HomeMy WebLinkAbout09/24/2007
Council Meeting Minutes
September 24, 2007
Minutes of a regular meeting of Council held on September 24, 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
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Manager, Municipal Law Enforcement Division, L. Creamer, attended
until 9:30 p.m.
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Library Director, E. Hopkins, attended until 10:14 p.m.
Manager of Operations, F. Horvath
Director of Corporate Services, M. Marano
Corporate Safety and Project Manager, B. Taylor, attended until 10:14 p.m.
Director of Finance/Treasurer, N. Taylor
Fire Chief, G. Weir
Administrative Assistant to the Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Later in the meeting Councillor Foster stated a pecuniary interest with respect to
Report #2.
Councillor Hooper indicated he would be stating a pecuniary interest with respect to
Item 6 of Report #1.
Mayor Abernethy indicated he would be stating a pecuniary interest with respect to the
delegation of Richard Ward.
Council Meeting Minutes - 2 - September 24, 2007
MINUTES
Resolution #C-475-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on September 10, 2007, be
approved.
“CARRIED”
Resolution #C-476-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Wendy Bracken, Jaison Gibson, Kristin Robinson, Ron Collis, Kerry Meydam,
John Wegener and Jim Strickland be added to the list of delegations and that the
delegation of Shirley Crago be deleted from the agenda.
“CARRIED”
DELEGATIONS
Kim Gavine, Executive Director, Oak Ridges Moraine Foundation, addressed Council
to provide an update on the progress made to date by the Oak Ridges Moraine
Foundation and to present the Foundation’s progress report - “A Foundation for
Success on the Oak Ridges Moraine”. Ms. Gavine advised the Foundation, a not-for-
profit corporation, was established in 2002 to help protect the Oak Ridges Moraine by
providing funding support to help preserve, protect and restore the ecological integrity
of the moraine. Through use of a PowerPoint presentation, she provided an overview
of the Foundation’s achievements and findings, project funding, and reviewed future
opportunities. Ms. Gavine noted a total of $31.8 million has been allocated to new
conservation projects on the moraine with 21 projects funded in Durham Region
including land acquisition, natural heritage inventories, landowner contact and
stewardship projects. Ms. Gavine summarized by stating much has been
accomplished over the past four years but that more work is required to protect the
Moraine’s vital ecosystem. She stated the Foundation needs more time to educate
young persons and the general public and requested the Municipality’s assistance by
continuing to support ORM stakeholders working in Durham, identifying and
participating in new projects, helping to identify other funding partners and advocating
for the continued need of protecting, conserving and restoring the Oak Ridges
Moraine. Kim Gavine encouraged members of Council to read the progress report.
Council Meeting Minutes - 3 - September 24, 2007
Krista Stainton addressed Council concerning Item 4 of Report #1 regarding
applications to amend the Clarington Official Plan and Zoning By-Law submitted by
1276467 Ontario Limited to permit apartment and townhouse uses, remove the
Neighbourhood Park Symbol, and permit additional commercial parking for lands
fronting Durham Highway 2. Ms. Stainton stated as a resident of Kingswood Drive
she was here to express official opposition to the proposed multi-storey condo
dwelling. She advised residents of her street and the surrounding roadway links are
very concerned with increased traffic congestion and safety implications of a high
density development. Ms. Stainton acknowledged the results of the traffic impact
study but felt the study needed to be conducted during peak periods and questioned
what measures would be put into place to mitigate traffic problems as a result of the
development. Ms. Stainton requested a comprehensive traffic study be undertaken
and that Council reserve their decision until a traffic plan is in place and residents
have the opportunity to review the plan and provide comments.
In response to questions, Ms. Stainton replied that the biggest concern is how the
development will affect congestion in the area and that residents find current traffic
conditions unacceptable. She further replied that traffic calming measures might be
helpful but does not feel they would make enough of an impact.
Roman Zydownyk addressed Council concerning Item 4 of Report #1 regarding
applications to amend the Clarington Official Plan and Zoning By-Law submitted by
1276467 Ontario Limited to permit apartment and townhouse uses, remove the
Neighbourhood Park Symbol, and permit additional commercial parking for lands
fronting Durham Highway 2. Mr. Zydownyk stated he was speaking tonight on behalf
of a number of residents living in the surrounding area who oppose the development
and to formally present Council with a petition containing over 100 signatures
supporting their position. Mr. Zydownyk highlighted issues of concern including traffic
and safety related matters, the need for increased resources for local, municipal and
provincial services such as emergency services and health care, the impact of road
improvements to Darlington Boulevard on property taxes and increased costs for
services. Mr. Zydownyk summarized by stating there will be a significant traffic
hazard caused by the development that will decrease the value of their properties and
quality of life. He acknowledged that while development is inevitable and affordable
housing is needed, the infrastructure has to be in place to support the development
and a plan must exist for the future. Mr. Zydownyk expressed support for the original,
intended and currently approved use of the property as approved in the Official Plan.
Sheila Costanzi addressed Council concerning Item 4 of Report # 1 regarding
applications to amend the Clarington Official Plan and Zoning By-Law submitted by
1276467 Ontario Limited to permit apartment and townhouse uses, remove the
Neighbourhood Park Symbol, and permit additional commercial parking for lands
fronting Durham Highway 2. Ms. Costanzi stated area residents do not feel a six
storey development is compatible with the existing neighbourhood noting the proposal
does not conform to the maximum height requirements defined in the municipality’s
Official Plan. She stated the development will have a negative impact on the Farewell
Council Meeting Minutes - 4 - September 24, 2007
Creek greenbelt, there will be an increase in garbage, vandalism and property taxes
and questioned what the effect reconstruction of Darlington Boulevard will have on
local septic beds. Ms. Costanzi urged Council to keep high density development and
traffic flow on Highway 2 and to work with the community to provide the best option for
all.
Lois Neill addressed Council concerning illegal dumping and traffic concerns relating
to a business located on Part Lot 31, Concession 5, Enfield Road. Mrs. Neill stated
the property in question was sold a year ago and is now owned by a trucking and
hauling business and they are operating it similar to a gravel pit with trucks coming
and going at all hours. She noted she lives adjacent to this property and it is littered
with old tarps, rebar, cement, pcb’s, etc., and the owner is planning to raise the land
by four feet. Mrs. Neill is concerned that her well could be in jeopardy with the run-off
and she currently is unable to cut grass on the edge of her property because of the
washout. She expressed concern that she has made several telephone calls to
municipal officials, but there has been no resolve to the problem. She also requested
th
investigation into an all-way stop at Enfield Road at the 6 Concession to slow traffic
down.
Don Welsh introduced Angie Darlison, Executive Director, Clarington Older Adult
Association who addressed Council concerning support for Elder Persons Centre
Grant Funding. Ms. Darlison stated the Association was established in 1998 to
provide quality social and leisure opportunities for older adults and that membership
has steadily increased to over 800 participants. She noted since its establishment,
the association has been working in partnership with government officials to ensure
that appropriate applications are submitted; however, they have yet to receive
Provincial funding. She noted that the Clarington Older Adult Association is the only
centre in Durham Region that is not supported by the Elder Persons Centre Grant
funding and consequently, increased funding is required otherwise programs and
services may be negatively impacted. Ms. Darlison feels Clarington residents are not
being treated equally and requested Council to endorse a resolution to petition the
Provincial government to provide funding to the Clarington Older Adult Association
under the Elder Persons Centre Grant Funding Program.
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.
Richard Ward addressed Council expressing concerns that there are several
omissions in the audited financial statements of Mayor Jim Abernethy’s election
campaign. Mr. Ward feels Mayor Abernethy’s audit was falsely prepared and referred
to the number of election signs and the stated costs. He feels the actual value of the
goods and services were not applied to the purchase of signs and the issue is a
serious violation of the Municipal Elections Act. Mr. Ward requested a criminal
investigation be undertaken into the matter.
Council Meeting Minutes - 5 - September 24, 2007
The Mayor resumed the Chair.
June Davies addressed Council concerning Energy-From-Waste stating she feels the
option of incineration is a serious digression from the work that needs doing and that a
zero waste reduction plan implementation strategy would be a better alternative. She
stated if the $250 million dollar investment was applied to a Regional Zero Waste
Production Plan, 70% of waste would no longer be produced or would be diverted with
the assistance of government regulations, a shift in responsibility for product life cycle,
the creation of green business, and the increasing of recycling centres. Mrs. Davies
feels the public would respect Council if a shift was made from the current course of
action to a zero waste strategy and urged Council to take up the challenge and make
an incinerator unnecessary.
Shirley Crago advised prior to the meeting that she would not be speaking.
Dr. Debra Jefferson addressed Council concerning Energy-From-Waste stating on
September 4, 2007, she presented a petition signed by a number of physicians in
Clarington expressing concern about the effects of incineration on human health and
the environment. She noted since that time, 43 additional physicians working within
the Lakeridge Health Corporation have signed the petition urging the Region to
consider alternatives to thermal waste treatment. Dr. Jefferson stated the petition will
be formally presented to the Regional Health and Social Services Committee later this
week and left a copy of the petition with the Municipal Clerk. Dr. Jefferson discussed
the findings of the peer review of the Durham EFW Generic Risk Assessment noting
the epidemiologic evidence is inconclusive in that one can’t say that modern
incinerators are safe or not safe. She noted that part of the recommendation is that
upset conditions be part of any site-specific risk assessment. Dr. Jefferson expressed
concern that there are no risk assessment methods that can measure the effects of
ultrafine and nanoparticulate exposure as technology to measure and monitor these
toxins does not exist. Dr. Jefferson feels there are enough uncertainties about the
effects on human health that alternatives to incineration should be chosen. She also
expressed concern with the political process in that commissioned reports were not
released in a timely manner to allow for proper review and feedback and that only one
Public Information Session has been scheduled to allow for public input. Dr. Jefferson
urged Council to insist on more than one Public Information Session and that formal
presentations be offered both at 4:00 p.m. and at 7:00 p.m.
Lee McHugh addressed Council concerning Energy-From-Waste expressing concern
with the increased truck traffic that will be added to the roadways to deliver and
remove residual ash and feels there will be the potential for increased accidents as a
result. Mr. McHugh questioned the financial risk that has fallen to the Region of
Durham with the reduced commitment from York Region. He also hoped that the
general principles outlined in Regional Report 2007-J-14 for consideration in the
development of a Host Community Agreement will be upheld in an attempt to balance
the impacts a local community may experience when hosting a major waste
management facility. Mr. McHugh expressed support for the formation of a Public
Council Meeting Minutes - 6 - September 24, 2007
Liaison Committee to provide input into the final version of the Agreement to reflect
the concerns of the community.
Wendy Bracken addressed Council concerning Energy-From-Waste. Ms. Bracken
highlighted the findings of Dr. Smith’s review of the Durham/York Generic Human
Health and Ecological Risk Assessment which made no conclusion about whether or
not modern incinerators are safe or if one could be safely sited in Durham or York
Regions. Ms. Bracken acknowledged that Dr. Smith did identify key concerns, namely
nanoparticles associated with toxins that were not addressed in the GHHERA that
would have complex health implications noting it would be relevant to ensure that
residual wastes were free of those components before the waste is destroyed in an
EFW facility. Ms. Bracken feels that due to the uncertainties and potential for harm to
human health, the only safe course of action is to use the precautionary principle, as
was unanimously approved by Halton Regional Council and to look for safer and more
sustainable methods of handling residual waste. Ms. Bracken again urged Council to
declare that Clarington will not be a willing host to an EFW facility.
Ms. Bracken also expressed concern with the site selection process and critical flaws
and omissions in the environmental study to date. She further requested Council to
request to change the consultant’s presentation at the upcoming Public Information
Session to a more appropriate time to allow for public input.
Jaison Gibson addressed Council concerning Energy-From-Waste. Mr. Gibson feels
that the public’s comments are being ignored and it would be unlikely that any facility,
if approved, would be built within budget. Mr. Gibson stated there will be a significant
amount of money generated once the Michigan border is closed and questioned if
revenues would be re-invested in the community or would royalties be paid to a
private company. Mr. Gibson stated the facility will cause sickness and affect nature
at all levels as there has been no guarantee that this technology is safe. He stated he
does not want to come here week after week to defend his children and that he has
lost respect for government. Mr. Gibson feels an incinerator should not be built
anywhere.
Kristin Robinson addressed Council concerning Energy-From-Waste expressing
concern that the background reports requested by Council in July on the impacts of
incineration were not made available to the public until last Friday, the same day that
the preferred site was announced which did not provide an opportunity for the public
to comment. Ms. Robinson also expressed concern that only one public information
session has been scheduled and that at least two different sessions should be
arranged in order to allow the public some flexibility to attend. She also expressed
concern that the timing of the formal presentation has been set for 9:00 p.m. and
questioned the logic of arranging the presentation at a time that would be inconvenient
for the majority of the public to attend. Ms. Robinson suggested Council adopt a
resolution to request another venue and a rescheduling of the formal presentation to
4:00 p.m. and 7:00 p.m.
Council Meeting Minutes - 7 - September 24, 2007
Ron Collis addressed Council concerning Energy-From-Waste questioning the
ecological impact of increased pollution and the logic of adding additional pollutants
into the atmosphere. Mr. Collis feels that incineration needs to be considered a short-
term solution. He also questioned if the impact on property assessment has been
studied and what the effect will be once the facility becomes operational. Mr. Collis
feels that Council should also request the Region to identify what the benefits of being
a “willing host community” are.
Kerry Meydam addressed Council regarding Energy-From-Waste expressing concern
with the Environmental Assessment process and the lack of respect from the Region
in allowing Clarington Council, staff and the general public sufficient time to review
withheld reports prior to the release of the preferred site recommendation.
Ms. Meydam also discussed the response of Dr. Smith on her review of the Generic
Human Health and Environmental Risk Assessment in relation to the safety of the
operation and the disregard for the inclusion of nanoparticles in the risk assessment
due to the inability to capture, monitor or regulate their emissions. She stated that
more than one Public Information Session should be held and that the timing of the
formal presentation should be changed so that more convenient and accessible
sessions will be held in Courtice. Ms. Meydam requested Council to determine what
the benefits for Clarington residents are in locating such a facility in the municipality
and what the difference would be between declaring Clarington as a willing or
unwilling host. Ms. Meydam summarized by requesting Council re-examine and
reconsider Alternatives To and what the contingency plan is should the incinerator not
be approved.
John Wegener addressed Council concerning the zoning compliance extension
granted to Doug Bickle to relocate his business. Mr. Wegener stated he resides
directly across from the illegal landscaping and snowplowing operation and has
endured an unreasonable amount of noise from heavy trucks and machinery,
unsightly piles of rubbish and disturbances associated with the day to day operation of
the business. He noted the business is particularly aggravating during winter months
and he is opposed to any extension of the zoning compliance. He feels that if
Mr. Bickle were to give Council a written guarantee that once the extension period has
lapsed he would not pursue a rezoning, then he would not be opposed to the
extension. In response to questions, Mr. Wegener stated his concerns with the
business were not brought forward before as he had assumed the property was in
compliance with the zoning requirements. He further replied that there appeared to be
two separate businesses being run out of the location and hopes the granting of the
extension is not a ploy to continue to operate without the proper zoning in place.
Jim Strickland was called but was not present.
Council Meeting Minutes - 8 - September 24, 2007
Resolution #C-477-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Council recess for five minutes.
“CARRIED”
The meeting reconvened at 9:40 p.m.
COMMUNICATIONS
Resolution #C-478-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information be approved, with the
exception of Items I - 1 and I - 3.
“CARRIED”
I – 2 Minutes of the Ganaraska Region Conservation Authority dated
A01.GA July 19, 2007.
I – 4 John R. O’Toole, MPP Durham, expressing his disappointment over
F11.GE the lack of provincial funding for the Clarington Older Adult
Association under the Provincial government’s recent announcement
of increased support for Elderly Persons Centres; commending the
Association for providing activities and events to help older persons
remain active and engaged in the community; and, suggesting
Council follow up with the Minister to ensure the Association is given
consideration in the current round of provincial funding.
I – 5 Sheila Hall, Membership Services Manager, Clarington Board of
D02.GE Trade, thanking Mayor Abernethy for participating in the in camera
session with the Honourable Greg Sorbara, Minister of Finance on
August 30, 2007, providing representatives from all sectors and
geographic areas of Clarington with the opportunity to discuss
several topics of importance to the business community with the
Minister and to raise the community’s voice and presence to one of
the most senior positions in the Provincial government.
Council Meeting Minutes - 9 - September 24, 2007
I – 6 Martin de Rond, Director of Legislative & Information Services/Town
C10.GE Clerk, Town of Ajax forwarding a copy of the Town of Ajax’s Heritage
R01.GE Property Tax Rebate By-law and advising the Town of Ajax is
requesting the Region of Durham to revisit the matter of adopting it’s
own heritage property tax rebate by-law in order that worthy
properties throughout the Region may receive financial consideration
to assist in the preservation of heritage assets.
I – 1 Minutes of the Clarington Agricultural Advisory Committee dated
A01.CL April 12, May 10 and June 14, 2007.
Resolution #C-479-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item I – 1 be received for information.
“CARRIED”
I – 3 Minutes of the Clarington Highway 407 Community Advisory
A01.CL Committee and the Agricultural Advisory Committee of Clarington
dated August 22, 2007.
Resolution #C-480-07
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the Minutes of the Clarington Highway 407 Community Advisory
Committee and the Agricultural Advisory Committee of Clarington dated August
22, 2007, be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-481-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Items be approved as per the agenda with the exception of
Items D - 5, D – 6, D - 9 and D - 13 to D - 16, inclusive.
“CARRIED”
Council Meeting Minutes - 10 - September 24, 2007
D – 1 Peter S. Taylor, President, Durham Chapter of the Canadian Society
M02.GE of Training and Development, a national not-for-profit membership
association serving the field of workplace learning and performance,
requesting September 24 to 28, 2007, be proclaimed ‘Learn to Work
Week’ in Clarington in recognition of the importance of workplace
learning and performance to key stakeholders and the public-at-
large.
(Proclaimed)
D – 2 Shane Morris tendering his resignation from the Traffic Management
A01.CL Advisory Committee as he is no longer a resident of Clarington.
C12.GE (Correspondence received with regret,
and referred correspondence to the
Municipal Clerk)
D – 3 Bettina Brown, Clarington Central Secondary School advising of the
T09.GE second Annual Terry Fox Run/Walk to be held on September 28,
M02.GE 2007, from 8:30 a.m. until 11:30 a.m., forwarding a copy of the
proposed route and insurance policy and requesting Council’s
support in processing the application for this special community
event.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D – 4 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade,
th
T09.GE requesting permission to hold the 46 Annual Santa Claus Parade
M02.GE on Saturday, November 17, 2007, starting at 10:30 a.m., highlighting
the parade route and requesting the cooperation of the Police
Department, Operations Department and Municipal Services and the
use of the Old Fire Hall.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
Council Meeting Minutes - 11 - September 24, 2007
D – 7 Roman Zydownyk expressing concern with the application submitted
D.14 by 1276467 Ontario Limited to amend the Official Plan and Zoning
By-Law to permit apartment and townhouse uses, remove the
neighbourhood park symbol, and permit additional commercial
parking for lands fronting Durham Highway 2 due to traffic and safety
related issues, environmental, economic and social impacts on the
local environment, availability of municipal services and impact on
the tax base and advising of a petition signed by over 100 residents
of the impacted neighbourhood who are united against the proposed
land changes to valued greenspace.
(Correspondence referred to the
Director of Planning Services)
D – 8 Sheila Costanzi expressing opposition to the development
D.14 application submitted by 1276467 Ontario Limited to amend the
Official Plan and Zoning By-Law to permit apartment and townhouse
uses, remove the neighbourhood park symbol, and permit additional
commercial parking for lands fronting Durham Highway 2. Ms.
Costanzi’s objections include impacts on traffic, strain on emergency
services, overall aesthetics and compatibility with the surrounding
neighbourhood, increased vandalism and property damage and the
inconvenience of additional major construction projects within the
Darlington neighbourhood.
(Correspondence referred to the
Director of Planning Services)
D – 10 Fraser and Cathryn Grant expressing concern a proposed incinerator
E07.EN may be constructed near their parents’ farm devaluing their land and
eroding their ability to retire comfortably, expressing concern with the
added impact a garbage incinerator will have on human health and
the environment, and, requesting Council to efficiently research a
more positive and healthy system to deal with waste disposal as they
feel an incinerator is not the solution to the problem.
(Correspondence referred to the
Director of Planning Services)
D – 11 Jean and Wallace McKnight expressing concern that a proposed
E07.EN incinerator may be constructed next to their property, that it will have
an effect on visitors to Darlington Provincial Park, will create traffic
issues and suggesting that if an incinerator does not meet the
promise of a safe waste disposal system with no impact on the public
health and environment it should not be constructed.
(Correspondence referred to the
Director of Planning Services)
Council Meeting Minutes - 12 - September 24, 2007
D – 12 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington
M02.GE (AACC) requesting Council’s support of the Farmer’s Parade of
Lights to be held on Wednesday, December 5, 2007. The AACC
became the municipal sponsor of the event in 2006 to facilitate the
necessary permits, police assistance, publicity and insurance
coverage and have made application to the Engineering Services
Department for the necessary road closures.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D – 5 Paul Taylor requesting September 30 to October 6, 2007, be
M02.GE proclaimed “Mental Illness Awareness Week” in an effort to reduce
the stigma of mental illness.
Resolution #C-482-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT September 30 to October 6, 2007, be proclaimed “Mental Illness
Awareness Week”.
“CARRIED”
D – 6 Dave Renaud, President, CAW Durham Environment Council
E07.EN forwarding two documents – “The Lethal Consequences of Breathing
Fire” and “Incineration: Not Safe, Not Sensible – The Facts and
Issues” and requesting Members of Council consider the documents
as part of their due diligence and to look objectively at the potential
effects of incineration on local human health, the environment and
economics prior to making a decision regarding the proposed
Energy-From-Waste or Incinerator facility.
D – 9 Ann and Mike Buckley outlining the effects of pollution in the air and
E07.EN on our water supply; expressing concern with the human health risk
and environmental impacts a proposed incinerator will have on
present and future generations; requesting the promise of a safe
waste disposal system with no impact on public health and the
environment be kept; and urging Council to vote “No” to an
incinerator and “Yes” to an alternative way of recycling, reducing and
reusing.
Council Meeting Minutes - 13 - September 24, 2007
Resolution #C-483-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Items D - 6 and D - 9 be referred to the Director of
Planning Services and to the Joint Waste Management Group.
“CARRIED”
D – 13 Denise Labelle-Gelinas, City Clerk, City of Cornwall, advising
C10.GE Council that on August 13, 2007, the City of Cornwall passed the
following resolution pertaining to the cost of downloading provincially
mandated programs:
“WHEREAS, when 20% of the cost of programs such as Social
Assistance, ODSP, Ontario Drug Benefits, child care services and
facilities were downloaded from the Province and where
Municipalities were informed that the process was supposed to be
revenue-neutral, and which has not been to date; and
WHEREAS as provincially mandated programs, these should be
provincially funded programs not municipally funded by taxes.
NOW THEREFORE BE IT RESOLVED THAT the City of Cornwall
request the Province of Ontario to assume 100% of the Court
Security costs; and
NOW THEREFORE BE IT RESOLVED THAT the City of Cornwall
further request the Province of Ontario re-assume 100% of the cost
of all provincially mandated programs such as Social Assistance,
ODSP, Ontario Drug benefits, child care services and facilities; and
BE IT FURTHER RESOLVED THAT this Resolution be sent to our
local M.P.P., Mr. Jim Brownell, A.M.O., AMCTO, and all
municipalities in Ontario for Support.”
Resolution #C-484-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the City of Cornwall concerning the cost of
downloading provincially mandated programs be endorsed.
“CARRIED”
Council Meeting Minutes - 14 - September 24, 2007
D – 14 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington
A01.CL (AACC) advising Council that on August 30, 2007, the AACC
C10.GE endorsed the following resolution of the United Counties of Stormont,
Dundas and Glengarry pertaining to the Farm Tax Rebate Program
as referred to the AACC by Council on July 30, 2007:
“WHEREAS the Farm Tax Rebate Program was previously fully
financed by the Ministry of Agriculture, Food and Rural Affairs of the
Province of Ontario;
AND WHEREAS the Farm Tax Rebate Program is not a local public
service but provides lower-cost foods across the Province, as well as
the economic benefit of Provincial exporting, and is truly an income-
redistributive program with Province-wide significance;
AND WHEREAS Rural areas do not have access to the lucrative
commercial and industrial assessment and are being further
penalized by being forced to absorb the loss of 75% of the taxation
revenue on their farmland and managed forest properties;
AND WHEREAS the Ontario Municipal Partnership Fund (OMPF)
provides some municipalities with a fraction of their lost property
taxation, leaving municipalities absorbing the majority of the cost of
the farm tax rebate program;
AND WHEREAS the lost revenue to the municipalities is being
absorbed by all properties within the individual municipality,
increasing local tax rates and resulting in the local community
(including farmlands and managed forest properties) paying for their
own farm tax rebate program;
AND WHEREAS the Province’s battle with the Federal Government
for proper financial arrangements was highlighted by the phrase “It’s
time for fairness for all Canadians”; Rural Ontarians are asking for
the same fairness;
AND WHEREAS removing the Farmland and Managed Forest
Component from the Ontario Municipal Partnership Fund and
establishing it as a separate program would be more appropriate
since funding would be fair, easily calculated and would not be
impacted by other components of the current OMPF calculations;
and
Council Meeting Minutes - 15 - September 24, 2007
THEREFORE BE IT RESOLVED that the Province of Ontario be
requested to separate the Farmland and Managed Forest
component from the Ontario Municipal Partnership Fund; and,
establish a separate and distinct Provincial funding program with
100% reimbursement to municipalities of their annual lost property
tax revenue on farmland and managed forest properties.
AND FURTHER that this resolution be forwarded to the Minister of
Finance, Minister of Agriculture, Food and Rural Affairs, Minister of
Municipal Affairs and Housing, local MPPs, Eastern Ontario
Wardens’ Caucus, all Ontario municipalities and any other individual
or association as deemed appropriate.”
Resolution #C-485-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the resolution from the United Counties of Stormont, Dundas and
Glengarry pertaining to the Farm Tax Rebate Program be endorsed ‘in principle’
and referred to the Director of Finance/Treasurer.
“CARRIED”
D – 15 Jason Skinner requesting his commissioned body of art, which
A21.GE required the donation of a pair of Council Members
“unmentionables”, be put on display at the Municipal Administrative
Centre for the period leading up to the Annual Apple Festival
following which an auction be arranged with proceeds of the sale of
the art to support another community event involving the arts.
Resolution #C-486-07
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item D – 15 be referred to staff.
“CARRIED”
D – 16 Kerry Costello, Town Clerk, Town of Smith Falls, advising Council
C10.GE that on September 17, 2007, the Town of Smith Falls passed the
following resolution pertaining to reforms of the assessment system:
“WHEREAS the Province announced certain reforms of the
assessment system during the current re-assessment freeze;
Council Meeting Minutes - 16 - September 24, 2007
AND WHEREAS these reforms did not include a re-vamping of the
actual system of taxation;
AND WHEREAS it has recently been reported that the intent may be
to apply the current commercial/industrial/multi-residential capping
system to residential rate payers when the freeze is over;
AND WHEREAS it is commonly recognized that the capping system
has numerous flaws that result in numerous unfair situations;
AND WHEREAS applying the capping to residential rate payers may
benefit those whose assessment has increased dramatically it could
potentially have a detrimental effect on a far larger number of rate
payers if it forces Council to raise the municipal tax rate which affects
everyone, not just those whose assessment has increased.
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Town of Smiths Falls urges the Association of Municipalities of
Ontario to take a much more active role in this situation and exhort
the Province to re-vamp the property tax system in a fair and
equitable manner.
AND FURTHER THAT this resolution be sent to the Association of
Municipalities of Ontario for circulation to all Ontario municipalities,
the Premier of Ontario, the Minister of Finance, the Minister of
Municipal Affairs and Housing and M.P.P. Norm Sterling.”
Resolution #C-487-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution from the Town of Smith Falls pertaining to reforms of the
assessment system be endorsed.
“CARRIED”
MOTION
NOTICE OF MOTION
Council Meeting Minutes - 17 - September 24, 2007
REPORTS
Report #1 - General Purpose and Administration Committee Report September 17,
2007
Resolution #C-488-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the General Purpose and Administration Committee Report of September 17,
2007, be approved, with the exception of Items #18 and #24.
“CARRIED”
Item # 18
Resolution #C-489-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the delegation of Michael Patrick, Clarington Board of Trade, be referred to the
Chief Administrative Officer to enter into contract negotiations with the Clarington
Board of Trade.
“CARRIED”
Item # 24
Resolution #C-490-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Item 24 of Report #1 be considered during a “closed” session of Council.
“CARRIED”
Councillor Foster stated a declaration of pecuniary interest with respect to Report #2
as one of the bidders is a client of his. Councillor Foster refrained from discussions
and voting on this matter.
Council Meeting Minutes - 18 - September 24, 2007
Report #2 - Report COD-050-07 – Newcastle Library Capital Project
Resolution #C-491-07
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report COD-050-07 be received;
THAT the Tender Bids received for Tender CL2007-42 be rejected;
THAT the revised Capital Budget Amount of $3,450,047.00 be confirmed;
THAT the Newcastle Library Building Committee be authorized to re-scope the
Newcastle Library project and to re-issue the tender to the same pre-qualified general
contractors early 2008;
THAT the previously awarded consultant’s contract with Shoalts Zaback Architects
Ltd, Kingston, Ontario, be amended to reflect the additional design to a maximum
amount of $75,000.00 and, to include LEED design work in the amount of $68,000.00
plus $60,000.00 for the LEED Application, Energy Modelling and Commissioning
without impact to the project budget; and
THAT the By-law attached to Report COD-050-07 marked Appendix “A” authorizing
the Mayor and Clerk to amend the existing contract agreement between Shoalts
Zaback Architects Ltd. and the Municipality be approved.
“SEE FOLLOWING MOTION”
Resolution #C-492-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT Report COD-050-07 be referred back to staff for a report detailing the reasons
for the re-tendering of the project to be submitted to Council at the next meeting.
“CARRIED”
Report #3 - Confidential Report of the Chief Administrative Officer and Director of
Planning Services – Property Matter
Report #4 – Confidential Verbal Report of the Chief Administrative Officer – Personnel
Matter
Council Meeting Minutes - 19 - September 24, 2007
Resolution #C-493-07
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the meeting be “closed” in order to consider Reports #3 and #4 and a
confidential personnel matter.
“CARRIED”
Resolution #C-494-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the actions taken during the “closed” session of Council be ratified.
“CARRIED”
Report #5 – 2008 Preliminary Budget Overview
Resolution #C-495-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT Report FND-018-07 be received for information.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-496-07
Moved by Councillor Hooper, seconded by Councillor Novak
WHEREAS the Clarington Older Adult Centre has been providing exceptional services
to the 50+ population of Clarington since 1998;
WHEREAS the funding under the Elderly Persons Centres Act has never been
available to the Clarington Older Adult Association due to a freeze in the funding by
the Province that occurred when the centre opened;
WHEREAS, should this have been available to the COAA, they would have received
approximately $270,000 since their inception in programming funds;
WHEREAS it appears that the COAA are the only centre in Durham not supported by
the Elderly Person Centres Act grant program;
Council Meeting Minutes - 20 - September 24, 2007
WHEREAS the COAA have been instrumental in lobbying for many years for
expansion in funding for elderly persons centres but have not been included in recent
announcements because the expanded funding has only been made available to
existing Elderly Persons Centre Grant funded organizations;
NOW THEREFORE BE IT RESOLVED THAT the Honorable Jim Bradley, the Minister
Responsible for Seniors and the Honorable George Smitherman, the Minister of
Health and Long-term Care be requested to include the Clarington Older Adult Centre
on equal footing to the existing funded organizations by providing funding to them
under the expanded Elderly Persons Centre Grant program; and
THAT the Region of Durham and all Durham MPPs be copied on this resolution.
“CARRIED”
Resolution #C-497-07
Moved by Councillor Hooper, seconded by Councillor Novak
WHEREAS, in light of the fact that the Municipality of Clarington could become an
unwilling or willing host for the EFW facility; and
WHEREAS the Clarington 01 site has been recommended for the EFW facility;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request
the Regional Municipality of Durham to host more than one Public Open House and
more than one formal presentation; and
THAT the additional Public Open Houses and formal presentations be held in Courtice
as the residents of Courtice will be impacted by the EFW facility more than other
residents of Clarington.
“CARRIED”
Resolution #C-498-07
Moved by Councillor Woo, seconded by Councillor Hooper
WHEREAS the Black Ribbon signifies the blackness that people with mental illness
live everyday. The gold pin represents the ray of hope that they have; and
WHEREAS: mental health issues affect everyone, relatives, friends, neighbours and
co-workers. Mental health issues cross all borders of race, religion and social status;
and
Council Meeting Minutes - 21 - September 24, 2007
WHEREAS: it is desirable to reduce the sigma of mental illness and to raise local
funds for public health programs;
NOW THEREFORE BE IT RESOLVED that Council supports Project Black Ribbon
for Mental Health.
“CARRIED”
Resolution #C-499-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT the delegation of Kim Gavine, Executive Director, Oak Ridges Moraine
Foundation, be received with thanks.
“CARRIED”
Resolution #C-500-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the delegation of Lois Neill be referred to staff.
“CARRIED”
Resolution #C-501-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT as part of the host community discussion, Clarington staff request Durham
Region to clarify the advantages of the Municipality of Clarington being a willing host
for the EFW facility for Clarington residents; and
THAT Clarington staff report back to Council the information gained from these
discussions.
“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 Trim v
Councillor Woo v
Mayor Abernethy v
Council Meeting Minutes - 22 - September 24, 2007
OTHER BUSINESS
Councillor Woo extended an invitation to all to attend the Family Safety Day hosted by
Clarington Fire and Emergency Services on Saturday, September 29, 2007, Fire
Station #1.
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 the remainder of the meeting.
Resolution #C-502-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the delegation of Richard Ward be received with thanks.
“CARRIED”
Councillor Novak advised of the Central Lake Ontario Conservation Authority’s
2007 Durham Children’s Groundwater Festival, to be held on Tuesday,
th
September 25 at Camp Samac in Oshawa.
Councillor Hooper thanked Members of Council and staff of the Engineering
Services Department on behalf of the Bowmanville BIA, for the free half hour
transit service for the Bowmanville AppleFest on October 13, 2007.
Mayor Abernethy advised of the great turn-out at the Orono Chili Cook-off held on
Saturday, September 22, 2007. He noted he and his wife, along with Gerry and
Fran Johnson, were contestants in the annual chili cook-off winning second place
in the event and that proceeds from the day’s activities were in support of the
Bowmanville Memorial Hospital Foundation.
BY-LAWS
By-law 2007-196 (relating to Report #2 – Staff Report COD-050-07) was referred back
to staff.
Council Meeting Minutes - 23 - September 24, 2007
Resolution #C-503-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2007-191 to 2007-195, inclusive, and
that the said by-laws be now read a first and second time.
“CARRIED”
2007-191 Being a by-law to amend By-law 2007-036 to appoint a member to
the Property Standards Committee for the Municipality of
Clarington
2007-192 Being a By-law to authorized a contract between the Corporation
of the Municipality of Clarington and Boyle Excavating,
Bowmanville, Ontario for the Stevens Road Extension Project
2007-193 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(V. Bowen, A. Bowen And M. Watson)
2007-194 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)
2007-195 Being a By-law to amend By-law 2005-108, a by-law to impose
development charges against land in the Municipality of Clarington
pursuant to the Development Charges Act, 19997, to provide for a
50% refund of development charges fees for major office buildings
that are LEED certified on lands identified in Schedules 6A and 6B
Resolution #C-504-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the third and final reading of By-laws 2007-191 to 2007-195, inclusive, be
approved.
“CARRIED”
Mayor Abernethy, Councillor Hooper and Councillor Foster stated pecuniary interests
earlier in the meeting and refrained from voting on the confirming by-law.
Council Meeting Minutes
- 24-
September 24, 2007
CONFIRMING BY-LAW
Resolution #C-505-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2007-197, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 24t11 day of September, 2007, and that the said by-law be now read a first and
second time.
"CARRIED"
Resolution #C-506-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the third and final reading of By-law 2007-197 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-507-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 11 :53 p.m.
~=-
"CARRIED"
M