HomeMy WebLinkAbout12/10/2007
Council Meeting Minutes
DECEMBER 10, 2007
Minutes of a regular meeting of Council held on December 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 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, attended until 10:34 p.m.
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Manager of Special Projects, F. Langmaid, attended until 10:34 p.m.
Director of Corporate Services, M. Marano, attended until 10:34 p.m.
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir,
attended until 10:34 p.m.
Administrative Assistant to the Clerk, C. Fleming, attended until 10:34 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Later in the meeting Councillor Novak stated a pecuniary interest with respect to the
delegation of Dave Renaud.
Later in the meeting Councillor Hooper stated a pecuniary interest with respect to the
motion concerning free parking in Downtown Bowmanville.
Council Meeting Minutes - 2 - December 10, 2007
MINUTES
Resolution #C-646-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a special meeting of Council held on November 23, 2007, and
the minutes of a regular meeting of Council held on November 26, 2007, be approved.
“CARRIED”
Resolution #C-647-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT Wendy Bracken, Teri McKenzie, and Paul André Larose be added to the list of
delegations and that Fred Mandryk, Frank Stapleton, Marvin Stapleton and
Glenda Gies be removed from the list.
“CARRIED”
Resolution #C-648-07
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the agenda be altered to hear the delegations of Christopher Williams and
André Wiggers as the first delegations.
“CARRIED”
Resolution #C-649-07
Moved by Councillor Trim, seconded by Councillor Woo
THAT Report #3 - Confidential Verbal Report from the Director of Finance/Treasurer
and Director of Planning Services be referred to the end of the agenda to be
considered during the “closed” session of Council.
“CARRIED”
Council Meeting Minutes - 3 - December 10, 2007
DELEGATIONS
Resolution #C-650-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT David Matheson, speaking on behalf of André Wiggers, be heard prior to
hearing Christopher Williamson.
“CARRIED”
David Matheson addressed Council on behalf of André Wiggers advising he has great
concern with the process that has taken place in trying to resolve the Port Darlington
Harbour Company and the proposed expropriation of related properties due to the
costs to the Municipality and the hardship that proceeding without a settlement will
cause Mr. Wiggers, necessitating the closure of his business. Mr. Matheson stated
Mr. Wiggers has been in business since 1973 and is recognized as one of the finest
boat builders in North America and the Port Darlington Harbour is the best accessible
harbour in Durham Region. Mr. Matheson expressed concern that Council does not
realize the implications or have all the facts of the matter.
Christopher Williams, Solicitor, Aird & Berlis, addressed Council on behalf of his client,
André Wiggers and the Port Darlington Harbour Company with respect to the
proposed expropriation of their lands. Mr. Williams provided a chronology of events
including Court decisions leading up to the expropriation, stating various attempts to
negotiate a purchase of the west beach and east beach lands for use as a waterfront
park have not been successful. Mr. Williams stated the costs associated with the
expropriation will be exorbitant and, should the expropriation proceed, costs to the
municipality would be approximately $1 million, which is roughly the compensation
that would be paid to Mr. Wiggers. Mr. Williams feels that a mediator appointed by the
Ontario Municipal Board might be constructive to assist with negotiating the remaining
points in dispute and suggested the Cabinet Office and the Ontario Municipal Board
be approached with a view to request mediation staff to become involved.
Mr. Williams stated Mr. Wiggers does not wish to remain in confrontation with the
municipality and hopes to move the issue forward quickly in a much less
confrontational way.
Laura Briggs was called but was not present.
Kevin Tunney, Tunney Planning addressed Council concerning Report # 2 of
Unfinished Business - Proposed Official Plan Amendment (Baysong Developments
Inc., 2084165 Ontario Limited, Kemp, Carruthers) - Part Lots 11, 12, 13 and 14,
Concession 3, Former Township of Darlington stating he was pleased to see the
addendum report brought forward this evening and encouraged all Members of
Council to support the recommended action and the passing of the Official Plan
Amendment.
Council Meeting Minutes - 4 - December 10, 2007
Richard Ward addressed Council requesting a response to various unresolved issues,
including his request for commercial designation on his property, an explanation as to
why his property has undergone numerous re-assessments, why he was disqualified
from seeking elected office in the 2000 Municipal Elections and an explanation of the
legal proceedings and issues surrounding the by-law banning him from municipal
property. Mr. Ward feels that when Council receives his delegations for information
only that it is an obstruction of justice and that he has done nothing to warrant the
treatment he’s received. Mr. Ward stated if he were provided with answers to his
requests, then he would have no need to continue.
Barry Bracken addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site. Mr. Bracken feels Council’s question regarding the
safety of an incinerator has been answered and referred to Dr. Pengally’s comments
on Halton Region’s proposed incinerator in which he concluded that insufficient
evidence had been provided to prove that modern incinerators are safe and reminded
Council that Dr. Smith made no conclusion as to the safety of modern incinerators.
Mr. Bracken further expressed concern with sewage sludge, technically described as
dewatered biosolids, being used as fuel in the proposed incinerator as they contain
heavy metals and are heavily chlorinated. Mr. Bracken feels it should be clear to
Council that there is considerable doubt as to the safety of this facility and feels
Council should declare Clarington an “Unwilling Host”. He urged Council to accept
and approve the staff recommendations in Report PSD-141-07 and that Regional
Councillors promote these recommendations to Regional Council.
John Muto was called but was not present.
Cathrine McKeever addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site. Ms. McKeever expressed concern that the Peer
Review Reports were critical of the Project Team Reports and of our elected officials.
She stated the Peer Review consultants were consistent in their view that two sites be
processed and that East Gwillimbury become the site, which is not the role of a peer
reviewer. She expressed concern they were not consistent with infrastructure costs
and with the Peer Review’s criticism of the figures provided by Jacques Whitford.
Ms. McKeever questioned Mr. Rowe’s opinions on the greenbelt and stated an
Energy-From-Waste facility was proposed in the energy park. Ms. McKeever feels
Municipal governments are not here to be landowners but to provide services and
facilities for the residents. She stated dioxins are created from diesel, burn barrels,
bbq’s etc., not just thermal facilities and that public safety and protection of the
environment are equal, not separate. Ms. McKeever recommended Council send the
peer review team back to do what they were suppose to do and questioned why they
were being paid for their personal opinions. Ms. McKeever summarized by
referencing news on the Newtonville landfill site indicating opponents of incineration
Council Meeting Minutes - 5 - December 10, 2007
may be happy to have a place to store their garbage, but indicated she will oppose
landfill with the same force as she supports Energy-From-Waste.
James McKeever declined to address Council at this time.
Councillor Novak stated a declaration of pecuniary interest with respect to the
delegation of Dave Renaud as she has a relationship with the CAW. Councillor Novak
vacated her chair and refrained from discussions and voting on this matter.
Dave Renaud addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site. Mr. Renaud stated while he appreciates Council’s
recommendations, he feels industrial waste needs to be addressed. Mr. Renaud
stated the CAW Resolutions Committee has re-affirmed its position of opposition to
the principle of waste incineration and at a recent meeting of the CAW Council this
position was supported by the Parliament of the CAW Council and he was speaking
on behalf of their membership across Canada. Mr. Renaud expressed concern with
the proposed facility’s proximity to Lake Ontario and referenced a report entitled “Up
to the Gills” prepared by Environmental Defence which indicates that the great lakes
continue to be polluted to such an extent that human health is threatened.
Mr. Renaud stated if humans cannot eat the fish out of the great lakes because of
pollution, then the ecosystem itself is not healthy. Mr. Renaud questioned the
rationale of building a facility that will further pollute the airshed. He submitted a copy
of the report and suggested the organization’s website www.environmentaldefence.ca
be referenced for additional information. Mr. Renaud urged Council to consider the
effects an Energy-From-Waste facility will have on the residents of Clarington and to
declare the municipality as an “Unwilling Host” community.
In response to questions, Mr. Renaud confirmed that the resolution of the CAW
Resolutions Committee was unanimously approved by the CAW Council on
December 8, 2007. Mr. Renaud also confirmed in response to questions that he was
aware of the General Motors Energy-From-Waste facility and its emissions.
Louis Bertrand addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site. Mr. Bertrand stated there have been many concerns
with the proposed facility expressed from citizens and the staff report highlights many
deficiencies. Through use of a PowerPoint presentation, Mr. Bertrand outlined the
process of an Environmental Assessment and its purpose in asking if the facility is
safe, what are the impacts to human life and the environment, if the impacts can be
mitigated and at what cost. Mr. Bertrand stated the Project Team has reshuffled the
Environmental Assessment leading to loose ends and inconsistencies. He stated the
reviewers concerns are highlighted and confirmed by more than one reviewer and the
process is not transparent, traceable or replicable. He expressed concern with
separating the site selection from the technology selection and the airshed quality
Council Meeting Minutes - 6 - December 10, 2007
assessment. Mr. Bertrand feels the site selection will be all impact and no benefit to
Clarington resulting in increased pollution, higher taxes, increased traffic and impacts
to agriculture. Mr. Bertrand requested Council to adopt the recommendations in the
staff report, send a strong message to the Region demanding answers, bargain from a
position of strength and urged Regional Councillors to speak out for Clarington to get
the best possible deal.
In response to questions, Mr. Bertrand stated he did not agree that by declaring
Clarington an “Unwilling Host” community it would negatively affect the bargaining
process and feels that by being a willing host the Region would think that the
municipality wants the facility.
Linda Gasser addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site. Ms. Gasser requested Council to support Report
PSD-141-07 including the amended #6 recommendation in the addendum report. She
stated many deficiencies and omissions have been highlighted and must be
addressed before limiting decisions are taken. She urged Council to declare
Clarington as an “Unwilling Host” community. Ms. Gasser feels it is paramount to
protect the residents and get the most for Clarington and that Council does not need
to be a willing host to get a seat at the bargaining table. Ms. Gasser stated she is
hoping that no one is getting distracted from the issue because of the recent
information concerning the Hales landfill site and feels this is a ploy to set up an
artificial incineration versus landfill debate. Ms. Gasser questioned when district
heating infrastructure would be available within the planning horizon of this project as
she has not been provided any answers and questioned whether Council has a
commitment from the Region regarding this.
In response to questions, Ms. Gasser acknowledged that landfill is part of every waste
disposal option but felt there are other realistic options including moving towards a
more aggressive diversion plan and lobbying for an integrated waste management
strategy at the Provincial level.
Bill Craig was called but was not present.
Kerry Meydam addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site.She urged Council to support the recommendations in
Report PSD-141-07 and to defer the final selection for the Energy-From-Waste facility
as there are far too many unanswered questions at this time. Through use of a
PowerPoint presentation, Ms. Meydam highlighted the location of industrial emissions
sources within 20 km of the Clarington sites and provided a comparison of emissions,
reviewed the materials economy including extraction, production, distribution,
consumption and disposal and provided alternatives including green chemistry, zero
waste, closed loop production, renewable energy and local living economies. She
Council Meeting Minutes - 7 - December 10, 2007
feels incineration is not material recovery, but disposal and that there are better
alternatives and it is time to focus resources in that direction. Ms. Meydam feels it is
time to declare Clarington as an “Unwilling Host” community and suggests that the
Region return to the Alternatives To in the EA process as incineration is not the only
solution.
Debra Jefferson addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site. Dr. Jefferson commended staff and Councillors who
have been asking important questions and challenging the process. She stated the
Peer reviewers comments are thorough and professional and urged Council to
approve the recommendations in Report PSD-141-07. Dr. Jefferson confirmed that
the delegations are representing the views of many residents, not just the ones that
can appear before Council. She expressed concern with the EA process as the site
selection process has not been objective, transparent or traceable as to the criteria
used. Dr. Jefferson noted the airshed is already compromised and questioned the
rationale to add a facility that will cause further pollution. Dr. Jefferson expressed
concern with monitoring of emissions and stated what’s not seen is what the public
needs to worry about. She requested Council to declare Clarington as an “Unwilling
Host” community and to take solid action to protect the health of Clarington residents
and the environment.
In response to questions, Dr. Jefferson acknowledged air monitoring is being done by
St. Marys Cement but confirmed there are still problems with air pollution.
Wendy Bracken addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site urging Members of Council to adopt Report PSD-141-
07 and the addendum report and to request the site selection be delayed until all
studies and the business case is completed. Ms. Bracken expressed concern with
serious flaws in site selection process. She stated with public health and the
environment identified as a paramount concern and with thermal treatment having the
most impact on the airshed it should have been given more weighting. She stated the
differences in East Gwillimbury and Clarington are extreme and that Clarington should
not have been selected as the preferred site. She requested Council to do everything
in their power to ensure that the peer review reports and the Clarington staff reports
are given to all Regional Councillors and the Joint Waste Management Group and
suggested that the Peer Review make a presentation to Regional Council and the
Joint Waste Manage Group and sub-committees. Ms. Bracken urged Council to stand
up and protect Clarington residents, particularly the children, and to declare Clarington
an “Unwilling Host” community and request the Region to revisit the Alternatives To.
In response to questions, Wendy Bracken acknowledged while Councillors may
already know the answers to questions, she feels it is imperative that the public see
Clarington representatives asking important questions that they need answers to.
Council Meeting Minutes - 8 - December 10, 2007
Teri McKenzie addressed Council concerning the consideration of an interim landfill at
the Hale Landfill site expressing concern that the Committee of Clarke Constituents
were not notified regarding the Superior Court’s decision in which the legal non-
conforming status of the Hale site has ceased to exist. Ms. McKenzie questioned how
the Hale site has become part of the Region’s contingency plan with its unsuitable
hydrogeology and history of environmental transgressions. She questioned the
Environmental Assessment process that would be required to significantly update and
improve the site and the associated timeframes required. Ms. McKenzie cautioned
Council that if the Hale site is merely part of the contingency plan to scare the public
into accepting a contentious incineration facility to expect a backlash from the public.
Paul André Larose addressed Council concerning Report #1 of Unfinished Business -
Durham/York Residual Waste Environmental Assessment Study - Site Selection
Process, Municipal Comments On Step 7 – Evaluation of Short-List of Sites and
Identification of Preferred Site. Dr. Larose stated overall the staff report should
receive full support by Council but feels that certain issues could have been
addressed more forcefully. Dr. Larose stated the report indicates that Clarington
should specify MACT (Maximum Achievable Control Technology) capabilities as part
of the system requirements. Dr. Larose advised this requirement is meaningful only if
there is a technology capable of addressing the issues of concern, i.e. the emission of
nano-particulates, dioxins and furans. He further stated that when no such technical
capability is available, the fact that MACT is specified does not mean that concerns
will be addressed satisfactorily. Dr. Larose feels delaying the site selection is
reasonable given that the chosen technology will have an impact on the selection of
the location for the plant itself. Dr. Larose expressed concern that to date the cost to
taxpayers has referred to tipping fees but the cost will also include local pick-up,
transportation, ultimate disposal of ashes and maintenance and contingencies. He
feels that any attempt at presenting the cost as consisting of tipping charges is a way
to underestimate these costs and an attempt to give an unfair economic advantage to
incineration. Dr. Larose also questioned what the external energy inputs to the
system are, the need to perform a site specific assessment relating to current
populations as well as planned residential construction, what contingency solutions
are being retained and where pit and fly ashes are going to be disposed of.
Mayor Abernethy thanked Deputy Mayor Trim for his hard work and dedication during
the first year of Council’s term and welcomed Councillor Novak to the position of
Deputy Mayor for the coming year.
Resolution #C-651-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for ten minutes.
“CARRIED”
Council Meeting Minutes - 9 - December 10, 2007
The meeting reconvened at 9:36 p.m.
COMMUNICATIONS
Resolution #C-652-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 1 and I - 8.
“CARRIED”
I - 2 Minutes of the Clarington Heritage Committee dated November 20,
2007
I - 3 Minutes of the Central Lake Ontario Conservation Authority dated
November 20, 2007
I - 4 Mark Tepfenhart advising as a taxpayer of Durham Region he is
strictly against incineration and urging Council to Reduce, Re-Use
and Recycle and to say “NO” to incineration.
I - 5 Linda Gasser providing written comments to clarify and expand on
her delegation to the General Purpose and Administration Committee
on November 19, 2007, concerning Report PSD-135-07 - Highway
407 Environmental Assessment – Municipality Of Clarington
Comments on the Alternative Methods (Route Selection). Ms. Gasser
states she feels it must be clearly stated that input could change as
additional relevant details come forward; it is imperative that Council
not pre-empt the EA process by taking positions in advance of a
thorough assessment of the issues; that Council be clear that its
primary role is to identify and advocate for the interests of Clarington
residents in the face of the views of competing stakeholders; that in
addition to environmental losses resulting from construction of the
link, community impacts all along the link as well as impacts to the
Courtice Industrial area and the Energy Park be assessed; that
Council request a more detailed assessment of the need for the East
Link and alternatives; what the effect of an early vacating of homes on
a large scale would have on the community if it were to occur, and the
need for potential impacts to be thought through and that the Project
Team assess a range of options and employ flexible approaches
when dealing with property owners. She urges Council to write to the
CEAA and request that a Comprehensive Level of EA be conducted
to ensure that all potential impacts, both short and long term, are
understood.
Council Meeting Minutes - 10 - December 10, 2007
I - 6 Members of the Ebenezer-Maple Grove Pastoral Charge of the
United Church of Canada forwarding further correspondence to the
Region of Durham concerning alternatives to the current program for
waste/garbage management and disposal and providing additional
names of people who agree to participate fully in increased waste
diversion and recycling efforts proposed by the Region.
I - 7 Stephanie Adams forwarding a petition in opposition to the building of
an incinerator in Courtice to burn garbage.
I - 9 Norm and Donna Cooper urging Council to vote “NO” to be a willing
host to the proposed incinerator.
I - 10 Kevin Ramchandar, MD, President, Professional Association of
Interns and Residents of Ontario, and Brad Sinclair, Executive
Director, HealthForceOntario Marketing and Recruitment Agency
(HFO) advising PAIRO (The Professional Association of Ontario’s
Physicians-in-Training) will be transferring the operation of HFOJobs
to the HealthForceOntario Marketing and Recruitment Agency within
the Recruitment and Relocation Department, benefiting HFOJobs with
an array of marketing, recruitment and relocation resources offered by
the Agency and further strengthening HFOJobs’ position as Ontario’s
premier job portal for health care professionals.
I - 11 Debbie Zimmerman, Chair, MPAC Board of Directors, Municipal
Property Assessment Corporation (MPAC) providing an update on
MPAC’s activities to date for 2007, including Implementation of the
Integrated Property System (IPS), Increased Property Inspection
Program, Ombudsman’s Recommendations, Enumeration,
Stakeholder Outreach, Service Delivery, Seasonal Campgrounds,
and participation at the AMO 2007 Annual Conference.
Ms. Zimmerman provides assurance that MPAC will continue to strive
to improve service and build stronger relationships with municipalities,
property taxpayers and other stakeholders and extends an invitation
to Members of Council to contact her directly or to contact members
of MPAC staff for further information on these issues.
I - 12 Wayne Ellis strongly urging Council to support the staff
recommendations in Report PSD-141-07 and to declare Clarington as
an “Unwilling Host” for an Energy-From-Waste facility.
I - 1 Minutes of the Clarington Traffic Management Advisory Committee
dated October 18, 2007
Council Meeting Minutes - 11 - December 10, 2007
Resolution #C-653-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT the minutes of the Clarington Traffic Management Advisory Committee
dated October 18, 2007, be received for information.
“CARRIED”
I - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on November 21, 2007, the Region of Durham
passed the following resolution pertaining to the Highway 407 East
Completion Environmental Assessment:
“a) THAT the technically Recommended Route identified as part of
the Preferred Alternative Method be endorsed in principle, as the
basis to advance and complete the Highway 407 East Completion
Environmental Assessment;
b) THAT the Project Team for the Highway 407 East Completion
Environmental Assessment be requested on a go-forward basis to:
i) confirm the adequacy of the proposed interchanges and their
configurations on the Technically Recommended Route by
providing a detailed traffic analysis, and where appropriate,
protect for additional interchanges to support the long-term
growth objectives of the Region;
ii) provide confirmation that the proposed locations for the
Westney Road and Enfield Road interchanges with the
Highway 407 mainline do not preclude the realignments of
these roads, as contemplated in the Regional Official Plan;
iii) provide confirmation that the interchange of Lake Ridge Road
with Highway 401, and the widening and realignment of
Highway 401 between Salem Road and the proposed West
Durham Link, is being included as part of the Highway 407 East
Completion Environmental Assessment, design and
construction;
iv) continue to work closely with Regional and Area Municipal staff
to detail road realignments and other treatments, such as
overpasses, underpasses, road closures and service roads,
that are necessary to implement the Technically
Recommended Route; and
Council Meeting Minutes - 12 - December 10, 2007
v) have due regard for the Region’s standards (e.g. minimum
spacing between signalized intersections) on arterial roads, as
per the Region’s Arterial Corridor Guidelines, in determining
the final configuration for the interchanges;
c) THAT the Ontario Ministry of Transportation be urged to ‘stay the
course’ on the revised schedule for the Highway 407 East
Completion Environmental Assessment, and completion of
construction from Brock Road to Highway 35/115 and the two
freeway links in 2013;
d) THAT the Project Team examine the need and feasibility of
constructing an interim Brooklin by-pass on the proposed corridor
for the Highway 407 mainline;
e) THAT a copy of Joint Report #2007-J-50 be provided to the
Ontario Ministry of Transportation as the Region’s detailed
comments on the Preferred Alternative Method; and
f) THAT a copy of Joint Report #2007-J-50 be forwarded to the area
municipalities and the Conservation Authorities in Durham.”
Resolution #C-654-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the resolution from the Region of Durham with respect to the Highway
407 East Completion Environmental Assessment be endorsed.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-655-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items be approved as per the agenda, including Hand-out
Item D - 13, with the exception of Items D - 6 to D - 13, inclusive.
“CARRIED”
Council Meeting Minutes - 13 - December 10, 2007
D - 1 Jeanne McFarland Event Organizer, Clarington Polar Bear Swim,
requesting approval for members of Clarington Fire Station 2 to
th
attend the 7 Annual Clarington Polar Bear Swim to be held on
January 1, 2008, at the Newcastle Waterfront to raise awareness of
the need for organ and tissue donations and to support the Canadian
Liver Foundation. In 2007, a donation of $4000 was presented to the
Canadian Liver Foundation.
(Request approved)
D - 2 Art Short, Lions Club of Bowmanville, requesting permission to
occupy the bridge over the Bowmanville Creek at King Street West
(Highway 2) on Saturday, June 14, 2008, for their annual Rubber
Duck Race.
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permit)
D - 3 Deborah Wilson, Director General, Community Development and
Partnerships Directorate, Human Resources and Social Development
Canada, forwarding nomination brochures for the 2008
Thérèse Casgrain Volunteer Award, an award presented annually to
one Canadian man and one Canadian woman who have contributed
significantly to the advancement of a social cause and the well-being
of their fellow Canadians and advising the deadline for submission is
February 1, 2008.
(Correspondence referred to the
Municipal Clerk to place a notice in the
local newspapers)
D - 4 Memorandum from Carlos Salazar, Manager, Community Planning
and Design to the Municipal Clerk requesting that the Terms of
Reference for the Green Community Advisory Committee be clarified
regarding the role of the Mayor and Councillor to be full members
able to stand as Chair and Vice-Chair of the Committee.
(Memorandum referred to the Municipal
Clerk)
D - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on November 21, 2007, the Region of Durham
passed the following resolution pertaining to the new Durham Region
Forest Conservation By-law:
“a) THAT Report #2007-P-84 of the Commissioner of Planning be
received for information;
Council Meeting Minutes - 14 - December 10, 2007
b) THAT a copy of Report #2007-P-84 be forwarded to the Area
Municipalities, the Conservation Authorities in Durham Region, the
Durham Environmental Advisory Committee, the Durham
Agricultural Advisory Committee, and the Ministry of Natural
Resources, for information; and
c) THAT staff report back to Planning Committee with an appropriate
course of action on a Forest Conservation By-law, once all
outstanding Area Municipal comments have been received.”
(Correspondence referred to staff)
D - 6 P. M. Madill, Regional Clerk, Regional Municipality of Durham
advising Council that on November 21, 2007, the Region of Durham
passed the following resolution pertaining to the Federal
Government’s Building Canada Infrastructure Plan:
“a) THAT the Federal and Provincial Governments be requested to
provide entitlement based funding for the Federal Government’s
Building Canada Infrastructure Fund in support of the Association
of Municipalities of Ontario (AMO) position for predictable, long
term infrastructure funding for municipalities;
b) THAT a copy of Report #2007-F-81 of the Commissioner of
Finance be circulated to the Prime Minister of Canada; the
Premier of Ontario; the Federal and Provincial Opposition Parties;
Durham MP’s and MPP’s; the Federation of Canadian
Municipalities; and the Association of Municipalities of Ontario
(AMO); and
c) THAT a copy of this resolution be forwarded to the Durham Area
Municipalities requesting their endorsement.”
Resolution #C-656-07
Moved by Councillor Novak, seconded by Councillor Trim
THAT the resolution from the Region of Durham with respect to the Federal
Government’s Building Canada Infrastructure Plan be endorsed.
“CARRIED”
Council Meeting Minutes - 15 - December 10, 2007
D - 7 Leona Thorogood, 2007-08 National President, Kin Canada,
Association of Kinsmen, Kinette and Kin Clubs, requesting Council to
support their annual “Message-of-Support” in Kin Magazine, providing
Council with the opportunity to express appreciation to Kin Canada
Members who have raised funds and donated countless hours to
serve the needs of fellow Canadians; and in doing so, ensuring
Kinsmen and Kinettes can continue to provide assistance to the many
groups, organizations and individuals who rely on their fundraising
efforts to meet local community needs.
Resolution #C-657-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the Municipality of Clarington support the Association of Kinsmen, Kinette
and Kin Clubs’ “Message-of-Support” by purchasing a 1/12 page ad in Kin
Magazine at a cost of $250.
“CARRIED”
D - 8 Andrea Bolton, Deputy Clerk, Township of Elizabethtown-Kitley
advising Council that on November 12, 2007, the Township of
Elizabethtown-Kitley passed the following resolution pertaining to the
cost of training related to Fire Code enforcement:
“THAT upon the recommendation of the Fire Services Liaison
Committee staff be directed to send a letter to the Ontario Fire
Marshal requesting that the Ontario Fire Marshal (OFM) cover the
cost associated with training and workshops should the OFM initiate
new fire safety legislation; and
THAT this letter be circulated to all Ontario municipalities for support.”
Resolution #C-658-07
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the resolution from the Township of Elizabethtown-Kitley with respect to
the cost of training related to Fire Code enforcement be endorsed.
“CARRIED”
D - 9 Cheri Cowan, CMO, Town Clerk, Town of Caledon, advising Council
that on November 20, 2007, the Town of Caledon passed the
following resolution pertaining to fees and royalties charged to
aggregate operators:
Council Meeting Minutes - 16 - December 10, 2007
“WHEREAS Aggregate production is essential for the economic
growth and prosperity of the Province of Ontario;
AND WHEREAS in a Special Report to the Legislative Assembly of
Ontario, Gord Miller, Environmental Commissioner of Ontario outlined
a number of inadequacies in the capacity of the Ministry of Natural
Resources (MNR) to properly oversee the approvals, compliance,
rehabilitation and long term planning to protect Ontario’s Aggregate
Resources. Chief among those concerns was MNR’s lack of
adequate funding for staff to properly operate an effective compliance
and enforcement program;
AND WHEREAS the Town of Caledon shares the concerns of the
Province’s Environmental Commissioner;
THEREFORE BE IT RESOLVED THAT Council for the Corporation of
the Town of Caledon requests that the Province of Ontario consider
increasing the fees and royalties charged to aggregate operators and
use this additional revenue exclusively for providing the MNR with
resources to effectively staff an enforcement branch that will be able
to adequately ensure the long term viability of the aggregate industry
as well as ensure the responsible protection of the long-term
environmental and human health of the community surrounding these
aggregate extraction operations;
AND FURTHER THAT this resolution be forwarded to the Premier of
Ontario, the Minister of Natural Resources, the Office of the
Environmental Commissioner of Ontario, the Township of North
Dumfries and to all the Association of Municipalities of Ontario for
circulation to all Ontario municipalities asking for their support.”
Resolution #C-659-07
Moved by Councillor Trim, seconded by Councillor Novak
THAT Correspondence Item D – 9 be received for information.
“CARRIED”
Council Meeting Minutes - 17 - December 10, 2007
D - 10 Janice Willett, MD, FRCSC, President, Ontario Medical Association,
(OMA) advising the OMA has been advocating for a ban on smoking
in cars transporting children to help protect them from the negative
health impacts of Second-Hand Smoke (SHS) and in an effort to build
support for Provincial legislation to solve the problem, the OMA is
inviting municipalities to join in calling for a provincial ban on smoking
in cars transporting children by adopting a resolution in support of the
matter.
Resolution #C-660-07
Moved by Councillor Foster, seconded by Councillor Woo
THAT the position of the Ontario Medical Association calling for a Provincial
Ban on smoking in vehicles where children are present be endorsed “in
principle”.
“CARRIED”
D - 11 Libby Racansky expressing concern that the water level in
groundwater recharge area in her Courtice neighbourhood has
decreased to such a degree due to non-sustainable and sprawling
development on provincially significant wetlands and forests that it
cannot be restored; and in the absence of watershed planning and
planning for the whole neighbourhood, requesting that her well, and
any other well affected by Council’s planning and the developer’s
actions, be restored by deeper drilling and extension of pipe intake;
and further that the cost be absorbed by the developer.
Resolution #C-661-07
Moved by Councillor Foster , seconded by Councillor Trim
THAT Correspondence Item D – 11 be referred to staff of the Region of Durham
and the Municipality of Clarington.
“CARRIED”
Council Meeting Minutes - 18 - December 10, 2007
D - 12 Walter H. Gibson, P.Eng., Principal, Gibson Associates 1997 Ltd.,
advising they have been retained by the purchaser of the former
Mercer’s Garage at 5360 Main Street in Orono to conduct an
environmental site assessment of the subject lands to address
environmental implications and suspected subsurface contamination
related to the historical use of the lands as the owner wishes to carry
out appropriate site remediation activities of these lands to restore the
contaminated site to a permitted land use; and requesting whether the
Municipality would provide a copy of the October 2006, environmental
study to assist the new owner in achieving a clear understanding of
the current site conditions.
Resolution #C-662-07
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Gibson Associates be provided with a copy of the environmental site
assessment for 5630 Main Street provided that the authors give their consent,
that an appropriate indemnity is provided; and that 50% of the cost of the report
be paid to the Municipality; and further
THAT should consent be provided by the authors for use of the environmental
site assessment by Gibson Associates, such use be subject to indemnification
of the Municipality by Gibson Associates on behalf of their clients without
recourse against the Municipality.
“CARRIED”
D - 13 Libby Racansky advising of the hardship she and her husband are
experiencing due to lack of available water and requesting their well
be deepened or a new well be drilled.
Resolution #C-663-07
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item D - 13 be referred to staff of the Region of Durham
and the Municipality of Clarington.
“CARRIED”
Council Meeting Minutes - 19 - December 10, 2007
MOTION
NOTICE OF MOTION
Resolution #C-664-07
Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS on November 8, 2007, the Committee of Adjustment
approved Application No. A2007-0058;
AND WHEREAS at the Council meeting held on November 26,
2007, the Council of the Municipality of Clarington passed
Resolution #C-634-07, authorizing staff to appeal the decision of
the Committee of Adjustment to the Ontario Municipal Board;
AND WHEREAS the applicant, Rod Cochrane, has now provided
documentation indicating support of the application from all
surrounding neighbours:
NOW THEREFORE BE IT RESOLVED THAT Resolution
#C-634-07 be rescinded.
“CARRIED”
Resolution #C-665-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-136-07 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
November 8, 2007 for applications A2007-0055, A2007-0057, A2007-58, A2002-59
and A2007-0060 and that Staff be authorized to appear before the Ontario Municipal
Board to defend the decisions of the Committee of Adjustment.
”CARRIED”
Council Meeting Minutes - 20 - December 10, 2007
REPORTS
Report #1 - General Purpose and Administration Committee Report December 3,
2007.
Resolution #C-666-07
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of December 3,
2007, be approved, with the exception of Item #15.
“CARRIED”
Item #15
Resolution #C-667-07
Moved by Councillor Foster, seconded by Councillor Trim
THAT Report CLD-041-07 be received;
THAT the proposed Procedural By-law included as Attachment No. 1 to Report
CLD-047-07 be forwarded to Council for passage; and
THAT the local boards be advised of Council’s decision.
“CARRIED”
Report # 2 – Report COD-056-07 - Tender CL2007-43, Guide Rail Installation
Resolution #C-668-07
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report COD-056-07 be received;
THAT Peninsula Construction Inc, Fonthill, Ontario with a total bid in the amount of
$98,174.74 (excluding G.S.T.), being the lowest responsible bidder meeting all terms,
conditions, and specifications of Tender CL2007-43, be awarded the contract for the
Guide Rail Installation as required by the Operations Department;
Council Meeting Minutes - 21 - December 10, 2007
THAT the total funds required in the amount of $118,033.77 ($98,174.74 tender plus
consulting, contingencies, emergency work and administration) be drawn as follows:
a) $45,000.00 from 2007 Capital Budget for Guide Rail Installation Account
# 110-36-330-83639-7401;
b) $39,714.95 from the 2006 Capital Budget for Asphalt Resurfacing
Account # 110-32-330-83212-7401;
c) $33,318.82 from Municipal Capital Works Reserve Fund; and
THAT the By-law marked Schedule “A” attached to Report COD-056-07 authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
“CARRIED”
UNFINISHED BUSINESS
Addendum to Report PSD-141-07 - Durham/York Residual Waste Environmental
Assessment Study - Site Selection Process Municipal Comments On Step 7 –
Evaluation of Short-List Of Sites And Identification of Preferred Site
Resolution #C-669-07
Moved by Councillor Trim, seconded by Councillor Hooper
“THAT the Addendum to Report PSD-141-07 and Report PSD-141-07 be received;
THAT the entire Report PSD-141-07 be attached to the entire Addendum Report
PSD-141-07;
THAT, except for staff recommendations – Items 5 and 6 found on page 1 of the
Addendum Report PSD-141-07, the entire Addendum to Report PSD-141-07, the
entire Report PSD-141-07, and this motion as Council’s decision be adopted as The
Municipality of Clarington’s comments on Step 7 – Durham/York Residual Waste
Environmental Assessment Study – Site Selection Process;
THAT the Regions of Durham and York be requested to respond to and address, early
in 2008, the issues identified by the peer review consultants that are necessary for the
submission of the EA documentation to the Ministry of the Environment;
THAT the Regions of Durham and York commit to including in the Request for
Proposals and Certificate of Approval, Maximum Achievable Control Technology
(MACT) for the emission standards and monitoring that the EFW facility will meet;
THAT The Municipality of Clarington’s comments as described above, including this
motion as Council’s decision, be forwarded to the Durham-York Joint Waste
Council Meeting Minutes - 22 - December 10, 2007
Management Group, the Region of York, the Region of Durham, the Ministry of
Environment, and the other area municipalities in Durham Region; and
THAT all delegations and interested parties be notified of Council’s decision.
“MOTION CARRIED ON THE
FOLLOWING RECORDED VOTE”
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster x
Councillor Hooper x
Councillor Novak x
Councillor Robinson x
Councillor Trim x
Councillor Woo x
Mayor Abernethy x
Addendum to Report PSD-137-07 - Official Plan Amendment No. 59
Applicants: Baysong Developments Inc., 2084165 Ontario Limited, Kemp, Carruthers
Part Lots 11,12, 13 And 14, Concession 3, Former Township Of Darlington
Resolution #C-670-07
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Addendum to Report PSD-137-07 be received;
THAT, as directed by the General Purpose and Administration Committee,
Amendment No. 59 to the Clarington Official Plan as shown on Attachment 2 to
Addendum to Report PSD-137-07 be adopted;
THAT the necessary By-law contained in Attachment 3 to Report PSD-137-07 be
passed;
THAT the Region of Durham be informed of Council’s decision; and
THAT all interested parties listed in the Addendum to Report PSD-137-07 and any
delegations be advised of Council’s decision.
“CARRIED”
Council Meeting Minutes - 23 - December 10, 2007
OTHER BUSINESS
Resolution #C-671-07
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Rules of Procedure be suspended to allow for introduction of an item of new
business at this time.
“CARRIED”
Councillor Hooper stated a declaration of pecuniary interest with respect to free
parking in downtown Bowmanville as he is the owner of a business in downtown
Bowmanville. Councillor Hooper vacated his chair and refrained from discussions and
voting on this matter.
Resolution #C-672-07
Moved by Councillor Woo, seconded by Councillor Robinson
WHEREAS Section 9. (6) (B) (vi) of By-law 91-58 states that the downtown area shall
be designated as a Free Parking area for a period of time commencing on the Monday
of the last full week of shopping prior to Christmas and ending on December 27 of
each year;
AND WHEREAS construction of the King Street bridge is still on-going, thereby
making it more difficult for shoppers to access the downtown area:
NOW THEREFORE BE IT RESOLVED THAT the downtown area be designated a
Free Parking area effectively immediately until January 2, 2008.
“CARRIED”
Mayor Abernethy congratulated the Durham Regional Police Service for a large drug
bust recently.
Mayor Abernethy advised that Ontario Power Generation Darlington Nuclear was
recognized internationally by their peers and have won a Safety Performance Award
for remarkable achievement dealing with safety.
Councillor Hooper stated he and Councillor Foster attended CLOCA Awards and
recognized four award winners from Clarington.
Council Meeting Minutes - 24 - December 10, 2007
Councillor Hooper stated a townhall meeting with the Durham Regional Police
Services will be held December 11, 2007, from 7:00 p.m. to 9:00 p.m. at the Garnet B.
Rickard Complex and invited members of the public to attend to express any concerns
they have.
Councillor Novak stated the Farmers Parade of Lights in Enniskillen, the Charles
Dickens reading at St. John’s Anglican Church and the Edwardian Christmas at the
Museum were very well attended.
Councillor Robinson requested clarification on the status of the Hale Landfill site.
The Solicitor provided a chronology of events concerning the Hale site with respect to
Court decisions.
Councillor Woo advised he attended the World Aids Awareness Event at Carruthers
Creek.
Resolution #C-673-07
Moved by Councillor Novak, seconded by Councillor Foster
THAT the delegations of David Matheson, on behalf of André Wiggers, and
Christopher Williams be received for information.
“CARRIED”
Resolution #C-674-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the delegation of Richard Ward be received for information.
“CARRIED”
Resolution #C-675-07
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the meeting be “closed” in order to consider Confidential Report #3 concerning
a legal matter.
“CARRIED”
Council Meeting Minutes - 25 - December 10, 2007
BY-LAWS
Resolution #C-676-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2007-224 to 2007-232, inclusive, and
that the said by-laws be now read a first and second time.
“CARRIED”
2007-224 Being a By-law toamend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Bowmanville Arms Residents Limited)
2007-225 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (William and Jean Kimball)
2007-226 Being a By-law to authorize the execution of a Servicing
Agreement between the Corporation of the Municipality of
Clarington and The Regional Municipality of Durham for the
connection and installation of Regional Services on Rudell Road
2007-227 Being a By-law to govern the proceedings of the Council of the
Municipality of Clarington, its General Purpose and Administration
Committee and Special Committees, and to repeal By-law 95-55,
as amended
2007-228 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Guild Electric Limited, Toronto,
Ontario, to enter into agreement for the Street Lighting
Improvements at Various Locations and Mearns Avenue
Reconstruction
Council Meeting Minutes - 26 - December 10, 2007
2007-229 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Peninsula Contracting Inc.,
Fonthill, Ontario, to enter into an agreement for Guide Rail
Installation (Report #2)
2007-230 Being a By-law to adopt Amendment No. 58 to the Clarington
Official Plan and to repeal By-law 2007-212
2007-231 Being a by-law to appoint Local Authority Services Ltd. as the
investigator pursuant to Sections 8, 9, 10 and 239.1 of the
Municipal Act, 2001, as amended
2007-232 Being a By-law to adopt Amendment No. 59 to the Clarington
Official Plan
Resolution #C-677-07
Moved by Councillor Foster, seconded by Councillor Novak
THAT the third and final reading of By-laws 2007-224 to 2007-232, be approved.
“CARRIED”
CONFIRMING BY-LAW
Resolution #C-678-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2007-233, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 10 day of December, 2007, and that the said by-law be now read a first and
second time.
“CARRIED”
.
Council Meeting Minutes
- 27-
December 10, 2007
Resolution #C-679-07
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the third and final reading of By-law 2007-233 be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-680-07
Moved by Councillor Robinson, seconded by Hooper
THAT the meeting adjourn at 11 :25 p.m.
"CARRIED"
· ;;J-~-
.