HomeMy WebLinkAbout01/28/2008
Council Meeting Minutes
JANUARY 28, 2008
Minutes of a regular meeting of Council held on January 28, 2008, 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
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
E. Hopkins, Library Director
Director of Operations, F. Horvath
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
Councillor Novak clarified that she had stated a pecuniary interest at the
January 14, 2008 Council meeting with respect to the delegation of Dave Renaud as
a precaution, in the event that the delegation referenced General Motors of Canada
Limited, as she is an employee of GM. She now confirmed that she did not have a
pecuniary interest with Mr. Renaud’s delegation.
Council Meeting Minutes - 2 - January 28, 2008
ANNOUNCEMENTS
Councillor Hooper announced that David Smith, Co-ordinator of the Firehouse Youth
Centre has accepted a new position and that Brad Arbour will be taking over his
duties. Mr. Arbour is looking forward to continuing the efforts of the Youth Centre staff
and volunteers. Councillor Hooper advised on Saturday, February 9, 2008, Heart-N-
Soul Musical Theatre, a Firehouse fundraiser, will be held at the Bowmanville High
School.
Councillor Hooper advised the Durham Golf Guides are on sale now and both he and
Councillor Woo have copies.
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Councillor Hooper stated 2008 is the 50 Anniversary of the Central Lake Ontario
Conservation Authority (CLOCA) noting on September 25, 2008, a gala celebration
will be held at Lynde Creek. He also advised that there could be opportunities to
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promote CLOCA during Bowmanville’s 150 Anniversary celebrations this year.
Councillor Hooper stated Metroland Durham Region Media Group has received 32
awards from the Annual Suburban Newspapers of America for editorial excellence.
Councillor Hooper congratulated Jennifer Stone, Town Hall reporter on receiving
Honourable Mention in her class.
Councillor Woo announced that the Clarington Girls Hockey Association will be
hosting the Mississauga Chiefs versus the Brampton Thunder, two women’s hockey
teams on Saturday, February 9, 2008, at 1:00 p.m. at the Garnet Rickard Complex as
part of Hockey Day in Clarington. Tickets for the event are $10.
Councillor Foster stated there will be a Euchre Tournament hosted by the Courtice
Rotary on February 2, 2008 and to contact him for further details if interested.
Councillor Foster expressed appreciation to the Clarington Board of Trade for the
successful physician recruitment event held on Saturday night.
Mayor Abernethy stated five doctors have expressed interest in Clarington and
thanked Sheila Hall and the Board of Trade for arranging the event.
F. Wu, Chief Administrative Officer provided a brief update on the negotiations
underway with the Region of Durham concerning the Host Community Agreement
regarding the proposed Energy-From-Waste facility. Mr. Wu stated the negotiating
team comprised of the Director of Planning Services, the Director of
Finance/Treasurer and himself have had a series of meetings with Durham Region
staff and have made significant progress. He noted that staff is working diligently on
the negotiations, which are extremely complex, and that further meetings will be
required prior to bringing forward a reasonable conclusion and entire report package
for Council’s consideration.
Council Meeting Minutes - 3 - January 28, 2008
MINUTES
Resolution #C-029-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on January 14, 2008, be
approved.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
DELEGATIONS
Gerald Brown advised prior to the meeting that he would not be in attendance.
Kristin Robinson addressed Council concerning Correspondence Items I - 9, I - 10,
I - 11, and I - 14 regarding Energy-From-Waste expressing concern that Clarington
Council’s resolution of January 14, 2008, requesting that the final site selection for the
proposed incinerator be delayed was not upheld by Clarington’s Regional
representatives at the Regional Council meeting on January 23, 2008. Ms. Robinson
stated she is personally disheartened by this as she feels the deferral would not have
stopped the process but would have provided the opportunity for pertinent information
to be available prior to approving the site. Ms. Robinson requested Council to declare
the municipality as an “Unwilling Host” Community.
Jim Richards advised prior to the meeting that he would not be speaking.
Kristin McKinnon-Rutherford addressed Council concerning Correspondence Item I - 9
regarding Energy-From-Waste stating she was here this evening to appeal to
Clarington’s Local Councillors to declare the municipality an “Unwilling Host”
community. She stated there seems to be an inability on the part of the majority who
favour incineration to have an honest debate about the pros and cons. She defended
citizens who are fighting for diversion, who have done extensive research and brought
forward a multitude of facts but are being ridiculed by supporters of incineration. She
called into question the delegation of the representative of the Swedish embassy
noting pertinent information regarding the export of fly ash, the measure of toxic
emissions and important facts including the need to import waste to keep Sweden’s
29 incinerators operating were omitted from his delegation. She also noted that
Sweden passed legislation in 2006 taxing incineration in order to increase diversion.
Ms. McKinnon-Rutherford urged Council to do what she feels is right and to declare
Clarington an “Unwilling Host” community.
Council Meeting Minutes - 4 - January 28, 2008
In response to questions, Ms. McKinnon-Rutherford stated at this point in time, she
does not feel a meeting outlining the pros and cons of incineration would be helpful to
her personally, noting the CAW attempted to hold such a forum and that Regional staff
and industry experts were invited to participate but did not attend.
In response to additional questions, Ms. McKinnon-Rutherford clarified that she has
concerns with vital information regarding incineration not being communicated and
that there has not been a fair debate as diversion and incineration are not being
treated the same. Ms. McKinnon-Rutherford also advised 1300 new jobs have been
created in both the private and public sector in Halifax in recycling facilities,
transportation and in industry turning recyclables into new products as a result of
increased diversion efforts. She also stated that if a 70% diversion rate is achieved,
the minimum amount required to operate the incinerator would not be available.
Jeremy Woodcock addressed Council concerning Correspondence Items I - 9, I - 10,
I - 11, and I - 14 regarding Energy-From-Waste stating he is appearing before Council
this evening as a living example of the effects of exposure to toxic particulate.
Mr. Woodcock stated he has a progressive lung disease directly related to hazardous
chemicals and particles as a result of the vacuum dust collector the Whitby Steel Plant
where he was employed not being operational for 11 months. Mr. Woodcock stated
he is the third employee who has developed the same disease as a result of working
in the same location. He questioned whether the Region of Durham was aware that
the dust collector had not been operational and whether Environment Canada or the
Ministry of Labour had informed the community. Mr. Woodcock requested a full public
inquiry as to why Durham politicians are failing to protect residents now from
hazardous particles and toxins. Mr. Woodcock questioned how the public will be
protected against the harmful effects of the incinerator when they were not protected
against emissions from the steel plant.
Resolution #C-030-08
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the rules of procedure be suspended to allow for the delegation to continue
beyond the five minute limit.
“CARRIED”
Council Meeting Minutes - 5 - January 28, 2008
Mr. Woodcock requested a criminal investigation be undertaken as preventative
measures were not taken in his workplace. He noted there are 675 chemicals
required to make steel however, only 3 are tested because of the associated costs.
Mr. Woodcock urged Council to look at the facts and at what really happens when
residents are not protected by their elected officials. Mr. Woodcock submitted his
comments “Why Incinerator is Bad News for Durham” and urged Council to provide
the information to the Region and other levels of Government, to learn from the
documents and get answers to questions.
COMMUNICATIONS
Resolution #C-031-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information, including Hand-out
Correspondence Items I - 15 and I - 16, be approved, with the exception of
Item I - 15.
“CARRIED”
I - 1 Minutes of the Living Green Community Advisory Committee dated
October 2 and October 23, 2007
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated
October 11, November 8 and December 13, 2007
I - 3 Minutes of the St. Marys Cement Community Relations Committee
dated December 11, 2007
I - 4 Minutes of the Clarington Museums and Archives Board dated
December 12, 2007
I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated January 8, 2008
I - 6 John O’Toole, MPP, Durham, writing to the Honourable
John Gerretsen, Minister of the Environment, forwarding a copy of
Council’s correspondence supporting the Municipality of Morris-
Turnberry’s resolution requesting the Province of Ontario to grant a
rebate for tire disposal that will provide an incentive to recycle tires
and prevent them from being stockpiled, burned and discarded on
roadsides and lots.
Council Meeting Minutes - 6 - January 28, 2008
I - 7 David Clark, Executive Vice President, Corporate Services, Veridian
Corporation, advising of a new dividend policy established for the
period 2007 through 2011; setting projected dividend payments of
$4.2 million for 2008, $4.4 million for 2009, $4.6 million for 2010 and
4.9 million for 2011; indicating interest payments totaling $4.6 million
will be paid annually on shareholder promissory notes; and advising
the Municipality’s share of the dividend and interest payment is 13.6%
and that dividend will now be paid on a quarterly basis.
I - 8 Susan Self, Chair, CTC Source Protection Committee, notifying
Council that preparations have commenced on the Terms of
Reference (ToR) for the preparation of the Assessment Report and
Source Protection Plan for the Toronto and Region Source Protection
Authority; advising of the establishment of a Municipal Liaison
Working Group to oversee the development of the ToR; and
requesting Council co-ordinate discussions on the Terms of
Reference with John Presta, member of the Source Protection
Committee representing Durham Region municipalities. The
correspondence indicates that material will be ready for sharing with
Municipal Councils in late April/early May.
I - 9 Kristin D. McKinnon-Rutherford forwarding the following information
concerning the proposed Energy-From-Waste facility:
a) Correspondence dated January 11, 2008, providing additional
information to questions and answers listed in the Region’s
Energy-From-Waste brochure; extending appreciation to the
Region’s Health & Social Services Committee for voting to re-
think the process of incineration; expressing dismay that
Regional politicians, in particular, Clarington’s Municipal
Councillors, are spreading myths and half-truths regarding
incineration; and encouraging Members of Council to read her
reports “Debunking the Myths of Incineration” and “The Effects
on Durham Region’s (and Neighbour’s) Children”.
b) Correspondence dated January 14, 2008, forwarding editorials
from the Toronto Star and the Orono Weekly Times and advising
she has made preliminary contact with the Ombudsman’s Office
regarding a number of questionable issues regarding the
process.
Council Meeting Minutes - 7 - January 28, 2008
c) Correspondence dated January 14, 2008, extending an apology
to Local Councillors Foster, Hooper, Robinson and Woo for
insinuating they were spreading myths and half-truths regarding
incineration and advising of a Health and Wellness Fair being
held on February 2, 2008, at the Westminster United Church that
will include a table on incineration.
d) Correspondence dated January 15, 2008, requesting an
explanation as to why Mayor Abernethy read the content of an
e-mail she received from Premier McGuinty regarding an
incinerator in Durham Region when she had expressly denied
permission for the e-mail to be used. Ms. McKinnon-Rutherford
stated the point of her sharing the e-mail was to illustrate the
limitations of the protections offered through the Ministry of the
Environment’s incinerator guidelines and to point out that the
Province has a responsibility to take part in discussion about
waste alternatives.
e) Correspondence dated January 15, 2008, forwarding a list of
communities world-wide who have embraced the Zero Waste
philosophy and have achieved over 74% of waste diverted from
landfill and incineration due to reducing, re-using, recovery and
composting.
f) Correspondence dated January 20, 2008, advising of the 2008
Canadian Waste Resource Symposium being held in Halifax in
April, 2008.
I - 10 Correspondence has been received from individuals/groups listed
below in opposition to the proposed Energy-From-Waste facility citing
human health, environmental and financial concerns. The majority of
interested parties propose that increased waste diversion strategies
be investigated as an alternative method of waste disposal. (Copies
of all correspondence are on file in the Municipal Clerk’s Department)
a) Gail Bradley
b) Kevin Church
c) Fred Cooke
d) Tracey Ali
e) David & Patricia Brennan
f) Margo Smith-Bischoff
g) Bischoff Family
h) Belynda Matula
i) Jo-Ellen McGillis
j) Heather Higgins
k) Jason Cooke
l) Shawn Giguere
Council Meeting Minutes - 8 - January 28, 2008
m) Julie Morello
n) Lori Moore
o) Lisa Cochrane
p) Alfred Collins
q) Brad Mike
r) Natalie Stocker
s) Douglas Holdway
t) Durham Region Labour Council
u) Francois Roy
v) Annie Moisan
w) Mr. & Mrs. Manuel Jimenez
x) Julia McCrea
y) Paul & Juliet Joseph
z) Willis and Marilyn Barraball
aa) Julian Bahmann
bb) Laura Ross
cc) Lezlie Fry
dd) Werner Valentin
ee) Bryan Beitle
ff) Peter Piels
gg) Holly Hatfield
hh) Dave James
ii) Dan Hall-Ufford
I - 11 Sandra Kranc, City Clerk, City of Oshawa, writing to the Region of
Durham advising that on January 21, 2008, the City of Oshawa
passed the following resolution pertaining to the proposed incinerator
in Clarington:
“WHEREAS correspondence was received from the Municipality of
Clarington dated December 11, 2007 concerning the Durham/York
Residual Waste Environmental Assessment Study – Site Selection
Process; and,
WHEREAS the Township of East Gwillimbury has unanimously
opposed the location of an incinerator within its boundaries and has
indicated that it is not a willing host community for an incinerator; and,
WHEREAS the Region of Durham has consistently refused to support
resolutions that would require any municipality in Durham to be a
willing host community before being considered for an incineration
site; and,
WHEREAS sites in Clarington will potentially cause a real and
demonstrated health hazard to the residents of Oshawa, with
prevailing winds depositing dioxin, furans, nanoparticles and other
noxious and poisonous materials over large portions of Oshawa;
Council Meeting Minutes - 9 - January 28, 2008
BE IT RESOLVED,
1. That the Council of the City of Oshawa indicate to the Region of
Durham and to the Region of York that it is not a willing
recipient of the wastes and poisons discharged into the air from
a proposed incinerator potentially located in the Municipality of
Clarington; and,
2. That the Council of the City of Oshawa urges our neighbouring
Municipality of Clarington to join with East Gwillimbury to
indicate its opposition to an incinerator being located in
Clarington and that they pass a resolution indicating that they
are not a willing host municipality for any potential incineration
site; and,
3. The Regions of York and Durham are requested to agree to
protect the health and safety of the residents of Clarington and
Durham by incorporating into the design and installation of the
EFW facility the most modern and state of the art emission
control technologies that meet or exceed the European Union
EU monitoring and measurement standards; and,
4. The Regions of York and Durham agree to continue to support
an aggressive residual waste diversion and recycling programs
in order to achieve and exceed on or before December 2010 a
70% diversion recycling rate for the entire Region and such
aggressive programs shall continue beyond 2010; and,
5. That the Council of the City of Oshawa urge the Region of
Durham and the Region of York to respect the wishes of the
local Councils by committing to a protocol that would not allow
any incinerator to be located in any community that is not a
declared willing host community by a resolution of its local
council after public consultation; and,
6. 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; and,
7. 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; and,
Council Meeting Minutes - 10 - January 28, 2008
8. That the Regions of Durham and York be requested to delay the
final selection of a preferred site for the Energy from Waste
facility until such time as the submissions in response to the
Request for Proposals have been reviewed, a preferred
technology and vendor has been selected, and the sensitivity
analysis in relationship to the site selection and the specific
Human Health and Ecological Risk Assessment has been
carried out; and,
9. That the final site selection be delayed until the business case
for the Energy from Waste facility has been adopted by the
Regional Councils, incorporating the appropriate costs for the
Host Community Agreement as reflected in Clarington Council’s
Resolution GPA 632-07 and C-592-07 (Attachment 13 to
PSD-141-07); and,
10. That the Council of the City of Oshawa strongly urges all local
Councils in the Region of Durham and the Region of York to
support the actions taken in East Gwillimbury and to take similar
actions to those included in this resolution; and,
11. That a copy of this resolution be sent to all Regional and local
Councils and Council members in the Regional Municipalities of
Durham and York and to all MP’s and MPP’s in ridings located
within those Regions.”
I - 12 Candi and Larry Gannon advising they are pleased to see that the
new Port Darlington Park will be developed at the lake front as they
feel it will be a great asset to the area.
I - 13 Evan Elford, Durham Farm Fresh Marketing Association, forwarding a
summary of the Association’s Annual General Meeting highlighting
key goals, main events and the Association’s accomplishments for
2007.
Council Meeting Minutes - 11 - January 28, 2008
I - 14 Agatha Garcia-Wright, A/Director, Environmental Assessment and
Approvals Branch, Ministry of the Environment, responding to
correspondence from Mirka Januszkiewicz, Director, Waste
Management Services, Works Department, Region of Durham,
concerning the Durham/York Residual Waste Study Environmental
Assessment (EA) process, advising that the Ministry is of the opinion
that the Regions have not deviated from Step 7 of the Durham/York
Residual Waste Study Environmental Assessment (EA) process,
Evaluation of Alternative Methods, in the approved Terms of
Reference (TorR) to such an extent that an EA cannot be prepared in
accordance with it, provided that Step 7 has not yet been completed,
and that the consideration of the preferred site and technology
continue to move forward as set out in the ToR. The correspondence
indicates that any further adjustments to the EA process
contemplated, should be discussed in consultation with the Ministry
prior to their implementation.
I - 16 Gerald Brown congratulating Council on commencing the 2008
budget process earlier allowing more time for review and discussion
and for providing a transparent forum for taxpayers to participate, but
expressing concern with the proposed tax increase as it is not
affordable, is unfair to residents on fixed incomes and lower
investment returns; and suggesting the Municipality reduce spending,
and attract more business so residents can live and work in
Clarington which would help balance residential to commercial and
industrial assessments.
I - 15 Jim Richards expressing concern that the official position of
Clarington Council requesting deferral of the site selection for the
Energy-From-Waste facility was not conveyed to Regional Council;
that the entire Environmental Assessment process has been flawed
from the beginning; and that Clarington’s Regional representatives
will be leaving a shameful and inexcusable legacy for Clarington.
Resolution #C-032-08
Moved by Councillor Foster, seconded by Councillor Robinson
WHEREAS the Municipality of Clarington has requested that the Regions of Durham
and York take forward two geographically distinct sites for analysis in the final stages
of the EA on residual waste due to a garbage incinerator’s impact on Clarington’s
airshed; the lack of site specific health studies and a lack of details regarding the
technology;
Council Meeting Minutes - 12 - January 28, 2008
WHEREAS the City of Oshawa, the Town of Ajax and the Durham Region Health and
Social Services Committee have raised similar concerns with the site selection
process;
WHEREAS under the Environmental Bill of Rights 1993, the MOE statement of
Environmental Values indicates that the Minister should take a precautionary
approach especially where there is some uncertainty about the risk presented by
particular pollutants;
WHEREAS on January 23, 2008, the Region of Durham selected a site in Courtice for
a garbage incinerator without knowing the technology or the specific health effects;
WHEREAS the Region has not given due consideration to the concerns presented by
the potential host community;
WHEREAS the EA process is to find the best site for the incinerator and insufficient
information has been provided to date to determine that the Courtice site is the best
site;
THEREFORE BE IT RESOLVED THAT the Municipality of Clarington is an unwilling
host to the proposed Durham/York garbage incinerator and that a copy of this motion
be forwarded to the Region of Durham and the Region of York and their constituent
local municipalities, the Durham York Joint Waste Management Committee, the
Ministry of the Environment and John O’Toole, MPP.
SEE FOLLOWING MOTION
Resolution #C-033-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT the foregoing Resolution #C-032-08 be tabled until the February 11, 2008
Council meeting.
“MOTION LOST”
Council Meeting Minutes - 13 - January 28, 2008
The foregoing Resolution #C-032-08 was then put to a vote and 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
CORRESPONDENCE FOR DIRECTION
Resolution #C-034-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items be approved as per the agenda, with the exception of
Items D - 5 to D - 9, inclusive.
“CARRIED”
D - 1 Chuck Clayton, President, Clarington Honda, requesting permission
to erect a tent on the roadway in front of 23 Spicer Square from
9:00 a.m. until 3:30 p.m. on January 30, 2008, to hold a ground
breaking ceremony to celebrate the start of construction of Clarington
Honda. Mr. Clayton anticipates 60 to 70 people will attend the event.
(Approved provided the organizers
apply for and obtain a Road Occupancy
Permit)
D - 2 Christine Avery Nunez, Co-ordinator, The Ruth Atkinson Hindmarsh
Award, an award established in 1998 to celebrate and encourage the
heroic efforts of organizations dedicated to improving the wellbeing of
children by providing an annual gift of $50,000 to a charitable
organization; and inviting nominations of Ontario-based registered
charities deserving special recognition. The deadline for submission
of nominations is April 14, 2008.
(Correspondence referred to the
Municipal Clerk to place an ad in the
local newspapers)
Council Meeting Minutes - 14 - January 28, 2008
D - 3 Lori Riviere, Planning Department, Region of Durham, advising
nominations are being accepted until March 3, 2008, for the Durham
Environmental Advisory Committee (DEAC) Environmental
Achievement Awards, a program established to recognize individual
or group efforts in six award categories who promote, preserve and
enhance Durham’s natural environment. Nomination forms are
available at www.region.durham.on.ca or by contacting Lori Riviere at
905-668-7711.
(Correspondence referred to the
Director of Planning Services)
D - 4 Lynda Shepherd, Office Administration, The Canadian Hearing
Society, Durham, advising of the proclamation of May as “Hearing
Awareness Month” across North America to promote public
understanding and awareness of the needs of culturally deaf, oral
deaf, deafened and hard of hearing Canadians and to emphasize the
importance of protecting our hearing; and, requesting that May 2008
be proclaimed as “Hearing Awareness Month” in Clarington.
(Proclaimed)
D - 5 Cahl Pominville, Clerk, Municipality of North Grenville, advising
Council that on December 10, 2007, the Municipality of North
Grenville passed the following resolution pertaining to Funding and
Financing of Municipal Infrastructure Programs:
“WHEREAS Municipalities in the Province of Ontario continue to have
problems funding existing and new infrastructure;
AND WHEREAS fast growing Municipalities such as North Grenville
face particular difficulty in financing new infrastructure initiatives as
existing infrastructure funding programs are focused predominantly
on rehabilitation or replacement of existing infrastructure;
AND WHEREAS under the Constitution of Canada, the Provincial
Government has the authority and responsibility for Municipal issues,
including the finding and financing of Municipal infrastructure
programs;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of
North Grenville requests that the Government of the Province of
Ontario commit 1/8th of the current 8% Provincial Sales Tax to
Municipalities to fund Municipal Infrastructure Programs;
Council Meeting Minutes - 15 - January 28, 2008
AND FURTHER THAT this resolution be forwarded to the Hon.
Dalton McGuinty, Premier of Ontario, Rt. Hon. Stephen Harper,
Prime Minister of Canada, Hon. Dwight Duncan, Minister of Finance
(Ontario) Hon. Jim Flaherty, Minister of Finance (Federal)
Bob Runciman, Leader of the Opposition, Howard Hampton, Leader
of the Ontario NDP, Gord Brown, M.P. and John Tory, Leader of the
PC Party of Ontario, and to all Municipalities in the Province of
Ontario for consideration and endorsement.”
Resolution #C-035-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the Municipality of North Grenville with respect to
funding and financing of Municipal Infrastructure Programs be endorsed.
“CARRIED”
D - 6 Tom Barrie, Chair, Agricultural Advisory Committee of Clarington
(AACC), advising Council that on January 10, 2008, the AACC
passed the following three resolutions pertaining to Property Related
Offences:
“WHEREAS the Agricultural Advisory Committee of Clarington is a
Committee constituted by the Council of the Municipality of Clarington
and composed of members of the local agricultural community
AND WHEREAS the Clarington agricultural community have been the
victims of numerous property related offences including trespass and
youth vandalism;
AND WHEREAS the Agricultural Advisory Committee of Clarington is
concerned that the lenient sentences handed down to youth,
convicted of these crimes, condone rather than discourage this
behaviour for the community at large;
NOW THEREFORE BE IT RESOLVED:
1. THAT the Provincial Prosecutors be encouraged to seek
sentences which more accurately reflect the seriousness of this
situation and its impact on the agricultural community;
2. THAT the Provincial Prosecutors be requested to meet with the
Agricultural Advisory Committee of Clarington in order to better
familiarize themselves with the effects of such offences on the
community;
Council Meeting Minutes - 16 - January 28, 2008
3. THAT input from the agricultural community be sought in any
youth diversion programs in order to help educate the offenders
on the seriousness of their actions;
4. THAT a copy of this Resolution be forwarded to Mr. John
O’Toole, Member of Provincial Parliament, Ms. Bev Oda, Member
of Parliament, the Durham Regional Police Service and the
Durham Agricultural Advisory Committee for their information.”
“WHEREAS the Agricultural Advisory Committee of Clarington is a
Committee constituted by the Council of the Municipality of Clarington
and composed of members of the local agricultural community
AND WHEREAS the Clarington agricultural community have been the
victims of numerous property related offences including theft of farm
produce and vandalism;
AND WHEREAS the Agricultural Advisory Committee of Clarington is
concerned that the lenient sentences handed down to individuals
convicted of these crimes condone rather than discourage this
behaviour for the community at large;
NOW THEREFORE BE IT RESOLVED:
1. THAT the senior management of the Durham Regional Police
Service be encouraged to meet with the Agricultural Advisory
Committee of Clarington in order to better understand the
concerns of the members and the effects of these crimes on the
agricultural community;
2. THAT the Durham Regional Police Service be requested to take
a more aggressive approach towards enforcement of offences
involving harm to agricultural properties; and
3. THAT a copy of this Resolution be forwarded to Mr. John
O’Toole, Member of Provincial Parliament, Ms. Bev Oda, Member
of Parliament and the Durham Agricultural Advisory Committee
for their information.”
“WHEREAS the Agricultural Advisory Committee of Clarington is a
Committee constituted by the Council of the Municipality of Clarington
and composed of members of the local agricultural community
AND WHEREAS the Clarington agricultural community have been the
victims of numerous property related offences including theft of farm
produce and vandalism;
Council Meeting Minutes - 17 - January 28, 2008
AND WHEREAS the Agricultural Advisory Committee of Clarington is
concerned that the lenient sentences handed down to individuals
convicted of these crimes condone rather than discourage this
behaviour for the community at large;
NOW THEREFORE BE IT RESOLVED:
1. THAT the Crown Attorney’s office be encouraged to meet with the
Agricultural Advisory Committee of Clarington in order to better
familiarize themselves with the effects of these crimes on the
individual farmers and the community as a whole;
2. THAT Crown Attorneys be encouraged to seek sentences which
more accurately reflect the seriousness of this situation and its
impact on the agricultural community;
3. THAT Crown Attorneys be encouraged to actively seek Victim
Impact Statements from the victims of these crimes in order to
better guide the court in sentencing;
4. THAT input from the agricultural community be sought in any
sentence diversion programs in order to help educate the
offenders on the seriousness of their actions; and
5. THAT a copy of this Resolution be forwarded to Mr. John O’Toole,
Member of Provincial Parliament, Ms. Bev Oda, Member of
Parliament, Durham Regional Police Service and the Durham
Agricultural Advisory Committee for their information.”
Resolution #C-036-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolutions from the Agricultural Advisory Committee of Clarington
with respect to property related offences be endorsed.
“CARRIED”
D - 7 Debra B. Roth, Clerk, Municipality of South Bruce, advising Council
that on January 8, 2008, the Municipality of South Bruce passed the
following resolution pertaining to a Provincial Ban on Cosmetic Urban
Pesticide Use:
“WHEREAS, the McGuinty Government is proposing a Provincial ban
on cosmetic urban pesticide use.
Council Meeting Minutes - 18 - January 28, 2008
WHEREAS, many cities and towns across Ontario have already
implemented urban pesticide use by-laws – most of which
inadvertently also restrict or potentially restrict agricultural pesticide
use on land used for agricultural production located within and/or
adjoining these urban areas.
WHEREAS, a provincial ban will send a signal to the public that
pesticides are inherently dangerous; so much so that they need to be
banned. The anti-pesticide activists will swing their efforts and media
coverage towards agriculture promoting a similar ban or restriction on
pesticide use.
WHEREAS, the dangers of pesticides are related more to
irresponsible use than to the products themselves.
NOW THEREFORE BE IT RESOLVED, that we request the
Provincial Government to implement a “Responsible Use Plan” for
urban pesticide use and not impose a ban on cosmetic pesticide use.
The components of a “Responsible Use Plan for Urban Pesticide
Use” would include:
a minimum training requirement for “anyone” to purchase or
-
apply urban pesticides – similar to Grower Pesticide Safety
Certificate that has been in effect for agriculture for many
years.
a minimum training requirement for vendors selling urban
-
pesticides, similar to Vendor Pesticide Certificate that has
been required in agriculture for many years.
Some pesticide schedules to be applied by professionals
-
(licensed exterminators) only
a media campaign to educate homeowners on proper
-
pesticide use and to discourage cosmetic pesticide use.
AND FURTHER, that this resolution be forwarded to the Minister of
the Environment, Minster of Agriculture, Food and Rural Affairs, local
MPP, and all ROMA municipalities.”
Resolution #C-037-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item D - 7 be referred to the Director of Operations.
“CARRIED”
Council Meeting Minutes - 19 - January 28, 2008
D - 8 Janet Beckett, City Clerk, City of Port Colborne, advising Council that
on December 10, 2007, the City of Port Colborne passed the
following resolution pertaining to the Municipal Infrastructure Deficit:
“WHEREAS the 2007 FCM-McGill Municipal Infrastructure Survey
has estimated a $123.6 billion infrastructure deficit in 2007;
AND WHEREAS Canada’s future prosperity, economic development,
international competitiveness and overall quality of life is at stake if
this infrastructure deficit remains unaddressed;
AND WHEREAS governments need to acknowledge this looming
crisis and to act immediately to address the problem by providing
long-term financing based on established priorities for both the
upgrade of existing infrastructure and the building of new
infrastructure and through the development and implementation of
new technologies, best practices and effective management;
NOW THEREFORE BE IT RESOLVED THAT the Council of the City
of Port Colborne supports the findings of the 2007 FCM-McGill
Municipal Infrastructure Survey and hereby petitions the Federal and
Provincial Governments to establish a national plan to eliminate the
municipal infrastructure deficit through the provision of equitable long-
term funding strategies, to prepare the groundwork for effective
management in the future and to undertake a comprehensive,
national study, involving all three orders of government, to determine
the size, scope and geographic characteristics of the municipal
infrastructure deficit;
AND FURTHER, that the Prime Minister of Canada, the Premier of
Ontario, John Maloney, M.P., P. Kormos M.P.P. and FCM be so
advised and this resolution be distributed through AMO to all
municipalities in Ontario for support.”
Resolution #C-038-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the City of Port Colborne with respect to the Municipal
Infrastructure Deficit be endorsed.
“CARRIED”
Council Meeting Minutes - 20 - January 28, 2008
D - 9 Carolyn Downs, City Clerk, City of Kingston, advising Council that on
January 8, 2008, the City of Kingston passed the following resolution
pertaining to recognition of Sir John A. Macdonald Day:
“WHEREAS January 11th is the recognized Birthday of Sir John A.
Macdonald; and,
WHEREAS Sir John A. Macdonald was a City Councillor, Father of
Confederation, Canada’s 1st Prime Minister and a key builder of our
nation Canada; and,
WHEREAS Sir John A. Macdonald’s roots in Kingston go far and
deep and given that Kingston is where the dream of Confederation
was born; and
WHEREAS Kingston is the final resting place of Sir John A.
Macdonald; and,
THEREFORE BE IT RESOLVED THAT from this day forward,
January 11th be recognized as Sir John A. Macdonald Day in the City
of Kingston, with appropriate celebrations to that effect; and,
BE IT FURTHER RESOLVED THAT this proclamation be sent to all
Ontario municipalities with a population over 50,000 encouraging
them to declare likewise, and further that this notice be sent to the
Honourable Peter Milliken, MP for Kingston and the Islands, the
Honourable John Gerretsen, MPP for Kingston and the Islands, and
the Heritage Minister and encourage the Federal Government to
proclaim this as a National Holiday.”
Resolution #C-039-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the resolution from the City of Kingston with respect to recognition of Sir
John A. Macdonald Day be endorsed.
“MOTION LOST”
Resolution #C-040-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D - 9 be received for information.
“CARRIED”
Council Meeting Minutes - 21 - January 28, 2008
Resolution #C-041-08
Moved by Councillor Woo, seconded by Councillor Novak
THAT the order of the agenda be altered to allow for consideration of Staff
Report #2 - Report PSD-011-08 at this time.
“CARRIED”
STAFF REPORT(S)
Resolution #C-042-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT $16,500 for the Living Green Committee be identified in the Planning Services
‘Committee’ Budget for the Clarington Green Challenge.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report January 18, 2008
Resolution #C-043-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of January 18,
2008, be approved, with the exception of Items #2 and #3.
“CARRIED”
Item #3
Resolution #C-044-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report FND-001-08 be received;
Council Meeting Minutes - 22 - January 28, 2008
THAT the base 2008 Operating and Capital Budgets as outlined in Schedule “A” to Report
FND-001-08, at an estimated tax levy impact of 2.91% (exclusive of tax policy impacts), be
approved, with the following amendments:
a) THAT the Insurance Account be reduced to $50,000 from $100,000
b) THAT the Newcastle Aquatic Facility Account be reduced by $250,000
c) THAT the Veridian Dividends Account be increased by $27,200
d) THAT the operation of Total Hockey cease as of March 1, 2008, recognizing an
overall budget savings of $45,000
THAT the Tax Levy Support to Capital ($314,597) be approved;
THAT the Health and Safety Ergonomics/Documentation Account be approved in the
amount of $10,000;
THAT the PSAB Report Account be approved in the amount of $20,000;
THAT the Abandoned Cemetery Board Account be increased by $7,000;
THAT the Sidewalk Maintenance (Not Salary) Account be increased by $19,000;
THAT the Catch Basin/Storm Sewer Professional Fees Account be increased by $35,000;
THAT the Pavement Marking Account be increased by $10,000;
THAT the Rural Roads Surface Treatment Account be increased by $100,000;
THAT the Dust Control Account be increased by $17,000;
THAT the Sanding/Salting/Winter Maintenance (Not Salary) Account be increased by
$20,000;
th
THAT the Bowmanville 150/Holiday Train Account be approved in the amount of
$10,000;
THAT the following positions be approved:
a) Two Labourers (Operations Department)
b) Mechanic Apprentice (Operations Department)
c) Senior Planner (Planning Department)
d) Part-Time Parking Enforcement Officer (Municipal Clerk’s Department)
e) Part-Time Clerk 1 – Animal Services (Municipal Clerk’s Department)
THAT Schedules “C”, “D” and “E”, attached to Report FND-001-08, outlining Reserve and
Reserve Fund Contributions be approved;
Council Meeting Minutes - 23 - January 28, 2008
THAT approximately $1,000,000 be drawn from the Rate Stabilization Reserve Fund to
offset the tax rate impact;
THAT the financing of capital projects, as outlined in the document attached to Report
FND-001-08 be approved;
THAT the capital forecast be received for information;
THAT the external agencies, referred to in Report FND-001-08 be advised of Council’s
decision regarding their grant request;
THAT the 2008 departmental business plans included in the document attached to Report
FND-001-08 be received for information;
THAT for 2008, the net proceeds from the Mayor’s Golf Tournament be directed to the
Memorial Hospital Foundation – Bowmanville, with the tournament to be continued to be
administered by municipal staff;
THAT titles and name changes be approved as identified in Report FND-001-08;
THAT as referred from the 2007 budget process, $53,000 be approved for funding for
physician recruitment to be drawn from the Economic Development Reserve Fund subject
to the approval for reserve fund contributions noted above;
THAT $10,500 for the Living Green Committee be identified in the Planning Services
“Committee” Budget, pending a report to Council on January 28, 2008; and
THAT the appropriate By-laws to levy the 2008 tax requirements for Municipal, Regional
and Education purposes be forwarded to Council for approval, once final tax policy
information is available.
“CARRIED AS AMENDED
LATER IN THE MEETING”
(SEE FOLLOWING AMENDING MOTION)
Resolution #C-045-08
Moved by Councillor Foster, seconded by Councillor Novak
THAT the foregoing Resolution #C-044-08 be amended by replacing the figure
‘$10,500’ with the figure ‘$16,500’ for the Living Green Committee identified in the
Planning Services ‘Committee’ Budget.
“CARRIED”
The foregoing Resolution #C-044-08 was then put to a vote and CARRIED AS
AMENDED.
Council Meeting Minutes - 24 - January 28, 2008
Item #2
Resolution #C-046-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report COD-001-08 be received for information;
THAT $20,000 be added to the Advertising Budget to allow for the publication of a
quarterly communiqué; and
THAT a status report on the publication be provided to the General Purpose and
Administration Committee in the fall of 2008.
“CARRIED”
Report #2 - General Purpose and Administration Committee Report January 21, 2008
Resolution #C-047-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of January 21,
2008, be approved, with the exception of Item #14.
“CARRIED”
Item #14
Resolution #C-048-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report FND-002-08 be referred back to Staff; and
th
THAT Staff report back at the February 4, 2008 GPA meeting on the following to
ensure openness, transparency and accountability:
?
Direction regarding item 2.11 of Report FND-002-08; and
?
Details regarding items 1.2, 1.3 and 1.4 of Report FND-002-08, particularly who
is going to pay what, when and how.
“CARRIED AS AMENDED
LATER IN THE MEETING”
(SEE FOLLOWING AMENDING MOTION)
Council Meeting Minutes - 25 - January 28, 2008
Resolution #C-049-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the foregoing Resolution #C-048-08 be amended by changing the date of
‘February 4, 2008’ to ‘February 25, 2008’.
“CARRIED”
The foregoing Resolution #C-048-08 was then put to a vote and CARRIED AS
AMENDED.
STAFF REPORT(S)
Report # 1 - Verbal Report of the Director of Community Services concerning Total
Hockey
J. Caruana, Director of Community Services provided a verbal report concerning Total
Hockey advising subsequent to receiving direction from the General Purpose and
Administration Committee, a staff team has been organized to review aspects
involved to dismantle the attraction. Mr. Caruana provided a brief overview of items
for review including the disbursal of assets - the collection, equipment, and retail
component, the need for review of sponsorship agreements, dismantling of the Total
Hockey website, signage on Highway 401, and replacement of the marquee board.
He also stated it would be necessary to determine what should be done with the
space either by leasing to private sector tenants with compatible uses or allocating
space for departmental use. Mr. Caruana confirmed there are two staffing positions
associated with Total Hockey and that one staff member will be transferred to the
Newcastle Recreation Centre and the other position is a contract position which
expires in August. Mr. Caruana stated a review of costs associated with the closing
will be undertaken and noted that advertising will form part of the process. He
anticipates a report for Council’s consideration will be available by mid to late March.
Resolution #C-050-08
Moved by Councillor Robinson, seconded by Councillor Trim
WHEREAS Council, through the 2008 budget process, has given direction to close
Total Hockey as of March 1, 2008;
AND WHEREAS there are individuals and families in Clarington that have not taken
the opportunity to visit Total Hockey;
AND WHEREAS Council finds it desirable to provide an opportunity to all residents to
visit Total Hockey prior to closing its doors;
Council Meeting Minutes - 26 - January 28, 2008
NOW THEREFORE BE IT RESOLVED THAT staff be directed to provide free
admission to anyone visiting Total Hockey commencing January 29, 2008 until its final
day of operation on Friday, February 29, 2008.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
There was no Business Arising from Notice of Motion considered under this section of
the Agenda.
UNFINISHED BUSINESS
Resolution #C-051-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the delegation of Jeremy Woodcock be received with gratitude; and
THAT the information provided by Jeremy Woodcock be forwarded to the Region of
Durham.
“CARRIED”
BY-LAWS
Resolution #C-052-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-010 to 2008-22, inclusive; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
2008-010 Being a By-law toamend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington (Shell
Canada Limited)
2008-011 Being a By-law toexempt certain portions of Registered Plans
40M-2214 and 40M-2240 from Part Lot Control
2008-012 Being a By-law toauthorize a Municipal Access Agreement with
Rogers Cable Communications Inc.
Rep
Council Meeting Minutes - 27 - January 28, 2008
2008-013 Being a By-law to authorize a Municipal Access Agreement with
Bell Canada
2008-014 Being a By-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington
2008-015 Being a By-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2008-016 Being a By-law toestablish certain lands as public highways,
assume them for public use and name them
2008-017 Being a By-law to authorize the execution of a Lease Extension
Agreement between the Corporation of the Municipality of
Clarington and the Theatre Dance Academy in respect of a lease
for space located in the Courtice Community Complex, Courtice,
Ontario
2008-018 Being a By-law to authorize the Lease Agreement Renewal
between the Corporation of the Municipality of Clarington and
CLOCA (Central Lake Ontario Conservation Authority) for the use
of the Hampton Valley Lands
2008-019 Being a By-law to authorize the Mayor and Clerk to execute an
agreement between the Municipality of Clarington and the
Canadian Union of Public Employees, Local 74 (Inside and
Outside )
2008-020 Being a By-law respecting the annual remuneration and travel
allowances paid to the Mayor and Members of Council for the term
2008 - 2011
2008-021 Being a By-law to amend By-law 2004-253 to provide for
Civil Marriage Services to be Offered by the Municipality of
Clarington
2008-022 Being a By-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington and the
Clarington Board of Trade to continue the economic development
functions on behalf of the Municipality
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
Council Meeting Minutes - 28 - January 28, 2008
OTHER INFORMATION
Resolution #C-053-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Jennifer Stone, Metroland Durham Region Media Group, be recognized for
achieving Honourable Mention for editorial excellence -Annual Suburban Newspapers
of America Awards.
“CARRIED”
Councillor Robinson questioned the status of the tax increase. The Director of
Finance/Treasurer confirmed a 4.44% budget increase.
Resolution #C-054-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Rules of Procedure be suspended to allow for a motion to reconsider
Resolution #C-017-08 passed on January 14, 2008.
“CARRIED”
Resolution #C-055-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Resolution #C-017-08 be reconsidered at this time.
“CARRIED”
Resolution #C-056-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the issue of the exemption from the Municipality’s sign by-law be referred back
to staff to allow Robert Hann, President, Valiant Property Management, to address
Council regarding the pylon sign at the West Bowmanville Shopping Centre; and
THAT the memorandum from the Director of Planning Services be re-circulated to
Council for information.
“CARRIED”
Councillor Trim requested that a letter of appreciation and congratulations be sent to
David Smith acknowledging his contribution to the community and youth through his
work with the Firehall Youth Centre.
Council Meeting Minutes
- 29-
January 28, 2008
CONFIRMING BY-LAW
Resolution #C-057-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-023, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 28th day of January, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-058-08
Moved by Councillor Robinson, seconded by Trim
THAT the meeting adjourn at 9:18 p.m.
"CARRIED"