HomeMy WebLinkAbout02/11/2008
Council Meeting Minutes
FEBRUARY 11, 2008
Minutes of a regular meeting of Council held on February 11, 2008, at 7:00 p.m., in
the Council Chambers, and reconvened at 5:00 p.m. on February 13, 2008.
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, re-attended at 5:08 p.m. on
February 13, 2008
Also Present: Chief Administrative Officer, F. Wu
Internal Auditor, L. Barta, attended at 5:00 p.m., February 13, 2008
Deputy Fire Chief, M. Berney, attended until 11:06 p.m.,
February 11, 2008
Administrative Assistant to the Director of Engineering Services,
J. Bilenduke, attended until 9:15 p.m., February 11, 2008
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana, attended until
11:06 p.m., February 11, 2008
Director of Planning Services, D. Crome
Manager of Parks, B. Genosko, attended at 6:45 p.m.,
February 13, 2008
Deputy Fire Chief, B. Hesson, attended at 5:00 p.m., February 13, 2008
Director of Operations, F. Horvath, attended until 6:45 p.m.,
February 13, 2008
Manager of Special Projects, F. Langmaid, attended until 7:20 p.m.,
February 13, 2008
Director of Corporate Services, M. Marano, attended until 11:06 p.m.,
February 11, 2008
Recreation Services Manager, S. Meredith, attended at 5:00 p.m.,
February 13, 2008
Manager of Community Planning and Design, C. Salazar, attended
until 8:30 p.m., February 11, 2008
Corporate Safety and Project Manager, B. Taylor, attended at
5:00 p.m., February 13, 2008
Director of Finance/Treasurer, N. Taylor, attended until 11:06 p.m.,
February 11, 2008
Council Meeting Minutes - 2 - February 11, 2008
Manager of IT Services, R. Van Dyk, attended until 8:50 p.m.
February 11, 2008
Administrative Assistant to the Clerk, C. Fleming, attended until 11:10 p.m.
February 13, 2008
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated he would be stating a pecuniary interest with respect to
Item 1(c) of Report #1.
Later in the meeting, Councillor Novak stated a declaration of pecuniary interest with
respect to the delegation of Dave Renaud.
ANNOUNCEMENTS
Councillor Novak announced changes to the Aspen Springs, Liberty North and
Townline Road transit routes.
Councillor Hooper extended condolences to the family of Norman Hannan, Member of
the Clarington Accessibility Advisory Committee who passed away on the weekend.
Councillor Hooper extended congratulations to Jim Richards on receiving the Ontario
Medal for Good Citizenship in recognition of his devotion to educating the public and
the government on the importance of our natural environment. Councillor Robinson
added that Mr. Richards is one of only 13 Ontarians to receive this prestigious award
and requested that Mr. Richards be publicly recognized at the next televised meeting
of Council.
Councillor Woo announced the Association of Hospital Volunteers – Bowmanville will
be hosting a Spaghetti Dinner and Auction on Saturday, February 16, 2008 at Trinity
United Church in Bowmanville, Tickets are $25 and all proceeds support the hospital.
Councillor Woo announced the Mayor’s First Annual Polar Chili Golf Classic will be
held at the Bowmanville High School on Saturday, February 16, 2008, with proceeds
in support of the Clarington Project. Mayor Abernethy added tickets are $35 and local
restaurants will be participating in the chilli cook-off after the tournament.
Councillor Woo advised on Saturday, February 9, 2008, the Brampton Thunder
Women’s Hockey Team beat the Mississauga Chiefs captained by Bowmanville’s
Summer West. The game was held in conjunction with Hockey Day in Clarington.
Mayor Abernethy invited Members of Council who travelled to Burnaby, British
Columbia to tour the Energy-From-Waste facility to provide a short synopsis of their
findings.
Council Meeting Minutes - 3 - February 11, 2008
Councillor Foster thanked the Region of Durham for organizing the recent trip to
Burnaby, B.C. to view their Energy-From-Waste facility. He stated that although the
facility was well-run and the western politicians believe they are doing the right thing,
his thoughts and concerns remain the same regarding incineration.
Councillor Novak provided a brief overview of the EFW Facility in Burnaby noting it is
located in a heavily commercial/industrialized area along the Fraser River. She stated
the facility, which is ISO 140001 Certified, has undergone a $7 million upgrade and
processes 280,000 tonnes of garbage. Councillor Novak noted the refuse bunker is
self-contained, the emissions are regulated and monitored and monthly reports are
submitted to the Ministry of the Environment. Councillor Novak stated there has been
no measurable impact resulting from the facility and in 14 years, they have not
received a serious complaint. She stated however, that Controller education and
training were key and that politicians are contemplating three new facilities because of
the economic benefits. In summary, she felt the information was useful and the trip
was worthwhile.
Councillor Trim stated the Burnaby facility opened in 1988 and for the first two years
of operation they had a Community Advisory Committee that has been subsequently
disbanded as they felt it was no longer necessary. He advised both the inside and
outside of the facility are clean and there was no smell. Councillor Trim stated the
facility operates on a 24/7 basis with 80 trucks per day in 24 hour period. He noted
bottom ash is 17% of the total waste and at the end of the bottom ash they do recover
some metal material which they sell to a company that produces reinforced steel. He
also noted that fly ash comprising 3 to 4% goes back into the municipal solid waste
stream once it is treated. Councillor Trim advised the nearest landfill is a 370
kilometre round-trip from Vancouver and that garbage from aircraft using the
Vancouver International Airport, cruise ships, ocean freighters, hospital and police
refuse is incinerated at this facility.
Mayor Abernethy stated waste disposal is not unique to this area and that Vancouver
faces the same challenges as we do. Mayor Abernethy quoted B.C. local newspaper
articles from the Surrey Leader – “Metro Vancouver Dumps Interior Landfill” and the
Ash-Cache Journal “Incinerators Key to Waste Strategy”.
Resolution #C-059-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the order of the agenda be altered to allow for consideration of Delegations (a),
(b), (c), (d) and (z) and Committee Report #1 following the Public Hearing.
“CARRIED”
Council Meeting Minutes - 4 - February 11, 2008
MINUTES
Resolution #C-060-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on January 28, 2008, be
approved.
“CARRIED”
PUBLIC HEARING
Ari Rotman – Request for Review of Kennel Licence Requirements -
Report CLD-007-08 (Staff Report # 1)
Mayor Abernethy outlined the purpose and format of the public hearing.
Ari Rotman, Owner, Dog Days Camp, addressed Council to appeal the requirements
of By-law 2006-228 concerning floor drainage and to correct information contained in
Clerk’s Report CLD-007-08. In response to statements contained in the staff report,
Mr. Rotman confirmed that an all purpose cleaner and bleach are used to sanitize all
floor surfaces, the radiant floor hearing system is comprised of a series of plastic
tubes imbedded in the concrete floor which provide comfort to the animals, the stalls
are larger than most kennels and all dogs boarded are taken outside three times per
day reducing the potential for dogs to urinate or defecate in the stalls. He noted
however, that if accidents occur, the stalls are large enough that the dog does not
have to lie in the excrement. Mr. Rotman submitted photographs of the kennel
showing the floor and rows of stalls. Mr. Rotman stated that during the inspection of
his kennel, he was not told of any potential problems or deficiencies pertaining to the
floor or drainage and by the time he was notified of the problem, the work had been
completed. Mr. Rotman submitted invoices dated January 8, 2007 and March 31,
2007 for the tiling work. Mr. Rotman stated he signed an agreement with the
Municipality during the development of the kennel and that no part of the agreement
mentions the requirement for drains or a septic system. Mr. Rotman summarized by
stating he provides a safe and sanitary environment for dogs boarded at his kennel,
that he followed all the rules and guidelines set forth by the Municipality when
developing the facility and that he feels he is being singled-out as other kennels have
not received orders to install drains. In light of the evidence submitted, Mr. Rotman
feels that he should not have to undergo a costly and unnecessary alteration of his
kennel facility.
In response to questions, Mr. Rotman stated he did not take part in the review of the
Kennel Licensing By-law due to personal time constraints, that his kennel has
procedures in place designed to prevent the spread of disease and cross-
contamination, that he did not contact the Municipality prior to installing the tile as it
was an issue of aesthetics and it would be cost prohibitive to make any changes to the
flooring regardless of whether an extension to comply was approved.
Council Meeting Minutes - 5 - February 11, 2008
DELEGATIONS
Colleen Konoby addressed Council concerning Item 2 of Report # 1 - Application to
Amend the Clarington Zoning By-law and proposed Draft Plan of Subdivision
submitted by William Tonno Construction Limited and Kingsberry Properties stating in
2002, she petitioned the neighbourhood concerning the development proposal noting
all but one of the residents she contacted were against the development.
Ms. Konoby stated her main concern is the destruction of the woodlands, stream and
the accompanying ecosystems. She is also opposed to the construction of the public
school as she feels it will devalue her property and potentially increase crime in the
neighbourhood. She also stated that some homeowners paid a premium for lots
backing onto the woodland and that the construction of townhouses will negatively
affect property values. Ms. Konoby also expressed concern that children will walk on
lawns where there are no sidewalks, causing property damage.
In response to a question regarding whether purchasers had discussed with the
developer the designation of the property as future residential, Ms. Konoby stated
some purchasers were first time homeowners and may not have checked into this.
Beth Kelly, Development Manager, Valiant Property Management, addressed Council
concerning Item 1 of Unfinished Business – Request for Exemption to the
Municipality’s Sign By-law for the West Bowmanville Shopping Centre. Ms. Kelly
stated the proposed sign will be located to the west of the building currently under
construction and to the east of a future building. She requested Council to reconsider
their request for a larger pylon sign noting Home Depot is entitled to 50% of the sign
face which does not allow much room for the remaining tenants of the development.
Ms. Kelly stated by permitting the larger façade, smaller tenants will be able to
advertise their stores and not use A-signs. Ms. Kelly provided a comparison of sites
advising the Townline Centre is 7 acres and a 13.2 square metre sign was permitted
noting the West Bowmanville Shopping Centre site is 19 acres. Ms. Kelly stated her
Company is dealing with a national tenant and one of the major issues is the pylon
sign and there is a chance they could lose the tenant if this is not approved. Ms. Kelly
circulated photographs of competitors’ signage in Oshawa and Whitby. She urged
Council to approve their request for a 13.2 sq.m. total sign area for the West
Bowmanville Shopping Centre.
In response to questions, Ms. Kelly stated that although they are permitted a sign on
Green Road, their staff feel it is not a good location for a sign. She confirmed that
when dealing with national tenants, signage is a major part of the agreement as they
have already designed what they want on the pylon signs. Ms. Kelly agreed that
visibility is key and that a larger sign eliminates the need for a cluster of smaller signs.
Ms. Kelly could not guarantee in perpetuity that a sign would not be placed on Green
Road in the future.
Council Meeting Minutes - 6 - February 11, 2008
Helen Bajorek-MacDonald and Elva Reid, Members of the Clarington Green
Community Advisory Committee addressed Council presenting a brief video on “Earth
Hour”, a world-wide initiative designed to reduce global warming. The focus of “Earth
Hour” is to turn off all non-essential lighting for one hour on Saturday, March 29, 2008,
at 8:00 p.m. Ms. Bajorik-MacDonald stated small changes can make a difference in
our community and around the world. She encouraged Members of Council and the
public to join in the cause against global warming by “going over to the dark side” by
thinking about the aesthetic benefits, going outside and looking at the stars and by
challenging each other to make a significant impact. Ms. Bajorik-MacDonald
requested Council to issue a challenge to other municipalities in Durham Region to
participate in “Earth Hour”.
Resolution #C-061-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the order of the agenda be altered to allow for consideration of Correspondence
Item D - 9 at this time.
“CARRIED”
D - 9 Amanda Hoffman requesting Council to consider participating in a
global movement called “Earth Hour”, an event to raise awareness on
climate change and global warming initiated in Sydney, Australia in
2007, where over 2.1 million people and businesses turned out the
lights for one hour on March 31, 2007, to reduce their energy
consumption. Further information on Earth Hour 2008, set for
8:00 p.m., March 29, 2008, can be obtained at www.earthhour.org.
Resolution #C-062-08
Moved by Councillor Novak, seconded by Councillor Robinson
WHEREAS climate change and energy consumption are two of the biggest
environmental threats to our planet;
WHEREAS participating in Earth Hour is about creating and demonstrating
leadership for making a difference towards climate change and energy
conservation by switching out lights for one hour on the 29 March 2008;
WHEREAS participation in Earth Hour is a symbolic gesture that recognizes the
threat of climate change, recognizes that it is a global problem, recognizes that
individuals can help to mitigate the problem, and that collectively we can make a
difference;
Council Meeting Minutes - 7 - February 11, 2008
WHEREAS participating in Earth Hour would demonstrate the Municipality’s
commitment to reducing greenhouse gas emissions and energy consumption
and highlight how small conservation efforts can add up to substantial energy
savings and reductions in greenhouse gas emissions;
WHEREAS Earth Hour provides Clarington with the occasion to build a positive
image and demonstrate environmental leadership; and
WHEREAS, the Clarington Green Community Advisory Committee considers
Earth Hour an important initiative to raise community awareness about climate
change and energy conservation:
THEREFORE BE IT RESOLVED by the Council of the Municipality of
Clarington:
1. THAT at 8:00 pm on March 29, 2008, the Municipality of Clarington will
join other cities around the world in literally “turning out the lights” by
shutting off all non-essential lighting in all of its buildings, where feasible,
and without jeopardizing safety, for one full hour;
2. THAT the Municipality of Clarington’s participation in Earth Hour be
widely promoted in order to raise awareness about this important issue
and in order to encourage every individual, household and business in
Clarington, and beyond, to join in by turning off their lights for one hour at
8:00 pm on March 29, 2008;
3. THAT the Green Community Advisory Committee work with the
Municipality to promote this event; and
4. THAT the Municipality of Clarington issue a challenge to all other
municipalities in Durham Region to participate in Earth Hour.
“CARRIED”
Terry Graham, Member, Newcastle Lions Club, addressed Council concerning
Correspondence Item 12 providing information on the “No Child Without” partnership
between Lions International and Medic Alert to provide free medic alert bracelets to
elementary school children. Mr. Graham stated children with medical conditions are
most vulnerable and face risks every time they leave their homes. He noted this
program provides assurances that vital medical information is readily available should
an emergency situation arise. Mr. Graham stated the program is supported by
donations and a commitment of $2 million from the Federal Government. Mr. Graham
advised the official program launch will take place at St. Francis of Assisi School on
February 14, 2008.
Council Meeting Minutes - 8 - February 11, 2008
Kim Bulloch addressed Council concerning Item 6 of Report #1 – Courtice Skate Park
Naming. Ms. Bulloch advised she is Robert Pionteck’s mother and thanked Council
for the tribute. Ms. Bulloch outlined reasons why the park should be named in Rob’s
honour and focused on how Rob exemplified the criteria to name this park. She noted
that at a very early age Rob dreamed of becoming a professional skateboarder and
how she was able to watch him turn his dreams into a reality as a professional skater
with Addidas Canada. Ms. Bulloch highlighted Rob’s commitment to the sport, his
mentoring of younger enthusiasts and his modest nature. Ms. Bulloch stated it would
be fitting to name the park after a him as a huge contributor and by doing so it would
serve as a reminder to others that with hard work and dedication they too can make
their dreams a reality.
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report February 4, 2008
Mayor Abernethy stated a pecuniary interest with respect to Item 1 (c) of Report #1 as
it relates to the 2006 Municipal Elections. Mayor Abernethy vacated his chair and
refrained from discussion and voting on this matter.
Councillor Novak chaired this portion of the meeting.
Resolution #C-063-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the General Purpose and Administration Committee Report of February 4,
2008, be approved.
“CARRIED”
Mayor Abernethy resumed the Chair.
Resolution #C-064-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Council recess for eight minutes.
“CARRIED”
The meeting resumed at 8:58 p.m.
Council Meeting Minutes - 9 - February 11, 2008
PRESENTATIONS
John Stoner, Chair, Samuel Wilmot Nature Area Advisory Committee addressed
Council to provide an update on the Committee’s 2008 Initiatives. Mr. Stoner
indicated one of the major initiatives was the development of the PowerPoint slide
show being presented to Council this evening which was prepared in conjunction with
Peter Windolf and Jennifer O’Donnell of the Engineering Services Department.
Mr. Stoner provided background information on the inception of the nature area which
consists of 77 hectares of land located between the CN Railway and Lake Ontario,
Toronto Street to the east and Cobbledick Road to the west. Mr. Stoner highlighted
the significance of the nature area in providing a wide range of landscape types for
visual interest, providing a habitat for a wide range of birds and wildlife, providing
recreational opportunities for fishing, bird watching and walking and fostering
education through use of signage and development of educational programs.
Mr. Stoner reviewed the Nature Area Concept Plan comprised of a series of zones
based on the site’s natural environmental areas and reviewed the recommended
action for each zone. Mr. Stoner also reviewed the Goals and Objectives to promote
Regional ecosystem objectives, to protect and enhance the ecological integrity of the
existing natural areas, to provide opportunities for public use of the site, to establish a
management framework and to promote public stewardship and highlighted what has
been accomplished and future projects. In summary, Mr. Stoner encouraged the
community to become involved by volunteering, promoting environmentally-friendly
behaviour and encouraging responsible use of the Nature Area.
Prior to hearing from invited presenters, Mayor Abernethy explained that this is the
first in a series of presentations regarding Exploring our Waste Solutions, discussing
incineration, landfill and zero waste and that tonight’s presenters would focus on
Energy-From-Waste.
Magnus Schönning, First Secretary, Embassy of Sweden, addressed Council
presenting a PowerPoint slide show entitled “Sustainable Waste Management in
Sweden”. Mr. Schönning provided a comparison of waste between Sweden and
Ontario including waste collected, percentages of hazardous waste, landfill,
composting, recycling and recovery and incineration; and a summary of air pollutants
and climate issues between Sweden and Canada. Mr. Schönning highlighted the
Swedish ambitions and goals to reduce the total generation of all waste, to utilize
materials/energy from waste as efficiently as possible, to reduce to a minimum the
waste going to landfills and to minimize the environmental impact of waste.
Mr. Schönning reviewed the waste hierarchy to reduce, reuse, recycle, recover and
landfill and provided an in-depth review of each component. Mr. Schönning
responded to concerns regarding energy-from-waste advising that dioxin emissions
from spontaneous non-controlled landfill fires are much higher than from controlled
combustion; and when reviewing health aspects of incineration, it is important that
research be recent and that comparisons be relevant. Mr. Schönning highlighted
specific details regarding waste incineration in Jonkoping, Sweden, the CO2 benefits
of incineration, district heating in Sweden and financial costs of incineration. In
conclusion, Mr. Schönning stated that incineration will not lead to an increase of
Council Meeting Minutes - 10 - February 11, 2008
harmful emissions; that health effects will be negligible; that CO2 emissions will
decrease as a result of the replacement of fossil fuels and reduction of methane gas
from landfills; and that good recycling is a precondition of efficient incineration. He
further stated that although the cost is high, return on investment should be reached
within 5 to 10 years and that by building congeneration plants and creating district
energy networks the energy will be utilized as efficiently as possible.
In response to questions, Mr. Schönning indicated he was invited here this evening as
representatives of the Swedish Embassy have been showing Canadians that there
are alternative ways to deal with the environment and sustainability. He confirmed
that when asked to speak about waste management, it is their duty to respond with
accurate and factual information based on their experience. Mr. Schönning stated he
promotes sustainable waste management and is not a promoter of one technology.
Resolution #C-065-08
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow for the meeting to continue
beyond the 11:00 p.m. curfew, in order to complete the Agenda.
“MOTION LOST”
Resolution #C-066-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the meeting recess and reconvene at 5:00 p.m. on Wednesday,
February 13, 2008.
“CARRIED”
The meeting recessed at 11:06 p.m., Monday, February 11, 2008, and reconvened at
5:00 p.m. on Wednesday, February 13, 2008.
Jayne Pilot and Clive Ford, Co-Chairs, Algonquin Power Energy From Waste Facility
Public Liaison Committee were called but were not present.
Council Meeting Minutes - 11 - February 11, 2008
Edward E. Goertzen, Member, Durham Region Waste Management Advisory
Committee, addressed Council regarding the Region of Durham’s Long Term Waste
Management Plan. Mr. Goertzen stated the Committee, formed in 1997, was
comprised of 15 members of the general public and 15 members of staff who met
regularly for two years to review various options for disposal of residual waste.
Mr. Goertzen confirmed that cost and impact to health and the environment were
considered during the review and that the Committee consensus was that incineration
was the most viable option. Mr. Goertzen stated recently some members of the
Advisory Committee met to reflect on the path the Region has taken since that time
and have concluded that the Region has followed the plan and that recycling, yard
waste and composting are all meeting and/or exceeding the interim targets.
Mr. Goertzen stated that ideally he favours a zero waste option but feels the level of
citizen support currently does not make it practical. He feels that to meet the goal of
zero waste there needs to be a plan with interim steps and targets. Mr. Goertzen
outlined a step-by-step process to achieve zero waste by having politicians “get on
board”, by redesignating apartments and condos as commercial buildings thereby
eliminating the municipality’s responsibility for their waste disposal, by reducing the
amount of waste to be picked up to one bag per month, and by returning unnecessary
packaging to the supplier.
Ed Goertzen advised, in response to concerns regarding air quality, that air pollution
from diesel trucks transporting garbage daily will far exceed that from an incinerator
monitored and using the most modern technology. In summary, Mr. Goertzen stated
in order to achieve zero waste the public simply has to challenge itself to prove that
the incinerator is not needed.
In response to questions, Mr. Goertzen stated population projections were reviewed
during the course of the study and that Durham could accept garbage from York in the
interim as there needs to be a consistent waste stream to keep it going but that he
feels York will eventually construct their own facility. In response to further questions,
Mr. Goertzen confirmed that the Advisory Committee started with a blank slate and
that they had no input into the banning of landfill or had any input from any interest or
lobby groups. He further stated that he did not see any problem with the current
technology and that it may be improved in the future and that the Environmental study
will determine the best option.
Steve Plaice, Jacques Whitford Limited, addressed Council concerning the Durham
Region Energy-From-Waste Environmental Process. Through use of a PowerPoint
presentation, Mr. Plaice provided an overview of the EA process in Ontario, the
process for the Durham/York Energy-From-Waste Residual Study, the work
completed to date, and what needs to be done to bring the study to fruition.
Mr. Plaice confirmed that there will always be a residual that requires landfill based on
the technology available today and that once the preferred approach is chosen,
various methods to process the waste will be considered. In moving forward, the work
now becomes more site specific to confirm that the assumptions used were correct.
Mr. Plaice stated initiation into a site specific risk assessment has started and that a
business case is scheduled to be completed in mid- 2008 in response to questions of
Council Meeting Minutes - 12 - February 11, 2008
safety and cost. He further advised a review of disposal of bottom ash will be
conducted as part of the site specific studies. Mr. Plaice stated that all work
completed to date indicates that a facility can be operated on the Clarington 01 site
and that key questions can only be answered by proceeding with the site specific
studies.
In response to a question concerning what would be required before the operation of
the facility could be deemed unsafe, Mr. Plaice stated if the studies concluded that the
criteria could not be achieved, for example if the projected emissions coming from the
facility were too much of a burden on the air quality, it would cause the Region to
question to move forward as they would not be able to get a Certificate of Approval.
In response to further questioning concerning the order in which steps of the process
have been undertaken, Mr. Plaice confirmed that the Ministry the Environment has
indicated that the adjustment to the process was minor in nature. He further
confirmed that any questions received in writing or as part of a public information
session must be addressed as part of the EA process.
DELEGATIONS
Resolution #C-067-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to allow Kim Smegal, Pat Gostlin and
Bruce Wood to address Council.
“CARRIED”
Jeremy Woodcock addressed Council concerning Exploring Our Waste Solutions
stating he feels that the building of an incinerator would be a step backwards when
currently there have not been any human studies conducted on local industries. He
expressed concern that the entire process appears to be focusing on Sweden and that
the public is not aware of the facilities that are being closed in the United States and
that only the positives about new technology are being conveyed to the public.
Mr. Woodcock questioned the cost to human health and what repair costs would be to
address a breakdown in technology noting lead levels exceeded Ontario limits for
eleven months at the Whitby Steel Plant where he is employed. Mr. Woodcock feels
that these issues need to be dealt with before bringing in more industries.
Wendy Bracken addressed Council concerning the Durham/York Residual Waste
Study expressing concern that Mayor Abernethy did not support the official position of
Clarington’s Municipal Council at the Regional Council meeting of January 23, 2008,
and voted to endorse the Clarington 01 site in opposition to Council’s resolution to
delay the final selection of the preferred site. Ms. Bracken believes that Mayor
Abernethy has contravened Council’s Procedural By-law and requested an apology
from the Mayor for this breach and requested that from this point forward the official
position of Clarington Council be upheld.
Council Meeting Minutes - 13 - February 11, 2008
In response to a question, Wendy Bracken stated the idea to have experts brought in
is good, however, she did not feel a Council meeting was the proper forum and
preferred that a Public Information Session be held.
Kristin Robinson addressed Council concerning Energy-From-Waste to voice her
concerns regarding the presentations to Council this evening as she feels there was
insufficient time to advise the public and that this is not the proper venue as the public
is not able to ask questions of the presenters directly. Ms. Robinson advised she has
requested Mayor Abernethy to clarify his position on why he voted to endorse the
Clarington 01 site at the Regional Council meeting of January 23, 2008, but has not
received a reply. Ms. Robinson also stated she felt the presentation by the Peel
Liaison Group to the Joint Waste Management Group was very misleading and has
requested clarification of statements made by the presenters. Ms. Robinson stated
she has visited the Peel site and was dismayed to learn that no sorting of garbage
occurs before the residual waste is dumped into the incinerator, and that although the
Peel facility operates under the Ministry of the Environment guidelines only three
toxins are monitored and that testing is only conducted once per year.
In response to questions, Ms. Robinson stated that according to the Ministry’s
website, the Peel facility had non-compliance issues twice in 2005, and that 2 ½
months’ notice is provided prior to emissions testing. Ms. Robinson stated she feels it
would be less expensive to set up recycling facilities than to build an incinerator.
Resolution #C-068-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 7:33 p.m.
Resolution #C-069-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow Cathrine McKeever to address
Council.
“CARRIED”
Council Meeting Minutes - 14 - February 11, 2008
Kevin LeGrand addressed Council concerning Exploring our Waste Solutions.
Through use of a PowerPoint slide show Mr. LeGrand highlighted the Waste to
Energy process, engineered landfill and outlined LEED (Leadership in Energy and
Environmental Design). Mr. LeGrand stated incineration is the opposite of
sustainability, converts only a fraction of the energy expended to produce electricity
and although the primary object is to reduce weight and volume it still requires the ash
to be landfilled. Mr. LeGrand stated cogeneration is critical to success and that unless
a district heating system is in place, such a facility is not a good option. Mr. LeGrand
circulated an article from the Construction Comment, October 2007, highlighting the
Springhill Landfill, which noted the bulk of the waste handled at the site is from the
construction and demolition industry and that there is not much that goes through the
site that isn’t re-purposed in some way.
Mr. LeGrand responded to questions concerning LEED Certification.
Nadia McLean-Gagnon addressed Council concerning Energy-From-Waste stating
she does not believe that burning waste is the answer and feels that many people
have convinced themselves that this is a logical and sustainable waste strategy. Ms.
McLean-Gagnon advised, as a teacher, she has been working hard to educate her
students and feels it is time for everyone to be involved including other levels of
government, schools, business and industry to attain a sustainable solution. Ms.
McLean-Gagon stated her biggest concern is for the health of her students and
children as they will become the innocent victims of incineration. She urged Council
to consider the future of the children when making decisions.
In response to a question, Ms. McLean-Gagnon confirmed she would like to see a
public information session held with experts for both sides in attendance.
Wayne Ellis addressed Council on behalf of Louis Bertrand concerning Energy-From-
Waste expressing concern that the process lacks transparency, and that despite the
fact that Reports prepared by the project team contained significant flaws, the public is
told that the process must continue. He feels that to blindly follow the process is to
accept the empty reassurances of the incineration industry. He urged Mayor
Abernethy and Clarington’s Regional representatives to protect the interest of
Clarington’s health, economy and sustainability. Mr. Ellis stated the garbage crisis is
an artificially manufactured scare tactic as the Province is addressing the closing of
the Michigan border and the establishment of 30 new landfill sites in Ontario.
In response to a question, Mr. Ellis stated he has been advised by a senior staff
member of the Ministry of the Environment that the cities of Timmins, North Bay,
Sudbury, Thunder Bay and Espanola are five sites that can be publicly disclosed and
that locations in Southern Ontario are being reviewed.
Council Meeting Minutes - 15 - February 11, 2008
Paul André Larose addressed Council concerning Energy-From-Waste expressing
concern with the lack of vision at the decision-making level for the wellbeing of current
and future generations. Dr. Larose feels that deteriorating public and personal health,
ravages to local agriculture, significant tax increases and property value depreciation,
and regression of the country’s environmental commitments did not receive proper
attention. He feels that decision making is not being done in the best interest of the
population, that the process has been conducted in an insidious way and that the
public is losing faith in the democratic process. Dr. Larose urged Regional Councillors
to recognize the serious adverse consequences on health, the environment, property
values, and taxation of the proposed incinerator and act accordingly.
Kerry Meydam addressed Council concerning Energy-From-Waste stating she is
disappointed in the process as she feels Councillors are more interested in completing
it quickly than ensuring a thorough process is undertaken. She expressed concern
that sound suggestions have been ignored with the excuse that the process must
move along because the Michigan border is closing in 2010. Ms. Meydam feels
Regional Council has failed in not having a back-up plan or not considering
alternatives to incineration. She noted interested residents have provided alternatives
but feel no one is listening and that the public is told there are only two options. She
expressed concern that a Zero Waste Strategy was not included in the Alternatives To
Study. Ms. Meydam stated the Provincial Government is in favour of incineration and
she feels that the Ministry of the Environment will ensure that the guidelines comply.
Ms. Meydam questioned why new technology regarding landfill has not be
investigated.
Doug Anderson addressed Council concerning Energy-From-Waste stating he
currently recycles 80-85% and feels he could achieve 90% diversion if the Region
would add more programs. Mr. Anderson feels that if the municipality would adopt a
regulatory role, it could achieve whatever diversion rate it imposes. He feels that
increased diversion would have been the preferred option for the majority but that it
seems that it cannot be accomplished within the timeframe. Mr. Anderson stated he
has developed a proposal that is low tech and is achievable in a short time frame and
encouraged Members of Council to contact him for information. He feels that any new
incinerator will meet current standards, however they are nowhere near adequate.
Mr. Anderson stated the incinerator will have significant impacts on the community
and feels there will be continuous retrofits required throughout the life of the facility.
In response to questions, Mr. Anderson stated he feels that money is the best
incentive noting if the public had to pay for what goes into the garbage, there would be
less of it and an incinerator would not be needed to burn 5% of the garbage. He also
feels that more responsibility should be placed on the consumer and producer.
Council Meeting Minutes - 16 - February 11, 2008
Alexandra Bennett addressed Council concerning Energy-From-Waste expressing
concern that Sweden did not state that emissions are in microns and that at 2.5
microns they are only capturing 5 to 30% of toxins and that they did not address the
part they are playing in Project Nano. Ms. Bennett feels that any health assessment
that does not take into account eating local produce or fish is very misleading. She
also stated the greatest effect would be the death of infants noting Sweden has the
highest cancer rate in the world.
In response to questions concerning government standards, Ms. Bennett replied that
our standards are not high enough noting that there are increased childhood deaths
around every operating EU incinerator.
Elaine Gillies addressed Council concerning Exploring our Waste Solutions stating
she is in favour of holding a public forum. Ms. Gillies feels expanding on the three or
four R’s is the best way to go as there will be no encouragement to recycle with
incineration. Ms. Gillies stated if diversion can be increased to 70% it would leave the
same amount of residual as an incinerator. She further advised that her biggest
concern is with air quality as the most toxic molecules are formed when plastics are
burned. She noted the baseline measurements are higher for Courtice than East
Gwillimbury and that the Ministry of the Environment guidelines are not as strict as in
the European Union.
Shirley Crago addressed Council concerning Energy-From-Waste stating diversion is
the only acceptable way as it preserves the land, natural resources and health of the
citizens. Through use of a PowerPoint presentation, Ms. Crago outlined Markham’s
“Mission Green Recycling Guide” which is more inclusive than Durham’s program and
also highlighted the Region of York’s 2006 Waste Diversion Rates indicating
Markham’s 2006 waste diversion rate of 69%. Ms. Crago expressed concern that
66% of the people have not heard of the incinerator and that approximately 25 to 30
Regional Councillors will deny the population the right to clean, safe air and health.
Councillor Novak stated a pecuniary interest with the delegation of Dave Renaud as
General Motors of Canada was mentioned and she has a relationship with General
Motors. Councillor Novak vacated her chair and did not take part in discussion on the
matter.
Council Meeting Minutes - 17 - February 11, 2008
Dave Renaud, CAW Durham Region Environment Council, addressed Council
concerning Energy-From-Waste, advising 800 CAW delegates voted unanimously in
December 2007 to oppose the principle of waste incineration and that this resolution
would be forwarded to the CLC in May for debate. Mr. Renaud stated the
precautionary principle should be applied to the case for incineration. He advised the
prevention attitude requires the examination of the entire life cycle of products and
encourages producer responsibility. Mr. Renaud advised of forums hosted by the
CAW where the public were provided with the opportunity to ask questions of field
experts and stated it would be beneficial for the municipality, in partnership with the
Region, to host an impartial debate. Mr. Renaud advised there is the potential to
produce 2000 jobs in the area of research, stabilized landfill as well as potential for
partnerships with the UOIT and Durham College.
In response to questions, Mr. Renaud stated he believes incineration is the wrong way
to go, that extended producer responsibility is required and that efforts should start at
the municipal level.
Cecil MacKesey addressed Council concerning Energy-From-Waste stating Sweden
now feels recycling is a better solution to incineration. He expressed concern that the
delegate from the Swedish Embassy could not respond to questions regarding the
safety of incinerators. Mr. MacKesey stated incinerators cause cancer and release
toxins into the environment. He advised of the increased likelihood of developing
cancer when living in close proximity to an incinerator. Mr. MacKesey thanked
Clarington’s local Councillors for declaring Clarington an “Unwilling Host” Community
and cautioned the construction of an incinerator will leave a legacy of death.
In response to questions, Mr. MacKesey outlined his experience in occupational
health and safety and stated he has concerns with the EA process and what will be
needed before the facility will be deemed unsafe.
Sandra Lawrence addressed Council concerning Energy-From-Waste stating she is
not in favour of incineration as she feels even with modern technology here is always
a fear that something will go wrong. She questioned what would be done to protect
schools from contaminated air, what measures would be taken if a school had to be
locked down as a result of an accident, and what would become of Darlington Park’s
beautiful campground if an incinerator is located next to it. Ms. Lawrence feels that
the recent decision to reduce garbage by 30% is a start. She expressed concern that
garbage would have to be imported to keep the fire running and questioned who
would be responsible for clean-up should a truck carrying toxic ash be involved in an
accident. She urged Council to vote “NO” to incineration.
Edward Lawrence addressed Council concerning Energy-From-Waste expressing
concern that an incinerator will decrease air and water quality. He stated that
recycling is working and that if a 70% diversion can be reached it would not be
necessary to build a $250 million dollar facility to process 30% of the Region’s residual
garbage. Mr. Lawrence also feels that producers should be forced to use
environmentally-friendly packaging.
Council Meeting Minutes - 18 - February 11, 2008
John Muto addressed Council concerning Energy-From-Waste expressing concern
that his children will live in the shadow of the incinerator if it is built in the Courtice
location. Mr. Muto stated numerous studies have proven the link between increased
cancer, birth defects and heart disease as a result of toxic emissions. He questioned
the logic of not considering the effect of ultrafine particulate simply because there is
no current means to measure it and why politicians are not taking a precautionary
approach to incineration. Mr. Muto feels that Regional Councillors appear to have a
single purpose to adopt Energy-From-Waste as the only solution and are not giving
the same consideration to other alternatives.
Councillor Novak rose on a Point of Order regarding statements made by John Muto.
Mr. Muto was requested to retract disrespectful statements and declined to do so
thereby ending his delegation.
Bill Craig was called but was not present.
Renata Anderson advised prior to the meeting that she would not be speaking.
Steve Conway was called but was not present.
Jim Richards addressed Council concerning Energy-From-Waste stating he endorses
the idea of hosting an impartial debate on incineration. He questioned why
Clarington’s Regional representatives have not supported the official position of
Clarington Council at the Regional level and feels that Regional Councillors are
negligent in representing the wishes of the electorate. Mr. Richards feels that Mayor
Abernethy is in violation of By-law 2007-227 and stated that he will be filing an official
complaint to the Ombudsman.
Kim Smegal was called but was not present.
Pat Gostlin addressed Council concerning Energy-From-Waste on behalf of the
Durham Chapter of the Council of Canadians, a non partisan citizens' organization to
protect and promote Canadian sovereignty and democracy, stating the more she
learns about incineration the more she realizes it is both hazardous and wasteful.
Ms. Gostlin stated more energy can be saved by recycling paper, plastics and textiles
and that materials that are diverted can be re-used. She noted all Energy-From-
Waste facilities release toxic chemicals and nanoparticles and that Ministry of the
Environment guidelines are lax and that only eight chemicals are tested. Ms. Gostlin
questioned where the remaining toxic ash will be disposed of. She advised that waste
incinerators destroy valuable resources and promote a throw-away mindset and will
rob the health and wealth of future generations. Ms. Gostlin urged Council to say
“NO” to incineration.
Council Meeting Minutes - 19 - February 11, 2008
Bruce Wood addressed Council concerning Energy-From-Waste stating he is against
an incinerator being built and especially in the chosen location. Mr. Wood advised as
a pilot he sees first hand the haze that envelops the area and stated the effluence
from the stack will directly impact the area. He feels the pollution will affect the entire
population and that there will be increases in respiratory illnesses.
Cathrine McKeever addressed Council concerning Energy-From-Waste stating even
with a 95% diversion rate there will still be 100,000 tonnes of garbage to be dealt with.
She stated if Council decides to conduct a public meeting she would like to see
technical experts in attendance. Ms. McKeever stated her family puts out only one
bag of garbage per month and that blame needs to be placed on those who are not
recycling. She expressed concern that there is too much contradictory information
circulating and a forum would be a beneficial way to provide accurate information to
the public.
COMMUNICATIONS
Resolution #C-070-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information, including Hand-out Items
I - 15 to I - 21 inclusive, be approved.
“CARRIED”
I - 1 Minutes of the Newcastle Memorial Arena Management Board dated
January 8, 2008
I - 2 Minutes of the Clarington Heritage Committee dated
January 15, 2008
I - 3 Minutes of the Kawartha Conservation Authority dated December 12,
2007, January 16, 2008, and January 22, 2008
Council Meeting Minutes - 20 - February 11, 2008
I - 4 Kristin D. McKinnon-Rutherford forwarding the following information
concerning the proposed Energy-From-Waste facility:
a) Correspondence dated January 24, 2008, outlining facts that were
not provided by Mr. Magnus Schonning during his delegation to
Regional Council on January 23, 2008, including the Swedish
government’s export of fly ash, import of waste, taxation of
incineration to encourage diversion, and the release of toxic
emissions from their 29 incinerators; refuting comments of
Cliff Curtis, Commissioner of Works regarding emissions/
environmental guidelines for Ontario being the same as those in
Europe and the maximum rate of diversion achievable; refuting
claims of Mr. Ed McLellan; identifying serious methodological
limitations to the generic health study; attaching a report on Nova
Scotia’s waste management system; and expressing concern with
the process undertaken regarding the initiative.
b) Correspondence dated January 24, 2008, addressing the issue of
due diligence regarding the proposed incinerator; identifying
intimidation and information manipulation from the pro-incinerator
supporters; expressing concern with the lack of response
concerning where toxic ash will end up; and offering a reminder
that the issue is not incineration vs. landfill but disposal vs.
diversion and that a comprehensive diversion coupled with
economic development and extended producer responsibility is a
better option than incineration and landfill.
c) Correspondence dated January 29, 2008, clarifying the per capita
CO2 emissions for Sweden and Canada of 5.98 and 23.68 tons
respectively; and advising of information released from the Heart
and Stroke Foundation indicating a direct link between fine
particulate matter and heart disease and stroke.
d) Correspondence dated January 29, 2008, clarifying Nova Scotia’s
achievements in waste diversion between 1996 and 2004; and
attaching the source document “Status Report 2004 of Solid
Waste-Resource Management in Nova Scotia: Nova Scotia, A
World Leader in Recycling”.
e) Correspondence dated January 29, 2008, forwarding an article
entitled “Minas Basin Pulp and Power – One of Nova Scotia’s
Best Green Secrets” highlighting a partnership in environmental
and economic sustainability.
Council Meeting Minutes - 21 - February 11, 2008
f) Correspondence dated January 29, 2008, thanking Clarington’s
local Councillors for declaring Clarington an “Unwilling Host”
community to the proposed incinerator.
g) Correspondence dated January 31, 2008, providing websites for
information on alternatives to landfill and incineration and
reminding Council of the waste resource conference being held in
Nova Scotia this April.
I - 5 Correspondence has been received from individuals/groups listed
below in opposition to the proposed Energy-From-Waste facility due
to the impact on human health, global warming and the economy;
encouraging investigation into alternative waste diversion programs;
and thanking Council for declaring Clarington an “Unwilling Host”
community. (Copies of all correspondence are on file in the Municipal
Clerk’s Department.)
a) Jim Robinson
b) Julia Potocnik
c) Daniel Reiff and Dr. Kimberley Clow
d) Linda and Mike Bryant
e) The Duffy Family
I - 6 Fred Meinecke forwarding information from the Confederation of
European Waste-to-Energy Plants, an organization representing 340
Waste-to-Energy Plants from 16 European and one American
company whose facilities treat waste in an environmentally sound
way and produce energy which is delivered to citizens and industry.
I - 7 Myno Van Dyke forwarding information from independent studies
conducted by Columbia University outlining and comparing the health
risks of Waste-to-Energy facilities; advising there are over 600 Waste-
to-Energy facilities operating worldwide with modern facilities
producing very little pollution, and supplying 27 million people in
Europe with electricity; stating that he feels committing to Zero Waste
is easy to say but is not practical or realistic and that consumers need
to change their habits and start thinking pro-actively. Mr. Van Dyke
indicates that he is not opposed to using modern Waste-to-Energy
facilities and that local governments should see every side of the
argument and learn from others with the same waste management
problems.
Council Meeting Minutes - 22 - February 11, 2008
I - 8 Denis Kelly, Regional Clerk, York Region, advising Council that on
January 24, 2008, York Regional Council passed the following
resolution pertaining to the Durham/York Residual Waste
Environmental Assessment Study Recommendation of Preferred
Location:
“It is recommended that Council approve the consultant team’s
recommendation, Clarington 01, as the preferred site of the location
of the Durham/York energy from waste facility for submission to the
Ministry of the Environment as part of the Individual Environmental
Assessment.”
and, advising that a copy of Council’s correspondence dated
January 21, 2008, requesting deferral of the site selection has been
forwarded to the next meeting of the Durham/York Joint Waste
Management Group for consideration.
I - 9 Dr. Ken Connelly, President and CEO, Goodwill, advising of critical
roles Goodwill plays in reducing poverty in Ontario by facilitating a
transfer of wealth, by providing access to work and by supporting
community building; reflecting on 2007 in which 255 people were
provided with jobs through Goodwill REACH (Real Employment to
Achieve Community Health); thanking Council for their ongoing
rd
interest and support; and, welcoming 2008, their 73 year of
providing work opportunities to people in the community who need
them the most.
I - 10 Libby Racansky expressing concern that the provisions of the
Planning Act and Greenbelt Act have been violated concerning the
extension of municipal services along Hancock Road as the planning
process was not adhered to; suggesting further expansion of the
urban boundary should not be considered due to the poor shape of
the Black-Farewell watershed; and questioning why Council is in
favour of extending services when current infrastructure is not
maintained.
I - 11 The Bowmanville Santa Claus Parade Committee extending
appreciation to the Municipality for continued support of the parade
and for use of the Old Fire Hall.
I - 12 Terry Graham, Newcastle Lions Club, outlining the “No Child Without”
proposal, a partnership between Medic Alert and Lions International
providing free medic alert bracelets to elementary school children
between the ages of 4 and 14.
Council Meeting Minutes - 23 - February 11, 2008
I - 13 Martha A. Pettit, Deputy Clerk, Town of Whitby, advising Council that
on January 28, 2008, the Town of Whitby passed the following
resolution pertaining to Increase Waste Diversion Challenge:
“1. That the Town of Whitby accept a challenge from the Municipality
of Clarington to divert the greatest amount of waste going into
landfill; and
2. That the matter of waste, waste diversion and recycling by the
industrial commercial and institutional sectors be referred to Public
Works staff and that a report be brought forward with options for
Council’s consideration.”
I - 14 Eleanor Hastie, Marketing Coordinator, White Cliffe Terrace
Retirement Residence, advising that White Cliffe Terrace is planning
to “get on board” to support “Earth Hour” on March 29, 2008, an
initiative to turn the tide on global warming by shutting off lights and
appliances and using energy efficient light bulbs to reduce emissions,
and requesting Council to encourage all businesses and families in
the community to join in the event.
I - 15 Carl Zmozynski requesting clarification as to whether
Mayor Abernethy himself invited four presenters in support of
incineration and arranged for a media release despite the official
position taken by Clarington Council on January 28, 2008 to declare
that Clarington will not be a willing host to the proposed incinerator
and that presenters opposing incineration were not invited to the
meeting.
I - 16 Sean Keane stating that elected officials are to act on behalf of the
community they represent and to leave their personal ambitions and
interests behind in decision-making. Mr. Keane expresses concern
that the proposed incinerator will have adverse health effects on
present and future residents, suggests that Members of Council who
are in favour of the facility should sign a personal guarantee to its
safety and financial welfare of residents; and requesting the truth on
what it is, how safe it is and how much it will cost.
I - 17 Jason Cooke questioning why only presenters who are pro-
incineration were invited to tonight’s Council meeting and requesting
a response to his previous inquiries regarding Energy-From-Waste.
Council Meeting Minutes - 24 - February 11, 2008
I - 18 Francis Kiernicki expressing serious concerns with the proposed
Energy-From-Waste facility stating as a professional in the field of
waste management he sees on a daily basis the type of waste that
goes into the waste stream and feels funding could be better spent on
a massive re-education program to amend the purchasing habits of
individuals and product packaging of manufacturers; expressing
concern with the health hazards associated with incineration and the
disposal of toxic ash; and requesting Council to oppose the project
and champion a better cause.
I - 19 John Oates expressing concern with Mr. Magnus Schönning’s
presentation to Regional Council on January 23, 2008, as he was
responding to technical matters concerning Energy-From-Waste
when local professional people were being ignored; requesting
Mr. Schönning’s presentation to Clarington Council address specific
questions regarding the safety and cost effectiveness of the facility;
and urging Council to ensure crucial questions regarding the safety
and cost are answered accurately.
I - 20 Steve Oake expressing concern that Members of Council want to
force an incineration facility when there isn’t even a recycling facility in
Clarington and that they should be taking into account the public’s
concerns and listening to the opinions of medical experts and
environmental professionals when making decisions concerning the
health and welfare of residents and taxpayers they are representing;
and advising if an incinerator is built in Courtice they will not vote for
any of the Councillors in favour of incineration and that they support a
state of the art recycling facility as an alternative.
I - 21 Erwin Wadinsperger advising he is in support of an Energy-From-
Waste facility provided that the location and technology meet the
highest standards and that all physical, social and economic
considerations adhere to a combined Provincial/Federal
Environmental Assessment.
CORRESPONDENCE FOR DIRECTION
Resolution #C-071-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Correspondence Items including Handout Item D - 12 be approved as per the
agenda, with the exception of Items D - 1, and D - 5 to D - 8, inclusive, D -10, D - 11
and D - 12.
“CARRIED”
Council Meeting Minutes - 25 - February 11, 2008
D - 2 Darina Landa, Co-ordinator, Fundraising Events, Multiple Sclerosis
Society of Canada, requesting permission to hold the 2008
Bowmanville Super Cities WALK for MS on Sunday, April 13, 2008, in
support of finding a cause and cure for multiple sclerosis and to
enable those living with MS to enhance their quality of life; enclosing
a route map for the event and a copy of the Certificate of Insurance;
and, requesting to hang a promotional banner across Highway 2. The
walk will begin and end at Bowmanville High School commencing at
9:30 a.m. with 350 walkers expected to participate.
(Request to hold the WALK for MS
approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department,
and approval granted to display the
banner across Highway 2)
D - 3 Scott Jeffery, President, and Donna Donaldson, Executive Officer,
Durham Region Home Builders’ Association, inviting
Mayor Abernethy to attend their “Mayors and Members” evening on
March 18, 2008, and requesting April 2008 be proclaimed “New
Homes Month” in Clarington in recognition of new home construction
and ownership as a basic factor in economic progress and quality of
life.
(Proclaimed)
D - 4 Michael Chan, Minister, Ministry of Citizenship and Immigration,
advising that nominations for the Newcomer Champion Awards, a
program recognizing outstanding individuals or groups who contribute
to the understanding and sharing of Ontario’s cultural diversity and
provide welcoming communities for the benefit of newcomers, are
being accepted until March 14, 2008. Nomination forms and
information on the awards is available on the Ministry’s website at
www.citizenship.gov.on.ca.
(Correspondence referred to the
Municipal Clerk to place an ad in the
local newspapers)
D - 1 Jim Richards tendering his resignation from the Samuel Wilmot
Nature Area Advisory Committee as he feels the committee is
redundant as Council has not provided any funding support to the
Committee to ensure Clarington’s natural resources are preserved
and protected.
Council Meeting Minutes - 26 - February 11, 2008
Resolution #C-072-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Correspondence Item D - 1 be received with regret, and referred to the
Municipal Clerk.
“CARRIED”
D - 5 Marion Saunders, Chair, Lakeridge Health Corporation Board of
Trustees, advising their 2008 membership campaign will run from
February 3 to March 31, 2008, requesting Council to endorse the
2008 Campaign; encouraging Clarington residents to show support
for their hospital by becoming members of Lakeridge Health; and,
requesting Council’s approval to place brochures and applications in
municipal facilities and other locations during the campaign period.
Resolution #C-073-08
Moved by Councillor Hooper, seconded by Councillor Novak
WHEREAS Lakeridge Health serves over half a million residents in Durham
Region at 19 different sites, including three hospitals in Bowmanville, Oshawa,
and Port Perry, and two specialty sites (Lakeridge Health Whitby and Pinewood
Addiction Treatment Centre), and the R. S. McLaughlin Durham Regional
Cancer Centre;
AND WHEREAS key improvements to care like the redevelopment of the
Emergency Department, Critical Care Unit and Diagnostic Imaging suites at
Lakeridge Health Bowmanville are vital to the health of our hospital;
AND WHEREAS, there is a need for greater resources to reduce the $279 gap
in hospital funding per Durham resident, and to keep up with our growing and
aging community;
AND WHEREAS the support of our community through hospital memberships is
important in demonstrating that our patients, staff, physicians and volunteers
deserve fair and equal access to health care services:
THEREFORE BE IT RESOLVED THAT the Municipality of Clarington Council
hereby supports Lakeridge Health’s 2008 membership campaign, which runs
February 3 to March 31;
Council Meeting Minutes - 27 - February 11, 2008
AND FURTHERMORE, THAT Clarington Council encourages local residents to
show they support the dedicated and caring staff, physicians and volunteers at
our hospital, by becoming a member of Lakeridge Health and purchasing a $10
membership.
“CARRIED”
D - 6 Ginette Bertrand, Clerk, Corporation of the Township of Russell,
advising Council that on January 21, 2008, the Township of Russell
passed the following resolution pertaining to the calculation of
municipal debt capacity:
“WHEREAS Ontario municipalities are subject to a borrowing capacity
based on 25% of their previous year taxation revenues;
AND WHEREAS the calculation of the debt capacity includes debts
for public utilities such as waterworks and sanitary sewer;
AND WHEREAS the public utilities debts are reimbursed through user
fees, which have no impact on the operation of a municipality’s
general fund;
THEREFORE BE IT RESOLVED THAT the Township of Russell
hereby petitions the Provincial Government to consider amending the
formula used to calculate a municipality’s debt capacity by excluding
debts for public utilities in order to allow a municipality to increase the
financing of capital projects such as roads, bridges and other
municipal infrastructures which are reimbursed through property
taxes; and
BE IT ALSO RESOLVED THAT a request for support be forwarded to
every municipality in Ontario and that they forward their support to the
Minister of Municipal Affairs, the Finance Minister, AFMO, AMO,
OGRA and to the Township of Russell.”
Resolution #C-074-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the Township of Russell with respect to the calculation
of municipal debt capacity be received for information.
“CARRIED”
Council Meeting Minutes - 28 - February 11, 2008
D - 7 Marisa Kraus, Manager, LCBO Agency Store Program, advising since
2002, the community of Hampton has had an existing agency store
that sells alcohol to consumers who do not have reasonable access
to an LCBO store; advising LCBO will be initiating the public tendering
process for the community of Hampton for a new term to ensure all
retail businesses in the area have equal opportunity to sell LCBO
products; and, requesting the Municipality to forward any objections
regarding the matter by February 29, 2008. The correspondence
noted only one authorization will be granted within a community.
Resolution #C-075-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Council endorse the actions taken by the LCBO Agency Store Program in
initiating the public tendering process for a new term for the Hampton agency
store.
“CARRIED”
D - 8 Carolyn Downs, City Clerk, City of Kingston, advising Council that on
January 22, 2008, the City of Kingston passed the following resolution
pertaining to the “BUY-A-NET Malaria Prevention Group”:
“WHEREAS malaria is the leading killer of children in Africa, taking a
child’s life every 30 seconds; and
WHEREAS on April 25th, 2000, at the African Summit in Abuja,
Nigeria, Africa Malaria Day was declared as April 25th as a
commitment by all nations to halve the burden of malaria by 2010;
and,
WHEREAS April 25th is also known and recognized as World Malaria
Day by the international community; and,
WHEREAS the United Nations acknowledges the importance of the
need to halt and begin to reverse the incidence of malaria not only as
a goal in itself, but as an essential path toward achieving all the
Millennium Development Goals by the target day of 2015; and,
WHEREAS Canadian citizens make an immense contribution to
improving quality of life in communities around the world through their
efforts as volunteers and supporters of international cooperation and
partnership; and,
Council Meeting Minutes - 29 - February 11, 2008
WHEREAS the City of Kingston is committed to international
cooperation and partnership to improve the quality of life of all people;
and,
WHEREAS ‘BUY-A-NET Malaria Prevention Group’, a Kingston
based registered charitable Canadian citizen-driven volunteer
initiative, believes that together, as united citizens against malaria, we
can prevent malaria and alleviate the pain and suffering inflicted upon
people (particularly children and pregnant women) in Africa through
the procurement and distribution of long lasting insecticide treated
bed nets and anti-malaria medicines free-of-charge, one village at a
time; and,
WHEREAS the City of Kingston was host to the first annual Canadian
event in support of World Malaria Day; and,
WHEREAS Kingston was the first city in Canada to proclaim April
25th as World Malaria Day; and,
WHEREAS the City of Kingston urges organizations and citizens of
Kingston to consider contributing what they can to prevent the
incidence of malaria in Africa; and,
WHEREAS the designation of Fort Henry in Kingston and the Rideau
Canal as a UNESCO World Heritage Destination has a connection to
malaria in that 100’s of workers died building this infrastructure that is
so important to Canadian history and our quality of life; and,
WHEREAS it takes so little to make a difference; for $350.00 a village
in Africa can be provided with bed nets thereby greatly reducing the
incidence of malaria;
THEREFORE BE IT RESOLVED THAT the Mayor and City
Councillors kick-off a City of Kingston drive to “net a village” in Africa
by encouraging personal contributions to the campaign; and,
BE IT FURTHER RESOLVED THAT Mayor Harvey Rosen and City
Council urge all citizens of Kingston and of all Ontario municipalities
to adopt a village by considering a contribution to prevent the
incidence of malaria in Africa; and,
BE IT FURTHER RESOLVED THAT Mayor Harvey Rosen and City
Council recognize April 25th, 2008, as World Malaria Day and urge
the Canadian Federation of Municipalities to also pass a resolution
endorsing the recognition of April 25th, 2008, as World Malaria Day
and to encourage its member municipalities to “Net a Village” in
Africa.”
Council Meeting Minutes - 30 - February 11, 2008
Resolution #C-076-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the City of Kingston with respect to the “BUY-A-NET
Malaria Prevention Group” be received for information.
“CARRIED”
Correspondence Item D – 9 was considered earlier in the meeting (see Page 6).
D - 10 Susan Greatrix, City Clerk, City of Waterloo, advising Council that on
January 14, 2008, the City of Waterloo passed the following
resolution pertaining to the Canadian Broadcasting Corporation:
“WHEREAS the Federal Heritage Committee noted that the Canadian
Broadcasting Corporation (“CBC”) needs to do more in the area of
local programming;
AND WHEREAS the CBC is seeking increased federal funding to
establish thirteen new regional CBC radio stations;
AND WHEREAS Waterloo Region is one of the recommended
designated areas;
AND WHEREAS these Regional radio stations would be part of the
CBC Radio One Network providing local morning and late afternoon
programming created and broadcast locally; the remainder of the
programming would be nationally produced and broadcast;
AND WHEREAS a Waterloo Region CBC radio station would provide
local broadcast morning and afternoon programs to tell local stories,
focus on public affairs and inform debate on local issues to national
and international media providing access to the country and the
world.
NOW THEREFORE BE IT RESOLVED THAT the Council of The
Corporation of the City of Waterloo is supportive of a Waterloo Region
CBC radio station which recognizes the Region as one of the fastest
growing areas, with its own cultural, economic and educational
identity, which as an under serviced area, should have increased
access to local public broadcasting services providing distinct
coverage of local and regional news, culture and public affairs;
Council Meeting Minutes - 31 - February 11, 2008
AND FURTHER THAT Waterloo City Council call on the Federal
Government and Heritage Minister to include sustainable funding to
ensure this service can be provided for the Region of Waterloo and
other regional radio stations;
AND FURTHER THAT this resolution be circulated to the Region of
Waterloo Members of Parliament, the House of Commons Standing
Committee on Canadian Heritage, the Prime Minister, the Minister of
Heritage, the Chair of the CBC, the President of the CBC, the
Association of Municipalities of Ontario and the Federation of
Canadian Municipalities.
AND THAT municipalities consider a motion in support of this
initiative.”
Resolution #C-077-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the resolution from the City of Waterloo with respect to the Canadian
Broadcasting Corporation be received for information.
“CARRIED”
D - 11 Diane Higgs, requesting clarification as to why Council is divided on
the EFW process regarding the proposed incinerator as she assumes
that the environmental process will simply provide further information
which she is interested in hearing the findings.
Resolution #C-078-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item D - 11 be received for information.
“CARRIED”
D - 12 Ashley McCrae urging Council to participate in Earth Hour on March
29, 2008, a global initiative promoted by the World Wildlife Fund to
save power and show international unity against global warming by
turning off non-essential power from 8:00 p.m. to 9:00 p.m.
Council Meeting Minutes - 32 - February 11, 2008
Resolution #C-079-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Ashley McCrae be advised of Council’s direction concerning Correspondence
Item D – 9.
“CARRIED”
STAFF REPORT(S)
Report # 1 - Report CLD-007-08 – Request for Review of Kennel Licence
Requirements
Resolution #C-080-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report CLD-007-08 be received;
THAT the licencing requirements set out in the Kennel Licencing By-law 2006-228 be
upheld;
THAT Mr. Ari Rotman’s appeal to the licencing requirements be denied; and
THAT Mr. Ari Rotman be advised of Council’s decision.
“CARRIED”
Report #2 - Confidential Verbal Report of the Chief Administrative Officer, Director
of Emergency Services/Fire Chief and Director of Corporate Services and Human
Resources concerning a Labour Relations Matter
Resolution #C-081-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT the Confidential Verbal Report of the Chief Administrative Officer, Director of
Emergency Services/Fire Chief and Director of Corporate Services and Human
Resources concerning a Labour Relations Matter be referred to the end of the agenda
to be considered during a “closed” session of Council.
“CARRIED”
Council Meeting Minutes - 33 - February 11, 2008
Report #3 - Confidential Verbal Report of the Solicitor concerning a Property
Matter
Resolution #C-082-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the memorandum received from the Solicitor pertaining to his Confidential
Verbal Report concerning a Property Matter be received.
(See Following Motion)
Resolution #C-083-08
Moved by Councillor Foster, seconded by Councillor Novak
THAT the Confidential Verbal Report of the Solicitor concerning a Property Matter be
tabled until the March 3, 2008, Council meeting.
“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
Bob Hann, Valiant Property Management – Request for Exemption to the
Municipality’s Sign By-law – West Bowmanville Shopping Centre
Resolution #C-084-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT an increase in the size of the Clarington Place/Home Depot Pylon sign to 144
square feet (approximately 8’ x 18’) be approved in principle, subject to the
submission of a Site Plan Amendment application for no additional fee.
“MOTION LOST”
Council Meeting Minutes - 34 - February 11, 2008
Resolution #C-085-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT an increase in the size of the Clarington Place/Home Depot Pylon sign to a
maximum of 10.2 square metres be approved in principle, subject to the submission of
a Site Plan Amendment application for no additional fee.
“CARRIED”
Resolution #C-086-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT the delegations of Jeremy Woodcock, Wendy Bracken, Kristin Robinson,
Kevin LeGrand, Nadia McLean-Gagnon, Wayne Ellis on behalf of Louis Bertrand,
Paul André Larose, Kerry Meydam, Doug Anderson, Alexandra Bennet, Elaine Gillies,
Shirley Crago, Dave Renaud, Cecil MacKesey, Sandra Lawrence, Edward Lawrence,
John Muto, Jim Richards, Pat Gostlin, Bruce Wood and Cathrine McKeever
concerning Energy-From-Waste be received with thanks and that Council extend
appreciation to each individual.
“CARRIED”
Resolution #C-087-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the Rules of Procedure be suspended to allow for the meeting to continue
beyond the 11:00 p.m. curfew.
“CARRIED”
BY-LAWS
Resolution #C-088-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce the following By-laws 2008-024 to 2008-027,
inclusive;
2008-024 Being a By-law toamend By-law 2005-145, a by-law respecting
the appointment of a Chief Building Official, Building Inspectors,
Plumbing Inspectors and Fire Safety Inspectors
Council Meeting Minutes - 35 - February 11, 2008
2008-025 Being a By-law toappoint an individual as Parking Enforcement
Officer and to repeal By-law 2002-163
2008-026 Being a By-law toauthorize a contract between the Corporation of
the Municipality of Clarington and Bell Mobility Inc., Mississauga,
Ontario, to enter into agreement for the Provision of Cellular
Services and Related Hardware
2008-027 Being a By-law to authorize the submission of an application to the
Ontario Infrastructure Projects Corporation (“OIPC”) for funding
from the Municipal Infrastructure Investment Initiative for a new
eligible capital project of the Corporation of Municipality of
Clarington (the “Municipality”), and to approve the expenditure of
funds on said eligible capital project
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
Councillor Robinson presented a cheque from the Newcastle Arena Board in the
amount of $15,069 to repay the loan received from the Municipality. He also stated
that a new Zamboni has been purchased through fundraising efforts and at no cost to
the Municipality.
Resolution #C-089-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the Rules of Procedure be suspended to allow for the introduction of an item of
new business at this time.
“CARRIED”
Resolution #C-090-08
Moved by Councillor Novak, seconded by Councillor Woo
THAT Councillor Trim be appointed as Deputy Mayor for the period February 13, 2008
to February 24, 2008.
“CARRIED”
Council Meeting Minutes - 36 - February 11, 2008
Resolution #C-091-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the meeting be “closed” in order to consider a Confidential Verbal Report of
the Chief Administrative Officer, Director of Emergency Services/Fire Chief and
Director of Corporate Services and Human Resources concerning a Labour
Relations Matter.
“CARRIED”
The meeting resumed in open session at 11:20 p.m.
Resolution #C-092-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-028 being a by-law to amend the by-
law to appoint an Acting Head of Council to act in the place of the Head of Council for
the Municipality of Clarington and that the by-law be read a first, second and third time
and finally passed.
“CARRIED”
Mayor Abernethy and Councillor Novak made disclosures of pecuniary interest earlier
in the meeting and refrained from voting on the Confirming By-law.
Councillor Trim chaired this portion of the meeting.
CONFIRMING BY-LAW
Resolution #C-093-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-029, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
thth
on the 11 day of February, 2008; and reconvened on the 13 day of February, 2008
and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes
ADJOURNMENT
Resolution #C-094-08
Moved by Councillor Robinson, seconded by Woo
THAT the meeting adjourn at 11 :25 p.m.
"CARRIED"
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February 11, 2008