HomeMy WebLinkAbout01/12/2009
Council Meeting Minutes
JANUARY 12, 2009
Minutes of a regular meeting of Council held on January 12, 2009, at 7:00 p.m., in the
Council Chambers.
Councillor Trim led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor C. Trim
Councillor W. Woo
Absent: Councillor G. Robinson (due to illness)
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Foster indicated that he would be stating a pecuniary interest with respect
to the delegation of Craig Ryan, Clarington Visual Arts Centre, and Correspondence
Item D - 12.
Councillor Novak indicated that she would be stating a pecuniary interest with respect
to Correspondence Item D - 6.
ANNOUNCEMENTS
Mayor Abernethy announced that on Friday, January 16, 2009, there will be a special
General Purpose and Administration Committee meeting commencing at 9:30 a.m. in
the Council Chambers. The purpose of the meeting is to deliberate the 2009 Budget.
Council Meeting Minutes - 2 - January 12, 2009
Councillor Hooper extended appreciation to John O’Toole, MPP, Durham, and to
Mayor Abernethy for hosting their New Year’s Levees. Councillor Hooper stated the
levees were well attended by Clarington residents.
Councillor Hooper also advised that the Municipality has experienced another serious
crime and extended congratulations to the Durham Regional Police Services in
apprehending two of the three individuals involved.
MINUTES
Resolution #C-001-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on December 8, 2008, be
approved.
“CARRIED”
DELEGATIONS
Councillor Foster stated a pecuniary interest with respect to the delegation of
Craig Ryan as the Visual Arts Centre of Clarington is a client of Argosy, his employer.
Councillor Foster refrained from discussion and voting on this matter.
Craig Ryan, Vice-President, The Visual Arts Centre of Clarington (VAC), addressed
Council concerning Correspondence Item I -12 - Strategic Plan – 2009 – 2011
“Encouraging the Creative Impulse”. Through use of a PowerPoint presentation,
Mr. Ryan provided a synopsis of the VAC’s Strategic Plan, highlighting themes and
goals to engage the community, strengthen the organization and ensure financial
sustainability. Mr. Ryan stated that as part of the process, the VAC has redefined its
mission and vision to include the services they provide and their impact on the
community. He advised they have reviewed the Municipality’s Strategic Plan and
have identified the potential for contributing to Clarington’s strategic objectives through
economic development, community planning and improvement, citizen engagement,
growth management and transportation, infrastructure and asset management and
recreational opportunities. He stated the VAC generates a large volume of programs,
exhibits and activities with limited resources but expressed concern that their staffing
model is fragile, and that there are accessibility issues and significant constraints
facing the facility due to its historical nature. Mr. Ryan stated they wish to increase
funding through non-governmental revenue and strengthen financial management to
ensure sustainability. Mr. Ryan summarized by stating they have developed a
sequence of priorities to bring the plan to life; their 2009 business plan and budget are
based on the strategic plan; and, they look forward to working with all of their
stakeholders and partners to achieve the goals outlined in the plan.
Hannu Halminen advised prior to the meeting that he would not be addressing
Council.
Council Meeting Minutes - 3 - January 12, 2009
COMMUNICATIONS
Resolution #C-002-09
Moved by Councillor Trim, seconded by Councillor Woo
THAT the communications to be received for information be approved, with the
exception of Items I - 25 and I - 29.
“CARRIED”
I - 1 Minutes of the Clarington Compost Facility Community Relations
Committee dated September 18, 2008.
I - 2 Minutes of the Clarington Traffic Management Advisory Committee
dated October 16, 2008.
I - 3 Minutes of the Clarington Highway 407 Community Advisory
Committee dated December 3, 2008.
I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated
November 14, 2008.
I - 5 Minutes of the Ganaraska Region Conservation Authority dated
December 11, 2008.
I - 6 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
November 24, 2008, the City of Oshawa received and filed
correspondence from the Municipality of Clarington and the Town of
Ajax on the Town of Ajax’s request for review of Regional Council
composition.
I - 7 L. Deveaux, Veltri & Son Limited, forwarding a copy of
correspondence to Phil Meagher, Project Manager, Long-Term
Transit Strategy, Region of Durham, advising of a new subdivision
currently under construction in Newtonville which will increase the
community’s population and requesting an investigation by Durham
Transit for extended bus service to Newtonville.
I - 8 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the Honourable Jim Watson, Minister of Municipal
Affairs and Housing, George Smitherman, Ministry of Energy and
P. M. Madill, Regional Clerk advising that on November 24, 2008, the
Town of Ajax adopted the following resolution pertaining to the Ajax
Official Plan Review – Status Update:
Council Meeting Minutes - 4 - January 12, 2009
“1. THAT due to the timing of the Provincial Growth Plan conformity
exercise, the Town of Ajax requests the Ministry of Energy and
Infrastructure and the Ministry of Municipal Affairs and Housing to
extend the June 16, 2009 deadline that requires the Town to
amend the Ajax Official Plan to conform with the Growth Plan for
the Greater Golden Horseshoe (Growth Plan) to an appropriate
date following the approval, or resolution of any appeals to an
amendment to the Durham Regional Official Plan that implements
the provisions of the Growth Plan;
2. THAT a copy of the staff report entitled “Ajax Official Plan Review
Status Update” be forwarded to the Ministry of Energy and
Infrastructure and Ministry of Municipal Affairs and Housing; and
3. THAT a copy of the staff report entitled “Ajax Official Plan Review
and Status Update” be forwarded to the Durham Regional Clerk
and all other Durham area municipalities for information.”
I - 9 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on
November 17, 2008, the Planning and Economic Development
Committee adopted the following resolution pertaining to protection of
agricultural land within the white belt:
“THAT the Planning and Economic Development Committee for the
Township of Uxbridge support Resolution 08-21 of the Clarington
Agricultural Advisory Committee calling on the Region of Durham
Council to support the protection of agricultural lands within the white
belt through the redirection of the Grow Durham planning initiative
focus.”
I - 10 Andrea Gusen, Stakeholder Relations and Research Coordinator, GO
Transit, advising of a new evening rush hour train service on the
Lakeshore East GO leaving Union Station at 5:10 p.m. running
express to Pickering GO Station and serving Ajax, Whitby and
Oshawa stations, commencing on January 5, 2009. The new service
improvements are possible thanks to joint funding from the federal,
provincial and municipal governments for the GO Transit Rail
Improvement Program (GO TRIP), a $1 billion-dollar expansion
initiative, through the Canada Strategic Infrastructure Fund.
I - 11 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
November 24, 2008, the City of Oshawa adopted the following
resolution pertaining to protection of agricultural land within the white
belt:
Council Meeting Minutes - 5 - January 12, 2009
“THAT correspondence DS-08-486 dated October 28, 2008 from
Patti Barrie, Municipality of Clarington, forwarding a resolution passed
by the Agricultural Advisory Committee of Clarington regarding the
protection of agricultural land within the white belt be received for
information.”
I - 12 Richard Toms, Executive Director, the Visual Arts Centre of
Clarington (VAC), forwarding a copy of the Centre’s Strategic Plan
2009-2011 – “Encouraging the Creative Impulse” highlighting
strategic themes and goals setting out VAC’s direction for the next
three years.
I - 13 Shirley McLean objecting to the proposed “Energy-From-Waste”
facility and urging Council to support more environmentally
sustainable and fiscally responsible alternatives.
I - 14 Carol Hooper urging Council to maintain their “unwilling host” status
to the proposed energy-from-waste facility; to not sign a host
community agreement; to devise a Zero Waste Strategy through the
Official Plan Review; and, to pull out all stops to prevent building of
the EFW facility in order to protect the health of the community and
the environment.
I - 15 Jeffrey A. Abrams, City Clerk, City of Vaughan, advising Council that
on December 8, 2008, the City of Vaughan adopted the following
resolution pertaining to the Cosmetic Pesticides Ban Act Draft
Regulations:
“1. THAT the recommendation contained in the following report of
the Commissioner of Legal and Administrative Services and City
Solicitor, dated December 8, 2008, be approved;
2. THAT the Provincial Government be advised that in the City’s
perspective the Draft Regulations are narrower in scope than the
City’s Pesticide By-law;
3. THAT the City reiterate its position that where provincial
regulation is narrower in scope, municipal by-laws that are more
restrictive be allowed to prevail; and
4. THAT the City’s position be communicated to AMO and GTA
municipalities.”
Council Meeting Minutes - 6 - January 12, 2009
I - 16 Association of Municipalities of Ontario (AMO) Member
Communication dated December 10, 2008 announcing that the
Minister of Community and Social Services, Madeleine Meilleur has
extended the public review period for the Information and
Communications draft standards to February 6, 2009. The proposed
standard outlines how businesses and organizations may be required
to provide accessible public information in various formats such as
online, print, verbal and digital.
I - 17 P. M. Madill, Regional Clerk, Regional Municipality of Durham
advising Council that on December 10, 2008, Regional Council
adopted the following resolution pertaining to the 2009 Interim
Property Tax Levy:
“a THAT a 2009 Interim Regional Tax Levy be imposed on the Area
Municipalities for all property tax classes;
b) THAT the amount due from each area Municipality be equivalent
to 50% of their respective share of the 2008 Regional Taxes;
c) THAT the 2009 Interim Regional Tax Levy be paid by the Area
Municipalities seven days subsequent to the installment due
dates established by each Area Municipality for the collection of
their respective interim municipal property taxes;
d) THAT the Regional Clerk be requested to advise the Area
Municipalities of the imposition of the 2009 Interim Regional Tax
Levy for all property tax classes; and,
e) THAT the requisite by-law be approved.”
I - 18 Alfred Frendo Cumbo expressing appreciation for the response he
received to parking enforcement issues on Kingsview Court; advising
that he is complying with the law; and, that he will ensure that any
future vehicles will comply with weight restrictions.
I - 19 John O’Toole, MPP, Durham, writing to the Honourable James
Bradley, Minister of Transportation advising the Minister of the
potentially dangerous back-up of vehicles exiting Highway 401 at
Liberty Street in Bowmanville during peak traffic flow; advising the
Region of Durham has adjusted signal timing on Liberty Street to
reduce the impact; and, requesting that the Province review this
situation and advise what long-term steps are being undertaken to re-
build the Bowmanville exits and improve Highway 401 at Liberty
Street and Waverley Road.
Council Meeting Minutes - 7 - January 12, 2009
I - 20 Gary McNeil, Managing Director, & CEO, GO Transit, responding to
Debi A. Wilcox, City Clerk, City of Pickering, concerning the City of
Pickering’s resolution requesting safety measures to improve vehicle
security and customer safety in GO Station parking lots, advising that
GO Transit is concerned with theft and vandalism; and, indicating that
many of the ideas referenced in the motion have been or are being
implemented.
I - 21 Leesa Venning, Program Coordinator, Rehabilitation and Employment
Services, Canadian Mental Health Association providing an update on
the Organization’s expenditure of the $1,000 Municipal Grant;
advising funds have been used to provided lunches throughout the
year and to subsidize special events such as Thanksgiving, Easter
th
and their 4 Anniversary celebration; and, thanking Council for
providing the grant and contributing to their efforts.
I - 22 Peter Hume, President, Association of Municipalities of Ontario
(AMO) announcing that AMO, the Federal and Provincial
Governments and the City of Toronto have successfully completed
negotiation of the extension of the Federal Gas Tax Fund schedule of
payments until March 31, 2014; and, confirming that the Municipality
will receive $1,196,871.60 in July and November in the years 2010 to
2013.
I - 23 Ministry of Municipal Affairs and Housing News Release dated
December 31, 2008, advising of changes in Ontario’s Building Code
that will improve energy efficiency standards for new homes by
requiring near full-height insulation on foundation walls in new home
construction, the second step in a three-phased approach to energy
efficiency brought in with the introduction of the 2006 Building Code;
and indicating that a typical new home constructed under a building
permit applied for after December 31, 2008, will be 28% more energy
efficient than one built under the 1997 Building Code.
I - 24 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors, providing an update on the
2008 Property Assessment Notices mailed to property taxpayers and
the delivery of Assessment Rolls to municipalities across Ontario;
highlighting initiatives undertaken to improve communications with
stakeholders including municipalities, the media and property
taxpayers; advising MPAC has fulfilled commitments made in
response to the Ombudsman’s Report of March 2006, “Getting it
Right” including the implementation of all but 1 of the 20
recommendations which is planned for implementation in mid 2009;
and advising that changes and improvements have resulted in greater
transparency, improved accuracy and a better understanding of the
assessment process and MPAC’s role in property taxation.
Council Meeting Minutes - 8 - January 12, 2009
A Local MPAC Municipal Relations Representative is available to
answer questions or to make a formal presentation to Council.
I - 26 The Honourable Dwight Duncan, Minister of Finance and the
Honourable Jim Watson, Minister of Municipal Affairs and Housing
announcing the release of the Ontario Municipal Partnership Fund
(OMPF) allocations for 2009 indicating the OMPF will provide $704
million to 387 municipalities across the province; confirming that in
2009, limits originally announced as part of the OMPF transition will
expire and that municipalities are now entitled to receive any funding
increases in full; and advising that further details on the 2009 OMPF
grant parameters will be provided to Municipal Treasurers in the near
future.
I - 27 Roland Murphy, Major, Community & Family Services Coordinator,
The Salvation Army Bowmanville extending appreciation for support
received throughout 2008 and, in particular, the Christmas season;
acknowledging that through generous donations, the Salvation Army
was able to provide assistance to meet the demand of those in need.
I - 28 Confidential Correspondence regarding an identifiable individual.
I - 30 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the Honourable Jim Prentice, Federal Minister of the
Environment advising that on December 8, 2008, Ajax Town Council
adopted the following resolution pertaining to comments on the
Proposed Terms of Reference for Drinking Water Source Protection
Plans:
“1. THAT the Minister of the Environment be strongly urged to
broaden the public consultation components proposed by the
CTC Source Protection Committee in the Proposed Terms of
Reference, prior to finalization, to increase public awareness of
the Drinking Water Source Protection process, the upcoming
Assessment Reports and to achieve more buy-in to the
Province’s objectives and, ultimately, the effective
implementation of Source Protection Plans;
2. THAT the Minister of the Environment be respectfully requested
to inform the Town of Ajax and other lower-tier municipalities in
Durham Region, prior to finalizing the Proposed Terms of
Reference, of the “Assigned Lead” and tasks yet to be
undertaken to define and protect the intakes of municipal water
supply plants in Lake Ontario coastal water, and the associated
estimated costs;
Council Meeting Minutes - 9 - January 12, 2009
3. THAT Durham Region staff appointed by Regional Council to the
CTC Source Protection be encouraged to strongly advocate for:
a) Amendments to the Proposed Terms of Reference to
ensure Ajax’s recommendations and concerns, as
contained in this staff report and its Attachment, are
addressed as part of the scope of this process; and
b) Involvement of lower tier municipal staff in preparing
Assessment Reports, Source Protection Plans and
developing new water policy;
4. THAT this report be send directly to the Minister of the
Environment, respectfully requesting his advice as to how the
Town can effectively achieve solutions to its long-standing
concerns about the potential effects of declining costal water
quality in Lake Ontario on the quality of Lake-based municipal
water supplies serving this community through this process and
opportunities provided by other Provincial initiatives, such as
updates to other legislation and indicators of Great Lakes health;
5. THAT the Minister of the Environment be strongly urged to
conduct a study of the overall sustainable carrying capacity of
Lake Ontario for supplying high quality drinking water in
consultation with Environment Canada and Health Canada and
appropriate agencies in the United States; and
6. THAT this report also be sent to the CTC Source Protection
Committee, the Toronto and Region Source Protection Authority,
the Central Lake Ontario Source Protection Authority, the
International Joint Commission, Environment Canada, Health
Canada, the Ministries of Energy and Infrastructure, Natural
Resources and Municipal Affairs, the Great Lakes and St.
Lawrence Cities Initiative, the Durham Region Medical Officer of
Health, the other municipalities within Durham Region and the
Environmental Commissioner for Ontario.”
Council Meeting Minutes - 10 - January 12, 2009
I - 25 Debbie Zimmerman, Chair, Municipal Property Assessment
Corporation (MPAC) Board of Directors, advising of the impacts of
the Assessment Review Board (ARB) decision on the interpretation
of the term “current value” ruling that for assessment purposes
“current value” be based only on the interest of the owner, exclusive
of any tenant interest, and that the buildings must be valued as if
vacant; indicating that the decision, if it stands, will significantly
change the way MPAC values tenanted commercial properties such
as office buildings and shopping centres; indicating that there are
approximately 17,000 such properties in Ontario with a current value
assessment of almost $100 billion; advising MPAC and the City of
Toronto have been granted leave to appeal the decision which could
take several years before the appeal is finally resolved putting a
significant amount of municipal revenue and provincial education tax
in jeopardy for future years; and, urging Council to continue to raise
this concern to local members of provincial parliament.
Resolution #C-003-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT the Council of the Municipality of Clarington support the Municipal
Property Assessment Corporation’s (MPAC) appeal of the decision of the
Assessment Review Board concerning the interpretation of the term “current
value”; and,
THAT the area municipalities be advised of Council’s decision.
“CARRIED”
I - 29 Nestor Chornobay, Director, Strategic Planning Branch, Planning
Department, Regional Municipality of Durham, advising Council that
on November 25, 2008, Durham Regional Planning Committee
adopted the following resolution pertaining to the Growth
Implementation Study – Phase 5, Final Recommended Growth
Scenario and Policy Directions Report:
“a) THAT Planning Committee endorse the Consultant’s Final
Phase 5, Recommended Growth Scenario and Policy Directions
Report, including additions/modifications thereto, as the basis for
proceeding with the Regional Official Plan Amendment process
to implement the Provincial Growth Plan;
b) THAT in addition to the Consultant’s Final Phase 5,
Recommended Growth Scenario and Policy Directions Report,
staff be requested to consider the following in preparing the
Regional Official Plan Amendment:
Council Meeting Minutes - 11 - January 12, 2009
i) a policy that considers the area surrounding transit centres
for mixed-use, including residential in proximity and within
transit supportive distances, and that the transit centres be
subject to secondary planning that would help to assist
how that should come forward;
c) THAT based on the endorsement in part a) and additions in part
b), staff be authorized to prepare the Regional Official Plan
Amendment to implement the Provincial Growth Plan, and
proceed with the Statutory Public Open House and Statutory
Public Meeting, in accordance with the schedule included in
Report #2008-P-98 of the Commissioner of Planning and
amended in parts d) and e);
d) THAT the schedule included in Report #2008-P-98 of the
Commissioner of Planning be revised to include that public
open houses be held in each area municipality regarding the
proposed Regional Official Plan Amendment to implement the
Provincial Growth Plan; and
e) THAT the public open houses to be held in the Townships of
Brock, Scugog, and Uxbridge, in accordance with part d), be
held as one meeting in the Township of Uxbridge.”
Resolution #C-004-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence I - 29 from Nestor Chornobay, Director, Strategic
Planning Branch, Planning Department, Region of Durham with respect to the
Regional Municipality of Durham – Growth Implementation Study – Phase 5,
Final Recommended Growth Scenario and Policy Directions be received for
information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-005-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT Correspondence Items be approved as per the agenda with the exception of
Items D - 5 to D - 12, inclusive.
“CARRIED”
Council Meeting Minutes - 12 - January 12, 2009
D - 1 Melissa McBride, Event Co-ordinator, Epilepsy Durham extending an
invitation to participate in “Purple Day for Epilepsy”, on Thursday,
March 26, 2009, a campaign designed to bring awareness to
epilepsy by wearing purple on that day.
(Proclaimed)
D - 2 Lucien Lambier and Donna Fletcher, writing to John O’Toole, MPP,
Durham, objecting to the Ontario Federation of Anglers and Hunters’
right to use the Kendal Crown Lands due to safety of surrounding
rural residential residents and the potential for reduction in property
values; and suggesting if the municipality wants to eliminate hunting
licences that hunting within municipal boundaries be abolished.
(Correspondence referred to the
Municipal Clerk)
D - 3 Tim Kehoe, Director, International Centre for Municipal
Development, Federation of Canadian Municipalities (FCM) thanking
Council for contributing to FCM’s international programs in 2008;
advising FCM honours municipalities and individuals through their
Awards for Outstanding International Volunteer Contribution;
forwarding a brochure and nomination form for the 2009 Awards;
and, urging Council to consider nominating the municipality or a staff
member for an award. Nominations are to be returned by
January 31, 2009.
(Correspondence referred to the
Chief Administrative Officer)
D - 4 Mike Gazo, Perfect Party Inc., expressing concern with the provisions
of the snow clearing by-law as it pertains to their business located at
205 King Street East; advising that there is no boulevard between the
municipal sidewalk in front of their store and the roadway and that on
several occasions road crews have plowed the snow directly onto the
sidewalk in front of their business after the owners have cleared it;
expressing concern as to liability issues should a pedestrian slip and
fall as a result of the snow on the sidewalk; and requesting that the
issue be investigated to avoid a potential mishap.
(Correspondence referred to Staff)
Council Meeting Minutes - 13 - January 12, 2009
D - 5 Narry McCarthy, Mayor, Township of Bonfield and William Vrebosch,
Mayor, Township of East Ferris, advising on August 5, 2008, a
severe rainstorm caused localized flooding in the Townships of East
Ferris and Bonfield and the Ministry of Municipal Affairs and Housing
declared the area a “Disaster Area” for the purpose of the Ontario
Disaster Relief Program; advising a joint area Disaster Relief
Committee was appointed to spearhead efforts to provide assistance
to homeowners, farmers and small businesses and is seeking
financial assistance from every municipality in the Province; and
indicating that the Province will contribute $2 for every local dollar
raised to an amount necessary to settle all claims.
Resolution #C-006-09
Moved by Councillor Trim, seconded by Councillor Foster
THAT Correspondence Item D - 5 from the Township of Bonfield and the
Township of East Ferris requesting financial assistance for the purpose of the
Ontario Disaster Relief Program be received for information.
“CARRIED”
Councillor Novak stated a pecuniary interest with respect to Correspondence
Item D - 6 as her employer, General Motors of Canada Limited, is referenced in
the correspondence. Councillor Novak refrained from discussion and voting on
this matter.
D - 6 Sandra Kranc, City Clerk, City of Oshawa, writing to the Canada
Border Services Agency advising that on November 24, 2008,
Oshawa City Council adopted the following resolution pertaining to
Pival International Inc. – Application for Sufferance Warehouse:
“WHEREAS Pival International has invested $22 million in their
Oshawa site for a state of the art logistics facility; and,
WHEREAS this facility serves the needs of the General Motors of
Canada and was designed to accommodate other international
goods movements; and,
WHEREAS Pival International has capacity to significantly expand
the facility if business activities warrant; and,
WHEREAS Pival International, in an effort to maximize its business
potential and serve the eastern sector of the GTA; and,
WHEREAS Pival is seeking approval as a sufferance warehouse to
Canadian Border and Security Agency (CBSA); and,
Council Meeting Minutes - 14 - January 12, 2009
WHEREAS CBSA allows its regional district branches to establish
some of its own regulations to govern operations; and,
WHEREAS the CBSA Greater Toronto Commercial District has
established that only warehouses that clear more than 8,000
containers are granted annual licenses for customs clearance; and,
WHEREAS this requirement prevents Pival to achieve this criteria;
and,
WHEREAS within the GTA most of the sufferance warehouses are
located in the west end of this vibrant economic zone; and,
WHEREAS it is desirable that a sufferance warehouse be enabled in
the eastern part of the GTA to accommodate business demands and
the economic vitality of the City of Oshawa and Durham Region;
THEREFORE BE IT RESOLVED THAT the Council of the City of
Oshawa urges the CBSA to make provision for the conditional
licensing of Pival International as a sufferance warehouse so that it
can grow and maximize its business potential to satisfy the minimum
criteria of 8,000 containers per year; and,
THAT all local area municipalities, the Region of Durham,
Colin Carrie, Member of Parliament and Jerry Ouellette, Member of
Provincial Parliament, be requested to send letters of support to the
Canadian Border and Security Agency on behalf of this application.”
Resolution #C-007-09
Moved by Councillor Hooper, seconded by Councillor Trim
THAT Council forward a letter of support to the Canadian Border and Security
Agency on behalf of the application for sufferance warehouse submitted by
Pival International Inc.
“CARRIED”
D - 7 Angela Quinn requesting Council to consider adopting a cost-neutral
resolution similar to the resolution adopted in May 2007 by the City
of Richmond, British Columbia and several other Canadian cities to
improve the lives of egg-laying hens in Canada who are confined to
tiny, crowded battery cages all of their lives:
“THAT the Council of the Municipality of Clarington resolves:
1. To encourage Clarington residents:
Council Meeting Minutes - 15 - January 12, 2009
(i) As restaurants and caterers in both private and Municipal
operations, to highlight the support for and availability of
certified organic, free-range eggs on their menus;
(ii) As consumers, to request the option of purchasing certified
organic, free-range eggs at retail food outlets and
restaurants and, where available, choose the certified
organic, free-range option;
(iii) As wholesalers, to highlight the preference for and
availability of certified organic, free-range eggs in their
food supply inventories; and
(iv) As retailers, to highlight the preference for and availability
of certified organic, free-range eggs in their food stores;
2. That the operators and caterers of municipal-run facilities be
requested to use only certified organic, free-range or free-run
whole (shell) eggs;
3. THAT a letter be written to the Provincial Government, Federal
Government and the Canadian Food Inspection Agency stating
that the Clarington Council opposes battery cage egg production
based on the inherent cruelty of confining egg-laying hens in
battery cages; and,
4. THAT a letter be written to the Ontario Municipalities Association
requesting all members adopt a similar initiative.”
Resolution #C-008-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item D - 7 from Angela Quinn with respect to cage free
hens be received for information.
“CARRIED”
D - 8 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont
advising Council that on November 12, 2008, the Township of South
Stormont adopted the following resolution pertaining to Bill 50, The
Provincial Animal Welfare Act, 2008:
“WHEREAS Bill 50, the Provincial Animal Welfare Act, 2008 has now
passed second reading in the legislature,
Council Meeting Minutes - 16 - January 12, 2009
AND WHEREAS this bill contains the first comprehensive changes in
almost 90 years to the Ontario Society for the Prevention of Cruelty
to Animals (OSPCA) Act;
AND WHEREAS highlights of Bill 50 include but is not limited to:
standards of care for all animals, new provincial offences; authority
for the OSPCA to inspect places, penalties, requirement for
veterinarians, a number of modernizations to the law, and protection
for current legal practices in agriculture, hunting and fishing;
AND WHEREAS, and more specifically, there is a concern regarding
the delegation of authority, accountability and transparency of
OSPCA inspectors and its officers.
NOW THEREFORE BE IT RESOVLED THAT the Township of South
Stormont hereby respectfully requests the Government review, and
amend as required, the powers granted to Inspectors through Bill 50.
FURTHERMORE, a copy of this motion be forwarded to
Premier McGuinty, the Minister of Community Safety and
Correctional Services, Minister of Municipal Affairs and Housing,
MPP Jim Brownell, Association of Municipalities of Ontario and any
other individual or organization as deemed appropriate.”
Resolution #C-009-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT the resolution from the Township of South Stormont with respect to
Bill 50, The Provincial Animal Welfare Act, 2008 be received for information.
“CARRIED”
D - 9 Association of Municipalities of Ontario (AMO) Member
Communication Alert dated December 19, 2008, advising of the
Ministry of the Environment’s launch of a discussion paper to
officially begin the five year review of the Waste Diversion Act (WDA)
and Blue Box Program Plan (BBPP); advising that AMO, through its
Waste Task Force, has submitted responses to both of these
reviews highlighting municipal challenges and perspectives and
requesting Council’s support of AMO’s positions by advising the
Minister and the WDO of the Environment in writing of their support
by January 15, 2009 for the WDA and February 27, 2009 for the
BBPP.
Council Meeting Minutes - 17 - January 12, 2009
Resolution #C-010-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT WHEREAS the Honourable John Gerretsen, Ontario Minister of the
Environment (MOE) has launched a discussion paper, entitled “Towards a Zero
Waste Future: Review of Ontario’s Waste Diversion Act, 2002 - Discussion
Paper for Public Consultation”, the purpose being to:
1. conduct a review of the Waste Diversion Act (WDA);
2. conduct a review of the Blue Box Program Plan (BBPP);
3. encourage public, industry and governmental participation in both
reviews;
4. hold open houses and invite written comments to be submitted to the
MOE; and
5. obtain feedback on the challenges associated with Ontario’s waste
diversion framework;
AND WHEREAS Peter Hume, President of the Association of Municipalities of
Ontario (AMO) has requested that all Ontario municipalities support the two (2)
AMO position letters as outlined in the AMO ALERT No. 08/064specifically;
Review of the Blue Box Program and Response to the Review of the Ontario’s
Waste Diversion Act, 2002 Discussion Paper, EBR 010-4676:
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington supports the two (2) letters outlining the AMO positions as per AMO
ALERT No. 08/064; and
THAT the Minister of the Environment be advised that the Municipality of
Clarington welcomes this review of both the WDA and BBPP by the MOE and
congratulates Minister Gerretsen on his initiative to reduce the amounts of
residual waste that Ontario municipalities are required to process each year by
his introduction of “Towards a Zero Waste Future: Review of Ontario’s Waste
Diversion Act, 2002 - Discussion Paper for Public Consultation”; and
THAT the Minister of the Environment and the Association of Municipalities of
Ontario be advised of Council’s decision.
“CARRIED”
Council Meeting Minutes - 18 - January 12, 2009
D - 10 Harry Pelissero, General Manager, Egg Farmers Ontario, advising
Egg Farmers of Ontario represent more than 400 farm families who
provide consumers with fresh, locally produced eggs; commending
local councils who are trying to encourage the purchase of locally
produced food as a means of creating a sustainable environment;
and, requesting Council to consider endorsing a motion of the Egg
Farmers of Ontario to identify the purchase of eggs as a local
sustainable procurement practice.
Resolution #C-011-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item D – 10 from Harry Pelissero, General Manager,
Egg Farmers Ontario, with respect to the purchase of eggs as a local
sustainable procurement practice be received for information.
“CARRIED”
D - 11 Helen Thomson, Clerk, United Counties of Stormont, Dundas and
Glengarry, advising Council that on December 15, 2008, the United
Counties of Stormont, Dundas and Glengarry adopted the following
resolution pertaining to payment for indigent funerals:
“WHEREAS the City of Cornwall is Consolidated Municipal Service
Manager (CMSM) for the City of Cornwall and United Counties of
Stormont, Dundas and Glengarry; and
WHEREAS payment for indigent funerals is a requirement of the
CMSM under the Ontario Works Act; and
WHEREAS recommended rates and guidelines for such payments
are provided by the provincial Ministry of Community and Social
Services; and
WHEREAS these rates were last reviewed and adjusted in 2005, and
costs have been escalating to the point where funeral homes are
unable to continue providing services at the existing rates; and
WHEREAS the Ministry of Community and Social Services will only
subsidize indigent funerals for individuals who are receiving social
assistance through Ontario Works or the Ontario Disability Support
Program prior to their death, regardless of their financial situation.
Council Meeting Minutes - 19 - January 12, 2009
THEREFORE BE IT RESOLVED THAT the United Counties of
Stormont, Dundas and Glengarry petitions the Ministry of Community
and Social Services to request a review and appropriate adjustment
of the recommended rates for indigent funerals, on behalf of CMSMs
across the province.
AND BE IT FURTHER RESOLVED THAT the Ministry of Community
and Social Services amend the current policy to provide financial
assistance to cover funeral expenses for all needy individuals,
regardless of their age or whether or not they are receiving support
through Ontario Works or the Ontario Disability Support Program, at
the time of death.
AND FURTHER THAT this resolution be forwarded to the Minister of
Community and Social Services, the Association of Municipalities of
Ontario, all municipalities in Ontario and local MPPs.”
Resolution #C-012-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the United Counties of Stormont, Dundas and
Glengarry with respect to payment for indigent funerals be endorsed.
“CARRIED”
Councillor Foster stated a pecuniary interest with respect to Correspondence
Item D - 12 as the Visual Arts Centre of Clarington is a client of Argosy, his
employer. Councillor Foster refrained from discussion and voting on this matter.
D - 12 Richard Toms, Executive Director, Visual Arts Centre of Clarington,
requesting the municipality provide a letter in support of the VAC’s
grant application to the Ontario Ministry of Tourism’s Celebrate
Ontario Program enabling VAC to purchase equipment, etc. for
musical performances and to continue providing quality cultural
activity to Clarington.
Resolution #C-013-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Municipality of Clarington provide a letter in support of the Visual Arts
Centre of Clarington’s grant application to the Ontario Ministry of Tourism’s
Celebrate Ontario Program.
“CARRIED”
Council Meeting Minutes - 20 - January 12, 2009
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report January 5, 2009.
Resolution #C-014-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of January 5, 2009
be approved.
“CARRIED”
STAFF REPORT(S)
There were no reports considered under this section of the Agenda.
Deputy Mayor Trim chaired this portion of the meeting.
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-015-09
Moved by Mayor Abernethy, seconded by Councillor Hooper
WHEREAS the Council of the Municipality of Clarington acknowledges that it is a
member of a two-tier municipality, the Regional Municipality of Durham, which is
bound by the Ontario Municipal Act with respect to the processing of residential
residual waste;
AND WHEREAS the Regional Municipality of Durham has a long and successful
history of developing and implementing programs that have reduced the amount of
residential waste which has been filling Ontario and Michigan landfill sites for many
decades;
AND WHEREAS the Regional Municipality of Durham has established the goal of
achieving a waste diversion of 70 percent by 2010 and that new Federal and
Provincial policies must be in place before the Region of Durham can reasonably
achieve waste diversion rates beyond 70 percent;
AND WHEREAS the Municipality of Clarington encourages the Region of Durham to
continue to show leadership in the area of developing and implementing programs
that reduce the amount of residual waste that is processed in the Region of Durham;
AND WHEREAS the Province of Ontario is taking steps to assist municipalities in
achieving higher diversion rates that would not have been possible without Provincial
involvement:
Council Meeting Minutes - 21 - January 12, 2009
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests
the Ministry of the Environment to develop a Provincial strategy that results in the
increase of waste diversion rates for all municipalities in Ontario, including a policy
which requires each municipality to process all residual waste within the boundaries
of each of their respective municipal boundaries;
THAT the Region of Durham be requested to develop a formal strategic plan which
achieves “no waste in the Region of Durham by 2038”, such “NoWaste by ’38 Plan”
to include the following objectives:
1. Develop a municipal waste management strategy that the Province of Ontario
can replicate throughout Ontario;
2. Reduce the negative impact that Durham Region’s residual waste has on the
global environment, including the reduction of greenhouse gases;
3. Take a leadership role in reducing all of the residual waste that is created within
the Region of Durham, including wastes generated by the industrial, commercial
and multi-residential sectors of our communities; and
4. Reduce the long-term costs of processing the residual waste that is created
within the Region of Durham;
THAT the said Region of Durham “NoWaste by ’38 Plan” include the following
initiatives:
1. Reinstate the Waste Management Advisory/Steering Committee to research,
assess and make recommendations to the Region of Durham on the feasibility of
achieving a region-wide “no waste” solution by 2038;
2. If feasible, to recommend to Regional Council the steps necessary to implement
a “NoWaste by ’38 Plan”; and
3. If feasible, an extensive public education and communications plan in order to
achieve whatever goals that Regional Council chooses to adopt, similar to that of
the plan adopted by the City of Canberra, Australia; and
THAT this resolution be forwarded to the Ontario Minister of the Environment, the
Regional Municipality of Durham, the area municipalities within the Region of Durham,
the Federal Minister of the Environment, Provincial and Federal Members of
Parliament and to the Association of Municipalities of Ontario for consideration, action
and support.
“TABLED”
(See following motion)
Council Meeting Minutes - 22 - January 12, 2009
Resolution #C-016-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT the foregoing Resolution #C-015-09 be tabled pending a report from the
Director of Operations on the Municipality of Clarington’s Zero Waste Goal.
“CARRIED”
Mayor Abernethy chaired this portion of the meeting.
UNFINISHED BUSINESS
Resolution #C-017-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report PSD-007-09 be lifted from the table.
“CARRIED”
Resolution #C-018-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-007-09 be received;
THAT consideration of commercial recreation vehicle storage in the Urban
Residential, Future Urban Residential and Major Open Space Areas designation, be
considered as part of the “Planning for the Countryside” component of the Clarington
Official Plan review;
THAT the Region of Durham Planning Department be forwarded a copy of Report
PSD-007-09 and Council’s decision; and
Council Meeting Minutes - 23 - January 12, 2009
THAT all interested parties listed in Report PSD-007-09 and any delegations be
advised of Council’s decision.
“MOTION CARRIED ON THE FOLLOWING
RECORDED VOTE”
Council Member Yes No Declaration of Absent
Pecuniary
Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
BY-LAWS
Resolution #C-019-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-001 to 2009-008 inclusive;
2009-001 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Gertrud Tomina) and to Repeal By-law 2008-168
2009-002 Being a by-law to authorize the borrowing of $15,000,000 to meet,
until the taxes are collected, the current expenditures of the
Municipality for the year 2009
2009-003 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(2154513 Ontario Inc. and 2143619 Ontario Inc.)
2009-004 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Prestonvale Road Land Corporation & Paul Lysyk
Family Trust)
2009-005 Being a by-law to stop up and close as a public highway a portion
of road allowance and to authorize the conveyance of Part 3 on
Registered Plan 40R-25645 to Andy Meima
2009-006 Being a By-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington
Council Meeting Minutes - 24 - January 12, 2009
2009-007 Being a By-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2009-008 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Rutherford Contracting Limited,
Gormley, Ontario, to enter into agreement for the Beech Avenue
Reconstruction, Bowmanville, Ontario; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
Councillor Novak stated she would be submitting correspondence from the Clarington
Older Adult Association requesting support for their application for funding under the
Elderly Persons Act to Council for consideration at the next meeting.
Councillor Foster and Councillor Novak made disclosures of pecuniary interest earlier
in the meeting and refrained from voting on the Confirming By-law.
CONFIRMING BY-LAW
Resolution #C-020-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-009, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 12 day of January 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes - 25 - January 12, 2009
ADJOURNMENT
Resolution #C-021-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the meeting adjourn at 8:34 p.m.
“CARRIED”
________________________ _______________________
MAYOR MUNICIPAL CLERK