HomeMy WebLinkAbout11/10/2008
Council Meeting Minutes
NOVEMBER 10, 2008
Minutes of a regular meeting of Council held on November 10,2008, at 7:00 p.m., in
the Council Chambers.
Councillor Robinson 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
Deputy Fire Chief, M. Berney
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Parks Supervisor, B. Genosko
Solicitor, D. Hefferon
Director of Corporate Services and Human Resources,
M. Marano
Director of FinancelTreasurer, N. Taylor
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to Item 5 of Report #1 and By-law 2008-192.
ANNOUNCEMENTS
Councillor Novak announced the following:
. She attended the following events:
o The Veterans' Service and Luncheon at the Clarington Older Adult
Association on November 4, 2008
o The Ontario Power Generation Nuclear New Build Open House at the
Courtice Community Complex on November 4, 2008
o The 15th Annual Charles Sauriol Environmental Dinner For The Living
City On November 6, 2008
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November 10, 2008
o The installation of the Honourable Perrin Beatty as the University of
Ontario Institute of Technology's New Chancellor on November 7,2008
o The Clarington Central Secondary School Annual Commencement on
November 7, 2008
o The installation of Dr. Ron Bordessa as Chair of the Oshawa Hospital
Foundation
Councillor Robinson announced of the success of the Newcastle BIA Fall Festival
Greek Dinner and Dance and that $2,000 had been raised in support of the Newcastle
Lions Dog Walk and $2,000 for the Clarington Terry Fox Run.
Councillor Hooper announced the following:
. The Remembrance Day Service will be held at the cenotaph on November 11,
2008, starting at 10:30 a.m.
. Christmas in the Village will be held on Friday, November 14 to Sunday,
November 16,2008 in Enniskillen.
. The Annual Bowmanville Santa Claus Parade will be held Saturday,
November 15,2008, starting at 10:30 a.m.
. On November 16, 2008, the Sarah Jane Williams Heritage Centre will host a
craft and bake sale.
. He attended the Clarington Older Adult Association Remembrance Day Service
on November 4, 2008.
. The Clarington Older Adult Association Euchre Tournament was well attended
with 166 participants.
. On November 26, 2008, the Village of Newcastle will host an Accessibility
Challenge starting at 1 :00 p.m.
. On December 1, 2008, the Canadian Pacific Railway Holiday Train will make a
stop in Bowmanville.
Councillor Woo advised that the Bowmanville Branch of the Clarington Public Library,
in conjunction with the Visual Arts Centre of Clarington, has a new art space on the
Mezzanine Level. Work by Ingrid Ruthig will be exhibited during the month of
November.
Mayor Abernethy advised on November 8, 2008, he attended the opening of Nexus
Gallery and Custom Furniture Studio in Orono located in the former Barley Mill. The
proprietors are a husband and wife who do exotic woodwork and painting.
Councillor Foster announced that Whitecliffe Terrace in Courtice will also hold a
Remembrance Day Service at 10:30 a.m. on November 11, 2008.
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November 10, 2008
Councillor Trim announced the following:
. Newcastle Village will hold their Annual Remembrance Day Service tomorrow
morning at 10:30 a.m.
. Clarington's Refuse Collection Calendar was issued this week. Councillor Trim
referenced an article in the November 2008, edition of Municipal World with
respect to "Building a Sustainable Community in Claresholm, Alberta". He
advised that members of the public in Claresholm had guided the planning
process in the same fashion as the Region of Durham had ten years previously
when the Region established a Waste Management Advisory Committee to
guide the process for the Region's "Long-Term Waste Management Strategy"
approved by Regional Council in 1999.
. Councillor Trim also referenced another Municipal World article pertaining to
the farming community for recycling of bale and silage wrap and requested
Councillor Robinson to refer the information to the Clarington Agricultural
Advisory Committee for input.
Mayor Abernethy also encouraged members of the public to review Clarington's
Waste Management calendar.
MINUTES
Resolution #C-526-08
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on October 27,2008, be
approved.
"CARRIED"
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November 10, 2008
PRESENTATIONS
Terri McCabe, Operations Manager, Oshawa/Clarington Community Living,
Jeff Ploeger and Kim Visser addressed Council to present the "Discover Clarington"
Findings. Ms. McCabe advised on September 30, 2008, Oshawa/Clarington
Community Living held a "Discover Clarington Day" to learn more about what the
communities they serve were about. Jeff and Kim met citizens in Bowmanville,
Orono, Hampton and Newcastle and conducted a survey on healthcare, employment,
transportation, education, housing and recreation/leisure. Ms. McCabe stated their
goal was to have a day to talk to people, share information with the Municipality,
compare their survey results and determine how they can contribute to the
Municipality's Strategic Plan. Ms. McCabe highlighted the results of the survey in
which 200+ responses were received. She noted key comments included the need for
more doctors, longer hours for clinics, keeping Clarington green; the need for more
subsidized housing and lower property taxes; better transit routes and times; more
factory and government jobs locally; access to post-secondary education locally and
to bring Wal-Mart and new accessible recreation facilities to Clarington. Overall most
respondents wanted to maintain the uniqueness of the smaller communities that make
up the Municipality.
Doug Anderson addressed Council conducting a PowerPoint presentation on an
Alternate Approach to Waste Diversion. Mr. Anderson stated the goal is to preserve a
clean environment and that his proposal will provide for it. Mr. Anderson stated near-
zero waste is achievable at minimal cost to municipalities, in a timeframe far faster
than the construction of an incinerator, by using existing technology and will be
beneficial to the environment. Mr. Anderson stated the biggest challenge will be to get
the 10-15% of the population who currently do not recycle on board.
Mr Anderson provided a review of the solution which should include incentives to
reduce waste and increase reuse and recycling of what remains, mandatory waste
reduction/recycling for everyone, improved communication on what can be recycled
and what consumers can do to reduce waste, incentives for producers and retailers to
produce and sell products that are less "wasteful", maximum monetary return on
recyclables, minimize air and water pollution, increase competition in the waste sector
and less government involvement. Mr. Anderson advised this solution in general
provides for a re-arrangement of the players, a re-evaluation of the relationships
between producers, waste companies, government and consumers, and proposes a
structure which can achieve the goals quickly and efficiently using existing technology.
He stated this system simplifies the existing system noting everything in the proposal
has been done before within a different concept. The highlights of the solution are
that homeowners and businesses are individually responsible for their waste, they
would contract directly with waste companies or co-ops for the handling of their
garbage and that government would assume a regulatory role by setting diversion
targets.
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November 10, 2008
Mr. Anderson stated he first developed the idea several years ago and although it was
met with interest by various levels of government, in all cases it was referred to staff
and nothing further happened. He noted the discussion paper "Toward a Zero Waste
Future for Ontario" released by the Ontario Ministry of the Environment identifies the
same problems that he has identified. Mr. Anderson proposes a change to 5R's -
Rethink, Refuse, Reduce, Reuse and Recycle. He acknowledged that there will still
be a need to reduce residual waste. He advised the problem is that there is no
incentive to recycle, the success of the Blue box program is dependent on a sense of
'civic duty', and there is little incentive for producers to produce less product. He feels
waste must have a price if we are going to reduce it. Mr. Anderson provided a review
of waste management from an historical perspective when residents were responsible
for their own garbage up to the formation of early recycling co-ops to Ontario's Blue
Box program. Mr. Anderson stated the blue box program is getting increasingly
complex. He noted that if diversion is increased by 1 % per year, Durham Region can
achieve zero waste by 2035 without his proposal.
Mr. Anderson highlighted his proposal in which Government assumes a regulatory
and licensing role, waste services will be listed separately on the tax bill at true cost,
consumers will assume responsibility for the cost of disposing their waste by either
using a waste recycling co-op or waste collection contractor with a default option of
being assigned to a municipal contract. Mr. Anderson outlined the framework of how
a Recycling Co-op would work, the markets for recyclables, and the regulatory role of
government. He noted Co-ops and contractors would maintain records which are
auditable to verify the level of diversion and that bar-coding would allow the automatic
capture of information.
Mr. Anderson stated his proposal is simpler, more transparent and less bureaucratic.
The next step in the process would be to have an analysis done by a consultant with
expertise in waste issues, co-operative business structures, audit procedures and the
retailization of gas and electricity markets. Mr. Anderson advised it is his intent to
submit the proposal to the Ministry of the Environment as part of the consultation
review of the Waste Diversion Act and requested Council to support the endeavour by
requesting the Ministry of the Environment to consider the proposal.
Resolution #C-527 -08
Moved by Councillor Foster, seconded by Councillor Woo
THAT Council recess for ten minutes.
"CARRIED"
The meeting reconvened at 8:53 p.m.
Council Meeting Minutes
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November 10, 2008
Doug Anderson responded to questions from Members of Council on his proposal for
An Alternate Approach to Waste Diversion. He confirmed that he would like Council
to adopt a motion advising the Region and the Province that they feel the proposal is
worth pursuing and to pursue it. Mr. Anderson also confirmed that his plan has not
been applied in its entirety by any municipality but that the same principles have been
going on in Europe and in California. He also agreed that the system would be
fragmented because of the choice it offers. He stated that shopping malls would be
ideal locations to house recycling co-ops and that space would be rented from mall
operators. He also confirmed that he had taken in account future population forecasts
in his projections.
Mr. Anderson further stated the approach is ultimately designed to drive diversion and
overall is a more cost-effective way; however, he does not have the ability to do the
economic modelling.
DELEGATIONS
Dr. Amit Sharda addressed Council concerning Item 4 of Report #1 - Minor Variance
to Sign By-law 97-157. Dr. Sharda stated proper signage is essential for his patients
to locate his office and he is requesting approval for the minor variance.
Dr. Sharda advised currently, new patients drive right by his office and this will allow
them to keep their eyes on the road. He noted building uses have changed and he
feels the Municipality should keep up with the times and allow proper signage.
Dr. Sharda confirmed he was satisfied with the staff report.
Eric Bowman, Chair, Farmers' Festival of Lights, addressed Council concerning
Correspondence Item D - 1 - Annual Parade. Mr. Bowman thanked Council, staff and
other supporters, on behalf of the Farmers Festival of Lights, for their support stating
the parade was developed as an annual event to bring awareness to their urban
counterparts about agriculture and they hoped to do some teaching and naming of
equipment with lights. Mr. Bowman indicated the Clarington Agricultural Advisory
Committee is a strong supporter of the Festival of Lights and he invited Council to join
in the parade.
Louis Bertrand addressed Council in support of the presentation by Doug Anderson
on Alternative Approaches to Waste Management. Mr. Bertrand agreed that the
principle of "polluter pays" is lacking in curbside recycling and feels that by making the
cost of waste management more visible to consumers it will shift the burden from
municipalities to consumers and give consumers the economic incentive to recycle
more. Mr. Bertrand stated once the cost of not recycling becomes visible, consumers
will apply the market forces to demand better designed products. He noted the same
theme is echoed in the discussion paper "Toward a Zero Waste Future for Ontario"
released by the Ontario Ministry of the Environment. Mr. Bertrand feels Durham
Region's pursuit of a waste incinerator is standing in the way of getting to zero waste.
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November 10, 2008
He noted an incinerator demands a steady flow of trash which is in direct conflict with
the goal of Zero Waste and should the incinerator be built, Durham Region would be
out of step with the rest of Ontario. Mr. Bertrand urged Council to recommend this
alternative proposal to the Region of Durham and include it as part of a submission to
the Province of Ontario's review of the Waste Diversion Act. Mr. Bertrand also
requested Mayor Abernethy and Regional Councillors Novak and Trim to support this
proposal in their work on Regional Council and Committees.
COMMUNICATIONS
Resolution #C-528-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 6, I - 8, I - 9, I - 10, and I - 15.
"CARRIED"
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated October 14, 2008
I - 2 Minutes of the Clarington Traffic Management Advisory Committee
dated September 18, 2008
I - 3 Minutes of the Kawartha Conservation Authority dated September 17,
and October 15, 2008
I - 4 Minutes of the Ganaraska Region Conservation Authority dated
September 18 and October 16, 2008
I - 5 Minutes of the Central Lake Ontario Conservation Authority dated
October 21,2008
I - 7 Correspondence has been received from the following
individuals/groups objecting to the proposed "Energy-From-Waste"
facility and urging Council to support more environmentally
sustainable and fiscally responsible alternatives:
a) Judy Lennox
b) Lawrence McKeown
c) Nathaniel and Matthew Ali
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November 10, 2008
I - 11 P. M. Madill, Regional Clerk, writing to the Honourable Jim Bradley,
Minister of Transportation, advising that on October 8, 2008, Regional
Council adopted the following resolution pertaining to the Highway
407 East Completion Environmental Assessment - Status Update
and Regional Comments on Preliminary Design and Correspondence
from the Town of Whitby:
"a) THAT the Highway 407 Environmental Assessment Project Team
be requested to collaborate with Regional and City of Oshawa
staff to determine an effective and practical design for the
Thornton Road interchange;
b) THAT the Highway 407 Environmental Assessment Project Team
continue to investigate, in collaboration with Regional and Town of
Whitby staff, the opportunity for an interchange at Cochrane
Street;
c) THAT the Regional and Municipal staff from Clarington continue to
investigate in collaboration with the 407 project team, the
continuation of Middle Road through the 407;
d) THAT in the design of the West Durham Link, the Highway 407
Environmental Assessment Project Team not preclude the
possible future connection of the 407 Transitway to the Lakeshore
East GO facility at Lake Ridge Road;
e) THAT GO Transit and Metrolinx be requested to consider the
need and feasibility of a transit transfer hub at the junction of the
407 Transitway to the lakeshore East GO facility, south of the
Highway 401 at Lake Ridge Road;
f) THAT the Project Team include an additional road crossing at
Garrard Road;
g) THAT the Ministry of Transportation re-start the Highway 401
Environmental Assessment as soon as possible, so that the
widening of Highway 401 between Salem Road and the West
Durham Link, along with the construction of the Lake Ridge Road
Interchange, is integrated and initiated with the construction of the
West Durham Link by 2013;
h) THAT the Project Team be requested to give the Region the
opportunity to review and comment on the 2013 'opening day'
scenario;
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November 10, 2008
i) THAT the Project Team ensure that the design of the interchange
at the Highway 407 MainlinelWest Durham Link protects for the
provision of a freeway or arterial road extension in the future, as
preliminary design work progresses;
j) THAT a copy of Joint Report #2008-J-34 be provided to the
Ontario Ministry of Transportation as the Region's detailed
comments on the ongoing Highway 407 East Completion
Environmental Assessment; and,
k) THAT a copy of Joint Report #2008-J-34 be forwarded to the Area
Municipalities and Conservation Authorities."
1-12 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable George Smitherman, Minister of Energy and
Infrastructure and the Honourable Jim Bradley, Minister of
Transportation, advising that on October 8, 2008, Regional Council
adopted the following resolution pertaining to the Regional Cycling
Plan:
"a) THAT the Regional Cycling Plan and related policies with the
following features be endorsed by Regional Council:
i) The network be comprised of Regional Cycling Spines
connecting key attractions, including Regional Centres
designated in the Regional Official Plan, and key inter-modal
facilities such as GO Stations as follows:
. Taunton Road from the York/Toronto Boundary to
Simcoe Street (Pickering, Ajax, Whitby, Oshawa);
. BaylyNictoria/Bloor Streets from Whites Road to the
Oshawa GO Station (Pickering, Ajax, Whitby, Oshawa);
. Brock Road from Pickering Parkway to Old Brock Road
(south) and from Old Brock Road (north) to Highway 47
(Pickering, Uxbridge);
. Highway 47 from Brock Road to Elgin Park Drive
(Uxbridge);
. Reach Street from Main Street to Simcoe Street
(Uxbridge, Scugog);
. Simcoe Street from Gibb Street to Reach Street
(Oshawa, Scugog);
. Thornton Road from Taunton Road to Gibb Street
(Oshawa):
. Gibb Street from Thornton to Simcoe Street in order to
connect to the future Oshawa GO station (Oshawa);
. Whites Road from Bayly Street to Taunton Road;
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November 10, 2008
. Brock Road from Pickering Parkway South to
Montgomery Road; and
. Lakeridge Road from BaylyNictoria Streets to Reach
Street;
. Highway 2 from Toronto/Durham Boundary to the Village
of Newcastle.
ii) For Regional Roads with an urban cross section that form
part of a Regional Cycling Spine, the Region would provide
at its expense, a platform for the construction of a multi-use
boulevard path. The cost of providing a platform would
include land acquisition, utility relocation, grading and
customized bridge structures. The cost of granular, asphalt,
signage, markings, the provision of other amenities, and
path maintenance (i.e. short term regular maintenance,
ownership and long term replacement) would be borne by
the area municipality in which the multi-use boulevard path
is located;
iii) For Regional Roads with a rural cross section that form part
of a Regional Cycling Spine, the Region would provide an on
road (shoulder) platform (land acquisition, utility relocation,
grading and customized bridge structures) for a paved
shoulder bikeway. The cost of granular, asphalt, signage,
markings, and the provision of other amenities be cost
shared 50/50 between the Region and respective Area
Municipality in which the shoulder resides. The
maintenance of the paved shoulder would be the
responsibility of the Region and any costs associated with
maintenance will be borne by the Region;
iv) Alternatives to multi-use boulevard paths in Regional road
rights-of-way (i.e. cycling lanes, signage) may be considered
where such paths are deemed inappropriate or unfeasible by
the Region. The cost, financial responsibility and ownership
for such facilities would be determined on an individual case-
by-case basis and approved by Regional Council;
b) THAT the Regional Cycling Plan be forwarded to known
interested stakeholders and the area municipalities for
information; and
c) THAT the requirements of the proposed Regional Cycling Plan be
incorporated in the forthcoming 2009 Regional Road Program
and appropriate Departmental Budgets;
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November 10, 2008
d) THAT staff be requested to investigate the formation of a Cycling
Advisory Committee and provide comment as to whether it should
be the responsibility of the existing Durham Trail coordinating
Committee or a separate committee."
I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on October 29,2008, Regional Council adopted the following
resolution pertaining to the Quarterly Report on Planning Activities
(July 1, 2008 -September 30, 2008):
"a) THAT Report #2008-P-78 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2008-P-78 be forwarded to all Durham
Area Municipalities, Durham Regional Police Services, and
Durham Emergency Medical Services for information."
1-14 Bryce Jordan, MCIP, RPP, Principal, Planning Manager, Sernas
Associates, writing to the Regional Planning Committee providing
comments on behalf of their client Tribute Communities with respect
to the "Growing Durham" process in regard to living area, employment
lands and proposed corridors in Courtice.
I - 16 Durham Region Health Department Influenza Program, advising the
annual "Let's Beat the Flu" community vaccination campaign kicks off
on November 1, 2008; and forwarding a flu vaccine myths poster and
clinic schedule with a request that they be posted for public viewing to
lend support to the campaign. Additional information on influenza,
influenza vaccine or to access the schedule is available at
www.reqion.durham.ca or by calling 1-800-841-2729.
I - 17 The Honourable Jim Watson, Minister of Municipal Affairs and
Housing, advising of the release of the Provincial Municipal Fiscal and
Service Delivery Review "Facing the Future Together", a joint review
effort of the Province, the Association of Municipalities of Ontario and
the City of Toronto. The agreement produced will better position
municipalities to build vital local infrastructure and deliver important
local services by reversing downloading and cuts made by previous
governments.
Council Meeting Minutes
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November 10, 2008
I - 18 Association of Municipalities of Ontario (AMO) Member
Communication dated October 29, 2008, advising of the introduction
of legislation that, if passed, would ban the use of hand held
electronic communications devices by drivers and allow police to fine
drivers convicted of using a banned device while driving up to $500.
Use of cell phones with ear pieces and fixed in-dash GPS systems
would continue to be allowed as would exemptions for 911 calls on a
cell phone. Police, fire department and emergency medical services
personnel will be permitted to use hand-held wireless
communications devices in the normal performance of their duties.
Further information is available at
http://www.mto.qov.on.ca/enqlish/index.html.
I - 19 Constable Ronald J. Kirst, Canadian Pacific Railway Police
forwarding a copy of the safety bulletin sent to residents of the Aspen
Springs area as part of an education and enforcement project being
conducted along the railway tracks in the neighbourhood in response
to an increase in trespassing incidents across the CP Rail tracks;
indicating fencing and signage are posted along both sides of the
track to deter trespassing; and, advising that CP police will be working
both independently and with Durham Regional Police to enforce the
area between Green Road and Regional Road 57.
1-6 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to P. Madill, Regional Clerk advising that on October 27,
2008, the Town of Ajax adopted the following resolution pertaining to
a review of Regional Council Composition:
"WHEREAS the original composition of Council of the Regional
Municipality of Durham in 1974, the 1996 "Regional Restructuring
Committee Report" - and the Regional Council and Government of
Ontario approvals related thereto - established representation
principles that form the basis for the fair composition of Regional
Council; and,
WHEREAS the 2006 Statistics Canada Census and the population
forecasts for Durham Region indicate that the current composition of
Regional Council differs significantly from the populations of the
Region's lower-tier municipalities and does not maintain the
representation principles established for the fair composition of
Regional Council; and,
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November 10, 2008
WHEREAS the Town of Ajax presently has the highest population per
Regional Council member in the entire Region and by 2012 is
predicted to have a population/member ratio that is nearly double the
average for the Region and 25% greater than any other municipality;
and,
WHEREAS, according to the Region's population forecasts, if this
matter remains unaddressed by Regional Council the electors and
taxpayers of the Town of Ajax will continue to be under-represented
and disadvantaged at Regional Council for the next fifteen years, or
more; and,
WHEREAS the census and population forecast data indicate that
other local municipalities in the Region, namely the Town of Whitby
and the Municipality of Clarington, may have similar under-
representation concerns;
BE IT RESOLVED THAT the Council of the Regional Municipality of
Durham undertake a Regional Council composition review that will
consider all suitable representation options, and that this review be
initiated by the end of 2008; and
THAT such review be completed by 2010 in order to be effective for
the 2014 municipal elections."
Resolution #C-529-08
Moved by Councillor Foster, seconded by Councillor Woo
THAT the resolution from the Town of Ajax pertaining to a review of Regional
Council Composition be endorsed.
"MOTION LOST ON THE
FOLLOWING RECORDED VOTE"
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster '-/
Councillor Hooper '-/
Councillor Novak '-/
Councillor Robinson '-/
Councillor Trim '-/
Councillor Woo ...;
Mayor Abernethy '-/
Council Meeting Minutes
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November 10, 2008
I - 8 Linda Gasser writing to the Honourable John Gerretsen, thanking him
for demonstrating leadership and releasing the discussion paper
"Toward a Zero Waste Future: Review of Ontario's Waste Diversion
Act, 2002"; advising that Durham Region residents have identified
Zero Waste as a viable strategy and have requested the Region to
adopt more sustainable, safer, flexible and affordable waste policies
and plans; and, urging the Minister to consider holding a Zero Waste
consultation session in Durham Region at a location that would also
be accessible to residents of Northumberland Region, Kawartha
Lakes and Peterborough.
Resolution #C-530-08
Moved by Councillor Foster, seconded by Councillor Woo
THAT Linda Gasser be advised of Council's action taken in requesting the
Ministry of the Environment to host a Zero Waste Public Consultation Session in
Clarington.
"CARRIED"
I - 9 Linda Gasser writing to Alena Grunwald, Senior Projects Coordinator,
Ministry of the Environment, thanking her for confirming that Zero
Waste consultation sessions will be held on the Zero Waste
Discussion Paper in late November/early December; advising that
waste issues are a priority in the Region of Durham and that two
community forums on various waste topics including Zero Waste were
held in Oshawa in 2007 and 2008 which were well attended by
Durham residents and others from beyond Durham; and, urging that
the Ministry consider holding public sessions in central/east Durham
at a location that would also be accessible to residents of
Northumberland Region, Kawartha Lakes and Peterborough.
I - 10 Kristin Robinson writing to Alena Grunwald, Senior Projects
Coordinator, Ministry of the Environment, requesting that a Zero
Waste Public Consultation be held in Durham Region as soon as
possible to help educate the community and leaders about this
important, viable waste initiative.
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November 10, 2008
Resolution #C-531-08
Moved by Councillor Foster, seconded by Councillor Woo
THAT Linda Gasser and Kristin Robinson be advised of Council's action taken
in requesting the Ministry of the Environment to host a Zero Waste Public
Consultation Session in Clarington.
"CARRIED"
I - 15 Kristin Robinson highlighting a motion introduced at Regional Council
by Ajax Mayor Steve Parish requesting a representation review of the
composition of Regional Council to ensure fair representation by all
lower-tier municipalities and questioning the rationale for Clarington's
Regional Councillors' decisions in not supporting the motion.
Resolution #C-532-08
Moved by Councillor Foster, seconded by Councillor Novak
THAT Correspondence Item I - 15 from Kristin Robinson with respect to fair
representation on Durham Regional Council be received for information.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-533-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items be approved as per the agenda with the exception of
Items D - 4 and D - 5, inclusive.
"CARRIED"
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November 10, 2008
D - 1 Eric Bowman, Chair, Farmers Festival of Lights, thanking Council on
behalf of the Farmers Festival of Lights, for support of their annual
parade which provides an opportunity to bring awareness of
agriculture to the urban community; and, extending an invitation to
Members of Council to participate in the Farmers Festival of Lights on
December 3, 2008, by joining the parade in Enniskillen at 6:00 p.m. or
anywhere along the parade route to Tyrone.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 2 The Honourable Michael Chan, Minister, Ministry of Citizenship and
Immigration, extending an invitation to participate in Ontario's
volunteer recognition programs for the year 2009 by nominating
volunteers for the Volunteer Service Awards (VSA), a program to
recognize continuous years of service with a community organization,
the June Callwood Outstanding Achievement Award for superlative
volunteer work undertaken by individuals, groups or businesses and
the Ontario medal for Young Volunteers presented to outstanding
young volunteers between the ages of 15 and 24. Nomination forms
and additional information on each program is available at
www.ontario.ca\honoursandawards or bv callinq 416-314-7526.
(Correspondence referred to the
Municipal Clerk to place an ad in the
local newspapers)
D - 3 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade
Committee, requesting permission to hold the Newcastle Santa
Parade and fireworks display on November 23, 2008; forwarding a
parade route map and copies of municipal and regional road
occupancy for special event permits; and, advising that their
pyrotechnician has also obtained the necessary fireworks permit
from the Fire and Emergency Services Department.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department and
the required permit for the fireworks
display from the Municipal Clerk's
Department)
Council Meeting Minutes
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November 10, 2008
D - 4 Carolyn Downs, City Clerk, City of Kingston, advising Council that on
October 21, 2008, the City of Kingston adopted the following
resolution pertaining to a moratorium on uranium mineral exploration
and a review of the Mininq Act:
"WHEREAS the City of Kingston passed a resolution that called
upon the Province of Ontario to enact a moratorium on uranium
mineral exploration and to petition the Province of Ontario to
undertake an immediate and comprehensive public review of the
mining act; and,
WHEREAS the Province of Ontario has recently initiated a very short
public consultation process that aims to secure public input prior to
modernizing Ontario's Mining Act; and,
WHEREAS it is essential that the modernization of that Act will result
in the rights and interests and the health of all citizens being
protected, and in municipalities being able to regulate mining
activities within their own jurisdictions; and,
WHEREAS the consultation process of the Province directs the
public to comment on five themes that do not lend themselves to the
strengthening of the land use planning powers of municipalities so
that they can execute their essential planning mandate in respect of
controlling mineral exploration and development activities within their
municipal boundaries so as to bring such activities into balance with
other land uses and to protect the environment and the rights and
interest, the health and investments of their citizens; and
WHEREAS a coalition of knowledgeable persons, municipal officials,
conservation authorities, community groups and environmental
organizations have come together behind "three modest proposals"
that experts have concluded would resolve the fundamental
imbalances that exist between mining activities and other land uses
and essential policies and priorities;
THEREFORE BE IT RESOLVED THAT the City of Kingston
endorses the Three Modest Proposals that were developed by the
Coalition for Balanced Mining Act Reform, and petitions the
Provincial Government of Ontario:
1. to re-unite all provincially-owned mining rights with land that is
privately owned and municipally taxed;
Council Meeting Minutes
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November 10, 2008
2. to give all municipal governments: the ability to develop and
enforce official plans including mineral land use designation; and
thus the subsequent authority to zone lands so as to restrict the
locations in which mining activities can be undertaken, in
accordance with municipal needs; and
3. to require the comprehensive public review of the impacts of
proposed mineral exploration and mining activities before such
activities be undertaken by anyone.
BE IT FURTHER RESOLVED THAT this motion be sent to the
Premier's Office of Ontario, to the Leaders of the Opposition, the
Honourable Michael Gravelle, Minister of Northern Development and
Mines, the Honourable John Gerretsen, local MPP, as well as all the
Ontario municipalities with a population over 50,000, requesting a
review of the antiquated mining act, as well as asking for a
moratorium on uranium mining, and that this also be sent to AMO for
support and endorsement.
Resolution #C-534-08
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from the City of Kingston with respect to a moratorium on
uranium mineral exploration and a review of the Mininq Act be received for
information.
"CARRIED"
D - 5 Lucille King, Director of Corporate Services/Municipal Clerk, Town of
East Gwillimbury, advising Council that on September 22,2008, the
Town of East Gwillimbury adopted the following resolution pertaining
to funding to support aging municipal roads and bridges:
"BE IT RESOLVED THAT the e-mail received from C. Aker, dated
September 11, 2008, regarding safer roads in our community, be
received; and
FURTHER, the Municipal Council of the Town of East Gwillimbury
refer this correspondence to the Regional Municipality of York; and
FURTHER, in consideration that the Municipal Council of the Town
of East Gwillimbury supports safer roads; and
Council Meeting Minutes
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November 10, 2008
FURTHER, in consideration that our roads and bridges are
becoming increasingly more costly to maintain with less financial
resources to do so.
THEREFORE BE IT RESOLVED THAT the Municipal Council of the
Town of East Gwillimbury request that the Provincial and Federal
Governments provide more funding that is both predicable and
sustainable to municipalities to support our aging municipal roads
and bridges; and
THAT this Resolution be distributed to the Association of
Municipalities of Ontario, Provincial and Federal Members of
Parliament for consideration, action and support.
Resolution #C-535-08
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the Town of East Gwillimbury with respect to funding
to support aging municipal roads and bridges be received for information.
"CARRIED"
COMMITTEE REPORT(S}
Report #1 - General Purpose and Administration Committee Report November 3,
2008
Resolution #C-536-08
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of November 3,
2008 be approved, with the exception of Item #5.
"CARRIED"
Mayor Abernethy stated a declaration of pecuniary interest concerning Item 5 of
Report #1 as a family member is a tenant of the property immediately west of this
site. Mayor Abernethy vacated the Chair and refrained from discussion and
voting on this matter.
Deputy Mayor Novak assumed the Chair.
Council Meeting Minutes
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November 10, 2008
Item #5
Resolution #C-537 -08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report PSD-114-08 be received;
THAT the proposed amendment to Zoning By-law 84-63 to permit the development of
a mixed use building be approved and that the by-law as contained in Attachment 3 to
Report PSD-114-08 be passed;
THAT the Holding (H) symbol be removed at such time as the owner has entered into
a site plan agreement with the Municipality, obtained easements under the Ontario
Planning Act for a joint access and a rear laneway in favour of the adjacent landowner
and completed site remediation to the satisfaction of the Regional Municipality of
Durham; and
THAT the Region of Durham, all interested parties listed in Report PSD-114-08, and
any delegations at the Public Meeting be advised of Council's decision.
"CARRIED"
Mayor Abernethy resumed the Chair.
STAFF REPORT
Resolution #C-538-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report EGD-050-08 be received;
THAT the Municipality submit an application for funding to the Building Canada
Fund - Communities Component;
THAT the works listed in Report EGD-050-08 be endorsed as the Municipality's
highest priority project and included in the application;
THAT Report EGD-050-08 be forwarded to the Building Canada Fund - Communities
Component as part of the application process;
Council Meeting Minutes
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November 10, 2008
THAT the Engineering Services Department proceed with the preparation and
submission of the Building Canada Fund - Communities Component application,
including all support documentation.
"CARRIED"
BUSINESS ARISING FROM NOTICE OF MOTION
Deputy Mayor Novak assumed the Chair.
Resolution #C-539-08
Moved by Mayor Abernethy, seconded by Councillor Trim
THAT award of the Request for Proposal RFP 2008-2 for the lease of space at the
Garnet B. Rickard Recreation Complex, recommended in Report COD-39-08 and
approved by Resolution #GPA-445-08, be rescinded;
THAT the Request for Proposal RFP2008-2 process for the lease of space at the
Garnet B. Rickard Recreation Complex be cancelled and the proponents be advised
accordingly;
THAT the requirements of Purchasing By-law #2006-127 be waived to facilitate a
single source negotiation for the lease space at the Garnet B. Rickard Recreation
Complex;
THAT the Manager of Purchasing be authorized to enter into negotiation with
Community Care Durham for the lease of required space at the Garnet B. Rickard
Recreation Complex; and
THAT staff report back to Council on the results of the discussions with Community
Care Durham, and options regarding any residual space.
"CARRIED"
Mayor Abernethy resumed the Chair.
UNFINISHED BUSINESS
Resolution #C-540-08
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report COD-060-08 be lifted from the table.
"CARRIED"
Council Meeting Minutes
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November 10, 2008
Resolution #C-541-08
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Report COD-060-08 be received for information.
"CARRIED"
BY-LAWS
Resolution #C-542-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2008-193 to 2008-200 inclusive;
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
Mayor Abernethy stated a declaration of pecuniary interest concerning
By-law 2008-192 as a family member is a tenant of the property immediately west
of this site. Mayor Abernethy vacated the Chair and refrained from discussion
and voting on this matter.
Deputy Mayor Novak Chaired the remainder of the meeting.
Resolution #C-543-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-192;
THAT the said by-law 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.
Council Meeting Minutes
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November 10, 2008
OTHER INFORMATION
Councillor Trim spoke to Report PSD-111-08 - Peterborough Victoria Northumberland
and Clarington Catholic District School Board Surplus Property Sale St. Stephen's
Elementary School which was referred back to staff at the General Purpose and
Administration Committee meeting of November 3, 2008. He suggested that as
Council has until January 9, 2009, to respond, an in-depth investigation be undertaken
into the merits of purchasing the facility for future use and that results of any
negotiations be included in the report back to Council.
CONFIRMING BY-LAW
Mayor Abernethy a stated pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
Resolution #C-544-08
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2008-201, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 10th day of November, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-545-08
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the meeting adjourn at 10:35 p.m.
"CARRIED"
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