HomeMy WebLinkAbout06/09/2008
Council Meeting Minutes
JUNE 9,2008
Minutes of a regular meeting of Council held on June 9,2008, at 7:00 p.m., in the
Council Chambers.
Councillor Foster led the meeting in prayer.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Chief Administrative Officer, F. Wu
Facilities Manager, G. Acorn
Director of Engineering Services, T. Cannella
Recreation Services Manager, S. Meredith
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources, M. Marano
Director of FinancelTreasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Deputy Clerk, A. Greentree
DISCLOSURES OF PECUNIARY INTEREST
Later in the meeting Councillor Novak indicated a pecuniary interest with respect to
Correspondence Item D - 7.
ANNOUNCEMENTS
Councillor Foster announced the following:
. Courtice Lions Club will be hosting a Newfie Dance at the Garnet B. Rickard
Complex on June 14, 2008.
. Courtice Rotary Club will be hosting Paul Harris Fellow Awards Night at the Hilltop
Restaurant on June 24, 2008.
. Ontario Power Generation will be holding a Biodiversity Conference. Those
interested are asked to contact Councillor Foster for further details.
. CAW Local 222 will be holding a march at noon on June 12, 2008 in response to
the recent General Motors Announcement on the closure of the Truck Plant.
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JUNE 9, 2008
. Veridian Annual Shareholders' Meeting is scheduled for June 19, 2008.
. Hydro One will be holding a Public Information Centre on June 12, 2008 at the
Solina Community Hall between 4 p.m. and 8:00 p.m. relating to the transformer
station that will be sited in the area.
Councillor Hooper announced the following:
. He brought greetings from the Municipality to Ray Ashton, Musical Director,
Enniskillen United Church, in celebration of his recent retirement.
. He briefly visited one of the Bed and Breakfast establishments during the
Clarington Country Bed and Breakfasts Open House and Tour on the weekend.
. Concerts in the Park 2008 Series start this Thursday with a performance by the
Lincolnaires.
Councillor Novak announced the following:
. She attended the Valleylands Event with Reverend Lockhart.
. She attended the Orono Rodeo Kick-off on Friday night.
. Clarington Official Plan Review Open Houses will be held on June 1 ih in
Newtonville, June 16th in Orono, June 1ih in Newcastle, June 25th in Solina and
June 26th at the Garnet B. Rickard Recreation Complex.
Councillor Robinson announced the following:
. The Annual Terry Fox Run will be held on September 14, 2008.
Councillor Robinson issued a formal challenge to all departments.
. The Union Rod and Gun Club celebrated their 70th Anniversary on Sunday.
. A second book on the Newtonville Community will be available at the Concerts in
the Park for $10 with a portion of the proceeds going to support the local town hall
in Newtonville.
. Concerts in the Park in Newcastle starts on June 26, 2008 and Concerts in the
Park in Orono will be starting soon at the Library Grounds.
Councillor Woo announced the following:
. Last Saturday Lieutenant-General Walter Natynczyk was in Clarington attending
the "Support our Troops" Rally and has now been appointed to the position of
Chief of Defence Staff replacing General Rick Hillier. Councillor Woo indicated
that since then, Canada has lost two more soldiers and expressed condolences to
their families.
. On Saturday he attended the Third Annual 176 Squadron Air Cadet Review and on
Tuesday he will be attending the 176th Annual Mess Dinner and Awards
Ceremony.
. The Canadian Cancer Society's "Relay for Life" will be held on June 20,2008 at
the Clarington Central School.
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JUNE 9, 2008
Mayor Abernethy announced the following:
. Lieutenant-Governor David Onley has accepted an invitation to attend the "Cornz-
A-Poppin" Gala Event for Bowmanville's 150th Sesquicentennial Celebration on
Saturday, June 28, 2008.
. The Municipal Waste Integration Network will be holding their Annual Meeting and
Conference - "Zero Waste .... Achieving the Possible", in Niagara Falls on
June 10 to 12, 2008.
. The announcement of New Nuclear Build is expected next week and Clarington's
position looks strong.
MINUTES
Resolution #C-330-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a special meeting of Council held on May 21,2008, minutes of a
regular meeting of Council held on May 26,2008 and the minutes of a special meeting
of Council held on May 27,2008, be approved.
"CARRIED"
PRESENTATIONS
Maureen Carter-Whitney, Research Director, Canadian Institute for Environmental
Law and Policy (CIELAP), addressed Council concerning "Incineration: The Burning
Debate and the Need for a Comprehensive Waste Management Policy in Ontario". A
copy of Ms. Carter-Whitney's report "Ontario's Waste Management Challenge - Is
Incineration an Option?" is available on the CIELAP's website. Through use of a
PowerPoint presentation, Ms. Carter-Whitney provided an overview of CIELAP, a
history of the incineration debate, an overview of incineration technologies, current
regulatory regimes, incineration in the broader context of waste management policy,
and the European experience. Ms. Carter-Whitney also highlighted eleven specific
recommendations.
Ms. Carter-Whitney stated new incineration technology is being considered as it
provides an opportunity to produce energy; however, despite advances in technology
the health impacts are the same, as dioxins are produced. Ms. Carter-Whitney stated
a 2005 health study from Britain found increased cases of cancer and birth defects in
populations around centres where incinerators were located. She advised chemicals
are changing and it is important to look at the question of incineration within the
context of Ontario's regulatory regime. Ms. Carter-Whitney stated it appears that the
Government is trying to find solutions to waste problems without a strong policy
foundation and has pursued initiatives in relation to waste management. She noted
that until recently the only program was blue box recycling noting a program for
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JUNE 9, 2008
hazardous household waste has been developed but has yet to be implemented and
that a program for the disposal of electronic equipment is being investigated.
Ms. Carter-Whitney stated in 2004, a discussion paper on how to achieve a 60%
waste diversion goal was released creating public interest. She advised that not much
attention has been paid to lifecycle analysis and there is a need to examine the
production to disposal phase and that this has not been done at the Provincial level.
Ms. Carter-Whitney acknowledged that Europe is often mentioned in discussions on
EFW and cautioned that it is important to keep in mind the European Union operates
within a very different context. They have a policy framework that is more
responsible. Their waste hierarchy involves: preventing waste in the first place,
recycle, and then incineration/landfill. She noted Sweden is also cited and operates
within a comprehensive framework and waste hierarchy. Ms. Carter-Whitney advised
of the importance of looking at technologies from a policy perspective in view of what
is the landfill requirement for ash, what are the capital and operating costs, what are
the most appropriate methods used to identify environment and health effects. She
stated there is a great need for independent, fair and impartial assessment of risks
and technologies (funded by the Province) and an urgent need for a strong and
comprehensive waste management policy in Ontario. Ms. Carter-Whitney
summarized a series of recommendations the Province should undertake in the
establishment of a strong and comprehensive waste management strategy and
regulatory framework.
Bob M. Kenney, Solid Waste Resource Analyst, Nova Scotia Environment, addressed
Council concerning Nova Scotia's Solid Waste Model. Through use of a PowerPoint
presentation "Nova Scotia - Too Good To Waste", Mr. Kenney provided an overview
of the history of waste management in Nova Scotia, its current status and future goals.
Mr. Kenney reviewed four main goals of the Solid Waste-Resource Management
Strategy which included a 50% reduction in waste by 2000 which has been achieved,
increased disposal standards, Regional cooperation and economic opportunities
which have translated into more jobs and a more sustainable economy. Mr. Kenney
highlighted the implementation of disposal bans making it illegal to throwaway
beverage containers, corrugated cardboard, newsprint, steel/tin food containers, glass
food containers, most HDPE and some LDPE plastics, used tires, waste paint, auto
batteries and ethylene glycol, compostable organic materials (leaf and yard waste and
food waste), and electronic equipment. He reviewed Product Stewardship Programs
which provide incentives to recycling various banned products. Mr. Kenney noted that
340,000 tonnes of waste is diverted in Nova Scotia per year and that a new
disposal/diversion goal has been set at 300 kg per person per year which will be
accomplished through stewardship programs, research and design and best
management practices. There is a financial incentive through the Resource Recovery
Fund Board for municipalities to divert. Residents pay deposits on beverage
containers and receive 50% back upon return. The remaining 50% is divided among
the municipalities based on their diversion rates. Nova Scotia has realized a 35-40%
improvement since the introduction of the clear bag program. In summary,
Mr. Kenney stated there is still significant opportunity to add value to wasted
resources and in many ways they are just beginning to tap into the waste diversion
potential.
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JUNE 9, 2008
Resolution #C-331-08
Moved by Councillor Woo, seconded by Councillor Foster
THAT Council recess for ten minutes.
"CARRIED"
The meeting reconvened at 9:25 p.m.
DELEGATIONS
Linda Gasser addressed Council concerning Item 21 of Report # 1 - Host Community
Agreement to bring an update of what has occurred following the May 28, 2008,
Regional Council Meeting. Ms. Gasser stated on May 21,2008, a motion to ensure
that there would be a financial commitment to human health and environmental
monitoring before and during facility operations in the business case for the proposed
Energy-From-Waste facility was referred to the Joint Waste Management Group
(JWMG). She expressed concern that Site Specific Human Health and Ecological
Risk Assessment is not undertaking human health studies, as risk assessments are
estimates of impacts to human health based on certain assumptions and can be very
poor predictors of actual human health and environmental impacts. Ms. Gasser
indicated that Regional Councillors and Mayor Abernethy have repeatedly indicated
that they won't approve anything that isn't safe, yet Mayor Abernethy and Councillor
Trim supported the referral to JWMG instead of approving the motion. Ms. Gasser
urged Local Councillors to negotiate to ensure Regional commitments to undertake
comprehensive human health and environmental monitoring and full life cycle
monitoring are developed. Ms. Gasser advised that she has heard rumours that
Clarington is considering accepting bottom ash and urged Council to pass resolutions
to ensure that the commitment not to accept bottom ash is not traded away during the
Host Community Agreement negotiations or any other process.
Louis Bertrand addressed Council concerning tonight's presentations on Waste
Management Options. Mr. Bertrand conducted a PowerPoint presentation highlighting
"Waste Management and Climate Change: Stop Trashing the Climate". Mr. Bertrand
stated he would like to introduce a report that links the waste management process to
global warming, noting a zero waste approach is one of the fastest, cheapest and
most effective strategies to protect the climate. Mr. Bertrand feels there is a need to
take decisive action locally to have a global impact and for the Municipality to maintain
its "unwilling host" stance regardless of the outcome of the Host Community
Agreement. Mr. Bertrand stated delaying a decision on the incinerator will buy time to
work on a Zero Waste strategy and suggested the "Stop Trashing the Climate" Report
be reviewed as it provides evidence and guidance for public policy. The report is
available at www.StopTrashinqTheClimate.orq.
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JUNE 9, 2008
Wendy Bracken addressed Council concerning Item 21 of Report #1 - Host
Community Agreement expressing concern that the Business Case was endorsed
despite major errors and omissions which were not addressed or corrected. She
stated there were serious problems with present value analysis noting the Region
assumes the diversion rate of 60% not getting to 70% until 2020. Ms. Bracken
indicated that one major omission is the failure of Regional Council not to include
funding for ongoing monitoring and best practices. Ms. Bracken stated the public
have consistently declared that health and environmental concerns are paramount,
but Council did not include a line item for baseline testing and ongoing health and
environmental monitoring. Ms. Bracken feels that this should have been included in
the Business Case as it would have sent a strong message to vendors that the Region
is serious about protecting public health and the environment. Ms. Bracken stated this
type of monitoring is necessary and that the Site Specific Risk Assessment will not
provide the complete picture. She expressed concern that Mayor Abernethy and
Councillor Trim did not support Regional Councillor Jordan's motion as their votes
could have made a difference. Ms. Bracken urged Council to ensure that best
practices for monitoring are included in the agreement and that Council maintains the
Community's "unwilling host" status regardless of the host community agreement.
Councillor Robinson advised that Krista and Corey Barr would not be addressing
Council as their questions have been answered through staff.
Hannu Halminen, Halminen Urban Communities advised his questions had been
answered by staff during the recess, and he would therefore not be addressing
Council.
John Vandentweel addressed Council concerning Item 16 of Report #1 - Tender
CL2008-5, Mechanical Equipment Maintenance Contract - HVAC Services requesting
that Council ensure that the company that is awarded the tender has a valid TSSA
certificate of authorization as he noted there were a number of companies who
submitted bids who were not listed on the TSSA website.
COMMUNICATIONS
Resolution #C-332-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the communications to be received for information be approved, with the
exception of Items I - 4, I - 12, and I - 19.
"CARRIED"
I - 1 Minutes of the Port Granby Discussion Group dated September 19,
2007 and March 27, 2008.
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JUNE 9, 2008
I - 2 Minutes of the Central Lake Ontario Conservation Authority dated
May 21,2008.
I - 3 Minutes of the Ganaraska Region Conservation Authority dated
April 17 and May 15, 2008.
1-5 Minutes of the Living Green Community Advisory Committee dated
February 26, April 22 and May 27,2008.
I - 6 Correspondence has been received from individuals listed below in
opposition to the proposed Energy-From-Waste facility. (Copies of all
correspondence are on file in the Municipal Clerk's Department).
a) Norm and Donna Cooper
b) Nicole O'Sullivan
I - 7 Marlene Cashin, Staff Lawyer and Elaine MacDonald, Staff Scientist,
Ecojustice, (formerly Sierra Legal Defence Fund), writing to
Jim McKay and David Merriman, DurhamlYork Residual Waste
Study, advising they have been monitoring the Environmental
Assessment with respect to the study and have identified several
areas where consultation with the public and transparency may not be
in conformity with the approved Terms of Reference; that it appears
the consultation has been carried out in a manner that is less than
transparent and that concerns raised by the public have been
dismissed without adequate consideration; and requesting the study
team to immediately review the transparency and openness of the
consultations that are being conducted throughout the EA study,
make note of the commitments included in the Terms of Reference
and take steps to address the deficiencies in the consultation process
that have been brought to the attention of the Regions.
I - 8 Glenda Rodgers, Project Manager, Trent Conservation Coalition
Source Protection Region, forwarding Draft Proposed Terms of
Reference outlining the work plan and estimated budgets to develop
Source Protection Plans for the Trent Conservation Coalition Source
Protection Region. Two documents have been prepared - one for the
Trent River watershed and one for the Ganaraska Region Source
Protection Area. The Correspondence serves as official notice under
Ontario Regulation 287/07 and municipalities and the public are
invited to review the Draft documents and to submit comments by
Wednesday, June 25, 2008.
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JUNE 9, 2008
1-9 Wanda Stephen, Acting CAO, Kawartha Conservation, forwarding
their 2008 Preliminary Budget which outlines conservation programs,
projects and associated funding requirements requested from their six
watershed municipalities.
I - 10 Natasha Mackesey, extending thanks on behalf of Rogers TV for the
donation of a Clarington gift bag to their National Volunteers Week
party.
I - 11 Cheri Smith, Manager, Resource Development & Special Events,
Community Living Oshawa Clarington thanking Mayor Abernethy for
attending the Clarington Project's 11 th Annual Gala and for the
donation of the golf shirt. The event was a great success raising
$10,000 which will assist with the costs of running the activity centre,
including supplies and materials and will be put into a building fund,
so that one day the Clarington Project will have a home to call their
own.
I - 13 John Tory, Leader of the Ontario PC Party advising that on May 12,
2008, the McGuinty Government proceeded with Bill 35, The
Investing in Ontario Act, despite concerns raised by the Ontario PC
Caucus and proposed amendments to ensure that only municipalities
be defined as eligible recipients and that all allocations under Bill 35
be dedicated to municipal infrastructure; advising the PC Caucus
voted against Bill 35 as they believe provincial funding for municipal
infrastructure should be planned and earmarked in the Provincial
budget and that Ontario Municipalities need long-term, sustainable
funding to address infrastructure challenges; and advising that the
Ontario PC Caucus will continue to fight for long-term and sustainable
funding to support municipalities.
1-14 John O'Toole, MPP, Durham, advising Council that he has written to
The Honourable Dwight Duncan, Minister of Finance in support of
Council's resolution of April 7, 2008, concerning a fairer means of
property assessment for farmers investing in Alternative Green
Energy Sources; suggesting to the Minister that farmers who are
willing to innovate and incorporate alternative energy sources is a
policy that is good for agriculture and good for the Ontario
environment and that the Province should encourage the initiative.
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JUNE 9, 2008
1-15 John O'Toole, MPP, Durham, forwarding a copy of correspondence
from the Honourable Jim Bradley, Minister of Transportation in
response to his correspondence regarding the possibility of the CN
Bridge over Highway 401 near Waverley Road being transformed into
a memorial to members of the Canadian Forces; expressing his
disappointment with concerns raised by the Minister and requesting
follow-up suggestions on whether the difficulties the Minister has
mentioned may be overcome; and advising he would be pleased to
work with the municipality and volunteers on ideas for a fitting
memorial on the "Highway of Heroes".
I - 16 Louise Levert, Commission Operations Officer, Canadian Nuclear
Safety Commission forwarding a copy of the Record of Proceedings
published on May 9,2008 regarding the application to renew the
power reactor operating licence for the Darlington Nuclear Generating
Station.
I - 17 Debbie Zimmerman, Chair, MPAC Board of Directors forwarding for
information a copy of the Municipal Property Assessment Corporation
(MPAC) 2007 Annual Report and Financial Statements for the Year
Ended December 31,2007.
I - 18 Glenda Yeates, President and CEO, Canadian Institute for Health
Information (CIHI) forwarding a copy of their report "Improving the
Health of Canadians: Mental Health, Delinquency and Criminal
Activity", the second report in a series of three "Improving the Health
of Canadians" addressing mental health; offering a comprehensive
overview from a population health perspective in Canada; and,
advising the final report which will focus on positive mental health will
be released in February 2009. A presentation of key findings from the
Report is available at www.cihi.ca/cphi.
I - 20 Alexandra Bennett, Precautionary Principle Canada, expressing
appreciation for being advised of the presentations scheduled for
June 9, 2008, agreeing that Maureen Carter-Whitney's paper is an
excellent framework to understand the current lack of a
comprehensive waste management policy in Ontario; suggesting that
staff and elected officials need to understand that unless Ontario's
waste management policy is based upon EU waste management
directives, the emissions for the incinerator will remain much more
toxic despite having the best pollution control devices; stating that
Ontario can learn from Nova Scotia's waste management policy; and
advising that she is focusing her support for the current development
of toxic reduction by-laws that are provincial in scope as the best way
of ensuring that what will be allowed to exit the stack in Clarington will
comply with the best toxic reduction policy.
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JUNE 9, 2008
1-21 D. I. Allingham, P. Eng., President, Totten Sims Hubicki Associates,
(TSH) providing responses to the Municipality's detailed comments on
the 407 East Environmental Assessment (EA) Alternative Methods
Report and Support Documentation (August 2007), together with a
letter of clarification indicating that the Municipality's interpretation of
the current legislation is accurate with respect to the issuance of
building permits for remnant parcels of land with road frontage.
I - 4 Minutes of the Clarington Traffic Management Advisory Committee
dated April 17, 2008.
Resolution #C-333-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Minutes of the Clarington Traffic Management Advisory Committee
dated April 17, 2008 be received for information.
"CARRIED"
I - 12 Eva Ligeti, Executive Director, Clean Air Partnership, recognizing the
Municipality for participating in the GTA Clean Air Council (GTA-
CAC), an inter-governmental working group dedicated to exploring
clean air initiatives and sharing best practices to reduce smog and
greenhouse gas emissions with other jurisdictions in the GT A;
advising the GT A-CAC Green Procurement Community of Practice
consisting of purchasing, environmental, and energy management
staff from the GT A-CAC jurisdictions has been convened and meet
bimonthly to share research tools and experiences; and, extending
appreciation to Clarington for the leadership role the Municipality is
taking in its jurisdiction in incorporating energy efficiency and other
environmental criteria into purchasing policies and practices.
Resolution #C-334-08
Moved by Councillor Novak, seconded by Councillor Woo
THAT Correspondence Item 1- 12 from Eva Ligeti, Executive Director, Clean
Air Partnership, be received for information; and
THAT staff be congratulated for the leadership role they are taking in their
jurisdiction in incorporating energy efficiency and other environmental criteria
into purchasing policies and practices.
"CARRIED"
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JUNE 9, 2008
I - 19 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA), forwarding copies of CLOCA's 2007
Year In Review Publication.
Resolution #C-335-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item 1- 19 from R. Powell, Chief Administrative Officer,
Central Lake Ontario Conservation Authority (CLOCA), forwarding copies of
CLOCA's 2007 Year In Review Publication be received with thanks.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-336-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Items be approved as per the agenda, including Hand-out
Items D -11, D - 12 , D - 13 and D - 14 with the exception of Items D - 4 to D - 14,
inclusive.
"CARRIED"
D - 1 John Stephenson expressing concern with the design of the
Northglen West Residential Development Plan as he feels the
development does not meet the requirements for future
developments as recommended by the National Round-table on the
Environment and Energy (NRTEE) Report; outlining perceived
shortcomings in the development; advising he feels that the proposal
shows no innovative or original ideas that will be applicable to
lifestyles in the next ten years and recommending that the proposal
be redesigned to incorporate features necessary for a low energy
lifestyle; expressing concern that the NRTEE Report "Advice on a
Long Term Strategy on Energy and Climate Change" is out of date
as it underestimates the significance of global warming as a threat to
the future of Earth's biodiversity; and, recommending staff provide an
estimate of the effects of fuel shortages and high prices, in
conjunction with an economic depression, on the economy of the
Municipality and the assessment be incorporated into the Official
Plan for the next two to five years.
(Correspondence referred to the
Director of Planning Services)
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JUNE 9, 2008
D - 2 The Honourable Michael Chan, Minister, Ministry of Citizenship and
Immigration, inviting nominations for the Ontario Medal for Good
Citizenship, a program to recognize and honour Ontarians, who
through exceptional long-term effort, have made outstanding
contributions to life in their communities. Nomination forms are
available on line at http://www.citizenship.qov.on.ca/enqlish/honours/
or by contacting the Ontario Honours and Awards Secretariat. The
deadline for submission is August 17, 2008.
(Correspondence referred to the
Municipal Clerk to place a notice in
the local newspapers)
D - 3 Lynn Johnston, CAE, President, CSTD, the Canadian Society for
Training and Development, a national not-for-profit membership
association serving the field of workplace learning and performance,
requesting Council to proclaim September 22 to 26,2008 "Learn @
Work Week" to recognize the importance of public support in the
promotion of workplace learning and development.
(Proclaimed)
D - 4 Reverend H. Joseph Lafave, Trinity United Church, advising of his
frequent use and enjoyment of the Valleys 2000 area as a wonderful
place to walk; acknowledging the suggestion of Reverend Dr. Frank
Lockhart that spawned the Valleys 2000 project and of Reverend
Lockhart's continued involvement and countless hours spent to make
the project a complete and total success; and recommending that the
paved path through the Valleys 2000 be named, along with proper
signage at each entrance, in thanks and honour of Rev. Lockhart's
dedication and commitment to the Valleys 2000 project as "Lockhart
Trail".
Resolution #C-337 -08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Correspondence Item D - 4 from Reverend H. Joseph Lafave, Trinity
United Church requesting that the paved path through the Valleys 2000 be
named "Lockhart Trail" be referred to the Director of Engineering Services.
"CARRIED"
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JUNE 9, 2008
D - 5 Julie C. Oram, AMCT, Director of Corporate Services/City Clerk, City
of Belleville advising Council that on April 14, 2008, the City of
Belleville passed the following resolution pertaining to Carbon Taxes:
"WHEREAS it is becoming increasingly difficult for municipalities in
Ontario to rely solely on increases to property taxes and user rates
as the primary sources of financing needed for upgrades to
municipal infrastructure;
AND WHEREAS the Ontario Government has provided the City of
Toronto with opportunities to raise revenues through various means
not available to other municipalities in the Province of Ontario;
AND WHEREAS there is growing support for the concept of "carbon
taxes" as means to address global environmental issues;
AND WHEREAS municipalities should be empowered to raise funds
to finance needed upgrades to municipal infrastructure in ways other
than just property taxes and user rates;
NOW THEREFORE BE IT RESOLVED that the Council of the City of
Belleville hereby petition the Ontario Government to provide
municipalities with additional powers to raise revenues needed to
finance upgrades to municipal infrastructure, such as those provided
to the City of Toronto and including the opportunity to levy carbon
taxes with such funds to be devoted to environmental projects;
AND FURTHER, that this resolution be forwarded to the Premier of
Ontario, the Association of Municipalities of Ontario, and be
circulated to all municipalities in Ontario."
Resolution #C-338-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the City of Belleville with respect to carbon taxes be
received for information.
"CARRIED"
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JUNE 9, 2008
D - 6 Ken Arnold MB, BCh, President, Ontario Medical Association (OMA),
advising of the Provincial government's intention to create nurse-only
clinics which the OMA believes represents a marked departure from
the government's long-standing commitment to collaborative,
integrated primary care models that serve the best interests of
patients; advising the OMA has long supported the government's
commitment to advancing collaborative models of primary care such
as Family Health Teams where nurses are joining already existing
models which bring together the training and experience of doctors,
with nurses and other health professionals in order to provide the
highest level of quality care by the appropriate provider at the
appropriate time; and hoping that Council will join them in promoting
collaborative care models so that the Province takes whatever steps
necessary to ensure appropriate physician care in the community.
Resolution #C-339-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D - 6 from Ken Arnold MB, BCh, President,
Ontario Medical Association (OMA) with respect to nurse-only clinics be
received for information.
"CARRIED"
Councillor Novak stated a pecuniary interest with respect to Correspondence
Item D - 7 as members of her family are employed by General Motors of
Canada Limited. Councillor Novak did not take part in discussion or voting on
this matter.
D - 7 Don Grant, Local 222, Dwight Harper and Texas MacDonald, Local
598, Canadian Auto Workers Union, requesting Council to support
the following motion pertaining to harassment and workplace
violence and to forward a letter of support to their local MPP:
"WHEREAS sexual harassment is a significant and wide-spread
occupational health and safety hazard for women in the workplace,
and the current workplace legislation has proven to be ineffective in
preventing gendered workplace violence and murder;
AND WHEREAS legislation to provide workplace protection from
sexual harassment and domestic violence has been brought forward
five times since 2001, including Private Members Bills in 2001
(Bill 76), 2003 (Bill 55) 2004 (Bill 126) and 2005 (Bills 35 and 45);
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JUNE 9, 2008
AND WHEREAS including sexual harassment in OHSA was one of
the recommendations of the inquests into the deaths of both
Theresa Vince and Lori Dupont; specifically in the case of Lori
Dupont, recommendation #10 from the verdict of the Coroner's Jury
urges the Ontario Ministry of Labour to undertake a "review of OHSA
to examine the feasibility of including domestic violence (from
someone in the workplace), abuse and harassment as factors
warranting investigation and appropriate action by the Ministry of
Labour... "
WE, the members of the CAW Union request that each municipality
in the Province of Ontario support this motion to:
Amend the Ontario Health and Safety Act to include a personal
safety clause that would offer protections from emotional or
psychological harm as well as from physical harm in the workplace."
Resolution #C-340-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution from Don Grant, Local 222, Dwight Harper and Texas
MacDonald, Local 598, Canadian Auto Workers Union with respect to
harassment and workplace violence be received for information.
"CARRIED"
D - 8 Carolyn Downs, City Clerk, City of Kingston, advising Council that on
May 20, 2008, the City of Kingston passed the following resolution
pertaining to the Ontario Building Code:
"WHEREAS the Ontario Building Code (the Code) regulates the
standard of construction of buildings in Ontario; and,
WHEREAS municipalities may not demand a standard of building
construction that exceeds those standards set out in the Code; and,
WHEREAS climate change is the greatest challenge that we humans
have to face; and,
WHEREAS human greenhouse gas (GHG) emissions are causing
climate change to accelerate at an alarming and unprecedented rate;
and,
WHEREAS the operation of buildings contributes to over 40% of our
GHG emissions; and,
Council Meeting Minutes
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JUNE 9, 2008
WHEREAS the City of Kingston is a member of the Federation of
Canadian Municipalities' Partners in Climate Protection and is
committed to reducing community greenhouse gas emissions by
10% by 2014;
NOW THEREFORE BE IT RESOLVED THAT the Council of the City
of Kingston strongly encourage the Ontario Government to amend
the Ontario Building Code to significantly increase the minimum
requirement for energy and water efficiency within new buildings,
and do so as soon as possible and before the increased
requirements that come into effect in 2011;
AND FURTHER THAT the Council of the City of Kingston strongly
encourage the Ontario Government to amend relevant legislation to
indicate that the Code is the minimum standard for energy and water
efficiency to which builders must adhere, but that municipalities may
pass by-laws that require efficiency standards that exceed the Code
so that community GHG emissions may be reduced;
AND FURTHER THAT this motion be forwarded to the Ontario
Minister of the Environment, the Ontario Minister of Municipal Affairs
and Housing, to all municipalities in Ontario with a population of
50,000 or more to seek their support, and to the Association of
Ontario to lobby on our behalf."
Resolution #C-341-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the resolution from the City of Kingston with respect to the Ontario
Building Code be endorsed 'in principle'.
"CARRIED"
D - 9 Carolyn Downs, City Clerk, City of Kingston, advising Council that on
May 20, 2008, the City of Kingston passed the following resolution
pertaining to Bill 64 - Pesticide Act:
"WHEREAS the City of Kingston passed a by-law regarding the
cosmetic use of pesticides on December 18, 2007, with the by-law
coming into effect on October 15, 2008; and,
WHEREAS the Province of Ontario has given first reading to Bill 64,
"An Act to Amend the Pesticide Act to prohibit the use and sale of
pesticides that may be used for cosmetic purposes"; and
Council Meeting Minutes
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JUNE 9, 2008
WHEREAS Bill 64 is posted on the Environmental Registry, EBR
010-3348 with a deadline for comments of May 22,2008; and,
WHEREAS Bill 64 does not, in some aspects, protect the public from
pesticide use as effectively as Kingston's by-law will when it comes
into force; and,
WHEREAS the proposed provincial law says in section 7.1 (5) that "A
municipal by-law is inoperative if it addresses the use, sale, offer for
sale or transfer of a pesticide that may be used for a cosmetic
purpose", thereby overriding Kingston's by-law;
NOW THEREFORE BE IT RESOLVED THAT City staff be directed
to respond to the Environmental Registry posting by the deadline
stating that the City of Kingston:
. supports Bill 64 generally
. does not support section 7.1 (5) which makes municipal by-
laws regarding pesticides inoperative
. requests that the provincial government's pesticide law follow
the approach in The Smoke Free Ontario Act which states
that "if there is conflict between [the Act] and a provision of
another Act, a regulation or a municipal by-law that deals with
smoking, the provision that is more restrictive of smoking
prevails."
. requests that the provincial government allow municipalities
to retain their power to make pesticide by-laws
acknowledging public health and local needs and consistent
with recent changes to the Municipal Act that recognize
municipalities' powers to act to protect human health and the
environment;
AND FURTHER THAT Council's decision be sent to all municipalities
with a population over 50,000 in Ontario, the Association of
Municipal Managers, Clerks and Treasurers of Ontario (AMCTO), the
Association of Municipalities of Ontario (AMO), the Federation of
Canadian Municipalities (FCM) and the Honourable John Gerretsen,
Ontario Minister of the Environment as soon as possible."
Council Meeting Minutes
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JUNE 9, 2008
Resolution #C-342-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the resolution from the City of Kingston with respect to Bill 64 - Pesticide
Act be received for information.
D - 10
"CARRIED"
Gord Wallace, Bowmanville Rotary Club, Chair, Bowmanville Ribfest
advising the Rotary Club will be hosting "Ribfest" on June 27 to
July 1, 2008 at the Garnet Rickard Complex and requesting that the
fees be waived for their carnival area. The money generated from
the carnival will be directed towards the community rather than any
enterprising individual or company.
Resolution #C-343-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the request from Gord Wallace, Bowmanville Rotary Club, Chair, Bowmanville
Ribfest for waiver of fees for their carnival area on June 27 to July 1, 2008 be received
for information as the matter has been resolved.
D - 11
"CARRIED"
Mayor John Gray, City of Oshawa, writing to the Honourable Dalton
McGuinty, Premier of Ontario, urging the Province to seriously
consider the Darlington Nuclear site in the Municipality of Clarington
as the selected site for new nuclear reactors to be constructed.
Mayor Gray is confident the business model for the expansion of
Darlington exceeds provincial requirements and in light of the recent
announcement of the planned closure of General Motors of Canada
Truck Assembly Plant in Oshawa, the decision to select Darlington
as the site will give Durham Region the boost of confidence it
desperately requires.
Council Meeting Minutes
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JUNE 9, 2008
Resolution #C-344-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Correspondence Item D - 11 from Mayor John Gray, City of Oshawa urging the
Province to seriously consider the Darlington Nuclear site in the Municipality of
Clarington as the selected site for new nuclear reactors be endorsed; and
THAT a letter of appreciation be forwarded to Oshawa City Council for their
endorsement of the Clarington site for nuclear new build.
D - 12
D - 13
D - 14
"CARRIED"
Michael Patrick, President, Clarington Board of Trade, writing to the
Honourable Dalton McGuinty, Premier of Ontario, on behalf of 300
businesses, urging the Province to select Clarington as the site for
locating new nuclear build. Mr. Patrick indicates that Clarington is
the host community to Ontario Power Generation's Darlington
Nuclear Generation site, the businesses of Clarington recognize the
importance of new nuclear capacity in Ontario, new build will benefit
the economic development and growth potential for business in the
community and that they feel that from a technical, social and
business standpoint, Clarington is the obvious choice for nuclear
new build.
Don Lovisa, President, Durham College, writing to the Honourable
Gerry Phillips, Minister of Energy, in support of locating Ontario's
nuclear new build in the Municipality of Clarington. Mr. Lovisa
indicates that Durham College graduates have been moving on to
careers in the nuclear industry and locating new nuclear generation
in Clarington is the best choice for the future as the facility would be
near the large population areas of southern Ontario, would be in a
community that openly supports nuclear power and through Durham
College and the University of Ontario Institute of Technology
provides the next generation of nuclear workers.
Dr. Ronald Bordessa, President, University of Ontario Institute of
Technology, (UOIT) writing to the Honourable Gerry Phillips, Minister
of Energy, in support of locating Ontario's nuclear new build in the
Municipality of Clarington. Dr. Bordessa indicates that UOIT has had
a very beneficial relationship with both nuclear generating stations in
Durham Region, the nuclear industry is an invaluable resource in the
delivery of the university's Nuclear Engineering program, and that
locating new nuclear generation in Clarington is the best choice for
the future.
Council Meeting Minutes
- 20-
JUNE 9, 2008
Resolution #C-345-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Items D - 12 from Michael Patrick, President,
Clarington Board of Trade, D - 13 from Don Lovisa, President, Durham College
and D - 14 from Dr. Ronald Bordessa, President, University of Ontario Institute
of Technology, (UOIT) in support of locating Ontario's nuclear new build in the
Municipality of Clarington be endorsed; and
THAT a letter of appreciation be forwarded to Michael Patrick, Don Lovisa, and
Dr. Ronald Bordessa for their endorsement of the Clarington site for nuclear
new build.
"CARRIED"
COMMITTEE REPORT(S}
Report #1 - General Purpose and Administration Committee Report June 2,2008
Resolution #C-346-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of June 2,2008, be
approved, with the exception of Items #3, #13, #21 and #22.
"CARRIED"
Item # 3
Resolution #C-347 -08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-051-08 be received;
THAT the application submitted by Bowmanville Creek Developments Inc. be further
processed by staff for the preparation of a further report following the receipt of all
outstanding information and agency comments;
THAT a copy of Report PSD-051-08 and Council's decision be forwarded to the
Regional Municipality of Durham Planning Department; and
THAT all interested parties listed in Report PSD-051-08 and any delegations be
advised of Council's decision.
"CARRIED"
Council Meeting Minutes
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JUNE 9, 2008
Item # 13
Resolution #C-348-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Item 13 of Report #1 - Community Services Department Strategic Plan be
tabled until the Director of Community Services returns to work and has an opportunity
to meet with the Clarington Older Adults Association.
"CARRIED"
Item # 21
Resolution #C-349-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the delegation of Ms. Kristin Robinson be received with thanks; and
THAT the petitions regarding EFW and the proposed incinerator be referred to the
DurhamlYork Residual Waste Environmental Assessment Process.
"CARRIED"
Item # 22
Resolution #C-350-08
Moved by Councillor Trim, seconded by Councillor Robinson
WHEREAS the Government of Ontario is preparing to make an important decision
pertaining to the location of new nuclear reactors;
WHEREAS the past and present Council of the Municipality of Clarington supports
nuclear energy;
WHEREAS the Municipality of Clarington has enjoyed a long-standing, positive, open,
transparent and mutually supportive relationship with Ontario Power Generation
(OPG) and is confident in OPG's safe and reliable operation of the Darlington
Generating Station;
WHEREAS during the week of June 1,2008 the General Motors Corporation
announced the plant closure of all operations at their truck plant in Oshawa in 2009;
Council Meeting Minutes
- 22-
JUNE 9, 2008
WHEREAS this announcement has created total fear and panic already within our
community and beyond;
WHEREAS this announcement will result in the loss of 2600 full-time permanent jobs
plus hundreds of more support jobs;
NOW THEREFORE BE IT RESOLVED THAT the Premier of the Province of Ontario
and the Provincial Minister of Energy be advised that the Council of the Municipality of
Clarington fully supports Nuclear New Build at the Darlington Generating Station "B"
site;
AND FURTHER THAT this resolution be forwarded to the Province of Ontario and to
the Regional Municipality of Durham.
"CARRIED"
STAFF REPORTS
Confidential Report of the Solicitor Regarding a Legal Matter
Resolution #C-351-08
Moved by Councillor Woo, seconded by Councillor Trim
THAT the recommendations contained in the Confidential Memorandum from the
Solicitor dated June 3, 2008, be approved.
"CARRIED"
BUSINESS ARISING FROM NOTICE OF MOTION
There were no Notice of Motions previously given.
UNFINISHED BUSINESS
Resolution #C-352-08
Moved by Councillor Woo, seconded by Councillor Trim
THAT the Addendum Report to FND-012-08 be received;
THAT Report FND-012-08 be lifted from the table;
THAT the Development Charges Amendment Study, May 2008, prepared by Hemson
Consulting Ltd. be approved;
Council Meeting Minutes
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JUNE 9, 2008
THAT the Development Charges quantum for Residential charges be approved as
follows, subject to annual indexing:
Residential
Single and Semi
Townhouse and Row
Large Apartment
Small Apartment
July 1, 2008 Jan 1, 2009
$13,012 $14,538
$11,353 $12,662
$ 8,907 $9,989
$ 5,651 $6,331
THAT the Development Charge quantum for both Non-Residential - Industrial and
Non-Residential - Excluding Industrial charges be phased-in for all units, as follows,
subject to annual indexing:
Non-Residential - Excluding
Industrial (per sq. m.)
July 1, 2008
July 1, 2009
July 1, 2010
July 1, 2008
Jan 1, 2009
July 1, 2009
$26.98
$30.96
$35.03
$48.35
$55.16
$61.97
Non-Residential - Industrial
(per sq. m.)
THAT Council in approving the Amendment Study expresses its intent to ensure that
the increase in the need for services attributable to the anticipated development will
be met and that any future excess capacity identified in the Study will be paid for by
development charges or other suitable charges to protect the public interest;
THAT Council has reviewed the changes made to the draft By-Law and after having
considered the changes, Council determined that there is not a need for an additional
public meeting;
THAT for completed applications as determined by the Chief Building Official received
on or before June 30, 2008, where the permit is issued and development charges paid
by September 12, 2008, that the applicable development charges be calculated based
on By-Law 2005-108, prior to the amendment proposed as attached to Addendum to
Report FND-012-08;
THAT By-Law attached to Addendum to Report FND-012-08 (Attachment "A") be
approved to amend By-Law 2005-1 08; and
THAT the Region of Durham and recorded interested parties be provided a copy of
Addendum to Report FND-012-08 and be notified of Council's decision.
"CARRIED"
Council Meeting Minutes
- 24-
JUNE 9, 2008
Resolution #C-353-08
Moved by Councillor Novak, seconded by Councillor Woo
THAT the presentation of Bob M. Kenney be received with thanks; and
THAT Council looks forward to being kept apprised of any new developments.
"CARRIED"
Resolution #C-354-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the presentation of Maureen Carter-Whitney be received with thanks; and
THAT the recommendations be referred to stafffor comment on the CIELAP
recommendations presented by Ms. Carter-Whitney.
"CARRIED"
BY-LAWS
Resolution #C-355-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-096 to 2008-106, inclusive
2008-096 Being a by-law to authorize the execution of Minutes of Settlement
of the action to commence by Macourtice Developments Inc.
Against the Municipality of Clarington and the Satisfaction Piece
contained in Schedule B of the Minutes of Settlement
2008-097 Being a by-law to authorize the execution of the Second Amending
Agreement to the agreement between the Municipality of
Clarington, Claret Investments Ltd. and 1361189 Ontario Limited
dated June 24, 2002
2008-098 Being a By-law to amend By-law 86-112, a by-law to establish a
Street Name Map and Street Name Inventory in the Municipality of
Clarington
2008-099 Being a By-law to adopt Amendment No. 62 to the Clarington
Official Plan
Council Meeting Minutes
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JUNE 9, 2008
2008-100 Being a By-law to appoint a Municipal Law Enforcement Officer
(Aaron Coutu)
2008-101 Being a By-law to appoint a Municipal Law Enforcement Officer
(Ritchie Jacobs)
2008-102 Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Newcastle
Fellowship Baptist Church, Newcastle, Ontario, for the legal
right-of-way of the existing driveway at the Newcastle Fellowship
Baptist Church, 200 King Avenue, East, Newcastle, Ontario
2008-103 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Cobourg Development Services,
Cobourg, Ontario for the Mearns Avenue and Concession Road 3
Reconstruction
2008-104 Being a By-law to amend Municipality of Clarington Development
Charge By-law No. 2005-108, as amended by By-law No.
2007 -195 and By-law 2006-160
2008-105 Being a By-law to appoint individuals as Parking Enforcement
Officers for Private Property (47 Liberty Street South)
2008-106 Being a By-law to appoint individuals as Parking Enforcement
Officers for Private Property (4098 Regional Road #9); and
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
Opportunities for commuter parking lots were discussed. The Director of Planning
Services and the Director of Engineering Services will consider this matter and report
back to Council.
Councillor Foster requested that the Mayor's office draft a letter as an expression of
support to be presented to GPA in response to the recent announcement at General
Motors concerning the closure of the Truck Plant.
Council Meeting Minutes
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JUNE 9, 2008
CONFIRMING BY-LAW
Resolution #C-356-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-107, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 9th day of June, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-357-08
Moved by Councillor Robinson, seconded by Councillor Woo
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