HomeMy WebLinkAbout07/14/2008
Council Meeting Minutes
JULY 14,2008
Minutes of a regular meeting of Council held on July 14,2008, 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, attended until 9:40 p.m.
Manager of Transportation and Design, L. Benson, attended until
9:40 p.m.
Solicitor, D. Hefferon
Director of Operations, F. Horvath, attended until 9:40 p.m.
Manager of Special Projects, F. Langmaid
Director of Corporate Services and Human Resources, M. Marano,
attended until 9:40 p.m.
Manager of Community Planning and Design, C. Salazar, attended
until 9:40 p.m.
Director of FinancelTreasurer, N. Taylor, attended until 9:40 p.m.
Communications Co-ordinator, J. Vreeker, attended
until 7:25 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended until
9:40 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming, attended until
9:40 p.m.
Deputy Clerk, A. Greentree
DISCLOSURES OF PECUNIARY INTEREST
Councillor Novak indicated that she would be stating a pecuniary interest with respect
to Correspondence Item D - 9.
Council Meeting Minutes
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July 14, 2008
ANNOUNCEMENTS
Councillor Hooper announced the following:
. On Saturday, July 12, 2008, he took part in the East Cross Forest Community
Clean-up Event sponsored by the Kawartha Conservation Authority. The event
was very successful with a tremendous amount of garbage, tires, vehicles and
parts removed from the property in preparation for the Official Opening in 2009.
Councillor Hooper extended appreciation to Kristie Virgoe, Manager of
Kawartha Conservation's Environmental Protection and Restoration.
. On Friday, July 11, 2008, he attended a "New Beginnings" fundraising dance in
support of victims of the fire in the Bowmanville downtown core.
Councillor Hooper thanked the organizers and participants for making the event
a success.
. The Bowmanville 150th Sesquicentennial Organizing Committee has held a
wrap-up session. Councillor Hooper thanked Council for the municipal grant
and advised that 150th souvenir books, DVD's and lapel pins are still available
for purchase.
Councillor Novak extended appreciation to event organizers, staff and the community
at large for the success of Bowmanville's 150th Anniversary celebrations.
Councillor Novak also advised of activity on the site of the new Emergency Medical
Station in Courtice with work starting to prepare the ground to move forward with the
project.
Councillor Foster advised that the Courtice Rotary Club recently hosted Rick Mercer
and Belinda Stronach. He also extended congratulations to the Courtice Lions Club
for completing upgrades to the Courtice Lions Millennium Trail and advised that news
on a significant grant would be forthcoming.
Councillor Woo advised of the following:
. On Saturday, July 12, 2008, the 15t Annual Clarington Artist and Artisans
One-of-a-Kind Show was held at the Newcastle waterfront showcasing the
talents of many local artists and artisans.
. The Clarington Music Festival was held on July 12, 2008, at the Orono
Fairgrounds offering a range of musical entertainment.
. On Saturday, July 19, 2008, the 14th Annual Wooden Boat Show will be held at
the Port of Newcastle.
Council Meeting Minutes
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July 14, 2008
Mayor Abernethy expressed appreciation to the local press for the coverage of the
Municipality's Official Plan Review process.
Mayor Abernethy also announced the following:
. The Mayor's Golf Tournament will be held on Thursday, July 17, 2008, at the
Bowmanville Golf Club. Tickets are still available with proceeds in support of
the Bowmanville Memorial Hospital Foundation's "Touching Lives" Campaign.
. An Educational Open House hosted by the Trillium Foundation, an agency of
the Ontario Government providing funding for the not-for-profit sector, will be
held on August 20, 2008, at 6:30 p.m. in the Council Chambers providing an
overview of grants available and the application process. Further information is
available from the Trillium Foundation by calling 1-866-443-3808.
PRESENTATIONS
Mayor Abernethy welcomed Mayor Pat Perkins of the Town of Whitby.
Mayor Perkins addressed Council concerning the friendly waste diversion challenge
between the Town of Whitby and the Municipality of Clarington during "Pitch-In Week"
2008. Mayor Perkins expressed appreciation to Council for taking up the challenge as
it was not about winning or losing but about bringing awareness to the issue of waste,
how it is dealt within our communities and to better understand the options in diverting
it. Mayor Perkins acknowledged that diversion methods are different between Whitby
and Clarington and that Whitby had the honour of achieving a diversion rate of 68%
last year, the highest rate in the Region. Mayor Perkins encouraged the public to get
on track when the programs become available in Clarington in the near future. She
presented a certificate to Mayor Abernethy and Members of Council on behalf of the
Members of Council and the citizens of the Town of Whitby, congratulating the
Municipality of Clarington for their success in collecting a higher tonnage of material
for the friendly challenge during the "Pitch-In Week" activities.
Mayor Abernethy presented Mayor Perkins with a signed copy of the commemorative
book "150 Images" signed by Kevin Anyan and Charles Taws, capturing the heritage
and history of the Town of Bowmanville.
Council Meeting Minutes
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July 14, 2008
MINUTES
Resolution #C-387 -08
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the minutes of a regular meeting of Council held on June 23, 2008, be
approved.
"CARRIED"
PRESENTATIONS (cont'dl
Mayor Abernethy presented Donald Welsh with the 2008 Senior of the Year Award
and acknowledged Mr. Welsh's many years of voluntary service to the community
working tirelessly for many organizations and filling many roles including: Past
President of the Orono Fair Board, Past President of the Durham Region of
Agriculture Committee, Chairman of the Santa Claus Parade Committee for 11 years,
Past President of the Rotary Club of Bowmanville, 4H leader for over 40 years, Past
President of the Holstein Club. Mayor Abernethy also acknowledged Mr. Welsh's
receipt of the JC Young Farmer of the Year. Mayor Abernethy advised Mr. Welsh has
been instrumental in the success of the Clarington Older Adult Association by
committing many days, nights and weekends to the Association and has been a
President, Past President and today is an active Director on the Board ensuring the
older adults of Clarington have a place to call home.
DELEGATIONS
Corey Barr addressed Council concerning Item 1 of Unfinished Business - Application
for Proposed Draft Plan of Subdivision, Official Plan Amendment and Zoning By-law
Amendment, thanking staff of the Departments of Planning Services and Engineering
Services for their efforts to date in advancing the development and the amendment to
the parkland issue. Mr. Barr also thanked Council in advance, in anticipation that the
development will be approved later in the meeting.
Council Meeting Minutes
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July 14, 2008
Peter Evans, President, Clarington Older Adults Association, addressed Council
concerning Item 28 of Report #1 - Report COD-047 -08 - Bowmanville Tennis Club -
Lease Renewal, stating the Board is disappointed and concerned with outcome of the
General Purpose and Administration meeting of July 7, 2008, as Council is
considering a longer lease for the Bowmanville Tennis Club at the Beech Centre.
Mr. Evans advised that on March 25, 2008, he addressed Council regarding the
difficult parking situation at the Centre and requested that Council negotiate a short-
term lease of the tennis court to allow time to fully explore and consider all options to
determine a solution and develop an implementation plan. Mr. Evans advised they
will be reporting back to Council by mid-2009 on the parking study and that next steps
may involve exploring the footprint of the centre and investigating the merits of
relocating the Tennis Club. Mr. Evans stated he is in attendance to repeat the request
and to ask Council not to tie up the Beech Centre site with lengthy leases that will
impede an engineered solution to the Centre's parking needs.
In response to questions Mr. Evans acknowledged he was aware that Community
Care Durham would be moving to space vacated by Total Hockey and that the
agreement with the Tennis Club does have a twelve-month cancellation clause.
Mr. Evans feels that the move to extend the fixed term is an affront to their request. In
response to further questions, Mr. Evans stated it was his impression that staff was
working on a two-year fixed lease.
Don Welsh, Clarington Older Adults Association declined to address Council.
Angie Darlison, Executive Director, Clarington Older Adults Association, addressed
Council concerning Item 22 of Report #1 - Report COD-039-08 RFP2008-2 - Garnet
B. Rickard Recreation Complex - Lease Space stating she is in support of the
recommendations contained in the staff report. Ms. Darlison stated since opening the
Beech Centre in 1998, the organization has experienced significant growth from 266
members to 900 members and they are currently limited in space at the facility.
Ms. Darlison hopes that Council will take into consideration the needs of the
Clarington Older Adult Association as they relate to the sublease for the Beech
Centre. She advised it has been a pleasure to work with Community Care Durham,
wished them well in their new location, and will continue to work with them.
In response to questions, Ms. Darlison stated the Centre has fluctuated their hours
and staggered programming and that space vacated by Community Care Durham will
free up twelve parking spaces. She stated the Association has made a request for
support in developing a strategic plan and have meetings set up with local hall boards
for satellite programming and that this will be a priority for them going into the fall
session. In response to further questions, Ms. Darlison stated that space for an
additional 48 to 50 cars would be available if the tennis courts were relocated and that
it was her understanding that any member of the public may join the Tennis Club,
provided they pay their membership dues, and that some members of the Centre are
also members of the Tennis Club.
Council Meeting Minutes
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July 14, 2008
Mary Flynn-Guglietti, Solicitor, MacMillans LLP, on behalf of Bowmanville Creek
Developments Inc. (Torgan Group), addressed Council concerning Item 9 of Report
#1 - Report PSD-077 -08 Applications to Amend the Clarington Official Plan and
Zoning By-Law by Bowmanville Creek Developments Inc., to permit a wider range of
commercial uses stating her client is basically seeking a deferral of the application
until the fall as they had only a brief review of the report prior to the General Purpose
and Administration Committee meeting on July 7,2008. There were a number of
issues raised and her clients would like the opportunity to meet with staff to investigate
alternatives or to further review. Ms. Flynn-Guglietti acknowledged a number of
existing uses have been removed and stated a deferral to the fall would provide time
for her clients to review the matter and avoid exercising the option of appealing to the
Ontario Municipal Board.
Ms. Flynn-Guglietti was requested to convey property maintenance issues to her
clients.
Kem Majid, President, Bowmanville Tennis Club, addressed Council concerning Item
28 of Report #1 - Report COD-047 -08 - Bowmanville Tennis Club - Lease Renewal.
Mr. Majid provided a history of the formation and operation of the Bowmanville Tennis
Club and the construction of the tennis courts. Mr. Majid stated he has been
President of the Bowmanville Tennis Club since 1985 and was instrumental in
showing members how they could afford to build proper tennis courts on the facility.
Mr. Majid stated that currently, members pay a small fee to join the Club with the fees
used to run the Club and any excess funds reserved to pay for resurfacing the courts
every five to six years. Mr. Majid stated with the Lions Club they had a twenty-year
lease and the Club has been working with the Municipality to extend their lease and
that he would be happy to sign the lease on behalf of the Bowmanville Tennis Club.
In response to questions, Mr. Majid confirmed that no applicant has been declined
membership and that each member is provided with a key to the courts, subject to
paying a refundable deposit. He noted that there is virtually no vandalism to the
courts as only members have access. In response to further questioning, Mr. Majid
acknowledged that they work with the Clarington Older Adult Association regarding
parking issues and that members are requested to carpool, park on the street or take
transit when the Beech Centre is hosting a special event. In response to further
questions, Mr. Majid stated parking was never an issue until the last five to seven
years and that a maximum of sixteen cars associated with the Tennis Club, would be
on site at any given time. He also stated that a three-year term would provide the
Club with more stability. He expressed concerns with the proposed three one-year
extension options as it causes unnecessary anxiety each year. Mr. Majid also advised
that the present facilities have not been paid for by the municipality and that the public
will not pay their own money to build more courts. Mr. Majid estimated that to build
four to six courts would be approximately $500,000 plus land costs and parking.
Council Meeting Minutes
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July 14, 2008
COMMUNICATIONS
Resolution #C-388-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the communications to be received for information be approved, with the
exception of Items 1-2, 1-9, 1- 12, 1-21 and 1-22.
"CARRIED"
I - 1 Minutes of the Clarington Traffic Management Advisory Committee
dated May 15, 2008.
I - 3 Minutes of the Central Lake Ontario Conservation Authority dated
June 17, 2008.
I - 4 Minutes of the Animal Advisory Committee dated June 11, 2008.
I - 5 Minutes of the Durham Nuclear Health Committee dated June 13,
2008.
I - 6 Mayor Pat Perkins, Town of Whitby, thanking Council for participating
in the friendly waste diversion challenge during "Pitch-In Week", from
April 19, to 28, 2008; advising the Town of Whitby volunteers
collected 4.72 tonnes of waste; indicating she is looking forward to
hearing Clarington's results; and, hoping that the media coverage will
help to underscore the need to expand recycling programs in order to
eliminate as much waste as possible from going to landfill.
I - 7 Dr. Paul-Andre Larose forwarding a copy of his written submission to
Regional Council on June 18, 2008 concerning energy-from-waste, -
E.A. Process: The Incinerator Project: Failure Modes, in which he
expresses the importance of designing the Emission Control System
(ECS) for the worst conditions and suggests that Durham Council
consider unavoidable failure modes before concluding that the
exposure values will be acceptable and that discussions as to
acceptable exposure levels due to uncontrolled releases and remedial
actions under such conditions be undertaken prior to the project
proceeding any further. Attached to the correspondence is a copy of
a working paper prepared by Dr. Larose entitled "Reflections on
Health Monitoring and Incineration".
Council Meeting Minutes
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July 14, 2008
I - 8 Lisa Rodd forwarding correspondence in opposition to the proposed
energy-from-waste facility due to the devastating and detrimental
effects it will have on the health of her son, who has beaten childhood
cancer, and other children who are undergoing treatment.
1-10 Patsy Thompson, Ph.D., Director General, Directorate of
Environmental and Radiation Protection and Assessment, Canadian
Nuclear Safety Commission, (CNSC) forwarding a draft document
entitled "Process Improvement Initiatives for Screening Environmental
Assessments at the CNSC" outlining proposed changes to deliver a
more efficient process for screening EAs and inviting comments by
July 18, 2008. A copy of the document is available at
www.nuclearsafety.qc.ca.
I - 11 P. M. Madill, Regional Clerk, Region of Durham, writing to Ken Nash,
President, Nuclear Waste Management Organization (NWMO),
advising that on June 18, 2008, Regional Council passed the
following resolution pertaining to NWMO's Update and Response to
Draft Documents: "Implementing Adaptive Phased Management
2008 to 2012" and "NWMO Transparency Policy":
"a) THAT the Nuclear Waste Management Organization be advised
of the Region's continued strong interest in being actively
engaged in the process for implementing the Adaptive Phased
Management approach for the long-term management of
Canada's used nuclear fuel waste;
b) THAT Report #2008-P-53 of the Commissioner of Planning be
forwarded to the Nuclear Waste Management Organization as
the Region's response to the draft documents entitled
"Implementing Adaptive Phased Management 2008 to 2012" and
"NWMO Transparency Policy"; and
c) THAT a copy of Report #2008-P-53 be forwarded to the area
municipalities, the Federal Minister of Natural Resources, the
Ontario Minister of Energy, the Ontario Minister of the
Environment, Durham's MPs and MPPs , and the Canadian
Association of Nuclear Host Communities (CANHC)."
Council Meeting Minutes
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July 14, 2008
I - 13 P. M. Madill, Regional Clerk, Region of Durham, writing to Ron Glenn,
Director, Growth Policy, Planning and Analysis Branch, Ministry of
Public Infrastructure Renewal advising that on June 18, 2008,
Regional Council passed the following resolution pertaining to the
Growth Plan for the Greater Golden Horseshoe - Planning for
Employment in the Greater Golden Horseshoe, Background Paper
and the Standing Committee Correspondence No. 2008-60 from the
Ministry of Public Infrastructure and Renewal - Ontario Growth
Secretariat:
"a) THAT Report #2008-P-57 of the Commissioner of Planning be
submitted to the Ministry of Public Infrastructure Renewal as the
Region's comments on the "Planning for Employment in the
Greater Golden Horseshoe", Background Paper; and
b ) THAT a copy of Report #2008-P-57 be forwarded to the area
municipalities."
1-14 The Honourable Bev Oda, P.C., M.P., Durham, thanking the
municipality for support and assistance provided to the May 31, 2008
"Durham Support Our Troops Rally" which was crucial to making the
important event a great success.
I - 15 Port Granby Project forwarding the executive summary of the 2007
public attitude survey conducted by Intellipulse Ltd., in the local study
area for the Port Granby Project; advising 119 replies were received
in 2007 and an additional five responses received in March 2008; and
advising that the complete survey has been sent to some local
residents, executive members of the South East Clarington
Ratepayers Association and to those who requested a copy of the
results in their reply. A copy of the complete survey can be requested
by calling Sandy Holmes or Sue Stickley at 905-885-0291 or 1-866-
255-2755.
1-16 P. M. Madill, Regional Clerk, Region of Durham, advising that on
June 18, 2008, Regional Council passed the following resolution
pertaining to activities relating to Drinking Water Source Protection
and the Implementation of the Clean Water Act and Regulations:
"THAT Joint Report No. 2008-J-21 of the Commissioner and Medical
Officer of Health, Commissioner of Planning, and Commissioner of
Works be received for information and forwarded to the Durham area
municipalities for information."
Council Meeting Minutes
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July 14, 2008
1-17 P. M. Madill, Regional Clerk, Region of Durham, writing to Natural
Resources Canada, advising that on June 18, 2008, Regional Council
passed the following resolution pertaining to the final report results
from Durham Region's Water and Energy Efficient Demonstration
Community in the Town of Ajax:
"a) THAT Report No. 2008-W-87 of the Commissioner of Works be
received for information; and
b ) THAT a copy of Report No. 2008-W-87 be forwarded to the
area municipalities, Natural Resources Canada and Tribute
Communities, the builder."
1-18 P. M. Madill, Regional Clerk, Region of Durham, advising that on
June 18, 2008, Regional Council passed the following resolution
pertaining to clear plastic bags for the collection of garbage:
"a) THAT the Region implement a (3) month clear bag pilot
program for garbage collection for approximately 1,500 homes
(two collection routes), with one route in the City of Pickering
and one route in the Municipality of Clarington commencing in
January 2009 at an estimated cost of $30,000 to be financed
from the 2008 Solid Waste Management Services Budget;
b ) THAT Regional staff be authorized to investigate potential
funding partnerships for the recommended three (3) month clear
bag pilot program for garbage collection in two (2) highrise
apartment buildings, one(1) in the Town of Ajax and one (1) in
the City of Oshawa, commencing January 2009;
c) THAT staff be authorized to retain a consultant, at an estimated
cost of $45,000, to work with Regional staff in investigating and
reporting on existing and potential new options to increase the
Region's diversion rate to 70 percent by the end of 2010 (less
than three years), including cost implications, advantages and
disadvantages for each option, and lessons learned from North
American and European experiences, to be funded by the 2008
Solid Waste Management Services Budget; and
d) THAT copies of Report No. 2008-WR-20 of the Commissioner
of Works be forwarded to all eight local area municipalities."
Council Meeting Minutes
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July 14, 2008
1-19 P. M. Madill, Regional Clerk, Region of Durham, writing to
Beverley Thorpe, Project Manager, CTC Source Protection Region,
advising that on June 18, 2008, Regional Council passed the
following resolution pertaining to the CTC (Credit
ValleylToronto/Central Lake Ontario) Source Protection Committee
Draft Proposed Terms of Reference Documents:
a) THAT the CTC Source Protection Committee and Toronto
Region Source Protection Authority be requested to include the
Uxville municipal non-residential water supply system within the
scope of the Terms of Reference, Assessment Report and
Source Protection Plan for the Toronto Region source
protection area;
b ) THAT Regional staff be authorized to undertake the technical
studies for the municipal wellhead protection area for the Uxville
water supply system as outlined in the TRSPA terms of
reference to assist with the preparation of the Assessment
Report and Source Protection Plan;
c) THAT the CTC Source Protection Committee be requested to
add to both the TRSPA and CLOSPA Terms of Reference
documents a task and related funding to support Durham
Region's participation in leading and coordinating source
protection policy development to ensure consistency across
Durham Region;
d) THAT the Councils of the Cities of Oshawa and Pickering, the
Towns of Whitby and Ajax, the Municipality of Clarington, and
the Townships of Scugog and Uxbridge be so advised; and
e ) THAT a copy of Report No. 2008-J-22 be forwarded to
Ms. Beverley Thorpe, Toronto Region Source Protection
Authority."
1-20 P. M. Madill, Regional Clerk, Region of Durham, writing to
Glenda Rodgers, Project Manager, TCC Source Protection Region,
advising that on June 18, 2008, Regional Council passed the
following resolution pertaining to the TCC (Trent Conservation
Coalition) Source Protection Committee Draft Proposed Terms of
Reference Documents:
"a) THAT in response to the draft proposed Terms of Reference
document for the Ganaraska Region source protection area, the
Regional Municipality of Durham:
Council Meeting Minutes
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July 14, 2008
i) agrees to undertake the technical studies in Durham Region
municipal wellhead protection areas and lead the Durham
policy development task as outlined in the draft proposed
terms of reference document to assist with the preparation of
the Assessment Report and Source Protection Plan; and
ii) recognizes that the costs identified in the Terms of
Reference are estimates only, and that once the scope of
the work is finalized, the costs and agreement will be
negotiated with the Lower Trent Source Protection Authority
(L TSPA) in the TCC Source Protection Region;
b) THAT in response to the draft proposed Terms of Reference
document for the Kawartha-Haliburton source protection area,
the Regional Municipality of Durham:
i) agrees to undertake the technical studies in Durham Region
municipal wellhead protection areas and lead the Durham
policy development task as outlined in the draft proposed
terms of reference document to assist with the preparation
of the Assessment Report and Source Protection Plan; and
ii) recognizes that the costs identified in the Terms of
Reference are estimates only, and that once the scope of
the work is finalized, the costs and agreement will be
negotiated with the Lower Trent Source Protection Authority
(L TSPA) in the TCC Source Protection Region;
c) THAT the Councils of the Municipality of Clarington and the
Townships of Scugog and Brock be so advised; and
d) THAT a copy of Report No. 2008-J-23 be forwarded to
Ms. Glenda Rodgers, Lower Trent Source Protection Authority."
I - 23 The Honourable Jim Bradley, Minister, Ministry of Transportation,
advising that funds in the amount of $1 ,913,794 are being provided to
the Municipality of Clarington for the purpose of funding municipal
road and bridge capital investment needs; outlining the reporting and
accountability provisions that apply to the transfer; and, advising that
the Ministry looks forward to receiving information on how the grant
was used and the outcomes achieved.
Council Meeting Minutes
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July 14, 2008
I - 24 R. A. Fowler, Secretary, Ontario Property and Environmental Rights
Alliance (OPERA) expressing concern with the process undertaken
with respect to the enactment of the Endangered Species Act and
forwarding a copy of the Ivey Foundation Report "The Making of
Ontario's New Endangered Species Act: A Campaign Summary
Report, December 2007" confirming that five professional lobby
groups formed The Save Ontario's Species (S.O.S.) coalition in 2005
to devise Ontario's new ESA legislation prior to its introduction as a
Ministry of Natural Resources invention. The correspondence states it
appears that municipalities were not consulted when the lobby groups
undertook to create new ESA legislation in 2005 indicating that local
government has become subordinate to the ambitions of special
interest groups in Ontario.
I - 25 P. M. Madill, Regional Clerk, Region of Durham, forwarding a certified
copy of Regional By-law 39-2008, being a by-law regarding
development charges for transit services and advising that any
person or organization may appeal to the Ontario Municipal Board by
filing a Notice of Appeal with the Regional Clerk on or July 28, 2008.
I - 26 P. M. Madill, Regional Clerk, Region of Durham, forwarding a certified
copy of Regional By-law 44-2008, being a by-law regarding
development charges and advising that any person or organization
may appeal to the Ontario Municipal Board by filing a Notice of
Appeal with the Regional Clerk on or July 28, 2008.
I - 27 P. M. Madill, Regional Clerk, Region of Durham, forwarding a certified
copy of Regional By-law 45-2008, being a new area specific by-law
regarding development charges for sanitary sewerage works for the
Carruthers Creek Development Area and advising that any person or
organization may appeal to the Ontario Municipal Board by filing a
Notice of Appeal with the Regional Clerk on or July 28, 2008.
I - 28 P. M. Madill, Regional Clerk, Region of Durham, forwarding a certified
copy of Regional By-law 46-2008, being a new area specific by-law
regarding development charges for water supply service for the
Carruthers Creek Development Area and advising that any person or
organization may appeal to the Ontario Municipal Board by filing a
Notice of Appeal with the Regional Clerk on or July 28, 2008.
Council Meeting Minutes
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July 14, 2008
I - 29 Stewardship Ontario, an industry funding organization operating Blue
Box materials and municipal hazardous waste programs, advising of
new waste diversion program targets for Municipal Hazardous or
Special Waste (MHSW) aimed at doubling recovery rates over five
years by substantially increasing the number of collection event days
so that people throughout Ontario have improved access to
opportunities to take unwanted MHSW materials to an appropriate
location. Under the new program, industry will pay approximately
80% of the total program cost while municipalities will cover the
balance. The cost in year one is expected to be $28 million. Further
information is available on Stewardship Ontario's new interactive
website at www.dowhatyoucan.ca.
I - 30 Heather Stuart and Pat Clancy requesting Council to do everything in
their power to stop the proposed incinerator from being located in
Clarington.
I - 31 Michael Patrick, President, Clarington Board of Trade writing to the
Right Honourable Dalton McGuinty, Premier of Ontario extending
appreciation to the Province for the recent announcement for New
Nuclear Build at the Darlington Site of Ontario Power Generation
(OPG) and for entrusting this project in the leadership of OPG and
the community of Clarington.
I - 32 Jennifer L. Mutton, Planning Services, Development Services
Department, City of Oshawa, forwarding a copy of the City of
Oshawa's comments on "Planning for Employment in the Greater
Golden Horseshoe" Background Paper.
I - 33 Jennifer L. Mutton, Planning Services, Development Services
Department, City of Oshawa, forwarding a copy of the City of
Oshawa's comments on Metrolinx - Regional Transportation Plan for
the Greater Toronto and Hamilton Area White Papers # 1-2.
I - 34 Annie Krabi, Phil Reimer, Terri Howe, and Don, Anita, Reuben,
Simeon, Theo, Devon and Jemihah DeVries thanking Mayor
Abernethy and Council for their leadership in making Clarington a
great place to live and advising they are praying for Council to be
blessed with wisdom and guidance to make the right decisions
concerning complex decisions.
I - 2 Minutes of the Clarington Highway 407 Community Advisory
Committee dated June 17, 2008.
Council Meeting Minutes
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July 14, 2008
Resolution #C-389-08
Moved by Councillor Novak, seconded by Councillor Foster
THAT the Minutes of the Clarington Highway 407 Community Advisory
Committee dated June 17, 2008 be received for information.
"CARRIED"
I - 9 Newtonville Community Hall Board, BBO Committee, extending
appreciation to the municipality for assistance and support provided to
the annual Newtonville Community BBO in helping to make the
annual event a success.
Resolution #C-390-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence I - 9 from the Newtonville Community Hall Board
expressing appreciation to the municipality for assistance and support provided
to the annual Newtonville Community BBO be received for information.
"CARRIED"
1-12 P. M. Madill, Regional Clerk, Region of Durham, writing to
Doris Krahn, Forest Program Specialist, Ministry of Natural
Resources, advising that on June 18, 2008, Regional Council passed
the following resolution pertaining to the enactment of the new
Regional Tree By-law and appointment of a By-law Enforcement
Officer:
"a) THAT the Regional Tree By-law, as contained in Attachment #1
to Report #2008-P-54 of the Commissioner of Planning, be
passed;
b) THAT the Regional Solicitor be directed to prepare a by-law to
appoint James Rogers of Kestrel Forestry Consulting, or his
designate, as a By-law Enforcement Officer for the Regional
Municipality of Durham to administer and enforce the
appropriate provisions of the new Regional Tree By-law; and
Council Meeting Minutes
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July 14, 2008
c) THAT a copy of Report #2008-P-54 and associated by-laws be
forwarded to the area municipalities, the Conservation
Authorities in Durham Region, the Durham Environmental
Advisory Committee, the Durham Agricultural Advisory
Committee, and the Ministry of Natural Resources for their
information."
Resolution #C-391-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item 1- 12 from P. M. Madill, Regional Clerk, Region of
Durham with respect to the new Regional Tree By-law and appointment of a
By-law Enforcement Officer be received for information; and
THAT a copy of Correspondence I - 12 be forwarded to the Agricultural
Advisory Committee of Clarington.
"CARRIED"
I - 21 P. M. Madill, Regional Clerk, Region of Durham, writing to
Mr. D. Kelly, Regional Clerk, Regional Municipality of York, advising
that on May 28, 2008, Regional Council passed the following
resolution pertaining to Durham Region Energy From Waste (EFW)
Project: Detailed Business Case and Request for Proposals:
"a) THAT Regional Council receive this report for information,
including detailed analysis of EFW financial implications,
potential budget and property tax impacts, and project risk
assessment, based upon the business case report, "Durham-
York Energy-from-Waste Facility: Business Case, May 2008",
completed by Deloitte and Touche LLP for Durham Region, and
provided herein as Attachment No.1 to Report #2008-J-13;
b) THAT Regional staff be authorized, based upon the detailed
business case, RFP principles and project specifications
proposed herein, to finalize the EFW RFP and project
agreement documentation, and issue the RFP to pre-qualified
vendors in order to select a preferred vendor to:
i) Complete the requirements of the EA and EPA processes;
and,
Council Meeting Minutes
- 17 -
July 14, 2008
ii) Design, build, and operate a Regionally-owned EFW facility
on the preferred site "Clarington 01", as identified through
the EA process and approved by the Regional Councils of
York and Durham in January 2008;
c) THAT Durham Region's RFP for the design, build and operation
of the facility be issued on the following basis:
i) Only proposals submitted by the five pre-qualified vendors
of RFQ 601-2007 will be accepted, including:
A) Veolia Environmental Services Waste to Energy Inc.;
AMEC/Black & McDonald;
B) Covanta Energy Corporation;
C) WRSI/DESC Joint Venture; Fisia Babcock
Environmental GmbH; Kiewit Industrial Company;
Morgan Stanley Biomass LLC; Babcock & Wilcox;
D) Wheelabrator Technologies Inc. (A Waste
Management Company); and,
E) Urbaser SA;
ii) As per the January 23, 2008 direction of Regional Council,
the RFP will demonstrate the Region's commitment to
protecting the health and safety of the residents of the
Municipality of Clarington and Durham Region, by ensuring
the successful proponent incorporates into the design and
installation of the EFW facility, the most modern and state-
of the-art emission control technologies that:
A) Meet or exceed the European Union (EU) monitoring
and measurement standards;
B) Commit to Maximum Achievable Control Technology
(MACT) for emission standards and monitoring; and,
C) Support the Region of Durham's aggressive residual
waste diversion and recycling program, to achieve
and/or exceed, on or before December 2010, a 70%
diversion rate for the entire Region, with these
programs continuing beyond 2010;
Council Meeting Minutes
- 18 -
July 14, 2008
iii) The RFP will include provisions for continuous sampling of
dioxins in addition to stack testing, as defined by
EU2000/76/EC and MOE A-7 guidelines;
iv) Vendors will be required to demonstrate an ability to
accommodate future expansion (scalability) as required to
accommodate post-diversion residual waste volume
growth up to a maximum capacity of 400,000 tonnes;
v) Vendors will be required to demonstrate an ability to meet
the requirements of up to a 25-year design, build and
operate contract, with terms and conditions to be set out
within RFP documentation;
vi) The RFP will be issued based upon current discussions
with the Province (emissions and power purchase) not
resulting in a material change to the results presented
herein; and
vii) The RFP will solicit proposals for the design, build and
operation of an EFW facility of 140,000 tonnes of operating
capacity at a project start-up, based upon the following:
A) Durham Region will provide a maximum of 100,000
tonnes of post-diversion waste commencing at project
start-up;
B) York Region will provide a minimum of 20,000 tonnes
of post-diversion waste commencing at project start-
up; and
C) Surplus capacity totaling 20,000 tonnes of operating
capacity will be shared equally between the two
Regions;
d) THAT the Region of Durham enter into a Durham-York
Memorandum of Understanding (MOU) with the Region of York
which shall govern the process and cost sharing arrangement to
complete the EA for Residual Waste and establish an energy
from waste facility, including a York Region ownership, and
capital and operating cost share of no less than 21.4%, based
upon the recent conclusion of negotiations between the
Regional partners and consistent with the following:
Council Meeting Minutes
- 19 -
July 14, 2008
i) Durham and York shall construct a facility with an initial
annual processing capacity of approximately 140,000
tonnes, with Durham responsible for the capital and
operating costs for 100,000 tonnes of waste and York
responsible for the capital and operating costs for 20,000
tonnes of waste;
ii) York and Durham shall equally share the capital and
operating costs for approximately 20,000 tonnes of surplus
processing capacity;
iii) The parties shall share equally (50/50) the cost of certain
oversized capital components of the EFW Facility and site,
where such over sizing is deemed to be operationally and
financially prudent; and
iv) The party requiring future expansion of the facility shall pay
for such expansion of processing capacity;
e ) THAT the Regional Chair and Clerk be authorized to execute
the MOU, subject to review and approval by the Regional
Municipality of Durham CAO, Commissioners of Works and
Finance and the Regional Solicitor;
f) THAT subject to approval of Recommendation b) above, the
Regional Solicitor and Commissioners of Works and Finance be
authorized to execute expanded and/or new agreements (to be
shared 50/50 with York Region) with existing EFW consultants,
in order to maintain continuity while advancing the EFW project,
with agreements to include:
i) Extension of the current contract with HRD Inc. including
an increase for 2008 of up to $300,000 (excluding
applicable taxes), to accommodate recent requirements by
the Regions for extended technical support related to
emission technology and limits, including additional
meetings/discussions with regulatory bodies as well as to
provide continue technical expertise to the Regions as
required to accommodate negotiations and agreement
finalization with the preferred vendor, subsequent to the
RFP evaluation process;
Council Meeting Minutes
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July 14, 2008
ii) Extension of the current contract with Deloitte and Touche
LLP, with an increase for 2008 of up to $175,000
(excluding applicable taxes), to continue to provide
financial advisory services and expertise to the Regions
regarding commercial best practices, the power purchase
agreement with the Ontario Power Authority, and to
accommodate negotiations and finalization of commercial
terms with the preferred vendor subsequent to the RFP
evaluation process;
iii) An increase in the 2008 EA Budget for public consultation
(Genivar/Jacques Whitford) totaling up to $100,000 to
accommodate expansion of the public consultation
process beyond normal EA requirements, to ensure timely
responses to concerns raised by Committee and Council
delegations and other members of the public, and to
include additional meetings, preparation and
presentations, other than those originally contemplated;
iv) Extension of the contract with the law firm Borden Ladner
Gervais LLP, with an increase of up to $200,000
(excluding applicable taxes), to continue to provide legal
expertise to the Regions, including the power purchase
agreement with the Ontario Power Authority, post-RFP
negotiations with the preferred vendor, and advice
associated with respect to the Environmental Assessment
and approvals process; and
v) THAT the required scope and/or budget changes or new
agreements, totaling $775,000 shared 50/50 with York
Region, and as noted in Recommendations f), i) to iv)
above, be financed from the 2008 Solid Waste
Management Operations."
Resolution #C-392-08
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item 1- 21 from P. M. Madill, Regional Clerk, Region of
Durham with respect to the Energy-From-Waste Project detailed Business Case
and Request for Proposals be received for information.
"CARRIED"
Council Meeting Minutes
- 21 -
July 14, 2008
1-22 Shawn D. Lumsden expressing concern that the wishes of local
residents are not being considered with respect to the proposed
Energy-From-Waste process. Mr. Lumsden indicates that people are
requesting actions be taken to look into various issues with the
processes, the levels of "acceptable emissions", the mathematics
used in the business cases and many unanswered questions are
being ignored. He submitted a list of 45 questions that he would like
responses for and that he feels should have been answered before
Councillors formulated decisions either for or against the proposals.
Resolution #C-393-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item 1- 22 from Shawn D. Lumsden with respect to
Energy-From-Waste be forwarded to the Region of Durham Planning
Department for response; and
THAT the Region be requested to provide the Municipality of Clarington with a
copy of their response.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-394-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Items be approved as per the agenda, including Hand-out
Item D -19, with the exception of Items D - 1, D - 3, D - 4, and D - 9 to D - 19,
inclusive.
"CARRIED"
D - 2 Julia Deans, CEO, Toronto City Summit Alliance, inviting the
municipality to partner in "Greening Greater Toronto" - a two year
project to address the GT A's environmental challenges and improve
the environmental quality in the GT A, and to develop additional ways
to help make the Toronto region the greenest big city region in North
America.
(Correspondence referred to the
Director of Planning Services and to
the Living Green Community Advisory
Committee)
Council Meeting Minutes
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July 14, 2008
D - 5 Gary Peters, Bowmanville Taxi, proposing changes to Section 22.1
and Schedule "C" of By-law 2005-205 concerning the model year
restriction and rates and fares suggesting that no vehicle more than
seven years old from the licensing year be registered for the first
time as a taxicab and that no vehicle more than ten years old from
the licensing year be licensed as a taxicab; and, that the drop rate be
set at $2.75 and the rate of $2.10 per kilometre be set for three years
and permit increments of $0.25.
(Correspondence referred to the
Municipal Clerk)
D - 6 Ive Balins, Strategic Objectives, Crohn's and Colitis Foundation of
Canada advising of the 4th Annual M & M Meat Shops National
Family Dinner Night to be held on September 18, 2008, requesting a
letter of support for this community-based initiative and requesting
Council to proclaim September 18, 2008 as "National Family Dinner
Night". M & M Meat Shops will be asking families to register their
participation for this event at www.nationalfamilydinnerniqht.com and
will donate $1 to the Crohn's and Colitis Foundation of Canada for
every person who registers.
(Proclaimed)
D - 7 Sylvia Wagg, Oshawa Cycling Club, advising of the 25th Annual
Scugog Circle Century Tour on Sunday, August 24, 2008, from
7:00 a.m. until 5:00 p.m. All tour routes begin and end at Durham
College in Oshawa and the event is open to a maximum of 400
participants.
(Approved, provided the organizers
apply for and obtain a road
occupancy permit from the
Engineering Services Department)
D - 8 Angie Darlison, Executive Director, Clarington Older Adult
Association, requesting the Municipality's assistance in developing a
strategic plan to address membership growth, facility availability and
the potential need for satellite programming to assist the Association
in continuing to implement their mission in promoting the well-being
of older adults through the provision of affordable programs and
activities.
(Correspondence referred to staff)
D - 1 Don Wright requesting installation of traffic signals at the intersection
of King Avenue and Beaver Street in Newcastle to respond to the
dangerous situation resulting from increasing traffic and high collision
rates at the intersection.
Council Meeting Minutes
- 23-
July 14, 2008
Resolution #C-395-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D - 1 from Don Wright requesting installation of
traffic signals at the intersection of King Avenue and Beaver Street in
Newcastle and additional correspondence dated July 10, 2008, from the
Newcastle Business Improvement Area in support of the request, be referred to
the Regional Municipality of Durham and to the Director of Engineering
Services.
"CARRIED"
D - 3 Jennifer Cowie Bonne, Chair, Play Works, a group of organizations
that are concerned about the future of youth and have joined forces
to bring back the power of play to Ontario's young people, forwarding
the 2008 application for the Youth Friendly Community Recognition
Program; outlining the program eligibility and criteria; and, advising
the application deadline is December 1, 2008.
Resolution #C-396-08
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Correspondence Item D - 3 from Jennifer Cowie Bonne, Chair, Play
Works forwarding the 2008 application for the Youth Friendly Community
Recognition Program be referred to the Director of Community Services and to
the Firehouse Youth Centre Committee.
"CARRIED"
D - 4 Dr. Helena Jaczek, Parliamentary Assistant, Ministry of Health
Promotion, advising of the implementation of the Ontario Trails
Strategy, a long-term plan to establish strategic directions for
planning, managing, promoting and using trails; encouraging
municipalities to share trails data with the Ministry and to request
local trail groups to do the same; and, enclosing information
materials with instructions to assist with the process to map trails.
Council Meeting Minutes
- 24-
July 14, 2008
Resolution #C-397 -08
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D - 4 from Dr. Helena Jaczek, Parliamentary
Assistant, Ministry of Health Promotion, with respect to the mapping
component of the Ontario Trails Strategy be referred to the Director of
Engineering Services and to the Durham Trails Committee.
"CARRIED"
Councillor Novak stated a pecuniary interest with respect to Correspondence
Item D - 9 as members of her family are employed by General Motors of
Canada Limited. Councillor Novak refrained from discussion and voting on this
matter.
D - 9 Jim Freeman, President, Durham Region Labour Council, advising
Council that on June 10, 2008, the Durham Region Labour Council
passed the following resolution pertaining to the closure of the Truck
Plant at GM and the loss of Durham Region manufacturing jobs:
"THAT Labour Council send a letter to all Durham Region politicians,
Provincial, Federal and Municipal, asking them to support their
community and actively oppose and take action to stop the closure of
the Truck Plant at GM and to stop the Durham Region manufacturing
job losses."
Resolution #C-398-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence D - 9 from Jim Freeman, President, Durham Region
Labour Council with respect to the closure of the Truck Plant at GM and the
loss of Durham Region manufacturing jobs be received for information.
"MOTION WITHDRAWN"
Resolution #C-399-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Council of the Municipality of Clarington encourage General Motors
of Canada Limited to work together with the Canadian Auto Worker's Union to
establish a new product line to be built in the GM Truck Plant in Oshawa; and
Council Meeting Minutes
- 25-
July 14, 2008
THAT they liaise with the Clarington Board of Trade, the Greater Oshawa
Chamber of Commerce and the Durham Region Manufacturers' Association.
"CARRIED"
D - 10
Debbie Thompson, Legislative Co-ordinator, Town of Caledon
advising Council that on June 10, 2008, the Town of Caledon passed
the following resolution pertaining to tax-exempt allowances:
"WHEREAS the Canadian Revenue Agency (CRA) limits the
deduction of tax-exempt allowances paid by employers to employees
using their personal vehicle for business purposes; and
WHEREAS current CRA allowable deductions are already
substantially below the Canadian Automobile Association's per
kilometer vehicle costs; and
WHEREAS over the past six months the retail price of a litre of gas
has increased dramatically;
NOW THEREFORE BE IT RESOLVED THAT Council for the Town
of Caledon hereby requests CRA to increase the deduction limit of
tax exempt allowance paid by employers to employees using their
personal vehicle for business purposes from the current rate of 52
cents on the first 5,000 kilometers driven and 46 cents for each
additional kilometer; and
THAT copy of this resolution be forwarded to our MP, MPP, AMO,
AMCTO and all Ontario municipalities requesting their support; and
FURTHER a copy of this resolution be forwarded to the Canadian
Revenue Agency for its consideration."
Resolution #C-400-08
Moved by Councillor Trim, seconded by Councillor Foster
THAT the resolution from the Town of Caledon with respect to tax-exempt
allowances be received for information.
"CARRIED"
Council Meeting Minutes
- 26-
July 14, 2008
D - 11
Debbie Leroux, Clerk, Township of Uxbridge writing to the
Honourable Dalton McGuinty, Premier of Ontario advising that on
June 16, 2008, the Township of Uxbridge passed the following
resolution pertaining to physician recruitment in the Township of
Uxbridge:
"WHEREAS the shortage of physicians in the Township of Uxbridge
has been a concern for the physicians, the residents and the Council
of the Township of Uxbridge;
AND WHEREAS Uxbridge Cottage Hospital is facing a crisis in that it
will not be able to provide adequate Physician coverage of its
Emergency Department on an ongoing basis;
AND WHEREAS area residents are sometimes unable to secure a
family physician as many area physicians are unable to extend their
practice to take on any new patients;
NOW THEREFORE BE IT RESOLVED THAT the Corporation of the
Township of Uxbridge urges the Premier of Ontario and the Minister
of Health to action the following:
1. THAT the Province through the Minister of Health review the
formula of providing incentive grants to individual doctors who
set up practice in under serviced areas, and recommend that
such funds would be better spent at the sources of the problem;
2. AND THAT although there has been some expansion in the
enrollment opportunities in Ontario Medical Schools, it is still
inadequate, and, given the length of time to train a family
physician, the long term solution would be that the Province
consider allocating necessary funds to address the lack of
sufficient places in Medical Schools;
3. AND THAT the Minister of Health apply pressure on the College
of Physicians and Surgeons of Ontario to speed up the
accreditation process for foreign trained doctors (International
Medical Graduates), and/or repatriated Canadian doctors, within
expected standards of care;
Council Meeting Minutes
- 27-
July 14, 2008
4. AND THAT the Minister continue to work with the Markham
Stouffville Hospital executive to provide sustainable 24/7
coverage of the Emergency Department of the Uxbridge Cottage
Hospital through the Health Force Ontario Emergency
Department Coverage Demonstration Project, Health Care
Providers or through other Ministry initiatives which may
incorporate the use of other providers such as Nurse
Practitioners or Physician Assistants;
5. AND THAT the Minister work with the Ontario Medical
Association to review the remuneration of doctors providing
Emergency care in rural community hospital emergency
departments (the Alternative Funding Program), with the
intention of offering them a competitive income, while providing
our residents equal access to emergency healthcare;
6. AND THAT the Minister of Health review the method of
remuneration based on volume (number of patients) as the
practice is unsuitable and inequitable when applied to
emergency room operation and does not support the objective to
provide quality health care and instead, consider a formula that
rewards quality not quantity."
Resolution #C-401-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the resolution from the Township of Uxbridge with respect to physician
recruitment in the Township of Uxbridge be endorsed.
"MOTION LOST"
Resolution #C-402-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the resolution from the Township of Uxbridge with respect to physician
recruitment in the Township of Uxbridge be received for information.
"CARRIED"
Council Meeting Minutes
- 28-
July 14, 2008
D - 12
Denis Lemelin, National President, Canadian Union of Postal
Workers (CUPW.STTP) advising the Federal Government is
conducting a strategic review to determine if the public post office
should continue to have an exclusive privilege to handle letters so
that it has the money to provide universal service or should the letter
market be open to competition; indicating the Union is concerned
that the government's review includes an examination of
deregulation and that it is not holding public hearings as part of its
review and is simply asking individuals and groups to make
submissions by September 2, 2008; and, requesting that the
Municipality consider passing a resolution as follows to help preserve
and improve the universal public postal system:
"WHEREAS the Canada Post Corporation Strategic Review, which
was launched by the federal government on April 21,2008, is looking
at deregulating our public post office (i.e. reducing or removing
Canada Post's exclusive privilege on letters);
WHEREAS it will become increasingly difficult for our public post
office to provide affordable service to everyone, no matter where
they live, if the government erodes or eliminates the very mechanism
that funds universal postal service - the exclusive privilege;
WHEREAS postal deregulation in other countries has led to post
office closures, less service, fewer jobs and higher postal rates for
the public and small businesses;
WHEREAS the government is not holding public hearings as part of
its strategic review or adequately consulting with the real owners of
the post office - the public:
BE IT RESOLVED THAT send a letter or submission
to the Canada Post Corporation Strategic Review opposing
deregulation of Canada Post and insisting that the government hold
public hearings and properly consult with the true owners of Canada
Post - the public."
Council Meeting Minutes
- 29-
July 14, 2008
Resolution #C-403-08
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the Canadian Union of Postal Workers
(CUPW.STTP) with respect to the preservation and improvement of the
universal public postal system be received for information.
"CARRIED"
D - 13
Mayor Michael Harding, City of Woodstock, inviting the municipality
to join Woodstock Mayor's Blackout Day Challenge, a friendly one-
day competition on August 14, 2008, between noon and 8:00 p.m., to
raise awareness of the need to reduce electricity demand and create
permanent conservation reductions. The Independent Electricity
System Operation (IESO) will prepare a template for measurement
of last year's load with the August 14th load to provide a common
platform guaranteeing a level playing field.
Resolution #C-404-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 13 from Mayor Michael Harding, City of
Woodstock regarding the "Blackout Day Challenge" be received for
information.
"CARRIED"
D - 14
Melanie Hogeveen, Deputy Clerk, Municipality of Kincardine,
advising Council that on June 23, 2008, the Municipality of
Kincardine passed the following resolution regarding Physician
Shortages in Ontario:
"WHEREAS there is a Physician shortage in Ontario.
AND WHEREAS this Physician shortage is particularly acute in rural
and northern Ontario communities.
AND WHEREAS the Physician shortage is predicted to worsen as
senior Ontario Doctors retire.
AND WHERAS the Physician shortage threatens the operation of
hospitals and emergency rooms in rural and northern Ontario.
Council Meeting Minutes
- 30-
July 14, 2008
AND WHEREAS there are hundreds of Internationally Trained
Medical Doctors and Graduates residing in Ontario who have been
denied the opportunity to practice medicine by cumbersome and
antiquated medical licensing requirements.
AND WHEREAS these Internationally Trained Medical Doctors and
Graduates could be a tremendous asset in providing Healthcare,
reducing the number of orphan patients and insuring the provision of
emergency room services in Ontario communities.
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Municipality of Kincardine supports the recommendations contained
in the Report on Removing Barriers for International Medical Doctors
by Etobicoke-Lakeshore M.P.P. Lauren Broten, Parliamentary
Assistant to the Minister of Health and Long Term Care.
AND FURTHER we encourage the Ontario Legislature to support
this important legislation once introduced by Minister of Health
George Smitherman as per his June 6/2008 announcement.
AND FURTHER THAT this resolution be circulated to the
Municipalities of Ontario for their support."
Resolution #C-405-08
Moved by Councillor Woo, seconded by Councillor Robinson
THAT the resolution from the Municipality of Kincardine with respect to
Physician Shortages in Ontario be endorsed.
"CARRIED"
D - 15
Federation of Municipalities of Ontario (FCM) Municipal Marketplace
advising of the release of the final report on the Auxiliary Role
Project to Public Safety Canada in the early fall of 2008, which will
contain draft legislation for a new Canadian Red Cross Act, with the
broader policy objective being to build greater awareness among
public authorities on the auxiliary role concept so that the CRC can
assist governments in executing what are shared humanitarian
objectives and suggesting should the Municipality wish to support the
CRC Auxiliary Role Project Council, may consider passing the
following resolution:
Council Meeting Minutes
- 31 -
July 14, 2008
"WHEREAS the Canadian Red Cross is celebrating the 100th
anniversary of its creation as a national non-profit volunteer
humanitarian organization under The Canadian Red Cross Society
Act. 1909;
AND WHEREAS, under national and international law, the Canadian
Red Cross and other National Red Cross and Red Crescent
Societies are considered auxiliary to the public authorities in the
humanitarian field;
AND WHEREAS, the mandate of the Canadian Red Cross is to: "In
time of peace or war to carryon and assist in work for the
improvement of health, the prevention of disease and the mitigation
of suffering throughout the world";
AND WHEREAS millions of Canadians and beneficiaries in other
countries have been assisted by the Canadian Red Cross for over a
century through programs aimed at disaster assistance, emergency
preparedness, international aid, assistance and development, health,
injury prevention and the promotion of international humanitarian law
and humanitarian values;
AND WHEREAS the Canadian Red Cross' Auxiliary Role Project
seeks to revitalize the relationships with public authorities at the
federal, provincial, territorial and municipal levels so as to better
serve the needs of humanity;
BE IT RESOLVED THAT the Council of the city/township/
municipality of expresses its support
for the auxiliary Role Project and in particular the renewal of the
framework for cooperation between public authorities and the
Canadian Red Cross to better address the humanitarian challenges
of the 21 st century by:
a) working to reinforce the status and roles of the Canadian
Red Cross as auxiliary to public authorities in the
humanitarian field;
b) and reviewing existing measures, arrangements and
instruments supporting the relationship."
Council Meeting Minutes
- 32-
July 14, 2008
Resolution #C-406-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT resolution of the Canadian Red Cross Auxiliary Council with respect to
support for the auxiliary Role Project be endorsed.
D - 16
"CARRIED"
The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage
Trust advising of the Ontario Heritage Award for Community
Leadership, a new category of Lieutenant Governor's Ontario
Heritage Awards to recognize communities in Ontario that have a
proven track record of heritage promotion and conservation;
attaching an information sheet on nomination requirements; and,
advising the deadline for nominations is Friday, September 26, 2008.
Resolution #C-407 -08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item D - 16 from The Honourable Lincoln M.
Alexander, Chairman, Ontario Heritage Trust with respect to the Ontario
Heritage Award for Community Leadership be referred to the Director of
Planning Services and to the Clarington Heritage Committee for report back to
the General Purpose and Administration Committee on September 8, 2008;
and
THAT a copy of Correspondence Item D - 16 be forwarded to Bowmanville's
150th Sesquicentennial Organizing Committee.
D - 17
"CARRIED"
Mayor Marolyn Morrison, Town of Caledon, writing to the Honourable
Dalton McGuinty advising that the Town of Caledon and its elected
Council are the subject of threats to personal safety and lawsuits as
a result of changes in provincial policy and legislation denying
developers an established method of reversing municipal council
decisions; advising of the challenges arising from the implementation
of provincial growth legislation such as the Places to Grow Act and
the Bill 51 amendments to the Planninq Act: and, requesting the
Premier to appoint a commission to conduct a provincial public
inquiry to remove the innuendo and confrontation in the current
development processes and to restore and maintain public
confidence in good government in Ontario and its municipalities.
Council Meeting Minutes
- 33-
July 14, 2008
Resolution #C-408-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D -17 from Mayor Marolyn Morrison, Town of
Caledon with respect to the challenges arising from the implementation of
provincial growth legislation and the request for a public inquiry be received for
information.
D - 18
"CARRIED"
Dr. Michael Murphy, Chairman, Sport Alliance of Ontario, advising
the sportalliance delivers six multi-sport Games showcasing
Ontario's athletes and communities and has forwarded a copy of the
Ontario Games Bid Guidelines for upcoming Games in 2010-2011 to
the Director of Community Services; encouraging the municipality to
be a part of the Ontario Games Program and noting that
sportalliance staff are available to assist with any questions
regarding the bid process.
Resolution #C-409-08
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Correspondence Item D - 18 from Dr. Michael Murphy, Chairman, Sport
Alliance of Ontario with respect to the Ontario Games Program be received for
information.
D - 19
"CARRIED"
Flora and Clifford Curtis thanking Council for granting permission to
hold a Family Reunion Fireworks Display on Saturday, July 19, 2008;
advising that due to a change in plans they are requesting
permission to change the date of the Fireworks Display to Friday,
July 18, 2008. (Emergency and Fire Services and the Municipal Law
Enforcement Division have no concerns with the request to change
the date.)
Resolution #C-41 0-08
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the request submitted by Flora and Clifford Curtis to amend the permit
date to conduct a Fireworks Display from Saturday, July 19, 2008 to Friday,
July 18, 2008, be approved.
"CARRIED"
Council Meeting Minutes
- 34-
July 14, 2008
COMMITTEE REPORT(S}
Report #1 - General Purpose and Administration Committee Report July 7,2008
Resolution #C-411-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report # 1 be amended to add: "Item 39 - Confidential Property Item - Verbal
Report from the Director of Planning Services"; and
THAT General Purpose and Administration Committee Report of July 7,2008, be
approved with the exception of Items #1 (d), #9, and #28.
"CARRIED"
Item # 1( d)
Resolution #C-412-08
Moved by Councillor Trim, seconded by Councillor Novak
THAT Report CSD-019-08 be received for information; and
THAT the Official Opening of the Newcastle & District Recreation Complex be
scheduled for late September, 2008.
"MOTION LOST"
Resolution #C-413-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report CSD-019-08 be received for information.
"MOTION CARRIED ON THE
FOLLOWING RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster ...j
Councillor Hooper ...j
Councillor Novak ...j
Councillor Robinson ...j
Councillor Trim ...j
Councillor Woo ...j
Mayor Abernethy ...j
Council Meeting Minutes
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July 14, 2008
Item #9
Resolution #C-414-08
Moved by Councillor Foster, seconded by Councillor Novak
THAT Report PSD-077 -08 be tabled until the September 22, 2008, meeting of the
General Purpose and Administration Committee.
"CARRIED"
Item #28
Resolution #C-415-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report COD-047 -08 be received;
THAT the Manager of Purchasing be authorized to continue with the formal
negotiations of a new lease agreement with Bowmanville Tennis Club, for the lease of
tennis courts located at the Clarington Older Adults 26 Beech Avenue for the term of
January 1, 2008 to December 31, 2011;
THAT the Mayor and Clerk be authorized to execute the lease agreement in a form
satisfactory to the Municipal Solicitor; and
THAT the By-law marked Schedule "A" to Report COD-047 -08, authorizing the Mayor
and the Clerk to execute the proposed Lease Agreement with the Bowmanville Tennis
Club be forwarded to Council for approval.
"MOTION CARRIED ON THE
FOLLOWING RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster ...j
Councillor Hooper ...j
Councillor Novak ...j
Councillor Robinson ...j
Councillor Trim ...j
Councillor Woo ...j
Mayor Abernethy ...j
Council Meeting Minutes
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July 14, 2008
STAFF REPORTS
1. Report CLD-022-08 - Phoenix Transportation Property Concerns
Resolution #C-416-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the deadline for compliance with the Notice issued by the Municipal Law
Enforcement Division concerning a property located at 120 Princess Street in Orono
be extended to a maximum of 24 months.
"MOTION WITHDRAWN"
Resolution #C-417 -08
Moved by Councillor Novak, seconded by Councillor Trim
THAT Report CLD-022-08 be received; and
THAT the deadline for compliance with the Notice issued by the Municipal Law
Enforcement Division concerning a property located at 120 Princess Street in Orono
be extended to a maximum of 12 months.
"CARRIED"
2. Confidential Verbal Report of the Chief Administrative Officer regarding a
Negotiation Update.
3. Confidential Report PSD-084-08 regarding a Property Matter.
Resolution #C-418-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Staff Report # 2 - Confidential Verbal Report of the Chief Administrative Officer
regarding a Negotiation Update and Staff Report #3 - Confidential Report PSD-084-08
regarding a Property Matter be referred to the end of the agenda to be considered
during a "closed" session of Council.
"CARRIED"
BUSINESS ARISING FROM NOTICE OF MOTION
There were no Notices of Motion previously given.
Council Meeting Minutes
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July 14, 2008
UNFINISHED BUSINESS
Resolution #C-419-08
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Report PSD-076-08 and Addendum to PSD-076-08 be received;
THAT the Clarington Official Plan be amended as shown in Attachment 3 to Report
PSD-076-08 to permit a minor expansion to the Bond Head Rural Cluster as proposed
by the application submitted by Barr's Developments Limited, and that the necessary
by-law be passed;
THAT Council provide for the draft approval prior to the closing and conveyance of the
Darcy Street road allowance and require cash-in-lieu of parkland dedication;
THAT conditions 8 and 14 of Attachment 5 to PSD-076-08 be amended as follows:
i) "8. The unopened road allowance situated within the
subject lands must be legally closed and conveyed into
private ownership prior to final approval of this plan. The
Owner will be required to obtain the approval of the
Council of the Municipality of Clarington for the proposed
road closure and meet all municipal policy requirements
pertaining to the legal closure of the road allowance."
ii) "14. The Owner is required to provide the appropriate
cash-in-lieu of the parkland dedication as required under
the Planning Act."
THAT the application for proposed draft Plan of Subdivision S-C-2006-0002 submitted
by Barr's Developments Limited be approved, subject to the conditions as contained
in Attachment 5 to Report PSD-076-08 as amended;
THAT the Zoning By-law Amendment application submitted by Barr's Developments
Limited be approved, as contained in Attachment 6 to Report PSD-076-08;
THAT the By-law authorizing the entering into a Subdivision Agreement between the
Owner of Draft Plan of Subdivision S-C-2006-0002 and the Municipality of Clarington
be approved as contained in Attachment No.7 to Report PSD-076-08;
THAT the Region of Durham Planning Department and Municipal Property
Assessment Corporation be forwarded a copy of Addendum to Report PSD-076-08
and Council's decision; and
Council Meeting Minutes
- 38-
July 14, 2008
THAT all interested parties listed in Addendum to Report PSD-076-08 and any
delegation be advised of Council's decision.
"CARRIED"
BY-LAWS
By-laws 2008-132, 2008-133 and 2008-134 were withdrawn as a result of the tabling
of Report PSD-077 -08.
Resolution #C-420-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-125 to 2008-131,2008-135 to
2008-150, and By-law 2008-152;
2008-125 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Black Creek Developments Ltd.)
2008-126 Being a by-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Cindy Scott) (2377 and 2379 Highway
2 and 100 Clarington Boulevard)
2008-127 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Prestonvale Heights Limited)
2008-128 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (CCCC Durham East Limited)
2008-129 Being a by-law to adopt Amendment No. 63 to the Clarington
Official Plan (Barr's Developments Limited)
2008-130 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the former Town of Newcastle (Barr's
Developments Limited)
2008-131 Being a by-law to authorize entering into an agreement with the
Owners of draft plan S-C-2006-0002, any Mortgagee who has an
interest in the said Lands, and the Corporation of the Municipality
of Clarington in respect of S-C-2006-0002 (Barr's Developments
Limited)
Council Meeting Minutes
2008-135
2008-136
2008-137
2008-138
2008-139
2008-140
2008-141
2008-142
2008-143
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July 14, 2008
Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (2117412 Ontario Limited And Pointe Of View
Developments (Stonecreek Pointe) Inc.)
Being a by-law to amend By-aw 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(2117412 Ontario Limited And Pointe Of View Developments
(Stonecreek Pointe) Inc.)
Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Patricia Stephenson)
Being a by-law to authorize the execution of Minutes of Settlement
between the Municipality of Clarington and the Estate of Richard
Joseph Pajdo and Henryka and Tadeusz Jurski of claims arising
out of the expropriation of 774 Martin Road, Bowmanville
Being a by-law to stop up and close as a public highway portions
of road allowance and to authorize the conveyance of Parts 10 &
12 on Registered Plan 10R-687 and Part 8 on Registered Plan
1 OR-619 to Cameco Corporation
Being a by-law to authorize the execution of an Amending
Agreement of Understanding between the Corporation of the
Municipality of Clarington and Baysong Developments Inc. for the
purpose of pregrading a future development site in the Northglen
West Neighbourhood
Being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington and
Canadian Pacific Railway Company for the purpose to widen
Mearns Avenue through the crossing at grade across the railway
at Mileage 162.92, Belleville Subdivision
Being a by-law to appoint an individual as Parking Enforcement
Officer (Davi Sinde)
Being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Community Care
Durham, Bowmanville, Ontario, to enter into agreement for the
lease space at Garnet B. Rickard Recreation Complex, 2440 King
Street West, Bowmanville, Ontario
Council Meeting Minutes
2008-144
2008-145
2008-146
2008-147
2008-148
2008-149
2008-150
2008-152
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July 14, 2008
Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Rutherford Contracting Ltd,
Gormley, Ontario, to enter into agreement for the Construction of
Knox Neighbourhood Park, Bowmanville Ontario
Being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington and the Bowmanville
Tennis Club, Bowmanville, Ontario to enter into agreement for the
lease space at the Clarington Beech Centre, 26 Beech Avenue,
Bowmanville, Ontario
Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and the Region of Durham, Lake
Front Municipalities and First Base Solutions Inc. to enter into
agreement for the purchase of Orthophotography
Being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington and Clarington Kids
Inc., Courtice, Ontario, to enter into agreement for the lease space
at Courtice Community Complex, 2950 Courtice Road North,
Courtice, Ontario
Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(W. Michael Armstrong)
Being a 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
to amend By-law 2006-217
Being a by-law to authorize an agreement to facilitate a land
acquisition Of 71 Old Kingston Road in Courtice as detailed in the
confidential verbal report of the Director of Planning Services on
July 7, 2008
Being a by-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Michael Murray) (2377 and 2379
Highway #2 and 100 Clarington Boulevard); and
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
Council Meeting Minutes
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July 14, 2008
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
Councillor Novak advised of the Regional Services Property Services Update
available July 10 to 13 and that she has a phone number if anyone has questions.
Resolution #C-421-08
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the meeting be "closed" in order to consider a confidential Verbal Report of the
Chief Administrative Officer regarding the Host Community Agreement Negotiations
Update and Confidential Report PSD-084-08 regarding a Property Matter.
"CARRIED"
The meeting resumed in open session at 10:04 p.m.
STAFF REPORTS (cont'd)
2. Confidential Verbal Report of the Chief Administrative Officer regarding a
Negotiation Update
Resolution #C-422-08
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Confidential Verbal Report of the Chief Administrative Officer regarding the
Host Community Agreement Negotiations Update be received for information.
"CARRIED"
3. Confidential Report PSD-084-08 regarding a Property Matter
Resolution #C-423-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report PSD-084-08 be received and approved;
THAT the Minutes of Settlement between Chigweyaru Agbaru, Thomas Damon
Cauchon and the Municipality of Clarington contained in Attachment 1 to Report
PSD-084-08 be approved;
Council Meeting Minutes
- 42-
July 14, 2008
THAT a by-law be passed authorizing the Mayor and the Municipal Clerk on behalf of
the Municipality of Clarington to execute the Minutes of Settlement contained in
Attachment 1 to Report PSD-084-08; and,
THAT the amount of compensation to be paid to Chigweyaru Agbaru and Thomas
Damon Cauchon or to their written direction pursuant to the Minutes of Settlement for
the release of all their claims arising out of the expropriation in the total amount of
$272,171.21 leaving the balance of compensation to be paid by the Municipality of
$36,750.00 plus appraisal costs of $25,862.00 and the reasonable legal costs that
have been incurred by them as determined by the Director of Planning Services in
consultation with the Municipality's Solicitor. These funds are to be paid out of the
Land Acquisition Account.
"CARRIED"
BY-LAWS (cont'd)
Resolution #C-424-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By- 2008-151;
2008-151
Being a by-law to authorize the execution of Minutes of Settlement
between the Municipality of Clarington and Chigweyaru Agbaru
and Thomas Damon Cauchon of claims arising out of the
expropriation of 50 East Beach Road, Bowmanville; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
.
.
.
Council Meeting Minutes
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July 14, 2008
CONFIRMING BY-LAW
Resolution #C-425-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-153, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 14th day of July, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-426-08
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 10:07 p.m.
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