary partner
in regards to municipal affairs
AND WHEREAS the Government of Ontario has been invited to, but
has declined to sit at the negotiating table
AND WHEREAS the Municipality of the Township of Tyendinaga
has not been invited to sit at the negotiating table
THEREFORE BE IT RESOLVED that negotiations be stayed until
the Township of Tyendinaga is granted a place at the negotiating
table as the property being discussed is partly within the municipal
boundaries
BE IT FURTHER RESOLVED that negotiations be stayed until the
Government of Ontario comes to the negotiating table and begins to
take an active role in protecting the municipal interest
BE IT FURTHER RESOLVED that municipal interests in these
matters are given concrete legal standing within the Government of
Canada’s land claim framework
BE IT FINALLY RESOLVED this resolution be sent to the
Association of Municipalities of Ontario for distribution and support
from all upper and lower tier municipalities in Ontario, the Minister of
Indian and Northern Affairs Canada, the critic for Indian and
Northern Affairs Canada, the Member of Parliament, the Ontario
Minister of Aboriginal Affairs, the Member of Provincial Parliament,
and the Premier of Ontario seeking support of this resolution.”
Council Meeting Minutes - 20 - September 10, 2007
Resolution #C-453-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item D – 16 be received for information.
“CARRIED”
MOTION
NOTICE OF MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report September 4,
2007
Resolution #C-454-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of September 4,
2007, be approved, with the exception of Item #6.
“CARRIED”
Item # 6
Resolution #C-455-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-097-07 be received;
THAT Section 3.3 and Attachments 6 and 8A to Report PSD-097-97 be approved as
the Municipality of Clarington’s comments, to date, for the Site Selection segment of
the EA process;
THAT Section 3.4 and Attachments 7 and 8B to Report PSD-097-97 be approved as
the Municipality of Clarington’s comments, to date, on the Generic Human Health and
Ecological Risk Assessment, a component of the EA process;
Council Meeting Minutes - 21 - September 10, 2007
THAT Clarington request that the Region provide the other reports; including the
Traffic Impact Analysis, Archeological Assessment, Air and Groundwater Monitoring,
Environmental Impact Study; Land Use, Infrastructure and Servicing Assessments;
with sufficient time given to the Municipality and others to review and comment, prior
to completing their analysis and selecting a preferred site;
THAT a copy of Report PSD-097-97 be forwarded to the Region of Durham, the
Region of York and Ministry of Environment; and
THAT all interested parties, including the Regions of York and Durham, and the Joint
Waste Management Committee, be notified of Council’s decision.
“CARRIED AS AMENDED
LATER IN THE MEETING”
(SEE FOLLOWING AMENDING MOTIONS)
Resolution #C-456-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 5
as follows:
‘THAT The Regional Municipalities of Durham and York be requested to
withhold making a decision on the site of the Energy-from-Waste facility until
the thermal technology is known.’
“MOTION LOST”
Resolution #C-457-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 5
as follows:
‘THAT the Region of Durham be requested to provide to the Municipality of
Clarington written confirmation of the minimum guaranteed operating standard
for emissions and that a 24/7 emissions monitoring systems is to be required in
the RFP.’
“CARRIED”
Council Meeting Minutes - 22 - September 10, 2007
Resolution #C-458-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the foregoing Resolution #C-455-07 be amended by adding a new paragraph 6
as follows:
‘THAT a representative of Clarington doctors be invited to participate in any
possible host community arrangements with respect to emissions controls and
health concerns, subsequent to the preferred site being identified.’
“MOTION LOST”
Resolution #C-455-07 was then put to a vote and “CARRIED AS AMENDED”.
Mayor Abernethy stated a pecuniary interest with respect to Report #2 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 the remainder of the meeting.
Report #2 - Report CLD-030-07 - Compliance Audit - Mayor Abernethy
Resolution #C-459-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CLD-030-07 be received; and
THAT staff be directed to recover the cost of the compliance audit of the election
financial returns of Mayor Jim Abernethy from the applicant.
“CARRIED”
Report #3 - Report COD-047-07 - CL2007-40, Asphalt Resurfacing - Contract 2 -
Various Streets, 2007 - Mill Street Grade Separation
Resolution #C-460-07
Moved by Mayor Abernethy, seconded by Councillor Novak
THAT Report COD-047-07 be received;
Council Meeting Minutes - 23 - September 10, 2007
THAT Lafarge Paving and Construction Ltd., Oshawa, Ontario with a total bid in the
amount of $1,085,252.45 (Plus GST), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2007-40 be awarded the contract for
the Asphalt Resurfacing – Contract 2, Various Streets, 2007 and Phase 1 of the Mill
Street Grade Separation Project as required by the Engineering Department;
THAT funds required in the amount of $1,293,000.00 (which includes $1,085,252.45
tendering, consulting and contingencies) be drawn from Engineering Capital Accounts
#110-32-330-83212-7401 in the amount of $552,000.00 and #110-32-330-83263-7401
in the amount of $771,000.00; and
THAT the By-law attached to Report COD-047-40 marked Schedule “A” authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
“CARRIED”
Report #4 - Confidential Verbal Report of the Solicitor – Property Matter
Resolution #C-461-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report #4 be referred to the end of the agenda to be considered during a
“closed” session of Council.
“CARRIED”
Report #5 – Confidential Verbal Report of the Solicitor
Resolution #C-462-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report #5 be referred to the end of the agenda to be considered during a
“closed” session of Council.
“CARRIED”
Council Meeting Minutes - 24 - September 10, 2007
UNFINISHED BUSINESS
Resolution #C-463-07
Moved by Mayor Abernethy, seconded by Councillor Hooper
THAT the delegation of Darlene Brown, Executive Director, Big Brothers & Big Sisters
of Clarington be received for information.
“MOTION WITHDRAWN”
Resolution #C-464-07
Moved by Councillor Woo, seconded by Councillor Hooper
THAT September, 2007 be proclaimed “Big Brothers & Big Sisters” Month and
advertised in accordance with Municipal Policy.
“CARRIED”
Resolution #C-465-07
Moved by Mayor Abernethy, seconded by Councillor Foster
THAT the request of Darlene Brown to waive the rental fee of the Garnet B. Rickard
Recreation Complex be received with thanks.
“CARRIED”
Resolution #C-466-07
Moved by Councillor Novak, seconded by Mayor Abernethy
THAT an application for a Special Events Permit be processed for Dan Spendick, RM
Auctions, to allow for the classic car auction to be held September 14, 15 and 16,
2007, with the 30-day application submission deadline being waived.
”CARRIED”
Council Meeting Minutes - 25 - September 10, 2007
OTHER BUSINESS
Resolution #C-467-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Jack Julicher be appointed to the Property Standards Committee for a term
concurrent with the term of Council; and
THAT all applicants be advised of Council’s decision.
“CARRIED”
Councillor Foster advised of the Beef Barbeque being held at the Zion United
Church on Saturday, September 15, 2007.
Councillor Woo congratulated the Director of Operations and staff for receiving
the Gold Award in the 2007 Canadian National Exhibition’s Garden Display.
Councillor Trim advised there will be a collection of household hazardous waste
on Saturday, September 15, 2007 at the Bowmanville Animal Shelter, 33 Lake
Road, from 9:00 a.m. to 12:00 noon.
Resolution #C-468-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the meeting be “closed” in order to consider Reports #4 and #5.
“CARRIED”
Resolution #C-469-07
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the actions taken during the “closed” session of Council be ratified.
“CARRIED”
Council Meeting Minutes - 26 - September 10, 2007
BY-LAWS
Resolution #C-470-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2007-184 to 2007-189, inclusive, and
that the said by-laws be now read a first and second time.
“CARRIED”
2007-184 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Hybridyne Power System Canada)
2007-185 Being a by-law to authorize entering into of Minutes of Settlement
between First-Tech Mechanical Systems Inc., Maria Wulczyn, and
Percy Napper and the Corporation of the Municipality of Clarington
to resolve an appeal to the Ontario Municipal Board regarding
conditions of approval of draft Plan of Subdivision S-C-2001-002,
rezoning application ZBA 2001-016, and conditions of consent to
convey LD 158/2000 (First-Tech Mechanical Systems Inc., Maria
Wulczyn, and Percy Napper)
2007-186 Being a by-law to authorize entering into of Minutes of Settlement
between Headgate Developments Inc. and the Corporation of the
Municipality of Clarington to resolve an appeal to the Ontario
Municipal Board regarding amended conditions of approval of draft
Plan of Subdivision 18T-89044 (Headgate Developments Inc.)
2007-187 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Dave Boyle Excavating Limited,
Bowmanville, Ontario, to enter into an agreement for the Stevens
Road Culvert Construction & Stream Alignment
2007-188 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Lafarge Paving and
Construction Ltd., Oshawa, Ontario for the Asphalt Resurfacing –
Contract 2, Various Streets, 2007 and Phase 1 of the Mill Street
Grade Separation Project
2007-189 Being a by-law to authorize the execution of Minutes of Settlement
between the Municipality of Clarington and Mr. Glen Ransom of
claims arising out of the expropriation of 66 East Beach Road,
Bowmanville
Council Meeting Minutes
- 27-
September 10, 2007
Resolution #C-471-07
Moved by Councillor Foster, seconded by CouncillorHooper
THAT the third and final reading of By-laws 2007-184 to 2007-189, inclusive, be
approved.
"CARRIED"
Mayor Abernethy a stated pecuniary interest earlier in the meeting and refrained from
voting on the confirming by-law.
CONFIRMING BY-LAW
Resolution #C-472-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2007-190, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 10th day of September, 2007, and that the said by-law be now read a first and
second time.
"CARRIED"
Resolution #C-473-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the third and final reading of By-law 2007-190 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-474-07
Moved by Mayor Abernethy, seconded by Councillor Novak
M9~
"CARRIED"
THAT the meeting adjourn at 11:59 p.m.