HomeMy WebLinkAbout10/29/2007
Council Meeting Minutes
October 29, 2007
Minutes of a regular meeting of Council held on October 29, 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, T. Cannella
Director of Community Services, J. Caruana
Manager of Communication & Marketing, J. Cooke, (attended until
7:30 p.m.)
Director of Planning Services, D. Crome
Manager of Support Services, L. Del Grande
Solicitor, D. Hefferon
Library Director, E. Hopkins
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Corporate Safety and Project Manager, B. Taylor
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
Councillor Hooper indicated that he would be stating a pecuniary interest with respect
to the delegation of Bill Stockwell and Item 1(c) of Report #1.
Councillor Foster indicated that he would be stating a pecuniary interest with respect
to Item 1 of Unfinished Business and By-law 2007-196.
Mayor Abernethy indicated he would be stating a pecuniary interest with respect to
the delegations of Richard Ward and John Hinds, Report #2 and By-law 2007-210.
Council Meeting Minutes - 2 - October 29, 2007
Resolution #C-551-07
Moved by Councillor Novak, seconded by Councillor Woo
THAT John Hinds be added to the list of delegations.
“CARRIED”
MINUTES
Resolution #C-552-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on October 15, 2007, be
approved.
“CARRIED”
PRESENTATIONS
Councillor Trim chaired this portion of the meeting.
Mayor Abernethy addressed Council to present the results of the Waste Reduction
Challenge involving the eight area municipalities during the month of October, 2006.
Mayor Abernethy indicated Clarington placed sixth in the standings diverting 47% of
total curbside collections through blue box, green bin, and leaf and yard waste
collection programs and presented a cheque in the amount of $100 to the Director of
Finance/Treasurer. Mayor Abernethy also conducted a PowerPoint presentation
highlighting the waste strategy for England in 2007, demonstrating evidence to
support countries with very high rates of recycling and energy from waste are able to
co-exist.
The Mayor resumed the Chair.
Murray Paterson, Member, Newcastle Lions Club addressed Council to introduce
Terry Graham, Past Director, International Association of Lions Clubs. Mr. Paterson
stated Lions International is the largest service club in the world with 1.3 million men
and women in 200 countries working together to respond to the needs and
challenges of communities around the globe. Mr. Paterson noted Terry Graham,
Member of the Newcastle Lions Club, was elected to serve a two-year term as
Director on the International Association as one of 34 Directors, and the only member
representing Canada. Mr. Paterson stated Newcastle Lions Club is very proud of the
accomplishments of Mr. Graham, who has received numerous awards for his efforts,
and thanked Council for recognizing him.
Council Meeting Minutes - 3 - October 29, 2007
Mayor Abernethy presented Terry Graham with a framed certificate in recognition of
his years of service to the Community as an individual and as a member of the
Newcastle Lions Club and as a Director on the International Association.
Michael Patrick, Clarington Board of Trade, addressed Council to provide an update
on the activities and successes of the Clarington Physician Recruitment Committee.
Through use of a PowerPoint presentation, Mr. Patrick highlighted recruitment activity
since April 2007, noting four new doctors have been recruited; however, the
community has since lost three physicians to retirement and relocation. Mr. Patrick
reviewed the Ministry of Health re-designation figures noting the municipality still has
a deficit of 13 doctors and there are currently over 17,000 people in the municipality
who do not have a family physician. Mr. Patrick advised competition to attract
physicians is fierce and at the recent PAIRO annual job fair event attended by 249
medical students, only 127 listed “family practice” as their preferred career.
Mr. Patrick stated on November 10, 2007, the Committee will be hosting “Practicing
in Clarington 101”, a one-day event bringing Resident doctors and their families to
Clarington to experience the Clarington “lifestyle”. In summary, Mr. Patrick noted
there are 103 candidates on their contact list that have expressed a genuine interest
in Clarington and the Committee is hopeful that seven doctors will chose to relocate
to Clarington in the near future. Mr. Patrick introduced Sheila Hall and Karen Fedato,
Members of the Physician Recruitment Committee who were in attendance.
Gerry Shoalts, Shoalts Zaback Architects Ltd. and Mike Brennan, Michael J. Brennan
Enterprises, Cost Consultant, addressed Council concerning Item 1 of Unfinished
Business - Addendum to Report COD-050-07 – Tender CL2007-42 – Newcastle
Library Capital Project. Through use of a PowerPoint presentation, Gerry Shoalts
responded to details respecting the increase in the project budget, reasons why
tenders received were over budget, the differences between a LEED and Green
Building, and the requirement for additional consulting fees.
Mike Brennan provided an analysis of the bids vs. the budget overages. He stated
the lack of subcontractor prices received was a significant factor in the low bid being
over budget.
Mr. Shoalts reviewed options for moving forward including negotiations with the low
bidder vs. re-scoping and re-tendering the project. Mr. Shoalts stated in consultation
with the Building Committee, it was agreed that the only viable option would be to
make some changes to the project scope and to re-tender the project in early Spring
2008. He noted it was expected the project would be tendered within the
construction budget.
In response to a question concerning the timing to issue the tender, Mr. Shoalts
advised that historically the Spring is the preferred time to tender a project as it is a
more competitive period. He noted if the project is tendered in February, the project
could be completed by April or May of 2009, with an opening anticipated for early
summer of 2009.
Council Meeting Minutes - 4 - October 29, 2007
In response to a question concerning accessibility, Mr. Shoalts stated that all
accessible features will remain in the project.
DELEGATIONS
Councillor Hooper stated a pecuniary interest with respect to the delegation of
Bill Stockwell as his parents are residents of Wilmot Creek. Councillor Hooper
vacated his chair and refrained from discussion and voting on this matter.
Bill Stockwell addressed Council concerning Item 1(c) of Report #1 - Waterfront
Trail – Wilmot Creek Life Style Community advising on July 30, 2007, he appeared
before Council to request the issue of the proposed route of the Waterfront Trail
through the Wilmot Creek Community to be referred back to staff for further review.
Mr. Stockwell provided a chronology of events dating back to the 1990’s when the
waterfront trail was introduced, noting at that time both Ridge Pine Park, the
landowner, and the homeowners were opposed to the construction of the trail as it
compromised the gated community. Mr. Stockwell also referenced Wilmot Creek
Homeowners Association’s monthly newsletters in which there was no mention of
construction of the Waterfront Trail. He noted, in spite of concerns expressed by the
homeowners, a license agreement was executed to provide for use of the hydro
corridor within Wilmot Creek for the Waterfront Trail and in June, 2007 construction of
the waterfront trail began.
Resolution #C-553-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the rules of procedure be suspended to allow for the delegation to continue
beyond the ten minute limit.
“CARRIED”
Mr. Stockwell stated the homeowners are not asking to have the alignment of the trail
moved but are requesting a fence to separate the trail from the back of their homes.
They are also not trying to lay blame for any lack of communication; however, a
number of the residents feel vulnerable to break-ins and feel let down by their elected
officials. Mr. Stockwell noted the staff report recommends denying the request for
the fence and he feels their comments are a complete disregard for the lifestyle of the
community and urged Council to refer the matter back to staff to permit the Regional
and Local Councillors to meet with Ridge Pine Park and Capri Partnership Limited to
resolve the matter.
In response to a question, Mr. Stockwell stated the concerns were initially expressed
from residents whose homes back onto the trail; however, people throughout the park
are paying to live in a gated community and are concerned about security.
Council Meeting Minutes - 5 - October 29, 2007
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 concerning Council’s lack of direction respecting
his previous delegations on a number of issues over the years. Mr. Ward expressed
concern that in 1996, he requested a zoning by-law amendment for a commercial
designation on his property noting others who supported political campaigns were
granted their designations, while he was refused without any response. Mr. Ward
noted he was disqualified from running in a previous election and is requesting an
explanation of how the disqualification for candidacy was manifested and
implemented and why a by-law was passed banning him from municipal premises.
Mr. Ward feels he is a victim of the political environment and requested an open
dialogue to resolve unclear issues and get a response to his concerns.
In response to a question, Mr. Ward stated he submitted his request for rezoning
verbally and in writing and feels there is no solid explanation as to why it was denied.
The Mayor resumed the Chair.
Libby Racansky addressed Council concerning Item 5 of Report #1 - Courtice
Heights North Subdivision. Ms. Racansky feels residents are not being informed
about development being proposed or undertaken in Courtice and that no one is
accepting responsibility for planning issues. Ms. Racansky noted in Report
PSD-112-06, Council endorsed a review of the Hancock Neighbourhood noting the
retaining pond was one of the issues of concern for residents. She questioned why
the northern subdivision could not use the pond that would be built for the Black
Creek west of Courtice and why the pond for the central subdivision could not be
located immediately below the development. Ms. Racansky questioned why
additional trees/wetlands needed to be removed for construction of roadways. She
conducted a PowerPoint presentation in support of her delegation depicting the
fenced retaining pond and questioning how it could be considered “greeenspace”
when it’s fenced-in. Ms. Racansky feels Council needs to protect its residents
against environmental vandalism and to review the remainder of the Hancock
Neighbourhood while there is still an opportunity to do so.
Mayor Abernethy stated a pecuniary interest with respect to the delegation of
John Hinds as it relates to the Zoning By-law Amendment application for 279 King
Avenue in Newcastle, as one of the owners of the subject property was his Financial
Officer for the 2006 Municipal Elections. 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 - 6 - October 29, 2007
John Hinds addressed Council concerning Report #2 - Proposed Day Care Facility at
279 King Avenue East, Newcastle, expressing frustration with the Planning process.
He stated he has spent a considerable amount of time and money providing surveys,
etc. concerning the storm drain. He feels the process should be simplified and staff
should advise him what needs to be done without the need for him to hire
consultants. Mr. Hinds also questioned the requirement of the storm drain on his
property when the Fire Department Parking lot, which is adjacent to his property,
doesn’t need one. Mr. Hinds feels Council should consider the impact of the process
on the building owners, the families who need the daycare service and the owner of
the school.
In response to a question, Mr. Hinds stated he was not aware of the recommendation
coming forward this evening on the zoning by-law amendment and that his delegation
was based on the engineering report.
The Mayor resumed the Chair.
COMMUNICATIONS
Resolution #C-554-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Correspondence Items 1 - 20 and 1 - 25.
“CARRIED”
I - 1 Minutes of the Santa Claus Parade Committee dated September 10
A01.SA and 24, 2007
I - 2 Minutes of the Kawartha Conservation Authority dated June 20 and
A01.KA September 12, 2007
I - 3 Minutes of the Clarington Heritage Committee dated September 18,
A01.CL 2007
I - 4 Minutes of the Clarington Museums and Archives Board dated
A01.CL September 12, 2007
I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory
A01.SA Committee dated October 10, 2007
I - 6 Minutes of the Clarington Living Green Community Advisory
A01.CL Committee dated September 18, 2007
Council Meeting Minutes - 7 - October 29, 2007
I - 7 Minutes of the Ganaraska Region Conservation Authority dated
A01.GA September 20, 2007
I - 8 Minutes of the Clarington Traffic Management Advisory Committee
A01.CL dated September 20, 2007
I - 9 Minutes of the Clarington Accessibility Advisory Committee dated
A01.CL October 3, 2007
I - 10 Stephanie Adams expressing concern with the health effects a
E07.EN proposed incinerator will have on Clarington residents, questioning
why copies of pertinent information regarding air emissions was not
available at the meeting in Courtice for the public to take and review
and why US guidelines, not European guidelines, for air emissions
were quoted.
I - 11 Ron Campbell questioning the rationale of creating more air pollution
E07.EN with a proposed incinerator and stating he votes “NO” to incinerators
and “YES” to an aggressive recycling program and suggesting
governments require businesses to do their part in the recycling
program.
I - 12 Drs. Elaine Ho and Vincent Ho expressing concern with the proposal
E07.EN of a waste incinerator to be constructed in Courtice as there is no
scientific evidence to prove that modern incinerators are safe, the
best technology will not filter out ultra fine particles that carry toxins
which are cumulative, dioxins, furans and other toxins that
accumulate on the land and water will enter the food chain and there
are no regulations in place for regular monitoring. Dr. Ho advised
she is aware of physicians who have decided not to relocate to this
area due to the proximity of the Nuclear Plant and feels this will
inhibit the ability to attract much need doctors to the area. She urged
Council to say “NO” to being the willing host for the incineration site
on behalf of her own family, her patients and for the well-being of the
community.
I - 13 Dina Kanarellis advising Council she is opposed to the construction
E07.EN of an incinerator in Clarington as water and air quality will decrease,
farm produce will become unsafe to eat, and property will decrease
in value. She urged Council to vote “NO” to incineration and to plan
waste management that will have the least effect on the
environment.
Council Meeting Minutes - 8 - October 29, 2007
I - 14 Pat Anderson advising Council that she feels the construction of an
E07.EN incinerator in Courtice is a very wrong move as the new proposal will
not contribute to the local environment but will decrease the value of
homes in the area, increase pollution, harm wildlife, and sacrifice
valuable farm land. She urged Council to consider the impacts the
planned incinerator will have on the health of residents of Clarington
and the legacy of future generations.
I - 15 Dr. Benjamin Fuller advising he is against the building and running of
E07.EN an incinerator in Durham as a means of dealing with garbage and
will do everything in his power to stop the endeavour.
I - 16 John Oates advising he has studied the controversy of incineration
E07.EN vs. landfill and informing Council that he is strongly opposed to the
proposed incinerator for health reasons.
I - 17 Wayne Heinrichs expressing concern with the impact of incineration
E07.EN on the community and advising he is opposed to the construction of
an incinerator until more studies have been done on the toxic air
emissions, degradation of air quality, greenhouse gas emissions and
other areas of concern.
I - 18 Reverend Christopher Greaves, St. John’s Anglican Church,
E07.EN expressing opposition to the proposed Energy-From-Waste facility
and suggesting an open discussion take place about alternatives to
incineration.
I - 19 Sue DaCosta, Secretary, Orono Town Hall Board, thanking Council
F11.GE for the donation made in memory of Ann Dreslinski and advising the
donation will help make a permanent commemorative plaque in
Anne’s name possible.
I - 21 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation,
M07.GE forwarding a copy of the “Moraine for Life” Symposium Stakeholders’
Report documenting the symposium process; reviewing
achievements and challenges in protecting the moraine; and
highlighting stakeholder recommendations relating to land, water and
community well-being.
I - 22 Angela Gibson, Senior Transportation Planner, Town of Ajax,
C10.GE advising Council that on October 9, 2007, the Town of Ajax passed
the following resolution pertaining to the Regional Cycling Plan
Study:
“1. THAT the Regional DC By-law be amended to include a line item
for funding critical connections in the Regional Cycling Plan;
Council Meeting Minutes - 9 - October 29, 2007
2. THAT the Ministries of Public Infrastructure Renewal and
Transportation be requested to coordinate a Southern Ontario
Cycling Task Force;
3. THAT the Ministries of Public Infrastructure Renewal and
Transportation be requested to assist in the funding of Cycling
Plans; and
4. THAT the report entitled “Regional Cycling Plan Study” be
received and forwarded to the Minister of Public Infrastructure
Renewal, the Minister of Transportation, Durham Region and
each of its Area Municipalities for information.”
I - 23 Nicola Keene advising Council she is adamantly opposed to the
E07.EN incineration site planned for Courtice as her children suffer from
health issues due to the environment and an incinerator would
compound those problems. She urged Council not to proceed with
the plan.
I - 24 Mabel Low advising she is adamantly opposed to the Energy-From-
E07.EN Waste Incinerator and trusting Council will make the right decision to
protect current and future generations from toxic emissions.
I - 26 George Armstrong, Manager of Regulatory Affairs and Key Projects,
E06.VE Veridian Connections Inc. and Jack Gibbons, Chair, Ontario Clean
Air Alliance, advising electricity consumers served by Veridian
Connections Inc. led Ontario in reducing peak electricity use this past
summer and helping the utility win a “Peak Buster” Award from the
Clean Air Alliance by placing first in the large utility class and second
overall in the Clean Air Alliance’s inaugural Peak Buster
conservation challenge. Ontario’s peak demand for electricity
dropped by 4.7% from 2006 to 2007; however, Veridian customers
almost doubled this performance with an 8.6% reduction.
I - 20 Caroline Weber, Director General, Office for Disability Issues,
A01.CL responding to Council’s resolution regarding the accessibility of self-
L11.AC serve gas stations, advising that Human Resources and Social
Development Canada is currently gathering information in support of
a proposal for new legislation to promote further accessibility for
Canadians with disabilities and advising of the creation of new
programs, funds and tax benefit improvements announced in the
2007 budget to assist people with disabilities to realize their full
potential.
Council Meeting Minutes - 10 - October 29, 2007
Resolution #C-555-07
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item 1 - 20 be referred back to staff to request a
response specific to Council’s resolution concerning the level of service at self-
serve gas stations.
“CARRIED”
I - 25 British Natural History Museum, British Broadcasting Corporation
M02.GE and Shell Oil advising Clarington resident Kristin McRea is a runner
up in the Shell Wildlife Photographer of the Year Competition.
Kristin’s photo, one of 32,000 entries, was taken in Clarington on the
shore of Lake Ontario at Bond Head municipal beach and will be
displayed in the British Natural History Museum throughout 2007,
featured by the BBC in their Wildlife Magazine and in a coffee table
book entitled “Shell Wildlife Photographer 2007”.
Resolution #C-556-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT a congratulatory letter be forwarded to Kristin McRea in recognition of her
success as a runner-up in the Shell Wildlife Photographer of the Year
Competition.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-557-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items be approved as per the agenda, including Hand-out
Items D - 9 and D - 10, with the exception of Items D - 5 to D - 10, inclusive.
“CARRIED”
Council Meeting Minutes - 11 - October 29, 2007
D - 1 Kristin Duare McKinnon-Rutherford tendering her resignation from
C12.CL the Green Committee due to time constraints and her involvement in
opposing the incinerator proposal and hoping that the Green
Committee will look at how the impact of an incinerator in Clarington
would directly contradict the goals of the Green Committee, in
particular, in the area of climate change and clean air.
(Correspondence received with regret,
and referred to the Municipal Clerk)
D - 2 Anne Lannan, Ontario Community Newspapers Association, advising
M02.GE of the Ontario Junior Citizen of the Year Awards, a program to
recognize the important contributions outstanding young people are
making to their communities through valuable community service;
enclosing a program brochure; and, requesting the municipality’s
assistance in forwarding the information to interested parties such as
libraries and Parks and Recreation departments encouraging them to
submit a nomination. The deadline for nominations is December 28,
2007.
(Correspondence referred to the
Municipal Clerk for an ad to be placed
in the local newspapers)
D - 3 David Kelly, Chair, Clarington Accessibility Advisory Committee,
A01.CL advising Council that on October 3, 2007, the Clarington Accessibility
Advisory Committee passed the following resolution pertaining to an
accessible playground:
“THAT the Council of the Municipality of Clarington authorize staff to
work with the Bowmanville Rotary Club to prepare a playground plan
to be considered in the 2008 Budget process.”
(Correspondence referred to staff)
D - 4 Confidential correspondence containing personal information about
an identifiable individual.
(Correspondence referred to staff)
D – 5 Linda J. Laliberte, CAO, Secretary Treasurer, Ganaraska Region
L11.GE Conservation Authority, requesting Council to endorse the
C12.GE nomination of Bruce Craig to represent the Municipal Working Group
for the Ganaraska Region on the Trent Conservation Coalition
Source Protection Committee.
Council Meeting Minutes - 12 - October 29, 2007
Resolution #C-558-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the nomination of Bruce Craig to represent the Municipal Working Group
for the Ganaraska Region on the Trent Conservation Coalition Source
Protection Committee be endorsed.
“CARRIED”
D - 6 Gabriel Miller, Project Coordinator, Federation of Canadian
A01.FC Municipalities (FCM) advising FCM will be conducting a survey of
municipal infrastructure needs from October 5 to November 1, 2007,
and producing an up-to-date estimate of the municipal infrastructure
deficit in order to help make the case for Federal investments in
municipal infrastructure. Survey questions will include reference to
infrastructure stock, inventory, condition, age, replacement value and
budgeting and information collected will be held in strictest
confidence. A sample group of municipalities has been targeted to
respond; however, all FCM members are invited to participate by
contacting the project coordinator by telephone at 613-907-6316 or
E-mail at gmiller@fcm.ca.
Resolution #C-559-07
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the survey of municipal infrastructure needs being conducted by the
Federation of Canadian Municipalities be endorsed.
“CARRIED”
D - 7 Charlie Bagnato, Municipality of Brockton, advising Council that on
C10.GE September 10, 2007, the Municipality of Brockton passed the
following resolution pertaining to the funding formula for
Conservation Authorities:
“WHEREAS by way of Regulations under the Conservation
Authorities Act enacted in May of 2006 the Province of Ontario has
put in place legislation that prohibits development under certain
situations and conditions; and
Council Meeting Minutes - 13 - October 29, 2007
WHEREAS the impact of this Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses regulation
has not been mapped out to make it clear which properties or
portions of properties are affected by the Regulation and therefore
subject to a permit from the local Conservation Authority; and
WHEREAS these Regulations have had the effect of greatly
increasing the work load on staff of the local Conservation Authority
to the point of creating delays of several weeks or months in
obtaining permits from the Conservation Authority to allow new
development; and
WHEREAS the Province of Ontario has made significant cuts in
funding to local Conservation Authorities which were initiated in 1995
and have continued to the point where staffing levels are now
severely affected; and
WHEREAS the combination of funding cuts to Conservation
Authorities and the implementation of new Regulations have put an
increased workload on the staff of Conservation Authorities to the
point where the review of development proposals are delayed for
unnecessarily long periods of time thereby frustrating new
development proposals for communities affected by these
regulations;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BROCKTON HEREBY ENACTS AS
FOLLOWS:
THAT the Province of Ontario revisit the funding formula currently
used for Conservation Authorities with the intent to increase the
funding provided to Conservation Authorities to allow them to
enhance their staffing levels and thereby respond to development
proposals in a more timely manner.
THAT in the absence of additional funding the Province of Ontario
revisit the mandate of the Conservation Authorities to ensure that
said mandate is refined and streamlined so that Conservation
Authorities across the Province are able to provide timely
professional service levels within a restricted mandate; and
furthermore the Province of Ontario should investigate currently
available engineering, planning, development and environmental
expertise to determine a more cost effective method of delivering
services, which Conservation Authorities are now unable to provide
in a timely and effective manner. And that in the absence of such an
investigation Municipalities should be given the ability to opt out of
funding of Conservation Authorities where the local Conservation
Authority is unable to provide the required services in a timely
manner.
Council Meeting Minutes - 14 - October 29, 2007
THAT this resolution be circulated to all municipalities and
Conservation Authorities in Ontario for their support.
THAT a copy of all resolutions and letters in support of this request
be sent to
i) Honourable David Ramsay, Minister of Natural
Resources
ii) Conservation Ontario, Attention Chair Dick Hibma; and
iii) The Municipality of Brockton.”
Resolution #C-560-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from the Municipality of Brockton pertaining to the funding
formula for Conservation Authorities be referred to the Director of Planning
Services for comment.
“CARRIED”
D - 8 Brian Fallis, Chair, Ganaraska Region Conservation Authority,
A01.GA advising the Authority is fundraising for the redevelopment of the
F11.GE Ganaraska Forest Centre, an outdoor education centre north of
Elizabethville which provides educational and recreational
opportunities for students and youth groups; advising the Authority is
submitting a proposal to the Ontario Power Generation for
consideration of a partnership opportunity for funding of the new
Forest Centre; requesting the municipality’s endorsement of the
redevelopment of the Ganaraska Forest Centre; and, attaching a
sample letter of support to be submitted with the proposal. The
Authority has requested letters of support to be forwarded to them by
November 3, 2007.
Resolution #C-561-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the request from the Ganaraska Region Conservation Authority for
support of the Ganaraska Forest Centre’s funding proposal to the
Ontario Power Generation be endorsed; and, that a letter of support be provided
to the Authority.
“CARRIED”
Council Meeting Minutes - 15 - October 29, 2007
D - 9 Erin Collins, Ontario Vocal Festival Organization, a non-profit
F11.GE organization offering non-competitive festivals open to school and
community choirs, advising their festival will be coming to
Bowmanville on February 28 and 29, 2008, and requesting Council’s
support in assisting the organization to obtain funding from the
Department of Canadian Heritage through the Building Communities
Through Arts and Heritage Program by providing a letter of support
and commitment to direct financial support or in-kind services.
Resolution #C-562-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Item D - 9 be referred to the Director of Community
Services for consideration during the Municipal Grant process.
“CARRIED”
D - 10 P. Webster, Regulatory Program Director, New Reactor Licensing
Division, Canadian Nuclear Safety Commission, requesting to meet
with Council regarding the new licence application that the Canadian
Nuclear Safety Commission (CNSC) has received from the Ontario
Power Generation for a new nuclear plant. Proposed topics of
discussion include the project plan for the new project, the EA
process; CNSC’s licensing process as well as effective mechanisms
to involve the community and key groups in their public outreach
efforts.
Resolution #C-563-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the new licence application from the Ontario Power Generation to the
Canadian Nuclear Safety Commission for a new nuclear plant be endorsed;
and, that staff arrange a meeting with representatives of the Canadian Nuclear
Safety Commission concerning the project.
“CARRIED”
MOTION
NOTICE OF MOTION
Council Meeting Minutes - 16 - October 29, 2007
REPORTS
Report #1 - General Purpose and Administration Committee Report October 22, 2007.
Resolution #C-564-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the General Purpose and Administration Committee Report of October 22,
2007, be approved, with the exception of Item #1 (c).
“CARRIED”
Councillor Hooper stated a pecuniary interest with respect to Item 1 (c) of
Report #1 as his parents are residents of Wilmot Creek. Councillor Hooper vacated
his chair and refrained from discussion and voting on this matter.
Resolution #C-565-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report PSD-121-07 be received for information
.
“CARRIED”
Mayor Abernethy stated a pecuniary interest with respect to Report #2 as it relates to
the Zoning By-law Amendment application submitted by John Hinds for 279 King
Avenue in Newcastle, as one of the owners of the subject property was his Financial
Officer for the 2006 Municipal Elections. Mayor Abernethy vacated his chair and
refrained from discussion and voting on this matter.
Councillor Trim chaired this portion of the meeting.
Report #2 – Proposed Day Care Facility at 279 King Avenue East, Newcastle
Applicant: 1713535 Ontario Inc. (John Hinds)
Resolution #C-566-07
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Report PSD-122-07 be received;
Council Meeting Minutes - 17 - October 29, 2007
THAT the application for Zoning By-law Amendment (ZBA 2007-0037) submitted by
John Hinds to change the zone category for a .0833 ha parcel of land from
“Residential (R1) Zone” to “Residential Exception (R1-69)” to permit a day care facility
be approved and that the By-law contained in Attachment 2 to Report PSD-122-07 be
passed; and
THAT all interested parties listed in Report PSD-122-07and any delegations be
advised of Council’s decision.
“CARRIED”
The Mayor resumed the chair.
UNFINISHED BUSINESS
Councillor Foster stated a pecuniary interest with respect to the Addendum to Report
COD-050-07, as he has a business relationship with one of the principals of a
company submitting a tender for the project. Councillor Foster vacated his chair and
refrained from discussion and voting on this matter.
Addendum to Report COD-050-07 - Tender CL2007-42 – Newcastle Library
Capital Project
Resolution #C-567-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-050-07 be received as amended by recommendations in
Addendum to Report COD-050;
THAT the recommendations outlined in the Addendum to Report COD-050-07 be
approved;
THAT the verbal report by Gerry Shoalts, Architect, 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 tender to design the Newcastle Library be reissued as a green building;
THAT the Newcastle Library Building Committee be authorized to re-scope the
Newcastle Library based on the above Recommendations; and to re-issue the tender
in early 2008 to the same seven pre-qualified general contractors;
Council Meeting Minutes - 18 - October 29, 2007
THAT the previously awarded consultant’s contract with Shoalts Zaback Architects
Ltd, Kingston, Ontario, be amended to include the additional design fees of
$37,500.00;
THAT the previously awarded consultants contract with Shoalts Zaback Architects Ltd,
Kingston, Ontario also be amended to include $68,000.00 for LEED/Green Building
design by sub-consultants’ work; plus an amount of $60,000.00 for the LEED/Green
Building Application and Registration, Energy Modelling and Commissioning, including
work undertaken to date, 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 of Clarington be approved.
“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
OTHER BUSINESS
Councillor Hooper advised the Bowmanville 150 Dream Committee held a meeting
th
last week to discuss celebrations for Bowmanville’s 150 Anniversary next year.
Councillor Hooper noted that although the turn-out was small, there were people of all
ages from youth to seniors who attended with a variety of great ideas. Councillor
Hooper stated the celebration is planned for June 28 to July 1, 2008, and the next
th
Committee meeting will be held on November 8 in Boardroom 1C .
Councillor Novak advised tenders will be going out this month for the Ambulance
Station on Courtice Road with construction expected to commence in the Spring.
Council Meeting Minutes - 19 - October 29, 2007
Resolution #C-568-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT the matter of the security fence be referred back to staff so that the Ward 3
Councillors and appropriate staff can meet with David Rice, Ridge Pine Park, and
Capri Ltd. to look into the matter of erecting a fence to provide a barrier between
residents of Wilmot Creek and Waterfront Trail.
“CARRIED”
Resolution #C-569-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT the delegation of Libby Racansky be received for information.
“CARRIED”
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-570-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the issue of the 1996 zoning application for Mr. Ward’s property at 3709
Regional Road 9 be referred to the Planning Services Department for comment.
“CARRIED”
Resolution #C-571-07
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the delegation of Richard Ward with respect to Election issues be received with
thanks.
“CARRIED”
Council Meeting Minutes - 20 - October 29, 2007
BY-LAWS
Councillor Foster stated a pecuniary interest with respect to By-law 2007-196 as he
has a business relationship with one of the principals of a company submitting a
tender for the project. Councillor Foster vacated his chair and refrained from
discussion and voting on the by-laws.
Mayor Abernethy stated a pecuniary interest with respect to By-law 2007-210 as it
relates to the Zoning By-law Amendment application for 279 King Avenue in
Newcastle, as one of the owners of the subject property was his Financial Officer for
the 2006 Municipal Elections. Mayor Abernethy refrained from discussion and voting
on the by-laws.
Resolution #C-572-07
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2007-196 and By-laws 2007-205 to
2007-210, inclusive, and that the said by-laws be now read a first and second time.
“CARRIED”
2007-196 Being a By-law to authorize an amendment to the contract
between the Corporation of the Municipality of Clarington and
Shoalts Zaback Architects Limited, Kingston, Ontario, to amend
the agreement for Architectural Services for the Newcastle Branch
Library
2007-205 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the former Town of Newcastle (Prestonvale
Land Corporation And Paul Lysyk Family Trust)
2007-206 Being a By-law to authorize entering into an agreement with the
Owners of draft plan S-C-2007-0003, any Mortgagee who has an
interest in the said Lands, and the Corporation of the Municipality
of Clarington in respect of S-C-2007-0003
2007-207 Being a By-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2007-208 Being a By-law to amend By-law 2006-227, a by-law to licence,
regulate and prohibit certain animals or classes thereof within the
limits of the Municipality of Clarington, or defined areas therein
Council Meeting Minutes - 21 - October 29, 2007
2007-209 Being a By-law to repeal By-Law #96-50 and Being a by-law to
authorize the establishment of an Optional Pre-Authorized
Payment Plan for Taxes and an Employee Payroll Deduction for
Tax Payments
2007-210 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(1713535 Ontario Inc. – John Hinds)
Resolution #C-573-07
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the third and final reading of By-laws 2007-196 and By-laws 2007-205 to
2007-210 inclusive, be approved.
“CARRIED”
Mayor Abernethy and Councillors Foster and Hooper stated pecuniary interests earlier
in the meeting and refrained from voting on the confirming by-law.
CONFIRMING BY-LAW
Resolution #C-574-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT leave be granted to introduce By-law 2007-211, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 29 day of October, 2007, and that the said by-law be now read a first and
second time.
“CARRIED”
Council Meeting Minutes - 22 - October 29, 2007
Resolution #C-575-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the third and final reading of By-law 2007-211 be approved.
“CARRIED”
ADJOURNMENT
Resolution #C-576-07
Moved by Councillor Robinson, seconded by Foster
THAT the meeting adjourn at 9:43 p.m.
“CARRIED”
________________________ _______________________
MAYOR MUNICIPAL CLERK