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DATE: MONDAY, JUNE 1, 2009
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held May 11, 2009
Minutes of a special meeting of Council held May 15, 2009
PRESENTATIONS
a) Scott Lewis, Communications Manager, and Lois Jeffery, Canada Post
Corporation -Safety Assessment of Rural Mail Delivery Routes
(Correspondence Item I - 4)
b) Mayor Abernethy -Presentation of Certificates to Clarington Flames AA Girls
Hockey Team, Ontario Women's Provincial Championship
c) Richard Walli, Chair, Energy-From-Waste Site Liaison Committee -Update on
EFW Site Liaison Committee Meetings
DELEGATIONS (List as of Time of Publication)
There are no Delegations scheduled as of the time of publication.
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated May 12, 2009
I - 2 Minutes of the Clarington Heritage Committee dated April 21, 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 9Q5-623-3379
Council Agenda - 2 - JUNE 1, 2009
I - 3 Minutes of the Clarington Traffic Management Advisory Committee
dated April 16, 2009
I - 4 Scott Lewis, Communications Manager, Canada Post Corporation -
Safety Assessment of Rural Mail Delivery Routes
I - 5 Association of Municipalities of Ontario (AMO) -Establishment of
Economic Development Task Force
I - 6 The Scott Family, John Oates, Pat Irwin Lycett, Jeannie Carter, Joe
and Nancy Dalrymple, Steve Kay, Jo-anna Shaw and. Freya Hart -
Opposition to Proposed Energy-From-Waste Facility
I - 7 The Honourable John Baird, P.C., M.P., Canada's Minister of
Transport, Infrastructure and Communities, and The Honourable
George Smitherman, M.P.P., Ontario's Deputy Premier and Minister
of Energy and Infrastructure -National Infrastructure Stimulus Fund
I - 8 Roger Hanmer, MBA, P.Eng., Regional Director, Ministry of
Transportation - 407 East Extension
I - 9 Gioseph Anello, Manager of Waste Planning and Technical Services,
Region of Durham -Site Specific Reports and Environmental
Assessment (EA) Documentation
I - 10 Association of Municipalities of Ontario (AMO) -Bridge Funding to
Support Ontario's Child Care Crisis
I - 11 Gioseph Anello, Manager of Waste Planning and Technical Services,
Region of Durham -Site Specific Human Health and Ecological Risk
Assessment (SSHHERA) and Air Quality Assessment
I - 12 Susan DaCosta, Secretary, Orono Town Hall Board of Management -
Letters of Appreciation for Municipal Grant and Donation to Silent
Auction
I - 13 Margot Beverley, Stewardship Ontario - 2009 Ontario Recycler
Workshop (ORW)
I - 14 Ken Nash, President, Nuclear Waste Management Organization
Annual Report for 2008, Moving Forward Together
I - 15 Kathryn Shaver, Vice-President, APM Engagement and Site
Selection, Nuclear Waste Management Organization (NWMO) -
Proposed Process for Selecting a Site
I - 16 Association of Municipalities of Ontario (AMO) -Memorandum of
Cooperation with Union of Municipalities of Quebec
Council Agenda - 3 - JUNE 1, 2009
I, - 17 Association of Municipalities of Ontario (AMO) -Green Eneroy Act
Regulation
I - 18 P. M. Madill, Regional Clerk, Region of Durham -Healthy Great
Lakes, Strong Ontario Discussion Paper
I - 19 P. M. Madill, Regional Clerk, Region of Durham -Durham
Environmental Advisory Committee (DEAC) Membership
Appointment
I - 20 Association of Municipalities of Ontario (AMO) -Community
Adjustment Fund for Ontario
I - 21 Association of Municipalities of Ontario (AMO) -DADA Standards
I - 22 Dan Remollino, P. Eng., Project Manager, 407 East Environmental
Assessment, Ministry of Transportation -Highway 407 East
Environmental Assessment (EA)
I - 23 Gioseph Anello, Manager of Waste Planning and Technical Services,
Region of Durham -Draft Environmental Assessment (EA) Report
I - 24 P. Madill, Regional Clerk, Region of Durham -Bill 150 The Green
Energy and Green Economy Act, 2009
I - 25 P. M. Madill, Regional Clerk, Region of Durham - DAAC resolution
on Battery Caged Egg Production
I - 26 Cheryl Tennisco, Committee Clerk, Regional Municipality of Durham
- Representation on the Metrolinx Board
Receive for Direction
D - 1 Rolf A. Piro -Camp 30
D - 2 The Honourable Michael Chan, Minister of Citizenship and
Immigration -Ontario Medal for Good Citizenship
D - 3 Richard Abboud, President and CEO, Forum Equity Partners Inc. and
Frank Carnevale, CEO, Bridgepoint Group -Private Public
Partnerships (P3) Solutions
D - 4 Paul Slemon, Hands In Motion, Massage Therapy and Sports Injury
Clinic - 2009 Terry Fox Run
D - 5 Mark Cousins, Ontario Family Fishing Weekend Steering
Committee - 2009 Ontario Family Fishing Weekend
Council Agenda - 4 - JUNE 1, 2009
D - 6 D. L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers
Association -Reconstruction of Mill Street
D - 7 Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of
Courtice -Canada Day in Clarington Road Closure Request
D - 8 Association of Municipalities of Ontario (AMO) -Labour Mobility
Changes
D - 9 Association of Municipalities of Ontario (AMO) - "Count Me In!"
Community Energy Conservation Challenge
D - 10 The Honourable Tony Clement, Minister of Industry -Recreational
Infrastructure Canada Program in Ontario (RING Ontario)
D - 11 Paul Holbrough, Mayor, Town of Ingersoll -Bill 221, Workplace
Safety and Insurance Amendment Act 2007 (Presumptions for
Firefighters)
D - 12 Kerri O'Kane, CMO, Deputy Clerk, Township of Centre Wellington, -
Bill 221, Workplace Safetv and Insurance Amendment Act 2007
(Presumptions for Firefighters)
D - 13 The Township of Woolwich -Bill 221, Workplace Safetv and
Insurance Amendment Act 2007 (Presumptions for Firefighters)
D - 14 Jennifer Haley, Chair, Homegrown Ontario Steering Committee -
Local Sustainable Procurement Practice
D - 15 Thomas G. Gettinby, Municipal Clerk, Township of Brock -
Deadstock Removal Subsidy
D - 16 P. M. Madill, Regional Clerk, Region of Durham - 2009 Options for
the Mandated Provincial Business Protection Program ("Capping")
D - 17 Martha A. Pettit, Deputy Clerk, Town of Whitby -Initial Proposed
Employment Accessibility Standard
D - 18 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax -Comments on the Province's "Healthy Great Lakes, Strong
Ontario" Discussion Paper
D - 19 Douglas G. Martin, Mayor, Town of Fort Erie -Rural and Northern
Health Care Blue Ribbon Panel
D - 20 Jim Souch, President, Kendal Community Centre -Request for
Interest-Free Loan
Council Agenda - 5 - JUNE 1, 2009
D - 21 The Greater Toronto Area Countryside Mayors Alliance (GTACMA) -
Fair Trade between Canada and the United States
D - 22 Dawn Whelan, Council Coordinator, City of Ottawa -Leave to Appeal
Ontario Municipal Board decision
D - 23 Eric K. Gillespie, Barrister and Solicitor -Compliance Audit -
John Mutton, 2006 Municipal Election
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of May 25, 2009
STAFF REPORT(S)
1. Report COD-040-09 -Tender CL2009-26 -Orono Arena Roof Replacement
BUSINESS ARISING FROM NOTICE OF MOTION
UNFINISHED BUSINESS
1. Delegation -Richard Ward -Regarding Recent Property Standards
Order -Tabled at General Purpose and Administration Committee Meeting,
May 25, 2009
BY-LAWS
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
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Leading the IVap
Council Meeting Minutes
MAY 11, 2009
Minutes of a regular meeting of Council held on May 11, 2009, at 7:00 p.m., in the
Council Chambers.
Councillor Foster led the meeting in prayer.
ROLL CALL
Present Were:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
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
Administrative Assistant to the Municipal Clerk, C. Fleming
Deputy Clerk, A. Greentree
Deputy Treasurer, L. Gordon
Director of Corporate Services and Human Resources, M. Marano
Director of Emergency Services/Fire Chief, G. Weir
DISCLOSURES OF PECUNIARY INTEREST
Councillor Foster indicated that he would be stating a pecuniary interest with respect
to Correspondence Item D - 15.
ANNOUNCEMENTS
Councillor Robinson expressed appreciation to staff of the Emergency Services
Department, the Engineering Services Department and the Canadian Red Cross for
their assistance to fourteen individuals who were displaced from their homes at
119 King Street West and who required temporary accommodations. He noted some
individuals are now back in their homes.
Councillor Woo announced the following:
On Wednesday, May 6, 2009, he represented the Mayor at the grand
re-opening of Eco Water Systems in Bowmanville. He advised McLeod's Eco
Water is the area's longest locally-owned water treatment company.
Council Meeting Minutes - 2 - May 11, 2009
• On Friday, May 8, 2009, VE Day, he attended the unveiling of a Military Mural
painted by local artist Todd Treemer depicting the involvement of Canadian
men and women from WW1 to the present conflict in Afghanistan.
• On Saturday, May 9, 2009, he attended the First "Champions Against
Homophobia and Transphobia" Awards Night hosted by PFLAG Canada
Durham, Club 717 and the Aids Committee of Durham. Councillor Woo, along
with Councillors April Cullen and Brian Nicholson from the City of Oshawa and
Constable Keith Richards, Durham Regional Police Service were nominated for
awards.
Councillor Foster announced the following:
A Public Information Session will be held on May 12, 2009, on the proposed
Energy-From-Waste facility at the Garnet B. Rickard Recreation Complex.
On May 14, 2009, the Courtice Rotary Club will host the Paul Harris Awards
Night.
Councillor Hooper announced the following:
On Wednesday, May 6, 2009, he participated in McHappy Day at the local
McDonald's Restaurant. Councillor Hooper stated the Wilson family, owners of
eight local McDonald's Restaurants, make significant charitable contributions
and suggested a Certificate of Appreciation be provided to the family
acknowledging their efforts.
On Thursday, May 7, 2009, he attended the Clarington Youth Talent Showcase
and acknowledged the many talents of local youth. Councillor Hooper thanked
the Director of Community Services, the Recreation Services Manager and
facility staff for hosting the event.
On May 9, 2009, Mayor Abernethy and Chief Weir welcomed home
Darren Hann, a Clarington resident, who recently returned home upon
completion of his tour of duty in Afghanistan.
Councillor Novak announced that she also participated in McHappy Day on May 6th
selling balloons at the event.
MINUTES
Resolution #C-268-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the minutes of a regular meeting of Council held on April 27, 2009, be
approved.
"CARRIED"
Council Meeting Minutes - 3 - May 11, 2009
PRESENTATIONS
There were no Presentations scheduled for this meeting.
DELEGATIONS
Harold Whorms advised prior to the meeting that he would not be addressing Council.
Mayor Abernethy stated a number of letters have been received regarding the
application submitted by Lafarge Canada Inc. to amend the official plan and zoning
by-law to permit an asphalt plant and aggregate transfer station which he will forward
to the Municipal Clerk for inclusion in the public record.
Louis Bertrand addressed Council concerning Staff Report #1 -Report CAO-002-09
stating that Council must engage the residents of the community in the project in order
to assure them that their best interests are being respected, and questioned what it
will take to have Council address the threat of the proposed incinerator. Mr. Bertrand
noted that many concerned citizens have appeared before both Clarington and
Regional Council providing solid evidence that incineration is not a safe option and
have provided viable alternatives to waste management including zero waste.
Mr. Bertrand stated that Council received for information a motion from the Clarington
Agricultural Advisory Committee regarding the importance of air quality monitoring for
for the Energy-From-Waste facility, yet debated the merits of holding a street party
and licensing of a hot dog cart for over thirty minutes. He suggested that as Council is
concerned with residents drinking in public, they should also be concerned with the
the increase of cancer, cardiovascular disease and asthma that will occur with
incineration. He noted that residents have also pointed out serious flaws in the
financial information provided regarding the incinerator. Mr. Bertrand stated this
garbage crisis was not created in Clarington and this project should not be foisted on
Clarington. Mr. Bertrand urged Council not to abandon their "Unwilling Host" status
and to look to the best long-term interests of the residents of Clarington, Durham
Region and all of Ontario.
Linda Gasser addressed Council concerning Staff Report #1 -Report CAO-002-09
expressing appreciation to Clarington's four local Councillors who have listened to
their constituents and have done their due diligence. She noted that this issue
concerns money, power and greed and feels that the incineration industry is looking
for a toehold in Canada. Ms. Gasser expressed concern that Report CAO-002-09
agrees to risk public health in return for infrastructure and that it is inadequate to
agree to air monitoring for three years only when the incinerator will operate for
twenty-five years, and that no soil or human health biomonitoring will be conducted.
Ms. Gasser urged Council to consult with the community before taking action. She
stated if approved, the $85 million stack will be visible for miles and will be a constant
reminder of those who failed to protect the community. Ms. Gasser feels that the
"Unwilling Host" position is Clarington's deterrent to the Energy-From-Waste Facility
and the Province may not be willing to approve the project if it has been forced on the
community.
Council Meeting Minutes - 4 - May 11, 2009
Ms. Gasser stated that Mayor Abernethy has repeatedly indicated that he would not
support incineration if it is proven not to be safe; however, she feels that if the Mayor
were sincere, he would not bring forward a motion to rescind Clarington's "Unwilling
Host" position in advance of receiving the peer review studies. Ms. Gasser urged
Council to maintain the current "Unwilling Host" position.
Barry Bracken addressed Council concerning Mayor Abernethy's Notice of Motion to
reconsider Clarington's "Unwilling Host" position. Mr. Bracken questioned why
anyone would want to declare the municipality as a "Willing Host" to an incinerator and
to subject Clarington residents to health, environmental and financial risks. Mr.
Bracken feels that Clarington will turn into "Hamilton East" noting dirty industry attracts
dirty industry. He stated property values will be diminished and the health of the
community, especially children, will be threatened. Mr. Bracken stated many of the
gasses and particulate matter released are toxic and harmful and that Council should
not ignore the opinions of seventy-five medical doctors who have signed a petition
opposing this incinerator and noted that organizations representing 33,000 doctors in
Europe and worldwide have sent an open letter to the European Parliament with their
concerns regarding the health effects of incinerators. Mr. Bracken noted several
Regional Councillors are undecided on the issue and he feels that if Clarington
rescinds their "Unwilling Host" position, these Regional Councillors will be less likely to
vote against the incinerator in June. Mr. Bracken also feels that the Ministry of the
Environment will be influenced by the position of the host community and expressed
concern that if the proposal is approved it may open the floodgates for incinerators to
be built across the country. Mr. Bracken urged Council not to rescind the "Unwilling
Host" community position and urged the public to attend the information session being
held on May 13, 2009, at the Garnet B. Rickard Recreation Complex to voice their
concerns on incineration.
Kerry Meydam addressed Council concerning Mayor Abernethy's Notice of Motion to
reconsider Clarington's "Unwilling Host" position. Ms. Maydam stated she was here
this evening to urge Council to retain the "Unwilling Host" position as she feels that if
the Municipality becomes a "Willing Host" to the proposed incinerator, Regional
Council will have no reason to oppose or delay the project. She noted the Ministry of
the Environment places significant weight on the issue of the "Unwilling Host"
community, as public opinion and community acceptance are an important part of the
process. Ms. Meydam expressed concern that every report prepared by the
consultants has been positive, that they recommend that no additional monitoring be
done, and that documented research presented by residents, medical doctors and
scientists has been questioned, or not accepted at all. Ms. Meydam questions what
has happened to taking a precautionary approach and why are residents being
labeled as radicals when they attempt to bring forward factual information.
Ms. Meydam stated the public is of the opinion that the issue is a done deal and she
hopes that politicians will consider the precautionary principle and consider
alternatives. She urged Council to retain its "Unwilling Host" status and to not
exchange public health for royalties.
Council Meeting Minutes - 5 - May 11, 2009
Nadia McLean-Gagnon addressed Council concerning Staff Report #1 -Report CAO-
002-09 stating as a resident of Courtice she was here this evening to ask Clarington's
Regional and local Councillors to keep the "Unwilling Host" status. Ms. McLean-
Gagnon urged local Councillors to not give in to the pressures to rescind the previous
decision and to remain an "Unwilling Host" community. She feels that after all of the
information Council has received on the matter, it would be reasonable to conclude
that the precautionary principle should apply. Ms. McLean-Gagnon feels the
incinerator is a huge mistake quoting the financial cost and expressing concern with
the serious health risks and implications the burning of toxins will have on the unborn,
children, and adults and the problems that will be passed on to future generations.
Ms. McLean-Gagnon urged all Councillors to stay the course and not to change the
municipality's "Unwilling Host" status.
Gabriel Gagnon addressed Council concerning Staff Report #1 -Report CAO-002-09
stating he has been following the debate on the sidelines and feels that now is the
time to speak on the project. Mr. Gagnon stated he was proud of Clarington Council
when they adopted the position of an "Unwilling Host" community, but he is aware that
it is a fragile position, and had hoped the many delegations appearing before Council
would convince Regional Councillors to change their opinions. Mr. Gagnon
questioned why the municipality would change the "Unwilling Host" position when the
Environmental Assessment is not complete and it has not been determined if the
facility is safe. Mr. Gagnon stated he feels that the public will engage in more
recycling and cited the success of the clear bag pilot project being conducted in his
neighbourhood. He also feels that if some of the funds being spent on the incinerator
project were diverted to supplying the public with clear bags, community buy-in and
diversion rates could significantly increase. Mr. Gagnon expressed concern that the
location of the proposed incinerator is in close proximity to places where people
gather such as Darlington Provincial Park, the Second Marsh, schools, soccer fields,
baseball diamonds, and farms and the pollution will negatively impact the public's
ability to enjoy the outdoors. Mr. Gagnon stated over seventy-five medical doctors
have signed a petition against incineration and he urged Council to maintain their
"Unwilling Host" community position.
Pierre-Philipe David addressed Council concerning Staff Report #1 -Report
CAO-002-09 stating he and his wife bought their home in Courtice two years ago as
they felt the community, with its vibrant small-town feeling, amenities and safe, clean
neighbourhoods, was the place they wanted to raise their family. He advised that had
he known at the time that an incinerator was planned, he would never have purchased
his home in Courtice. Mr. David feels as a parent it is his responsibility to ensure his
family is safe and healthy and to provide for his family in a community of which he can
be proud. Mr. David stated, despite his greatest efforts, he cannot protect his young
daughter from the air she breathes. Mr. David stated that Council, as public servants,
represent all members of society from newborns to the elderly and the decisions made
by Council will impact the entire public.
Council Meeting Minutes - 6 - May 11, 2009
He questioned whether burning garbage makes a community a better or more
attractive place to live and questioned if this Council wants to leave the legacy of
Clarington being the place that garbage is trucked in to burn. Mr. David urged Council
to maintain the "Unwilling Host" community status.
Eric McLean addressed Council concerning Staff Report #1 -Report CAO-002-09 as
a concerned resident of Durham Region. Mr. McLean feels that burning garbage
should never be a viable option and questioned the logic of adding more pollution to
the airshed. Mr. McLean stated being from Sudbury, he is well aware of the effects of
airborne pollutants on the environment, and questioned whether the incinerator is the
only solution. Mr. McLean feels that the public is not being sufficiently informed of the
project and that the majority of residents would not be in favour of incineration. Mr.
McLean urged Council to find an alternative solution to the problem and to maintain
the "Unwilling Host" community status.
Ashley Bridgeman addressed Council concerning Staff Report #1 -Report
CAO-002-09 stating she feels it is critically important for Council to maintain its
"Unwilling Host" position and that Members of Council have the obligation to stand up
for their constituents. Ms. Bridgeman stated the garbage belongs to everyone and
feels that just because Clarington has been chosen as the site with the most space,
does not mean the municipality has to accept it. Ms. Bridgeman feels that if
questioned, other Regional Councillors would not be in favour of the incinerator being
built in their municipalities either. Ms. Bridgeman urged Council to stand up for the
rights of Clarington citizens.
Michael Cuciurean advised prior to the meeting that he would not be addressing
Council.
Kerry Meydam addressed Council earlier in the meeting.
Wendy Bracken addressed Council concerning Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08 stating she feels it is imperative that Council maintain
its "Unwilling Host" position. Ms. Bracken stated that incineration fails on every front
as it will add large quantities of pollutants to the airshed, there will be increased truck
traffic, emissions from the facility will deposit contaminate on the lands, the energy
produces greenhouse gas, and the incinerator will bring a huge financial burden to the
Region. Ms. Bracken stated informed communities do not want incinerators and there
have been no new incinerators built in Ontario for twenty years. She advised that
incineration proposals are being fought in Europe and expressed concern that the
Region's consultants are members of an Energy-From-Waste Coalition and that
information provided by the consultants is one-sided. Ms. Bracken expressed concern
that ambient air monitoring will be done for three years only and that no human
biomonitoring will be conducted. She feels that public consultation should take place
on any Host Community Agreement and to trade public health for a few royalties and
infrastructure would be shameful. Ms. Bracken expressed concern that Regional
Councillors have consistently voted to advance the project and have failed to use the
precautionary principle.
Council Meeting Minutes - 7 - May 11, 2009
Ms. Bracken stated there is no credible information that this incinerator is good for the
community and urged Council to maintain the "Unwilling Host Community" status. Ms.
Bracken stated Clarington is not a willing host.
Resolution #C-269-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the Rules of Procedure be suspended and that Correspondence Items I - 6 (f)
and (g), D - 18 and D-19 be added to the Agenda.
"CARRIED"
COMMUNICATIONS
Correspondence Items I - 6 (f) and (g) were received as handouts.
Resolution #C-270-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information, including handout items
I - 6 (f) and (g) be approved, with the exception of Items I - 5, I - 8, I - 14, I - 18 and
I-21.
"CARRIED"
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated April 14, 2009.
I - 2 Minutes of the Central Lake Ontario Conservation Authority dated
April 21, 2009.
I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated
April 17, 2009.
I - 4 M. Januszkiewicz, Director of Waste Management Services, Region
of Durham, issuing a notice advising of the release of the draft Interim
Environmental Assessment (EA) study document; advising the
Region has agreed to release the draft Interim EA study document in
phases to maximize the pre-submission review by the Government
Review Team, Ministry of the Environment and the general public;
and attaching a CD copy of the draft Interim Environmental
Assessment study document.
Council Meeting Minutes - 8 - May 11, 2009
Comments on the draft Interim EA study document can be submitted
to the project team during the pre-submission period ending June 5,
2009, at info durhamyorkwaste.ca or submitted during the Ministry
of the Environment's regulated review period. The following is the
established schedule to consider the draft Interim EA documents:
May 6 -Site Liaison Committee, May 5 -Joint Waste Management
Group, May 20 -Works Committee and June 3 -Regional Council.
I - 6 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) Carol Macey
b) Maria Kordas-Fraser
c) Patricia Horan
d) Sylvia Vanhaverbeke
e) Mary-Ann Kalutai
f) Pam Callus and Jim Osborne
g) Barb Spencer
I - 7 Association of Municipalities of Ontario (AMO) Member
Communication Alert dated April 27, 2009, advising that candidates
for municipal office in Ontario are now exempt from the provisions of
the National Do Not Call List (DNCL), launched on September 30,
2008, imposing enforceable restrictions on organizations and
individuals placing unsolicited telephone calls to Canadians who had
registered on the List.
I - 9 John R. O'Toole, MP, Durham, forwarding a copy of the Municipality's
response from the Honourable Aileen Carroll, Minister of Culture, with
respect to Camp 30, advising that he, along with so many
Bowmanville residents, was saddened by the recent fire at the site;
trusting that Council and citizens will not be discouraged by this turn
of events and will continue with initiatives that give the site the
recognition it deserves; and, enclosing the official Report of Debates
(Hansard) of April 6, 2009, where he raises the historical significance
of Camp 30 in the Legislature.
I - 10 John R. O'Toole, MP, Durham, writing to Michael Patrick, President,
Clarington Board of Trade, advising that he agrees that it is important
for Clarington to be a balanced municipality, offering local jobs and
investment opportunities; that he supports the Board of Trade and the
Municipality in seeking planning policies that aim for more jobs for
local residents, along with well-planned growth for the future; and,
that the amount of "employment lands" allocated to Durham Region in
the "Places to Grow" document is unfair.
Council Meeting Minutes - 9 - May 11, 2009
I - 11 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable James J. Bradley, Minister of Transportation, advising
that on April 22, 2009, Regional Council adopted the following
resolution pertaining to The Greater Toronto and Hamilton Area
Transit Implementation Act, 2009:
"a) THAT the following recommendations for changes to Bill 163, the
Greater Toronto and Hamilton Area Transit Implementation Act
2009 be forvvarded to the Minister of Transportation and to the
provincial Standing Committee on Finance and Economic Affairs:
i) The Province must recognize in Bill 163 that, for municipalities
to plan effectively for key intensification corridors, they must be
included as true partners in the planning and implementation
decisions around major transit infrastructure in their
municipality;
ii) The Province must foster the meaningful participation and
strong co-operation from municipalities that is vital to
effectively implement the Regional Transportation Plan by
creating a `hybrid board of directors' that retains municipal
representation on the proposed 15 member consolidated
Metrolinx board as well as including private sector experts;
iii) Since Metrolinx will be investing a very large amount of public
funding, Bill 163 must include provisions to ensure that the
consolidated board will operate as openly, transparently and
accountably as possible;
iv) The Province must simplify and clarify how the various
provincial acts, plans and policies for the Greater Golden
Horseshoe fit together;
v) The Province must assume the responsibility for establishing,
implementing and administering a Provincial
Transit/Transportation Development Charge and related
funding model to replace the existing GO Transit development
charge pursuant to the Development Charges Act 1997. This
Provincial Transit/Transportation Development Charge and
related funding models must form an integral part of the future
investment strategy by incorporating the capital projects set
forth in the Metrolinx Regional Transportation Plan and GO
Transit capital plans to ensure that the growth components of
these plans are funded from growth revenue sources;
Council Meeting Minutes - 10 -
May 11, 2009
vi) The regulatory authority in Bill 163, to prescribe a transit
system as part of the Metrolinx system, must be accompanied
by a responsibility to mitigate any negative impacts, financial or
otherwise, on an affected municipally-operated transit system,
as a result of the prescription of a system within its service
area. One way to do this is to balance provincial investment in
the regional and municipal transit system; and
b) THAT a copy of Joint Report No. 2009-J-19 of the Commissioners
of Finance, Works and Planning be forwarded for information to
the Ministers of Energy and Infrastructure, and Municipal Affairs
and Housing, Durham Region MPP's, the Chairs of Metrolinx and
GO Transit, the Cities of Toronto and Hamilton, the Regions of
Halton, Peel and York, and the eight Durham area municipalities."
I - 12 P. M. Madill, Regional Clerk, Region of Durham, advising that on
April 22, 2009, Regional Council adopted the following resolution
pertaining to the Quarterly Report on Planning Activities:
"a) THAT Report #2009-P-29 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2009-P-29 be forwarded to all Durham
Area Municipalities, Durham Regional Police Services, and
Durham Emergency Medical Services for information."
I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising that on
April 22, 2009, Regional Council adopted the following resolution
pertaining to the Annual Subdivision/Condominium Activity Report for
2008:
"a) THAT Report #2009-P-28 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2009-P-28 be forwarded to the area
municipalities."
Council Meeting Minutes - 11 - May 11, 2009
I - 15 Canadian Urban Institute issuing a Media Release/Communique
dated April 27, 2009, advising that the Special Senate Committee on
Aging has released its Final Report "Canada's Aging Population:
Seizing the Opportunity' focusing on five recommendations ranging
from the promotion of active, healthy aging to issues such as ensuring
that Canadians are able to age in place with adequate housing,
transportation, and integrated health and social care services; and,
indicating that the section of the report dealing with the built
environment emphasizes the importance of incorporating the
principles of universal design to plan "lifetime neighbourhoods" and
apply the principles of barrier-free design to all aspects of the built
environment to improve accessibility for everyone.
I - 16 Harold Sellers, Executive Director, Oak Ridges Trail Association,
expressing appreciation for the $500 grant which will assist the
Association with general maintenance, repairs and improvements to
the Oak Ridges Moraine Trail.
I - 17 Cheri Smith, Manager, Resource Development & Special Events, The
Clarington Project, Community Living, expressing appreciation for the
$1,000 grant which will assist Community Living in providing the
highest quality of life possible for people with intellectual disabilities
by creating opportunities for inclusion, citizenship, acceptance and
partnership.
I - 19 John R. O'Toole, MPP, Durham, forwarding a copy of
correspondence he received from the Honourable Donna Cansfield,
Minister of Natural Resources,(MNR) regarding the Kendal Crown
Lands, advising the MNR has made no commitments to form
partnerships or received any formal proposals or submissions
regarding the Kendal Property; however, the Ontario Federation of
Anglers and Hunters has expressed an interest in a possible
partnership and have indicated that they will be reviewing their
interest in the property during spring 2009 and that staff will update
Mr. O'Toole of plans and consultation on the Kendal property.
I - 20 Peter Simmons, Director, Municipal and Community Engagement,
Nuclear Waste Management Organization, forwarding a copy of the
Nuclear Waste Management Organization discussion document
"Moving Forward Together: Designing the Process for Selecting a
Site -Invitation to Review a Proposed Process for Selecting a Site"
and a copy of the NWMO Activity Update (April 2009). The site
selection document will be made available for public review and
comment on the NWMO website.
Council Meeting Minutes - 12 - May 11, 2009
I - 5 Sandra Kranc, City Clerk, City of Oshawa, writing to P. Madill,
Regional Clerk, Region of Durham, advising that on April 20, 2009,
the City of Oshawa adopted the following resolution pertaining to the
Region of Durham's Proposed Energy from Waste Facility:
"Whereas the Region of Durham has selected a site in the
Municipality of Clarington for its proposed Energy From Waste (EFW)
Facility; and,
Whereas Municipality of Clarington staff and Region of Durham staff
did not respond positively to Oshawa's offer to partner on a public
information session on the proposed EFW Facility; and,
Whereas Municipality of Clarington staff have now advised it is no
longer interested in partnering with the Region of Durham and other
municipalities in coordinating a public meeting on the proposed EFW
Facility; and,
Whereas the Region of Durham intends to select a preferred
proponent to build and operate the proposed EFW Facility at its
Council meeting on April 22, 2009 (Covanta Energy Corporation is
recommended by Regional staff and the Joint Works and Finance and
Administration Committee); and,
Whereas The Region of Durham will be hosting an Open House on
May 12, 2009 at a location in the Municipality of Clarington on the
proposed EFW Facility; and,
Whereas following the selection of the preferred proponent on
April 22, 2009, the Region of Durham intends to complete the
following documentation associated with the proposed EFW Facility:
Environmental Assessment Documentation, Environmental Protection
Act (EPA) Approvals, Ontario Water Resources Act (OWRA)
Approvals and Permits and Certificates of Approval with the Ministry
of the Environment;
Therefore be it resolved:
That Regional Council be requested to engage a qualified
independent peer review consultant to review and independently
and publicly report to Regional Council on the completeness of all
of the documentation intended to now be prepared by Covanta
Energy Corporation and Genivar/Jacques Whitford and other
Covanta/Regional Consultants and the acceptability of any
environmental and public health impacts of the proposed EFW
Facility based on said documentation;
Council Meeting Minutes - 13 - May 11, 2009
2. That Regional Council be requested to direct the Regional Health
and Social Services Department and Medical Officer of Health to
review and independently and publicly report to Regional Council
on the completeness of all of the documentation intended to now
be prepared by Covanta Energy Corporation and Genivar/Jacques
Whitford and other Covanta/Regional Consultants and the
acceptability environmental and public health impact of the
proposed EFW Facility based on said documentation and that
Regional Council be requested to direct the Medical Officer of
Health, Dr. Robert Kyle to compare and report on his professional
medical opinion as to whether the process is safe or not.;
That Regional Council be requested to update the business case
for the proposed EFW Facility to reflect the selection of the
preferred proponent and consider and chart the implications of
pending plant closures on the tax base and the resulting impact of
the construction and operation of the incinerator on Regional
taxes;
4 That Correspondence SIC-09-17 dated March 26, 2009 from
Marisa Kata and Correspondence SIC-09-18 dated March 27,
2009 from Anne Maxwell be received for information and the
correspondents be advised the EFW process is under the control
and guidance of the Region of Durham and the Region intends to
hold an Open House on the proposed EFW Facility on May 12,
2009;
5. That Item 1 from the Oshawa Environmental Advisory Committee
(SIC-07-51 ), Item 3 from Colleen Knight (SIC-08-11 and SIC-08-
22), Item 4 from Paul-Andre Larose (SIC-08-15), Item 5 from Louis
Bertrand (SIC-08-23), Item 6 from Rebecca Harrison (SIC-09-13)
and Item 7 from Chris White (SIC-09-14) on the Strategic
Initiatives Committee Outstanding Items Status Report regarding
the proposed EFW Facility be lifted from the table and received for
information and the correspondents be advised the EFW process
is under the control and guidance of the Region of Durham and
the Region intends to hold an Open House on the proposed EFW
Facility on May 12, 2009;
6. That Item 2 from the Municipality of Clarington (SIC-08-18) on the
Strategic Initiatives Committee Outstanding Items Status Report
be received for information; and,
7. That in the event the Region does not agree, that a copy of this
resolution be sent to the Ministry of the Environment to request the
Province to undertake these processes prior to any decision of an
Environmental Assessment Application."
Council Meeting Minutes - 14 - May 11, 2009
Resolution #C-271-09
Moved by Councillor Foster, seconded by Councillor Robinson
WHEREAS Clarington Council is unaware of any offeror refusal of such to
partner on a Public Information Session on the Proposed Energy-From-Waste
Facility;
WHEREAS Clarington Council may in fact be interested in exploring such an
opportunity;
THEREFORE BE IT RESOLVED THAT Clarington request of the City of
Oshawa further information on the original offer and refusal of partnering on
such a session and explore future opportunities to partner such a session; and
FURTHER THAT Clarington endorse Oshawa's position:
That Regional Council be requested to engage a qualified independent peer
review consultant to review and independently and publicly report to
Regional Council on the completeness of all of the documentation intended
to now be prepared by Covanta Energy Corporation and Genivar/Jacques
Whitford and other Covanta/Regional Consultants and the acceptability of
any environmental and public health impacts of the proposed EFW Facility
based on said documentation;
That Regional Council be requested to direct the Regional Health and Social
Services Department and Medical Officer of Health to review and
independently and publicly report to Regional Council on the completeness
of all of the documentation intended to now be prepared by Covanta Energy
Corporation and Genivar/Jacques Whitford and other Covanta/Regional
Consultants and the acceptability environmental and public health impact of
the proposed EFW Facility based on said documentation and that Regional
Council be requested to direct the Medical Officer of Health, Dr. Robert Kyle
to compare and report on his professional medical opinion as to whether the
process is safe or not.;
3. That Regional Council be requested to update the business case for the
proposed EFW Facility to reflect the selection of the preferred proponent and
consider and chart the implications of pending plant closures on the tax base
and the resulting impact of the construction and operation of the incinerator
on Regional taxes;
4. That in the event the Region does not agree, that a copy of this resolution
be sent to the Ministry of the Environment to request the Province to
undertake these processes prior to any decision of an Environmental
Assessment Application
"MOTION WITHRAWN"
Council Meeting Minutes - 15 - May 11, 2009
Resolution #C-272-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item I - 5 from the City of Oshawa with respect to the
Region of Durham's Proposed Energy-From-Waste Facility be referred to the
Municipal Clerk for inclusion in next General Purpose and Administration
Committee Agenda.
"CARRIED"
I - 8 Dr. Elaine Ho and Dr. Vincent Ho, writing to Foster Loucks, Chair,
Board of Directors and Debora Hammons, CEO, Central East LHIN,
expressing concern with the possibility of removing the Special Care
Unit and resulting loss of internal medicine and/or general surgery
coverage from Lakeridge Health Bowmanville; advising from their
point of view as family doctors, it will compromise the quality of
patient care as these services are essential for an acute care hospital
and emergency department and that family physicians rely on the
expertise of internists with respect to complex medical patients that
they encounter on a regular basis; indicating that with the
Municipality's population growing and new nuclear plant development,
there will be a need to expand Lakeridge Health Bowmanville;
expressing concern that partial funding slated for Lakeridge Health
Corporation was diverted to other areas and hoping that adequate
funding will be provided to Lakeridge Health Corporation to reflect the
population growth and that investment in Lakeridge Health
Bowmanville reflects the needs of the population.
Resolution #C-273-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 8 from Dr. Elaine Ho and Dr. Vincent Ho with
respect to funding for Lakeridge Health Bowmanville be received for
information.
°CARRI ED"
I - 14 Lucille King, MPA, Director of Corporate Services/Town Clerk, Town
of Aurora, writing to Bill Fisch, Chair and CEO, Region of York,
advising that on April 14, 2009, the Town of Aurora adopted the
following resolution pertaining to Hospital Funding Capital Projects:
"THAT, in order to improve timely and local access to hospital care in
Aurora and across high growth communities in Ontario, the Town of
Aurora asks that the Government of Ontario:
Council Meeting Minutes - 16 - May 11, 2009
1. Speed up implementation of hospital growth funding commitment,
ensuring that $100 million in growth funding is targeted to high
growth hospitals and provide growth funding for social services;
and
Quickly implement "Health Based Allocation Model" (HBAM), i.e.
population-needs-based-funding for provincial health care funding
and develop apopulation-needs-based-funding formula for social
services; and
3. Develop a health care and social services growth plan for Ontario
to complement "Places to Grow'; and
THAT this resolution be forwarded to the Premier of Ontario, the
Minister of Health and Long-Term Care, the Minister of Finance, the
MPP for Newmarket-Aurora, York Region Chair and CEO, the Town
of Newmarket, High Growth Communities Mayors and Chairs, and the
Central LHIN."
I - 18 Hazel McCallion, Mayor, City of Mississauga, writing to the
Honourable Dalton McGuinty, Premier of Ontario, advising that on
April 22, 2009, the City of Mississauga adopted a resolution urging
the Province to support fairness in provincial funding to allow for the
improvement of timely and local access to hospital care in the City of
Mississauga and across high growth communities in Ontario.
Resolution #C-274-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT the resolutions from the Town of Aurora and the City of Mississauga with
respect to Hospital Funding Capital Projects and Health Care and Social
Services Growth Plan for High Growth Communities in Ontario be endorsed.
"CARRIED"
I - 21 Douglas Allingham, Lakeridge Health Board Chair, thanking Council
for expressing their concerns to Health Minister David Caplan
regarding the future of services at Lakeridge Health Bowmanville;
offering reassurance that Lakeridge Health is firmly committed to an
acute care facility in Bowmanville; acknowledging and agreeing that
the volume of patients will only increase as Clarington continues to
experience population and economic growth; and, confirming that
Lakeridge Health's hospital and medical leadership is continuing to
work diligently with doctors and specialists in Bowmanville to examine
options to help alleviate the longstanding issues relating to specialist
attraction and retention at Lakeridge Health Bowmanville.
Council Meeting Minutes - 17 - May 11, 2009
Resolution #C-275-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 21 from Douglas Allingham, Lakeridge Health
Board Chair, with respect to the future of services at Lakeridge Health
Bowmanville, be received for information.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 18 and D - 19 were received as handouts.
Resolution #C-276-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 11 be approved as per the agenda, with the
exception of Items D - 9, D - 10 and D - 11.
"CARRIED"
D - 1 M. Aileen Carroll, Minister Responsible for Seniors, advising that
June 2009 marks the 25th Anniversary of Seniors' Month in Ontario;
encouraging municipalities to honour local seniors by attending and
hosting events in the community; and, requesting that June 1 - 30 be
proclaimed as "Seniors' Month".
(Proclaimed)
D - 2 Jennifer Knox tendering her resignation from the Clarington Heritage
Committee advising she has enjoyed serving on the Committee for
the past eight years and will continue her dedication to preserve the
physical and cultural heritage of Clarington.
(Correspondence received with regret
and referred to the Municipal Clerk)
D - 3 Gary Cole, District Master, West Durham District L.O.L., requesting
the week of July 4 - 11, 2009, be proclaimed as "Orange Week";
and, advising of several functions scheduled during the week which
will commence on July 4th with the Annual Orange Parade in
Bobcaygeon.
(Request denied and staff to advise
that Municipal policy does not allow
proclamations to be granted for
matters of religious belief)
Council Meeting Minutes - 18 - May 11, 2009
D - 4 Alexander M. Lyall tendering his resignation from the Clarington
Traffic Management Advisory Committee and Road Watch as he is
relocating outside of the municipality and extending best wishes to
the Committee in their future endeavours.
(Correspondence received with regret
and referred to the Municipal Clerk)
D - 5 Liz Rootham, Director General, Community Development and
Partnerships Directorate, Human Resources and Social
Development Canada, forwarding a nomination brochure and poster
for the 2009 Therese Casgrain Volunteer Award. The 2009 Award
will be presented to two exceptional volunteers -one for Youth
Participation and one for Lifelong Commitment to individuals whose
social commitment and persistent efforts have contributed
significantly to the well-being of their fellow Canadians. Nominations
are open until June 19, 2009.
(Correspondence referred to the
Municipal Clerk to place a notice in the
local newspapers)
D - 6 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade,
requesting permission to hold the 48~h Annual Community of
Bowmanville Santa Claus Parade on Saturday, November 21, 2009,
beginning at 10:30 a.m.; highlighting the parade route; requesting the
cooperation of the Police Department, Operations Department and
Municipal Services and the use of the Old Fire Hall; and, thanking all
involved for their continued support in making the parade a great
success.
(Approved provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 7 Joan Booth, Executive Director, Spina Bifida & Hydrocephalus
Association of Ontario, requesting Council to proclaim the month of
June as "Spina Bifida and Hydrocephalus Awareness Month" in
Clarington to help raise awareness of the many challenges brought
on by these serious, disabling conditions.
(Proclaimed)
Council Meeting Minutes - 19 - May 11, 2009
D - 8 Colin Andersen, Chief Executive Officer, Ontario Power Authority,
urging Council to actively take part in Ontario's second province-wide
Energy Conservation Week, May 17 - 23, 2009; forwarding the
Authority's Energy Conservation Week 100 conservation ideas
information piece/poster and brochure on conservation issued by the
Ontario Power Authority; and, suggesting the municipality make use
of the campaign website: energyconservationweek.ca to access and
share information related to Energy Conservation Week activities.
(Correspondence referred to the
Chief Administrative Officer and to
the Clarington Living Green
Community Advisory Committee)
D - 9 Kelly Knight forwarding a petition from residents of Dadson Drive and
Squire Fletcher Drive advising of ongoing problems with speeding
and uncontrolled driving in their neighbourhood and requesting that
traffic calming measures be investigated to address safety concerns.
Resolution #C-277-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item D - 9 from Kelly Knight regarding speeding
concerns be referred to the Director of Engineering Services and to the
Clarington Traffic Management Advisory Committee.
"CARRIED"
D - 10 Dr. David Fowler, Durham Church Network, thanking Council and
staff for the assistance provided to date in facilitating approvals with
respect to land use issues for their Best Start Hub, a facility to
include child daycare services, an Early Learning Centre, Health
Units and programs that support the development of strong families
and healthy living, to be located on the south side of Taunton Road,
east of Townline Road; indicating they have recently been advised
that the Federal government will be announcing a stimulus
infrastructure program -Recreational Infrastructure Canada (Rlnc)
that the Best Start Hub will fit exactly within the program parameters
for RInC funding; advising that the Durham Church Network has
approximately one week to compile the proposal in order to submit it
as soon as the program is announced; and, asking if Council would
be willing to provide a letter of support to include in the submission to
the RInC program indicating that the municipality is doing all that is
possible to insure that this project is fast-tracked to meet the RInC
requirements of being "Shovel Ready'; and, that the letter be
provided to the Durham Church Network this week.
Council Meeting Minutes - 20 - May 11, 2009
Resolution #C-278-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Correspondence Item D - 10 from Dr. David Fowler, Durham Church
Network, be referred to the Director of Planning Services to prepare a
response; and, that the Mayor be authorized to forward the response on behalf
of Council.
"CARRIED"
D - 11 Douglas Cronk writing further to his letter of March 31, 2009,
regarding the compensation for elected officials appointed to
Veridian Corporation Boards; advising he remains extremely
dissatisfied with the manner in which the issue was dealt with by
Council and that he is of the opinion that both Councillor Novak and
Councillor Foster should have declared a conflict of interest
regarding the vote as the issue relates to their personal income; and,
requesting Council to review the issue in light of the apparent conflict
of interest and to reverse their earlier decision and to deal
appropriately with the matter now versus passing it off to the next
elected Council.
Resolution #C-279-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Correspondence Item D - 11 from Douglas Cronk, with respect to
compensation for elected officials appointed to Veridian Corporation Boards,
be referred to the Municipal Clerk to prepare a response outlining the Municipal
Conflict of Interest Act as it relates to remuneration issues.
"CARRIED"
Resolution #C-280-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for five minutes.
"CARRIED"
The meeting reconvened at 8:54 p.m.
Council Meeting Minutes - 21 - May 11, 2009
D - 12 Susan DaCosta, forwarding a copy of correspondence sent to the
Orono Times and to Clarington This Week regarding funding for
renovations to Total Hockey to provide lease space to Community
Care and for remuneration paid to Members of Council to sit on the
Veridian Board; requesting that Council review the issue of
remuneration, specifically for the Veridian Board; suggesting that
guidelines be put in place so that all Boards and Council members
know exactly what is involved; and, requesting that Council revisit
this issue and provide clarification now.
Resolution #C-281-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D - 12 from Susan DaCosta, regarding the issue
of remuneration for elected officials appointed to Boards and Committees, be
received for information.
"CARRIED"
D - 13 Debi A. Wilcox, City Clerk, City of Pickering, writing to the Canadian
Transplant Association, advising that on April 20, 2009, the City of
Pickering adopted the following resolution with respect to Increasing
Organ Donations -Saving Lives:
"WHEREAS according to media reports there are nearly 1,700
Ontarians waiting for organ transplants; and
WHEREAS according to media reports, there are about 4,000
Canadians waiting for organ transplants; and
WHEREAS according to media reports, 140 to 250 people die each
year in Canada awaiting organ transplants; and
WHEREAS according to the Canadian Medical Association Journal
presumed consent, making every eligible person automatic organ
donor upon death unless they specifically opt out ahead of time, is
practiced in various forms in Europe in countries such as Belgium
and Spain; and
WHEREAS the current system in Ontario requires persons who want
to donate their organs to fill out a donor card to notify family
members who are then asked to provide final consent even if the
donor filled out an organ donor consent card; and
Council Meeting Minutes - 22 - May 11, 2009
WHEREAS many good organs that could be donated are being
buried or cremated rather than harvested for those in great need or
even dying on waiting lists; and
WHEREAS a recent Toronto Star-Angus Reid poll has found that
64% of Ontarians support provincial legislation that would make
everyone an automatic organ donor unless they explicitly opt out
amongst other options; and
WHEREAS such legislation would cut a long standing chronic
shortage of organ donors across the province and save many lives.
NOW THEREFORE BE IT RESOLVED THAT
The City of Pickering encourage and support provincial legislation for
making every eligible person an automatic organ donor upon death
unless they specifically opt out ahead of time to address the chronic
shortage of organ donations and saving many lives.
This motion be forwarded to the Canadian Transplant Association,
the Trillium Gift of Life, all municipalities n Durham Region, Regional
Health & Social Services Committee, Ontario Municipal Association,
and MPP's for Ajax-Pickering and Scarborough East-Pickering."
Resolution #C-282-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the resolution from the City of Pickering, with respect to Increasing
Organ Donations -Saving Lives, be endorsed.
"CARRIED"
D - 14 Peter White, President, Society of Professional Engineers and
Associates (SPEA) writing to the Honourable Dalton McGuinty,
Premier of Ontario, congratulating the government for showing
significant foresight and leadership in pursuing new nuclear power
for Ontario; advising of the importance for the government to
recognize that buying a Canadian made, designed, and supplied
nuclear reactor is the best choice for Ontario, highlighting the
benefits of selecting CANDU, including the maintenance and
creation of thousands of jobs for skilled trades people and
professionals; indicating that CANDU reactors have safely supplied
electricity to Ontario for over 40 years with no greenhouse gas or
smog; and, encouraging the Province to continue to make the right
choice and to choose CANDU, and requesting Council's support.
Council Meeting Minutes - 23 - May 11, 2009
Resolution #C-283-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item D - 14 from Peter White, President, Society of
Professional Engineers and Associates, with respect to support for CANDU
reactors, be received for information.
"CARRIED"
Councillor Foster stated a pecuniary interest with respect to Correspondence
Item D - 15 as Barb and Bob Cowle are clients of Argosy, his employer.
Councillor Foster refrained from discussion and voting on this matter.
D - 15 Barb and Bob Cowle, requesting an extension of four months to
move two sheds that are close to the property line at 2682
Prestonvale Road, originally scheduled to be moved on May 16~n
The correspondence indicates that the owners are in the process of
getting the house ready for sale, have personal family responsibilities
to attend to; and, coupled with the fact they live 2 '/2 hours away,
they are requesting the extension.
Resolution #C-284-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the request from Barb and Bob Cowle, for an extension to move two
sheds at 2682 Prestonvale Road, be approved.
"CARRIED"
D - 16 Chris Darling, MCIP, RPP, Principal Planner, Region of Durham,
requesting the Municipality to appoint a citizen representative to the
Durham Trail Coordinating Committee; and, advising that John
Stoner has expressed interest in serving on the Committee.
Resolution #C-285-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT John Stoner be appointed as citizen representative to the Durham Trail
Coordinating Committee on behalf of the Municipality of Clarington.
°CARRI ED"
Council Meeting Minutes - 24 - May 11, 2009
D - 17 Denise Labelle-Gelinas, CMO, City Clerk, City of Cornwall, advising
Council that on April 27, 2009, the City of Cornwall adopted the
following resolution pertaining to the Provincial Harmonized Sales
Tax:
"WHEREAS the Provincial Government has recently announced the
harmonization of the 5% GST and the 8% PST; and
WHEREAS, the Harmonized Sales Tax will negatively impact the
registration costs for minor sports by an increase in facility rental
fees and registration fees; and
WHEREAS these increased costs will prevent some youth from
participating in sporting activities; and
THEREFORE BE IT RESOLVED, that we, City Council, send an
appeal to the Provincial Government to exempt items related to the
rental of recreation facilities and registration fees for minor sports to
ensure that all youth are able to afford to participate; and
BE IT FURTHER RESOLVED that we, City Council, request to have
AMO lobby the Provincial Government on our behalf; and that a copy
of this Resolution be sent to all municipalities in Ontario requesting
their support.
Resolution #C-286-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from the City of Cornwall, with respect to the Provincial
Harmonized Sales Tax, be referred to the Director of Finance/Treasurer.
"CARRIED"
D - 18 Barb North urging Council to maintain its "Unwilling Host" position
regarding the proposed Energy-From-Waste facility to be built in
Clarington; acknowledging that a great deal of money has already
been spent on this project but advising she feels it is better to back
out of the project now than to continue and accept the negative
consequences and suffer serious health and financial issues in the
future.
D - 19 Christine Jackson urging Council not to rescind its "Unwilling Host"
position regarding the proposed Energy-From-Waste facility to be
built in Clarington and to put the health of Clarington residents ahead
of the wants of the Region of Durham.
Council Meeting Minutes - 25 - May 11, 2009
Resolution #C-287-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Correspondence Item D - 18 from Barb North, and Correspondence
Item D - 19 from Christine Jackson, urging Council to maintain its "Unwilling
Host" position regarding the proposed Energy-From-Waste facility, be received
with thanks.
"CARRIED"
COMMITTEE REPORT(S)
Report #1 -General Purpose and Administration Committee Report May 4, 2009.
Resolution #C-288-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of May 4, 2009, be
approved, with the exception of Items #13 and #14.
"CARRIED"
Item #13
Resolution #C-290-09
Moved by Councillor Robinson, seconded by Councillor Hooper
WHEREAS there is no need to have a Member of Council sit on the Clarington Sports
Hall of Fame Selection Committee,
THEREFORE BE IT RESOLVED:
THAT the Clarington Sports Hall of Fame Selection Committee remain as a
Committee independent of a Committee of Council; and
THAT the process and procedures regarding the selection criteria for inductees to the
Clarington Sports Hall of Fame remain status quo.
"CARRIED"
Council Meeting Minutes - 26 - May 11, 2009
Item #14
Resolution #C-291-09
Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS requests for use of Municipality of Clarington recreation facilities at no
cost are referred to the Community Grant Program for eligibility and funding where
appropriate;
AND WHEREAS under the current criteria the Bowmanville Rotary Club would be
considered ineligible for a Community Grant;
AND WHEREAS the Bowmanville Rotary Club operated the 1ST Clarington Rotary
Ribfest event in June 2008 as part of the Bowmanville 150~h Anniversary Celebration
at a deficit of $28,758;
NOW THEREFORE BE IT RESOLVED:
THAT CSD-007-09 be lifted from the table;
THAT Addendum to Report CSD-007-09 be received;
THAT the facilities and services as requested, and as listed in Section 2.3 of Report
CSD-007-09, be approved with the total cost of services being $7,070.00;
THAT Council require the Bowmanville Rotary Club to provide, for the duration of the
event, general liability insurance in an amount of not less than five million dollars
(5,000,000) per occurrence;
THAT an original Certificate of Insurance shall be submitted to the Municipality of
Clarington and shall name the Municipality of Clarington as an Additional Insured;
THAT the request of the Bowmanville Rotary Club for use of the east and west ball
diamonds at the Rickard Recreation Complex June 12 to 15, 2009, be provided at no
cost;
THAT this be considered a "one time" exception and the normal practice of referring
such requests to the Community Grant Program continue; and
THAT the Bowmanville Rotary Club be advised of Council's decision.
"CARRIED"
Council Meeting Minutes - 27 -
STAFF REPORT(S)
May 11, 2009
Report PSD-045-09 -Amendment to Agreement for Acquisition of 71 Old Kingston
Road, Valley Land and 0.5 Ha Parkette
Resolution #C-292-09
Moved by Councillor Trim, seconded by Councillor Foster
THAT the Rules of Procedure be suspended and that Report PSD-045-09 -
Amendment to Agreement for Acquisition of 71 Old Kingston Road, Valley Land and
0.5 Ha Parkette be added to the Agenda.
"CARRIED"
Resolution #C-293-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report PSD-045-09 be referred to a closed session of Council following the
Unfinished Business Section of the Agenda.
"CARRIED"
Addendum to Report CAO-002-09 -Status of Energy-From-Waste Host Community
Agreement Negotiation
Resolution #C-294-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT Addendum to Report CAO-002-09 be received;
THAT Council approve the Host Community Agreement negotiated by the Clarington
and the Region CAO's as identified in Report CAO-002-09 and in the Addendum to
Report CAO-002-09;
THAT Council urge Regional Council to endorse same and direct Regional staff to
finalize the Host Community Agreement;
THAT the Mayor and Clerk be authorized to execute the Host Community Agreement
subject to its final review by the Clarington Solicitor.
"MOTION TABLED"
(See following motion)
Council Meeting Minutes - 28 - May 11, 2009
Resolution #C-295-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the foregoing Resolution #C-294-09 be tabled to a special meeting of Council to
be held on Friday, May 15, 2009, at 9:00 a.m. in the Council Chambers.
"CARRIED LATER IN THE MEETING"
(See following motion)
Resolution #C-296-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Council recess for five minutes.
"CARRIED"
The meeting reconvened at 9:27 p.m.
The foregoing Resolution #C-295-09 was then put to a vote and CARRIED.
BUSINESS ARISING FROM NOTICE OF MOTION
Mayor Abernethy advised he would not be proceeding with the Notice of Motion to
rescind Resolution #C-032-08 at this time.
UNFINISHED BUSINESS
Resolution #C-297-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the delegations of Linda Gasser, Barry Bracken and Wendy Bracken be
received with thanks.
"CARRIED"
Council Meeting Minutes - 29 - May 11, 2009
Resolution #C-298-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report PSD-045-09 be received;
THAT the Mayor and Clerk be authorized to enter into an amending Agreement for the
acquisition of 71 Old Kingston Road, the valley lands associated with a portion of the
Farewell Creek, south of Highway 2 and a 0.5 ha parkette in Courtice; and
THAT the By-law contained in Attachment 3 to Report PSD-045-09 be approved
authorizing the Mayor and Clerk to execute the Amending Agreement.
"CARRIED"
BY-LAWS
Resolution #C-299-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2009-055 to 2009-059 inclusive;
2009-055 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Teri BeIl/Thornlea Holsteins Ltd.)
2009-056 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Hard-Co Construction Ltd.,
Whitby, Ontario, to enter into agreement for the Nash Road
Reconstruction, Courtice, Ontario
2009-057 Being a by-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Robert Chung)
2009-058 Being a by-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Tim Smith)
2009-059 Being a By-law to authorize an amending agreement to facilitate
acquisition of 71 Old Kingston Road, valley lands associated with
a portion of the Farewell Creek, south of Highway 2 and a 0.5 ha
parkette in Courtice as detailed in PSD-045-09 and PSD-024-09;
and
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
Council Meeting Minutes - 30 -
NOTICE OF MOTION
May 11, 2009
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
The Director of Engineering Services provided an update regarding the construction
timeline with respect to the Mill Street underpass and advised he will be preparing an
information report to Council on the matter in the near future.
Councillor Novak issued a reminder regarding the Public Information Session
scheduled for May 13, 2009, at the Garnet B. Rickard Recreation Complex from
4:00 p.m. until 6:00 p.m. and from 7:00 p.m. until 9:00 p.m. on the Energy-From-
Waste facility.
CONFIRMING BY-LAW
Resolution #C-300-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2009-060, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 11 ~h day of May, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-301-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the meeting adjourn at 9:35 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
~ :~arin~rnn
Clariogton
tead(ngrbelVny Special Council Meeting Minutes
MAY 15, 2009
Minutes of a special meeting of Council held on May 15, 2009, at 9:07 a. m., in the
Council Chambers.
Councillor Hooper led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caru~na
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon
Solicitor, D. Hefferon
Director of Corporate Services and Human Resources, M. Marano
Director of Emergency Services, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Deputy Clerk, A. Greentree
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
Resolution #C-302-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the Rules of Procedure be suspended and that the order of the Agenda be
altered to allow Nadia McLean-Gagnon to address Council as the first delegation.
"CARRIED"
Council Meeting Minutes - 2 - May 15, 2009
DELEGATIONS
Nadia McLean-Gagnon addressed Council concerning Mayor Abernethy's Notice of
Motion to rescind Resolution #C-032-08. Ms. McLean-Gagnon believes the proposed
incinerator is a huge mistake and urged Members of Council not to vote in favour of
rescinding the "Unwilling Host" community status. Ms. McLean-Gagnon questioned
why Mayor Abernethy is passing the responsibility for the decision onto the Region
and the Ministry of the Environment when Clarington has the option to say no at the
local level. She feels that if the Mayor does not care about Clarington, then why
should the community expect that higher levels of government will put Clarington's
best interest first. Ms. McLean-Gagnon feels there are many problems with the
process and expressed concern that soon it will be too late. She feels that if all
Members of Council were united, the process could be stopped. Ms. McLean-Gagnon
stated science is proving incineration is unsafe and that she is basing her advocacy
on science. Ms. McLean-Gagnon stated the process is flawed, there have been
numerous errors in the Consultant's reports, conclusions are based on assumptions,
and, the consultants do not provide adequate responses to questions asked by the
public. Ms. McLean-Gagnon stated it does not make sense that there will be no
negative effects and feels that Regional Councillors are not listening to those opposed
to incineration as much as to those who support it.
Linda Gasser addressed Council concerning Staff Report #1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution
#C-032-08. Prior to commencing her delegation, Ms. Gasser requested confirmation
of any additional reports, memos or handouts for today's meeting. Ms. Gasser feels
there is no need for Council to rush into signing a Host Community Agreement prior to
receipt of key reports including the Air Quality Assessment, the Site Specific Human
Health Ecological Risk Assessment Report, and the Draft Environmental Assessment
which she feels should be reviewed prior to conclusions being formed. Ms. Gasser
stated there is no requirement for a Host Community Agreement to be signed prior to
the EA study being submitted and she feels that pressing the Municipality to accept
the Host Community Agreement demonstrates that the Environmental Assessment is
more about politics than substance. Ms. Gasser expressed concern that
Mayor Abernethy used to say incineration must be proven safe now he says it must be
proven unsafe. Ms. Gasser stated studies indicate that there is no proof that
incineration is safe and that serious health concerns have been raised by the public
advocating a precautionary approach. Ms. Gasser expressed concern regarding the
content of the proposed agreement and stated she cannot understand what is in the
Addendum Report that is better than what was in the original Report. She urged
Council to consult with the community and not to sign a Host Community agreement
before doing their due diligence to make an informed decision.
Louis Bertrand addressed Council regarding Staff Report # 1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation questioning who Mayor Abernethy is speaking for when he
says "we got everything we asked for" in the Host Community Agreement.
Council Meeting Minutes - 3 - May 15, 2009
Mr. Bertrand reviewed the agreement clause by clause stating the Host Community
Agreement will not protect Clarington as it does not appear that the Region has given
up much, he feels the agreement is full of loopholes; and, questioned whether the final
wording of the agreement will be peer reviewed.
Mayor Abernethy responded to Mr. Bertrand question that he speaks on behalf of
Council regarding the negotiations.
Louis Bertrand addressed Council regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08 expressing concern that no justification for the motion
had been provided and questioned whether procedurally rescinding an existing
resolution was the only way to change Council's position from "Unwilling" to "Willing"
host community. Mr. Bertrand cautioned Members of Council to consider the
implications of the motion. He expressed concern that Mayor Abernethy is passing
the buck by stating that if the project is not safe the Ministry of the Environment will
turn it down. Mr. Bertrand stated rarely does the Province not approve a project that
has the approval of the local municipality. Mr. Bertrand summarized by stating that if
Members of Council approve the motion they are accepting the consequences of their
actions and that the consequences will last longer than the expected 25 or 35 year
service life of the incinerator and longer than the eighteen months to the next election.
Kerry Meydam addressed Council regarding Staff Report # 1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation stating a host community agreement is not a requirement of
the Environmental Assessment and feels that the Region of Durham wants a signed
agreement that is beneficial to the Region and to hopefully influence Regional
Councillors who are undecided on their vote. Ms. Meydam expressed concern that
there is not much in the agreement and feels certain there is nothing worth trading for
substantial health and environmental risks. She noted Clarington was promised "the
best of the best" in monitoring and that ambient air monitoring in the vicinity for three
years only is not sufficient. She questions why the Region is backtracking on its
commitment to a 70% waste diversion rate by 2010. She stated Chairman Anderson
advised that Clarington would see significant financial gains but that she sees nothing
in the Agreement but significant risks to residents. Ms. Meydam advised that
Councillors were elected to protect Clarington residents and feels the most important
way to ensure this is to retain the "Unwilling Host" community status. She stated
public opinion is an important part of the process and feels the Province may enforce
more stringent regulations if they are aware the community has serious concerns with
the project. She also questioned why Regional Council is scheduled to vote on the
proposal in June when they will have only received important information one week in
advance and that Clarington peer reviews are not complete. Ms. Meydam expressed
concern that residents have continually asked for the project to be delayed, but have
been advised that the process must be allowed to continue without answers. She
questioned whether Regional Council will proceed if the question of whether the
facility is safe is not answered by Dr. Kyle or will the issue be referred to the Province
to make the decision. Ms. Meydam feels that nothing has changed over the last year
to warrant a change to the "Unwilling Host" position.
Council Meeting Minutes - 4 - May 15, 2009
Dr. Ronald Stead addressed Council concerning Staff Report #1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation stating his comments on the project would focus on
economics only. Dr. Stead advised he recently travelled to the Netherlands and
personally witnessed an incinerator located right next to the roadway and that
residents had no concerns with the location or with the incinerator. Dr. Stead feels
that declaring the Municipality a "Willing Host" is preparing Clarington to negotiate a
facility that is safe. He feels that Clarington has the opportunity to develop a business
environment that will create local jobs and meet the requirements of the Province's
"Places to Grow' legislation. Dr. Stead stated that the municipality requires the
cooperation of the Region to provide much-needed serviced lands to attract
businesses. He advised he has received many inquiries from developers interested in
building on "shovel-ready" land and that serviced land will improve the economy in
Clarington.
Tia Woodcroft addressed Council concerning Staff Report #1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation stating she has only become involved in this issue recently
and was under the impression that it was a done deal. She expressed concern with
the Council proceedings at the Council meeting of May 11, 2009, where the
Addendum to Report CAO-002-09 was not provided to the public or Members of
Council in advance of the meeting and feels that political games and closed-meeting
discussions are not appropriate. She advised she disagrees that Clarington received
a good deal and questioned whether Council is willing to accept short-term gain far
long-term health and financial risks. She strongly urged Council to vote against this
motion and to involve the public to see if they are willing to accept increased sickness,
loss of property values and businesses relocating out of the municipality in exchange
for the incinerator. Ms. Woodcroft urged Council to listen to the voices of the
ratepayers.
Tia Woodcroft addressed Council regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08 applauding Local Councillors and urging them to stand
firm in their positions. Ms. Woodcroft stated some politicians feel that being either a
"Willing Host" or an "Unwilling Host" to the incinerator does not matter; however, she
feels that it is significant or this meeting would not be taking place today. Ms.
Woodcroft feels that if Clarington becomes a "Willing Host" it will indicate that the
community supports the incinerator. She expressed concern with the lack of public
consultation and communication of information and was troubled by the fact that at
meetings, the public is not permitted to ask if the facility is safe or affordable. Ms.
Woodcroft urged Council to remain an "Unwilling Host" and to take more time to
explore a zero waste alternative and say no to accepting a landfill in the sky.
Nancy Barnes advised advised prior to the meeting that she would not be addressing
Council.
Council Meeting Minutes - 5 - May 15, 2009
Jim Richards addressed Council concerning Staff Report #1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution
#C-032-08 stating the community expects true leadership and feels that the
Municipality of Clarington was targeted to receive the incinerator because of weak
leadership. Mr. Richards feels that Mayor Abernethy has not lived up to his campaign
promise of an open and transparent process and an undivided Council and feels that
he has eroded the public's trust, and that the three Regional Councillors have been
derelict in their duties.
Councillor Novak rose on a Point of Order requesting Mr. Richards to cease making
derogatory comments about Members of Council.
Mayor Abernethy ruled in favour of Councillor Novak's Point of Order.
Mr. Richards feels that it is time for Mayor Abernethy and Regional Councillors to
stand up to Chairman Roger Anderson on behalf of the Municipality when he indicates
that the incinerator will proceed. Mr. Richards feels that as the Consultants are in the
business of selling incinerators, they will not prove it to be unsafe. He also feels that
the Chief Administrative Officer's Report fell short as there was nothing in the
agreement for the public's benefit and that Mayor Abernethy should tender his
resignation. Mr. Richards urged Council to stay the course and remain an "Unwilling
Host" community.
Sheila Hall, Clarington Board of Trade addressed Council concerning Staff Report #1 -
Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of
EFW Host Community Agreement Negotiation. Ms. Hall stated the Board of Trade is
proud to execute the role of economic development and continues its efforts to stress
the importance of serviced lands. She noted the Board is encouraged to see
negotiations have included the construction of Energy Drive and storm water
management facility to serve the Energy Park and the commencement of the
Environmental Assessment for servicing the science park. She noted the Board was
speaking only on the impact of these initiatives on Clarington and not on any other
components in the staff Report. Ms. Hall stated these initiatives are long overdue,
they should be activated and timelines identified.
Donna Barnard addressed Council concerning Staff Report # 1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution
#C-032-08 urging Council to stand firm in their commitment to being an "Unwilling
Host" community to the proposed incinerator. She stated historically, facts are just
current theory or thoughts of the day noting things built in the 1970's thought to be
safe are no longer safe and it would be arrogant to say that this incinerator is safe
now. Ms. Barnard expressed concern that jobs created will be temporary and not
long-term. She feels that one of the reasons that the proposal is being rushed through
is because of the lack of citizens coming out to speak against it.
Council Meeting Minutes - 6 - May 15, 2009
Ms. Barnard indicated she recently conducted an informal poll of the homes on her
street and found that of the homes responding, the majority of residents were against
incineration, one resident was undecided and one resident stated it should be given a
chance. She urged Council to maintain the "Unwilling Host" position at this time as
ratepayers have not had an opportunity to vote and have their say either for or
against, and that some residents were under the impression that the project had been
cancelled. Ms. Barnard feels the project has become more about finances than safety
and that time and funding should focus on finding alternatives. She feels that if the
project is pushed through there must be clauses in the agreement to allow the
incinerator to be shut down when it is proven to be unsafe.
Dave Renaud addressed Council regarding Staff Report # 1 -Report CAO-002-09 and
Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution
#C-032-08. Mr. Renaud advised he is a Courtice resident and President of the CAW
Durham Region Environmental Council representing 33,000 delegates and urged
Council to maintain their "Unwilling Host" status. Mr. Renaud confirmed that the CAW
does not accept jobs at any cost; that the incinerator will impact both human and
ecological health; and, that the Canadian Labour Congress is on record as being
opposed to burning waste. Mr. Renaud stated he has spoken to hundreds of people
who do not really understand the issue who think incineration in Europe is fine, but
that once they are aware of alternatives they are turning the tide on incineration. Mr.
Renaud read a letter from Regional Councillor Brian Nicholson who indicated that the
Terms of the Host Community Agreement are not to be considered enticements and
that the Municipality is free to retain its "Unwilling Host" status. The terms of the Host
Community Agreement are to compensate the municipality where the incinerator is
sited and are not to be construed as a reward. According to Councillor Nicholson's
letter, the Municipality of Clarington has many supporters at the Region; that a
growing number of Regional Councillors have grave concerns with the project, and,
that it does not make sense to give up the "Unwilling Host" status.
Helen Bajorek MacDonald addressed Council regarding Mayor Abernethy's Notice of
Motion to rescind Resolution #C-032-08 urging Council to maintain its "Unwilling Host"
position as the question has not been put to a democratic vote through a referendum,
and the need for a baseline health study has not been addressed. Ms. Bajorek
MacDonald feels a referendum would relieve members of Council from shouldering
full responsibility for the outcome of the proposal as well as afford the community the
opportunity to be fully engaged in a critical community democratic decision-making
process. Ms. Bajorek MacDonald feels that baseline health studies are critical as they
document data related to human health before the fact so that any potential future
impact can be measured against established data, noting without baseline health
data, regulatory monitoring has no real bearing on potential human health impacts and
only identifies problems with a facility and sets in motion corrections to the problem.
Ms. Bajorek MacDonald expressed concern that maps provided in the process do not
show Darlington Nuclear Plant, St. Marys Cement Plant and other area industry to
ensure potential synergistic and cumulative impacts on human and environmental
health have been factored into the equation.
Council Meeting Minutes - 7 - May 15, 2009
Ms. Bajorek MacDonald feels that Clarington cannot be a "1Nilling Host" until the
question is put to the community and that a hurried process misses key components
such as the need to conduct baseline studies. Ms. Bajorek MacDonald stated the
question of an incinerator is a complex social, economic and environmental issue
requiring careful thought and should not be rushed until all questions, collection of
data, open public dialogue and a referendum have taken place.
Wendy Bracken addressed Council regarding Staff Report # 1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution
#C-032-08 urging all Members of Council not to sign a Host Community Agreement
today. Ms. Bracken feels that Durham Region has not be acting in good faith and that
last minute deals, staff negotiating without Council or public involvement is
unacceptable. She questioned how Durham Region could hold a Public Information
Night and not have representatives in attendance that could answer questions on
public health or present a report on health issues. Ms. Bracken stated the signing of a
"Host Community' agreement is not part of the Environmental Assessment process
and that it is the Region of Durham who is pressing the need for Clarington to
surrender their "Unwilling Host" status as it will influence any future appeals should the
project proceed. Ms. Bracken feels that an incinerator will only attract other dirty
industry and that Council must protect Clarington's reputation, housing values, tourism
and businesses and set the calibre for the type of businesses they want to protect.
Ms. Bracken stated the quality and quantity of monitoring is not adequate and urged
Members of Council to stand up for Clarington as informed citizens of the community,
young families, and physicians stand behind Council and will remember those who did
the research, listened to the scientific evidence and put the community first. Ms.
Bracken cautioned Council that if they vote to rescind Clarington's "Unwilling Host"
status, the electorate will hold them accountable.
Barry Bracken addressed Council regarding Staff Report # 1 -Report CAO-002-09
and Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution
#C-032-08 urging Council not to endorse the Agreement. Mr. Bracken feels that a
price cannot be put on human health and wellbeing of the environment and that the
terms of the agreement negotiated for Clarington are pitiful. Mr. Bracken stated his
reasons for retaining the "Unwilling Host" status remain the same as previously stated
at numerous meetings over the last 2 '/z years, and that he cannot understand why
Clarington would surrender their "Unwilling Host" status. Mr. Bracken thanked local
Councillors in advance hoping they remain steadfast in putting citizens of Clarington
and all of Canada's health and environment first.
Anne Maxwell addressed Council regarding Staff Report #1 -Report CAO-002-09 and
Addendum to Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation and Mayor Abernethy's Notice of Motion to rescind Resolution
#C-032-08 questioning what has happened to integrity in view of the dubious
proceedings that took place at the May 11, 2009, Council meeting with respect to the
Addendum to Report CAO-002-09.
Council Meeting Minutes - 8 - May 15, 2009
Ms. Maxwell feels that accepting this deal is selling out Clarington and the whole of
Durham Region. She stated that accepting waste from the City of Toronto is outside
of the incinerator process and that if garbage is imported from the GTA, a new
Environmental Assessment must be commenced. Ms. Maxwell urged Clarington's
local Councillors to stand firm in their position as an "Unwilling Host" Community as
the public will support their decision and noted the municipality is not required by law
to change their status even when directed by the Region of Durham.
Nadia McLean-Gagnon addressed Council earlier in the meeting.
Resolution #C-303-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Council recess for ten minutes.
"CARRIED"
The meeting reconvened at 11:19 a.m.
Resolution #C-304-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Rules of Procedure be suspended and that the order of the Agenda be
altered to consider Mayor Abernethy's Notice of Motion concerning the rescinding of
Resolution #C-032-08 at this time.
"CARRIED"
Councillor Novak assumed the Chair.
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-305-09
Moved by Mayor Abernethy, seconded by Councillor Trim
THAT, conditional upon Council approving Report CAO-002-09 as amended by
Addendum to Report CAO-002-09 and the Regional Municipality of Durham and the
Municipality of Clarington executing a Host Community Agreement to implement the
intent of the Report and Addendum, the following Resolution #C-032-08 passed by
Council on January 28, 2008 be rescinded:
Council Meeting Minutes - 9 - May 15, 2009
"WHEREAS the Municipality of Clarington has requested that the Regions of Durham
and York take forward two geographically distinct sites for analysis in the final stages
of the EA on residual waste due to a garbage incinerator's impact on Clarington's air
shed; the lack of site specific health studies and a lack of details regarding the
technology;
WHEREAS the City of Oshawa, the Town of Ajax and the Durham Region Health and
Social Services Committee have raised similar concerns with the site selection
process;
WHEREAS under the Environmental Bill of Rights 1993, the MOE statement of
Environmental Values indicates that the Minister should take a precautionary
approach especially where there is some uncertainty about the risk presented by
particular pollutants;
WHEREAS on January 23, 2008, the Region of Durham selected a site in Courtice for
a garbage incinerator without knowing the technology or the specific health effects;
WHEREAS the Region has not given due consideration to the concerns presented by
the potential host community;
WHEREAS the EA process is to find the best site for the incinerator and insufficient
information has been provided to date to determine that the Courtice site is the best
site;
THEREFORE BE IT RESOLVED the Municipality of Clarington is an unwilling
host to the proposed Durham/York garbage incinerator and that a copy of this
motion be forwarded to the Region of Durham and the Region of York and their
constituent local municipalities, the Durham York Joint Waste Management
Committee, the Ministry of the Environment and John O'Toole, MPP."
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Petunia Interest
Councillor Foster
Councillor Hoo er
Councillor Novak
Councillor Robinson
Councillor Trim
Councillor Woo
Ma or Aberneth
Mayor Abernethy resumed the Chair.
Council Meeting Minutes - 10 - May 15, 2009
STAFF REPORT(S)
Addendum to Report CAO-002-09 -Status of Energy-From-Waste Host Community
Agreement Negotiation
Resolution #C-306-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Resolution #C-294-09 be lifted from the table.
"CARRIED"
The Chief Administrative Officer provided further information with respect to the offer
from Region of Durham and the financial benefits to the Municipality of Clarington.
Resolution #C-307-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT Addendum to Report CAO-002-09 be received;
THAT Council approve the Host Community Agreement negotiated by the Clarington
and the Region CAO's as identified in Report CAO-002-09 and in the Addendum to
Report CAO-002-09;
THAT Council urge Regional Council to endorse same and direct Regional staff to
finalize the Host Community Agreement;
THAT the Mayor and Clerk be authorized to execute the Host Community Agreement
subject to its final review by the Clarington Solicitor.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member Yes No Declaration of
Pecunia Interest
Councillor Foster
Councillor Hooper
Councillor Novak
Councillor Robinson
Councillor Trim
Councillor Woo
Ma or Aberneth
Council Meeting Minutes - 11 - May 15, 2009
BY-LAWS
Resolution #C-308-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2009-061
2009-061 Being a by-law to authorize the Mayor and Municipal Clerk to
execute a Host Community Agreement with the Regional
Municipality of Durham regarding an Energy-From-Waste Facility;
and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
CONFIRMING BY-LAW
Resolution #C-309-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2009-062, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a special meeting held
on the 15~' day of May, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-310-09
Moved by Councillor Robinson, seconded by Novak
THAT the meeting adjourn at 12:08 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
Draft minutes -Not vet approved by Committee
NOTES OF MEETING OF
SAMUEL WILMOT NATURE AREA
MANAGEMENT ADVISORY COMMITTEE
HELD ON TUESDAY MAY 12, 2009
ON SITE
Present: David Best Arthur Burrows
(Voting) Jim Cleland Shirley Minifie
Karin Murphy Greg Wells (GRCA)
Brian Reid
Also Present: Peter Windolf Dianne Graham
(Non-Voting)
Regrets: John Stoner Kerry Meydam
Joe McKenna Councillor Willie Woo
Dan Stanoi
Absent: Warren May (MNR)
1. Agenda
Additions
There were no additions to the agenda.
Acceptance of Agenda
MOVED by Shirley Minifie, seconded by David Best
THAT the agenda for April 14, 2009 be accepted.
CARRIED
2. Minutes of Apri114, 2009
Corrections
Updates: DFN Songbird Presentation - PQ #3 -Delete "habitant" and add "habitat" in
last sentence
Other Business: Pitch In Day - Pg #4 -Add "Jim" to the list of volunteers
OPG: Green Grants - Pg # 4 -Delete the words "ask talk"
Approval of Minutes
MOVED by Brian Reid, seconded by Arthur Burrows
THAT the minutes of February, 2009 be approved.
CARRIED
3. Issues arising from the Minutes
Jim and Arthur informed the committee that they did not receive the Apri12009 minutes in
the mail.
4. Sub-Committee Reports
Brush Cleanup
The Operations Department has picked up most of the brush pile dumped in the corner of
the Toronto Streetparking lot but a smaller pile still remains. Operations will be asked to
pick up the remaining brush.
Sign -Toronto Street Parking Lot
The committee discussed the relocation of the SWNA entrance sign at the Toronto Street
parking lot. Toronto Street has been realigned and the sign is no longer visible from the
road. A means and budget to relocate the sign will be investigated further by Municipal
Staff.
5. Updates
Indian River Reptile Zoo Presentation June 6. 10.OOAM
The scheduled date for the Indian River Reptile Zoo Presentation is June 6th @ 10:00am
at the Toronto Street parking lot. Arrangements will be made to have the Clarington tent
available in case of rain. If rain is in the forecast Committee members will be contacted
to assist with erecting the tent at 9:OOAM.
Notices of the event have been posted at various locations around the Samuel Wilmot
Nature Area; posters have been mailed out from the SWNA mailing list, distributed to the
Community Services Facilities and Libraries. A few picnic tables will be requested from
Operations for the Toronto Street Parking lot.
PowerPoint Presentations - Apri127~' & May 12`h, 2009
Brian presented the S WNA PowerPoint presentation at the April 27`h meeting of the
Durham Field Naturalists. It was a very productive presentation. Approximately 40 - 50
people attended and several members of the DFN expressed an interest in visiting the
site. John Foster a member of the DFN was subsequently given a tour of the SWNA by
Brain and Karin. He identified many different birds and amphibians by their call; he also
identified types of vegetation. He will be visiting again to compile a list of birds and
amphibians observed or heard at the S WNA. A copy of that list will be forwarded to the
committee when completed. Brian will ask John to present his findings at a future SWNA
meeting.
Karin and Shirley presented the SWNA PowerPoint Presentation for the Wilmot
Community Auxiliary Committee on Tuesday May 12`h, 2009. Approximately 40 people
attended. While many residents use the SWNA regularly others were surprised by the
things the SWNA has to offer. Some commented on the need for a portable washroom.
SWNA Brochure
The committee discussed the need for an SWNA brochure that would provide users with
information and maps. This has been discussed previously with the Communications sub-
committee. Now Yhat the PowerPoint presentation has been completed some of that
content could be used in a brochure: The issue will be discussed further at the June
meeting.
GRCA Clean Water/Healthy Land -2009 Grant Application
The Municipality will submit a grant application to the GRCA for 2009 planting projects.
It will be investigated to determine if production costs for an SWNA brochure would be
eligible under this program.
MNR Rangers -tentative schedule
The MNR Rangers will be working at the SWNA for two days in the summer. Their
schedule was discussed and it was determined that the Rangers should come to the site on
a Thursday and Friday rather than earlier in the week. Their schedule will be firmed up
by the June meeting.
2009 projects will include;
• Improving the woodland trail by adding woodchips and building a retaining edge
at some locations.
6. Other Business/Next Meeting
DEAC- Awards Retention May 14
The SWNA has been nominated for the Irene Kock-Education/Communication Award.
The awards reception will be held on May 14`h @ 6:30PM at the Regional Headquarters.
Jim and Karin will attend the event.
Review soil conditions for June 6 plantin~proiect
The committee members took a walk along the trail behind the Water Treatment Plant to
check out the soil conditions for the planting project. The soil was easily workable and 20
shrubs will be ordered for planting at the June 6`h SWNA event.
Adjournment: 7:30 P.M.
Next Meeting: Tuesday June 9, 2009
7:00 p.m.
Meeting Room lA
Notes prepared by D. Graham
CLARINGTON HERITAGE COMMITTEE
Minutes of Meeting No. 4
April 21 , 2009
MEMBERS PRESENT:
Karina Isert Karin Murphy Paul Allore
Victor Suppan James Rook Councillor Novak
Duane Cook
REGRETS:
Leslie Wilson David Reesor And
GUEST SPEAKER: Martha Rutherford-Conrad
PLANNING STAFF: iiy;"`
Isabel Little Faye Langmaid ~~ "`W Annette \(2n Dyk
=~:::
_... .~iliiii~:~. ..._.:..
PRESENTATION ON CAMP 30
Martha Rutherford-Conrad gave a press
property from a municipal, provincial, arti
speak had been sent to the interested pari
to the site and nineteen p "' #tended
,illy!.:.
group was discussed rn,{,~~tenc~ and
parties and convening i° eeting , ;
on the significance of the
nvitations to hear Martha
e Municipality in regards
concept of a "friends of"
contacting the interested
MOTION 0~~{t~j~~`~ ~a~,~i~Moved~ "" '~~mes Rook, ~!~t~nded by Duane Cook
;lid ~ ~h~`tar~j~~tes f~,,Feb 17, 2009 and March 17, 2009 be accepted.
"CARRIED"
N
407 Review:
The 407 sub-commiffi'fst on March 11 and reviewed the updated Impact Assessment
Tables: Identified Cultu~a'I Heritage Resources provided by Richard Unterman. The Tables
impact column contained two categories, "displacement" and "disruption" with a brief
description of the affect on the property. Proposed mitigation options were indicated in a
separate column. The sub-committee identified 27 built heritage properties that have been
recorded in the inventory of heritage buildings. The following comments were provided to
staff in regards to these properties:
The 407 project team indicated that an Impact Assessment report will document the
mitigation and/or compensation techniques to be employed in order to reduce impact
on heritage resources. The Tables do not include any information on the
compensation techniques and do not indicate if the property owners have been
contacted in regards to the proposed mitigation options. The CHC would like this
information to be provided.
The notes attached to the Tables state that "a Cultural Heritage Evaluation Report
(CHER) is recommended in those situations where farm complexes and individual
structures will be displaced". The CHC has suggested that the CHER include
floorplans of the building, the footprint of the building on, the lot, an interior and
exterior photographic record of the building, and a photog~ic record of the vista.
The Tables indicate that following built
.displacement:
1909 Bloor Street (H116)
5415 Solina Road (H157)
5531 Bethesda Road (H43)
5681 Acres Road (H111)
7500 Highway 115 (H754)
5658 Bethesda Road (H68)
4825 Rundle Road (H743)
2064 Taunton Road (H747)
The first two buildings on this
next four are recor~~ Pri
heritage resou~ *'4"mil ~~`
structures b~;~ated
suggested =f a photo
construction ri;~ertain inS
The
in
The fol
rces are identified for
list ~~g desi~xt~t~fl,gndere Ontario Heritage Act, the
mary 1'nta~~~eso~'' grid the last two as Secondary
have ~sted thahe majority of the displaced
s for troperties that will be disrupted, they have
~phic rec. _ be completed prior to the Highway's
i they noted that a CHER is not required.
~ the°'s'i~i"tii~icance of the buildings to be displaced and
ties that are not designated on the Municipal Register
of Transportation that these buildings should not be
is passed:
Duane Cook, Seconded by Karin Murphy
stage properties that are identified for displacement but are not
added to the Municipal Register of Properties of Cultural
or Interest.
"CARRIED"
19'/z-23 and 33 King Street West:
These two properties have been added to the Municipal Register as non-designated
heritage resources.
2
CORRESPONDENCE:
PJ Materials Consultants Limited Technical Conference May 5-7
FINANCIAL REPORT:
March 17 Opening Balance
March 17 Interest
Feb. 3 Deposit
Feb. 25 Closing Balance
Feb. 27 Interest
March 2 Cheque
March 25 Closing Balance
$5898.70
$.25
$120.00
$6995.00
Moved by Karina Isert, s
THAT the financial
SUBCOMMITTEE REPORTS:
407 Committee
~ entry wiiX~J'Sid Ruthertord Trail has some damage,
determination of how to proceed is being sorted out.
ie~'°' " side is slated for replacement this summer, there is
ins ci~i~~for the installation of the same decorative poles as
Street. Discussions with the Post Office on the replacement
to that on Main Street continue.
Newcastle CIP
parking issues were
and consultation
April 30 is the next meeting
PROJECT REPORTS:
Inventory Update
David and Karin have finished Hampton and Enniskillen and are continuing to work through
Darlington Township.
NEW BUSINESS:
Application for Rezoninp -Newcastle IGA
The Committee reviewed an application for rezoning to
Newcastle Village. There is an addition proposed ~d..
sufficient parking currently on site to accommoda
proposes that the 2 cement block houses on Leer
Merit buildings in the cultural heritage resour~i~'rnven
parking area expansion. The consultant for the"'~a~plica
not been secured for the buildings. ~IICi!!;;;,,
MOTION 09.09 Moved by Paul A~1~kj
,,,
THAT the Heritage CommittePiiii
proposed parking lot expansion a
changes to the st~~~"~„ and a
D"
~ahd tf~ ~~rking lot of the IGA in
~~ti~ superm~at~ however, there is
`addition Th`~'~ oning application
Street, which ari=~ d as Heritage
tory, ~~ moved to acmodate the
nth ~' ~`tated that a ne+~i~
.location has
Cook
law amendment for the
ig, there will be negative
buildings.
MOTION 09,x, Mo:Ctdaul AMfar~ ,fios~cJed by James Rook
the twa itag''e=grit buildings located at 63 Beaver Street and 49 Beaver
Newcas~~ie a ,=to the Municipal Registry.
"CARRIED"
The Municipality o~l.ton has purchased this property. The site, which once contained
the Tooleys Mill, will E~''the trail head for the Farewell Creek valleylands. Information on the
property has been gathered from the Caarington Museum and Archives and will be
forwarded to the Committee members for consideration in evaluating the historical
significance of the site. An interior tour of the house after closing will help in determining
the building's architectural significance.
4
Heritage Community Recognition Program Presentation
The 2009 recipient will be invited to the May meeting and the Heritage Committee will
present the certificate of achievement.
Moved by Paul Allore
THAT the meeting be adjourned
Next Meeting
May 19 , 200 ~p
Meeting Room 1GO pm
r~
Leadiag tke Way
Not vet Approved by Committee Members
CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE
MUNICIPALITY OF CLARINGTON
Minutes of Meeting
Thursday Apri116, 2009
PRESENT: (Chair) Gord Lee (Vice-Chair) Clayton Morgan
Elwood Ward Kerry Meydam
Lisa Robinson Councillor Adrian Foster
Gillian Bellefontaine Alan Bayliss
David Reesor John Slater
ALSO
PRESENT: Leslie Benson, Manager of Transportation & Design
Ron Baker, Traffic & Transportation Co-ordinator
Constable Esther Rathwell, Stuart McAllister, Road Safety
Co-ordinator, Durham Region
REGRETS: Sandy Lyall, Tony Cannella, Director of Engineering Services
ABSENT: Georg Krohn
GUESTS: Len Creamer, Sr. Municipal Law Enforcement Officer, Alison
Albrecht, Parking Enforcement Officer
Gord Lee introduced new member Alan Bayliss to the committee and welcomed guests
from the municipal By-Law office, Len Creamer and Alison Albrecht.
1.0 ADOPTION OFMINUTES-(March 19,2009)
There was one correction to the minutes: Gilliam Bellefontaine was not present at the
March 19~h 2009 meeting.
The following motion was proposed:
THAT: "The minutes of the March 19, 2009 meeting are approved with no
further changes."
MOVED: by Elwood Ward; SECONDED by Clayton Morgan
CARRIED
4 }~ .e ~F
2.0 ITEMS FOR INFORMATION
2.1 Road Watch-(Gord Lee)
Reports Received & Processed from DRPS-(Constable Esther Rathwell)
A meeting was held on April 1, 2009 that brought together Durham Regional
Police Services, Clarington Traffic Watch, Road Watch and Clarington Staff. In
attendance were Inspector Green, Sergeant Karen Maloney and P.C. Esther
Rathwell from the DRPS. Leslie Benson and Ron Baker represented the
Municipality of Clarington and Gord Lee from The Clarington Road Watch
Program.
It was confirmed that the Traffic Watch Program is a municipal staff program
covering the Municipality's Traffic Watch contractor's radar reports, while the
Clarington Road Watch Program monitors citizen complaints. The number of
speeding offenders from the radar reports are in the range of 1,000-2,000 per year
which is too great a number for one officer to process.
A positive change took place which will separate the municipal Traffic Watch
Radar Program from the Clarington Road Watch Program. From this point on,
DRPS division office staff will process all radar offences letters and report back
to the Municipality. The Clarington Road Watch Program will carry on
separately, processing the citizen's reports, with the assistance of P.C. Rathwell.
This will eliminate considerable office work away from P.C. Rathwell and keep
both programs on track.
Road Watch's plan is to move forward and attempt to make more people aware of
their program. Gord Lee supplied complaint forms as handouts to all the School
Crossing Guards in the municipality and next week they are circulating to the
NewcastleBond Head Rate Payers meeting.
Ron Baker spoke with our contractor who will be starting the Traffic Watch
program in June of this year.
Dave Reesor has donated his time and the cost of installing a light inside the Road
Watch drop boxes so that staff at the outlets can check to see if there are any
reports inside the box. This will eliminate needless volunteer travel in the event
that there are no reports to pick up. Gord Lee will arrange for a letter of thanks to
be sent to Dave for this cost saving contribution.
2.2 Highway 407 Update-(Leslie Benson)
The Planning and Engineering departments updated Council through a lengthy
report presented at the General Purpose and Administrative Meeting on March 30,
2009. Leslie gave a brief overview of the highlights in the report. This report is
available on-line or Leslie can send a copy to those interested in reading the
c, s ..
details of the report contents. Council endorsed the report with the addition that
MTO revise a traffic study to reflect the tolled route.
3.0 AGENDA ITEMS FOR DISCUSSION
3.1 Road Watch Box-Missing from Canadian Tire-(Gord Lee)
Gord Lee hopes to meet with the manager of Canadian Tire to have a new Road
Watch box installed in the automotive department and let him know that their
logo is on the Road Watch brochure.
3.2 Parking at Dr. G. J. MacGillivray Public School-(Leslie Benson)
Len Creamer reviewed with members what took place when a resident was
ticketed for stopping in a No Stopping zone outside of Dr. G. J. MacGillivray
Public School.
Councilor Foster previously attended a pazent's council meeting and there was a
request to add No Parking and No Stopping signs. The school wants the "No
Parking" zones enforced.
Alison Albrecht from By-Law presented members a graph she constructed
showing the number of warnings issued by By-law since Januazy first of this year
at each area school.
3.3 Parking on Parkway Crescent-(Constable Esther Rathwell & Leslie Benson)
Clayton Morgan spoke of the problem that has existed on this street as a result of
the pazking at the Church on Sundays as well as the daily issue with the 17 school
busses that line the street. He also mentioned that there is a Bingo that is held on
Thursday evenings. There are signs that indicate No Parking on both sides of
Parkway Crescent but there is a great deal ofnon-compliance. Clayton passed
around photos of the past Sunday which showed the amount of vehicles that park
on the street.
Len Creamer advised that By-Law has visited this street however; his staff
generally works Monday through Friday from 8:30 a.m. to 4:30 p.m. Alison
Albrecht commented that she and other staff members do work from 3:00-5:00
a.m. regularly. She stated that when the public experiences a violation she advises
residents to contact Durham Region Police Services. By-law staff has been very
involved with DRPS by attending special educational events.
Len and Constable Rathwell have both spoken personally to the priest and
secretazy at the church and they aze aware of this situation. She advised that
residents who live on the street should to take license plate numbers down and
report them to the Road Watch Program. DRPS can also be called to have an
officer out to issue tickets on the days when there are cars lined on both sides of
the street. Kerry Meydam has prepared the bulletins for the church previously
and will check to see if they indicated the parking problem issue and will bring
her findings to the next meeting.
Len suggested that Memorial Park parking lot could be utilized for parishioners
on Sundays.
Constable Rathwell ended by suggesting that the Director of Engineering Services
write a letter in regards to the parking issue to Sergeant Maloney at the DRPS.
4.0 NEW BUSINESS AT DIRECTION OF CHAIR
4.1 Centerview Street/Illegal Parking-Orono
Stuart McAllister advised that he let the Region's Constnrction/Transportation
Manager know that there are issues pertaining to the area where vehicles are
illegally parking in front of the convenience store. Constable Rathwell advised
that she will visit this location. She urged residents to take licence plate numbers
down and utilize the Road Watch Program. Gord Lee would like to place a Road
Watch box in the local restaurant. John Slater and Gord Lee will meet with the
restaurant owner to see if this is possible. Due to an email from Gord Robinson,
Alison Albrecht has opened a file for this location and let members know that
tickets are issued at this location.
4.2 Pedestrian Fatality-Liberty St.-Bowmanville
Stuart McAllister advised that a file has been opened regarding the incident where
a 25 year old man lost his life afrer he was involved in a motor vehicle accident
on Liberty Street in Bowmanville.
4.3 Holt Rd.-Bowmanville
David Reesor advised that when making aright-hand turn on the Holt Road loop
there are two signs which could be confusing. Stu will review and advise MTO of
any issue.
4.4 Bloor St. & Meadowglade Rd.-Courtice
Stuart McAllister and Councillor Foster will discuss this intersection for
pedestrian safety.
4.5 Speed Limit Signs
Lisa Robinson commented that she has had feedback from residents who are still
not aware of speed limit signs being installed in Clarington.
s = `~1 ~~c~x -
4.6 Entrance Signs-Region of Durham
Ron Baker let members know that the Region of Durham has been installing large
entrance signs (21 signs on the main Regional roads).
4.7 Ctarington Farmer's Market
The Clarington Farmer's Market opens on May 24`h and vendors are concerned
that traffic will be redirected when Mill Street is reconstructed. Stuart McAllister
confirmed that signs aze already being made to redirect traffic. He will reseazch
what else can be done and report to the committee next meeting. Staff is working
with the Region to ensure a satisfactory detour route.
5.0 NEXT MEETING DATE- May 21, 2009-7:00 P.M.
Committee Room 1C-Enter via Municipal Administrative Centre, 40 Temperance
Street, Bowmanville, through the north door on Church Street (Library entrance
doors).
6.0 ADJOURNMENT
MOVED by; Elwood Ward
THAT: "The meeting be adjourned at 8:45 p.m."
SUMMARY OF CORRESPONDENCE
JUNE 1, 2009
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated May 12, 2009. (Copy attached)
I - 2 Minutes of the Clarington Heritage Committee dated April 21, 2009.
(Copy attached)
I - 3 Minutes of the Clarington Traffic Management Advisory Committee
dated April 16, 2009. (Copy attached)
I - 4 Scott Lewis, Communications Manager, Canada Post Corporation,
advising as part of Canada Post's ongoing commitment to ensure the
safety of employees, customers and the general public, Canada Post
representatives will be conducting traffic safety assessments on rural
mail delivery routes in Bowmanville; indicating that customers on
these delivery routes will be informed prior to the assessment and will
be notified of the results; and, acknowledging that it is Canada Post's
intention to maintain delivery to these rural mailboxes whenever
possible and will only modify customer delivery modes as a last
resort.
I - 5 Association of Municipalities of Ontario (AMO) Member
Communication dated May 5, 2009, advising that AMO has
established a task force to foster local economic development
opportunities in light of significant challenges facing Ontario's
communities, workers and families, especially those communities with
automotive, manufacturing and resource industries. The task force is
designed to encourage collaboration and information-sharing with
other orders of government and stakeholders at a provincial level and
is comprised of a mix of four key groups -elected and non-elected
municipal officials; the federal and provincial governments; staff
devoted to economic development; and, business associations.
Further information regarding the task force can be obtained by
contacting Matthew Wilson, AMO Senior Policy Advisor at
mwilson(a~amo.on.ca.
Summary of Correspondence - 2 - JUNE 1, 2009
I - 6 Correspondence has been received from the following
individuals/groups objecting to the proposed "Energy-From-Waste"
facility due to health risks, increased pollution, lack of adequate
monitoring and safety precautions; expressing concern with Council's
decision to declare Clarington a "Willing Host" community to the
proposed incinerator; requesting Council to think of the health of
future generations; and, urging Council to support more
environmentally sustainable and fiscally responsible alternatives:
a) The Scott Family
b) John Oates
c) Pat Irwin Lycett
d) Jeannie Carter
e) Joe and Nancy Dalrymple
f) Steve Kay
g) Jo-anna Shaw
h) Freya Hart
I - 7 The Honourable John Baird, P.C., M.P., Canada's Minister of
Transport, Infrastructure and Communities, and The Honourable
George Smitherman, M.P.P., Ontario's Deputy Premier and Minister
of Energy and Infrastructure, advising that over 2700 project
applications have been received from 425 separate municipalities for
funding under the national $4-billion Infrastructure Stimulus Fund;
advising that successful proponents will be notified as soon as
possible; and, indicating that in addition to the new Stimulus Fund, the
governments are also assessing applications received through the
second intake of the Communities Component of Building Canada for
projects that can be started and completed by March 31, 2011, with
results of the second intake being announced soon. Both the Federal
and Provincial governments are committed to making significant
investments to help communities weather the economic storm, create
jobs and inject money into the economy.
Summary of Correspondence - 3 - JUNE 1, 2009
I - 8 Roger Hanmer, MBA, P.Eng., Regional Director, Ministry of
Transportation, responding to Council's request for clarification
regarding construction scope and timing for the 407 East Extension;
indicating the Ministry is currently in the final phase of the 407 East
Environmental Assessment (EA) process and is planning to submit
the EA documentation to the Federal and Provincial agencies in July,
2009; advising as part of the Federal/Provincial transit announcement
of March 6, 2007, the 407 East project was identified for completion
by 2013, subject to environmental approvals and permits and
acquisition of necessary properties; and, advising that the Ministry is
pursuing all available opportunities to aggressively accelerate the
overall schedule for completing construction without compromising
the Provincial and Federal EA Acts and approved Terms of Reference
for the study, and has commenced planning for the implementation
phase of the project, subject to necessary environmental approvals.
I - 9 Gioseph Anello, Manager of Waste Planning and Technical Services,
Region of Durham, forwarding a CD containing Site Specific Reports
which will form part of the Environmental Assessment for the
proposed Energy-From-Waste facility: Acoustic Assessment; Traffic
Assessment; Visual Assessment; Economic Assessment; Social
Assessment; Surface Water and Groundwater Assessment; and
Energy Assessment; indicating the Site Specific Human Health and
Ecological Risk Assessment (SSHHERA) will be available for public
release on May 15, 2009; and, outlining the established schedule for
release of Environmental Assessment documentation as follows:
May 25 -Draft Environmental Assessment, June 12 -Final Draft
Environmental Assessment; and June 19 -Final Environmental
Assessment.
I - 10 Association of Municipalities of Ontario (AMO) Member
Communication dated May 12, 2009, advising that the Province has
allocated $18 million for 2010-2011 to support Ontario's municipalities
and families as a temporary measure to address the termination of
$63.5 million federal funding provided to provinces under the Early
Learning and Child Care Agreements; indicating that the Province's
decision to bridge the funding gap in 2010 will help Ontario's
municipalities and commercial and residential property tax payers fill
the funding gap; and, confirming that AMO will continue to convince
the Federal government to fulfill its commitment and to continue to
invest in the nation's future and prosperity and that AMO will be
working with the Ontario Municipal Social Services Association to
determine the full impact of the loss. of funding in communities across
Ontario.
Summary of Correspondence - 4 - JUNE 1, 2009
I - 11 Gioseph Anello, Manager of Waste Planning and Technical Services,
Region of Durham, forwarding a CD containing the Site Specific
Human Health. and Ecological Risk Assessment (SSHHERA) and the
Air Quality Assessment, indicating the CD does not include Appendix
H to the SSHHERA and will be included on the Project Study website
and that a separate CD containing appendix H will be distributed next
week; and, advising of the following schedule for the release of the
Environmental Assessment documentation: Tuesday, May 26 -Draft
Environmental Assessment; Friday, June 12 -Draft Final
Environmental Assessment and Friday, June 19 -Final
Environmental Assessment.
I - 12 Susan DaCosta, Secretary, Orono Town Hall Board of Management,
expressing appreciation to Council for funding received in the amount
of $3,250 under the Municipal Grant Program and thanking
Mayor Abernethy for the donation of Clarington Items for the 7~'
Annual Spaghetti Dinner/Silent Auction which raised approximately
$8,000 for operations and improvements to the Orono Town Hall.
I - 13 Margot Beverley, Stewardship Ontario, extending an invitation to the
Spring 2009 Ontario Recycler Workshop (ORW) to be held on
June 11, 2009, in Kingston, hosted by the Continuous Improvement
Fund (CIF). The workshop will feature recycling program updates
province-wide and will provide essential information for municipal
recycling and solid waste staff, municipal Councillors with interest in
recycling and solid waste issues, consultants and other Blue Box
program stakeholders. Further information is available at
www.wdo.ca/cif.
I - 14 Ken Nash, President, Nuclear Waste Management Organization,
forwarding a copy of the Nuclear Waste Management Organization's
(NWMO) Annual Report for 2008, Moving Forward Together and
inviting comments on the Annual Report.
I - 15 Kathryn Shaver, Vice-President, APM Engagement and Site
Selection, Nuclear Waste Management Organization (NWMO),
forwarding the complete public package "Proposed Process for
Selecting a Site",outlining NWMO's proposed process to identify a
safe and secure site in an informed and willing community to host
Canada's long-term management facilities for used nuclear fuel;
inviting comments on whether the proposed process is appropriate.
and, advising that comments will be used to refine and confirm an
open, transparent, fair and inclusive process.
Summary of Correspondence - 5 - JUNE 1, 2009
I - 16 Association of Municipalities of Ontario (AMO) Member
Communication dated May 13, 2009, advising that AMO and the
Union of Municipalities of Quebec (UMQ) signed a Memorandum of
Cooperation to promote cooperation and to strengthen the influence
of the combined Ontario and Quebec municipal sectors identifying
key areas for collaboration, including relations with aboriginal
communities, research related to tax policy and municipal services,
and environmental policy including climate change and waste
management. AMO and UMQ have agreed that their first joint priority
is to promote a unified waste management policy framework for
Ontario and Quebec.
I - 17 Association of Municipalities of Ontario (AMO) Member
Communication dated May 13, 2009, advising the Ministry of Energy
and Infrastructure is proposing a regulation under the proposed
Green Eneroy Act, 2009 that would designate the use of renewable
energy installations including roof or wall mounted solar photo voltaic,
roof or wall mounted solar thermal water/air, and ground source heat
pump; identifying local legal barriers that exist in municipal by-laws,
condominium by-laws, encumbrances on real property or agreements
that would be permitted to continue to operate with respect to
renewable energy installations in recognition of cultural, health, safety
and environmental by-laws that should be protected; and, advising
comments on the proposed regulation are to be submitted to Alan
Kirschbaum, Senior Policy Advisor, Ministry of Energy and
Infrastructure.
I - 18 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on May 13, 2009, Regional Council adopted the following resolution
pertaining to the Healthy Great Lakes, Strong Ontario Discussion
Paper:
"a) THAT Joint Report #2009-J-23 be received for information and
forwarded to Durham area municipalities for information;
b) THAT Standing Committee Correspondence #SC-2009-40 and
#SC-2009-42 be received for information; and
c) THAT Council correspondence #2008-275 be received for
information."
Summary of Correspondence - 6 - JUNE 1, 2009
I - 19 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on May 13, 2009, Regional Council adopted the following resolution
pertaining to the Durham Environmental Advisory Committee (DEAC)
Membership Appointment:
"a) THAT Ms. Hida Manns, representing the Municipality of
Cfarington, be appointed as a member of the Durham
Environmental Advisory Committee (DEAC); and
b) THAT a copy of Report #2009-P-33 of the Commissioner of
Planning be forwarded to the Municipality of Clarington and
DEAC."
I - 20 Association of Municipalities of Ontario (AMO) Member
Communication dated May 15, 2009, advising of the Federal
Government's establishment of the $348.9 million Community
Adjustment Fund as an economic diversification program to support
communities affected by the global economic downturn. Applications
are being accepted until June 12, 2009, from communities with
populations under 250,000 and may include not-for-profit
organizations, post-secondary institutions, co-operatives, first nations,
municipal governments and municipally-created organizations for
projects that will provide a legacy of longer-term ecological and/or
economic benefit. Additional information is available at
www. ic.ac.ca/caf
I - 21 Association of Municipalities of Ontario (AMO) Member
Communication dated May 15, 2009, advising that AMO will be
raising concerns to the Minister of Community and Social Services in
its response to the draft proposed Employment Standard on the ability
of municipalities to meet the obligation of the Employment and other
AODA standards; acknowledging that AMO supports the principle of
the Employment Standard but that the Association remains
concerned with the government's piecemeal approach to the standard
development process which makes it extraordinarily difficult to
analyze the full impact of implementing the Act; advising that AMO
will be providing comment and recommendations on the lack of
harmonization across standards, the impact of implementing the
proposed Employment Standard and classes of obligated sector and
compliance with the Employment Standard; and, advising that AMO
will continue to work with the government and municipalities to ensure
the implementation of the AODA is fiscally responsible and
manageable and to ensure the intent and objectives of the Act are
achieved by 2025.
Summary of Correspondence - 7 - JUNE 1, 2009
I - 22 Dan Remollino, P. Eng., Project Manager, 407 East Environmental
Assessment, Ministry of Transportation, responding to Clarington's
comments regarding the Highway 407 East EA as contained in
correspondence from the municipality dated April 7, 2009, and
Report PSD-033-09.
I - 23 Gioseph Anello, Manager of Waste Planning and Technical Services,
Region of Durham, forwarding a CD containing the Draft
Environmental (EA) Report for the proposed Energy-From-Waste
Facility. The final draft Environmental Assessment is scheduled to be
released on June 12, 2009.
I - 24 P. Madill, Regional Clerk, Region of Durham, writing to the
Honourable George Smitherman, Minister of Energy & Infrastructure,
advising that on May 13, 2009, Regional Council adopted the
following resolution pertaining to Bill 150 The Green Enerov and
Green Economy Act, 2009:
"a) THAT Council endorse the comments and recommendations
outlined in Joint Report #2009-J-21 which summarizes the
Regional staff response to the Environmental Bill of Rights (EBR)
posting of Bill 150 (EBR#010-6017) and subsequent submission
on Bilf 150 to the Standing Committee on General Government
including:
i) the definition of a renewable energy project and the approval
process should ensure that a proposed renewable project is
sustainable and "green" compared to alternatives;
ii) baseline studies and ongoing environmental surveillance
should be adopted as a best practice where new
technologies are being used;
iii) the right of connection for renewable energy projects to the
distribution network should be matched by upgrades to that
network to support the addition of the new facilities;
iv) municipal conservation plan requirements should be
phased-in over three to five years, with an initial focus on
areas of greatest potential savings;
v) provincial investments in skills and training, such as the
programs as UOIT and Durham College, are essential to
support the green energy sector;
Summary of Correspondence - 8 - JUNE 1, 2009
vi) the Province should take leadership in disseminating peer-
reviewed energy management best practices and
technologies and in providing planning templates to avoid
duplication of effort by municipalities;
vii) the Province should provide financial incentives and funding
to support municipal energy conservation efforts, such as
energy retrofits of social housing stock;
viii) new energy efficiency standards for products and appliances
should address the full energy footprint of the device over its
lifecycle including end-of-use disposal or reuse;
ix) the Province should consult municipalities for advice on the
design of the streamlined renewable energy project approval
process to ensure that municipal interests and land use
planning considerations are incorporated into the new
process;
x) the streamlined approval process should require proponents
to consult directly with municipalities early in the process;
xi) the status and subsequent process for green energy projects
already seeking approvals through the existing process
should be clarified;
xii) that conversion of Class 1, 2 and 3 agricultural lands to
green energy uses as the major land use be discouraged;
and
xiii) that incentives. and funding mechanisms be implemented to
assist homeowners and landlords to invest in energy
retrofits, energy conservation measures and energy
generation installations, and a guaranteed obligation to
purchase energy generated;
b) THAT Joint Report #2009-J-21 be forwarded to the Ministers of
Energy and Infrastructure, the Environment, Health and Long-
. Term Care, Municipal Affairs and Housing, Durham MPPs,
Durham area municipalities, and the Association of Municipalities
of Ontario; and
c) THAT a copy of Joint Report#2009-J-2 (Durham Region
Environmental Achievements Update) also be forwarded to the
recipients noted in part b) for their information."
Summary of Correspondence - 9 - JUNE 1, 2009
I - 25 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. Bruce
Passmore, Director, Outreach, Humane Society International
Canada, advising that on May 13, 2009, Regional Council adopted
the following resolution pertaining to the DAAC resolution on Battery
Caged Egg Production:
"a) THAT the following resolution of the Durham Agricultural
Advisory Committee on battery cage egg production be
approved:
'WHEREAS Ontario egg farmers currently provide our
community with fresh locally produced Grade A eggs which
travel from farm to table in 4 to 7 days;
AND WHEREAS Ontario egg farmers take pride in caring for
their hens while offering consumers a variety of egg choice;
THEREFORE BE IT RESOLVED THAT any resolution with
respect to the opposition of battery cage egg production is not
supported, and Durham municipalities are cautioned in
supporting or promoting specific products without adequate
background and research on the matter; and
BE IT FURTHER RESOLVED THAT the current procurement
practice of eggs produced by Ontario egg farmers, be identified
as an acceptable, locally sustainable procurement practice; and
BE IF FURTHER RESOLVED that the purchase of all Ontario
eggs contributes to the creation of a sustainable environment in
which consumers and farmers benefit; and
BE IF FURTHER RESOLVED THAT a copy of this resolution be
forwarded to the local area municipalities, the Egg Farmers of
Ontario, the Association of Municipalities of Ontario and the
Humane Society International'; and
b) THAT a copy of Report #2009-P-34 of the Commissioner of
Planning be forwarded to DAAC, the Durham Federation of
Agriculture, the GTA Agricultural Action Committee, and the area
municipalities."
Summary of Correspondence - 10 - JUNE 1, 2009
I - 26 Cheryl Tennisco, Committee Clerk, Regional Municipality of Durham,
writing to the Honourable Jim Bradley, Minister of Transportation,
advising that on April 29 and May 13, 2009, the Durham Region
Transit Executive Committee adopted the following resolutions
pertaining to representation on the Metrolinx Board:
"a) THAT the Durham Region Transit Executive Committee requests
that the membership of the new Metrolinx Board includes
representatives from all geographical areas within the Greater
Toronto and Hamilton Area (GTHA), including Durham Region;
and
b) THAT a copy of this resolution be forwarded to the Minister of
Transportation, Durham Region MPPs, Metrolinx, and the Cities
of Toronto and Hamilton, the Regions of Halton, Peel and York,
and the eight Durham area municipalities."
CORRESPONDENCE FOR DIRECTION
D - 1 Rolf A. Piro forwarding correspondence in opposition to the proposed
demolition of Camp 30; forwarding suggestions on future uses;
requesting Council to do all that is necessary to preserve the nation's
historical heritage sites for future generations and as a tribute to
Canada's essential part of the war effort; and requesting the
municipality to appoint a spokesperson to keep the public involved
as the project moves forward.
(Motion to refer correspondence to
the Director of Planning Services)
D - 2 The Honourable Michael Chan, Minister of Citizenship and
Immigration, inviting nominations for the Ontario Medal for Good
Citizenship, a program to recognize and honour Ontarians, who
through exceptional long-term effort, have made outstanding
contributions to life in their communities. Nomination forms are
available on line at www.ontario.ca/honoursandawards or by
contacting the Ontario Honours and Awards Secretariat. The
deadline for submission is August 17, 2009.
(Motion to refer correspondence to
the Municipal Clerk to place a notice
in the local newspapers)
Summary of Correspondence - 11 - JUNE 1, 2009
D - 3 Richard Abboud, President and CEO, Forum Equity Partners Inc. and
Frank Carnevale, CEO, Bridgepoint Group, advising that Forum
Equity Partners Inc., together with the consulting services of the
Bridgepoint Group Ltd. provide alternative finance and procurement
or public private partnership (P3) solutions to help Canadian
municipalities solve their infrastructure needs; indicating Forum Equity
Partners Inc. would like the opportunity to demonstrate how they can
assist the municipality in leveraging federal and provincial grants for
municipal and community infrastructure projects, such as community
arenas and recreation facilities in an efficient, cost effective structure;
and, advising that they would be happy to meet with staff to provide
more information about P3's and how other municipalities have
benefitted from such projects.
(Motion to refer correspondence to the
Director of FinancelTreasurer)
D - 4 Paul Slemon, Hands In Motion, Massage Therapy and Sports Injury
Clinic, requesting permission to stage the 2009 Terry Fox Run on
Sunday, September 13, 2009; advising the five and ten kilometer
routes, and insurance and police coverage will not differ from 2008;
and that the only road closure will be Liberty Street South of
Memorial Park to Baseline Road and Baseline Road at Liberty Street
East until Lambs Road and from there until Highway #2. An
application for road occupancy for special events will be submitted in
June.
(Motion to approve provided the
organizers apply for and obtain a
road occupancy permit from the
Engineering Services Department)
D - 5 Mark Cousins, Ontario Family Fishing Weekend Steering Committee,
Ontario Federation of Anglers and Hunters, requesting July 10 to
July 12, 2009 be proclaimed "Ontario Family Fishing Weekend" in
conjunction with National Fishing Week. This special license-free
fishing weekend includes fish festivals, clinics, or conservation and
educational activities and the Steering Committee is requesting the
municipality's assistance in publicizing the event.
(Motion to Proclaim)
Summary of Correspondence - 12 - JUNE 1, 2009
D - 6 D. L. Cullingworth, Secretary, Newcastle-Bond Head Ratepayers
Association, advising that the Directors of the Association have
reviewed the plans for the reconstruction of Mill Street and feel that
instead of doing a patchwork job, all existing sidewalks be replaced
at this time.
(Motion to refer correspondence to
the Director of Engineering Services)
D - 7 Kevin McAlpine, Chair, Canada Day Committee, Rotary Club of
Courtice, requesting the closure of Stevens Road from Clarington
Boulevard to Regional Road 57 from 5:00 p.m. until 10:15 p.m. on
Wednesday, July 1, 2009, for the Canada Day in Clarington event.
(Motion to approve provided the
organizers apply for and obtain a road
occupancy permit from the
Engineering Services Department)
D - 8 Association of Municipalities of Ontario (AMO) Member
Communication dated May 11, 2009, advising of the introduction of
Bill 175, The Ontario Labour Mobility Act 2009, which, if passed, will
create a Labour Mobility Code intended to remove or minimize inter-
provincial barriers to occupational practice for individuals and which
regulatory authorities that grant certificates/licenses to individuals to
carry on an occupation must comply with. The Ministry of Training,
Colleges and Universities (MTCU) is requesting municipalities to
respond to the question of whether the municipality requires
individuals to demonstrate through completion of courses, passing an
examination, practical experience or other such means that they have
the skills, knowledge or experience to work in an occupation and/or
use a particular title in order to be granted a municipal licence.
(Motion to refer correspondence to
the Director of Corporate Services
and Human Resources)
Summary of Correspondence - 13 - JUNE 1, 2009
D - 9 Association of Municipalities of Ontario (AMO) Member
Communication dated May 19, 2009, advising that AMO is calling on
all members to participate in the "Count Me In!" Community Energy
Conservation Challenge, athree-month campaign launched on May
20, 2009, promoting a variety of energy conservation ideas to
increase awareness and participation. Municipalities will compete for
two awards -highest percentage drop in consumption on August 14
and highest per capita participation in the "Count Me In!" pledge drive.
Winners will be announced at the AMO Annual Conference in Ottawa
on August 19, 2009.
(Motion to refer correspondence to the
Chief Administrative Officer)
D - 10 The Honourable Tony Clement, Minister of Industry, announcing that
hockey rinks, swimming pools, multi-purpose facilities and other
community sites with a recreational emphasis are eligible for
financial support for renovations and upgrades under the
Recreational Infrastructure Canada Program in Ontario (RING
Ontario); inviting municipalities, counties, First Nations governments
and community organizations with eligible projects that can be
completed before March 31, 2011 to submit applications; and,
advising the application form, program criteria and deadlines are
available online at www.rinc-on.ca.
(Motion to refer correspondence to
the Director of Community Services)
D - 11 Paul Holbrough, Mayor, Town of Ingersoll, advising Council that on
April 14, 2009, the Town of Ingersoll passed a resolution requesting
the Government of Ontario to act immediately to include Volunteer
and Part-time Firefighters with the same Presumption W.S.I.B.
coverage afforded to full-time firefighters; and, requesting Council to
support the Town's resolution to eliminate this discrimination and
provide all firefighters in the Province with the support they deserve.
(Motion for Direction)
D - 12 Kerri O'Kane, CMO, Deputy Clerk, Township of Centre Wellington,
advising Council that on April 27, 2009, the Township of Wellington
adopted the following resolution pertaining to Bill 221, Workplace
Safety and Insurance Amendment Act 2007 (Presumptions for
.Firefighters):
Summary of Correspondence - 14 - JUNE 1, 2009
"WHEREAS the Ontario Provincial Government on May 3, 2007 with
"all party support" passed Bill 221 the Workplace Safety and
Insurance Amendment Act (Presumptions for Firefighters). This
legislation was passed in record time (one day) recognizing the
urgent need to assist firefighters, who develop job-related cancer or
sustain a hearty injury, when they file a claim with the Workplace
Safety and Insurance Board (WSIB);
AND WHEREAS presented with scientific proven data, the
Government of Ontario implemented regulations to immediately
cover "full-time" firefighters;
AND WHEREAS the Act clearly identifies the intent and allows for
the inclusion in the regulations for "Volunteer and Part-time"
firefighters;
AND WHEREAS the present Provincial Government in the past two
years made promises through three Ministers of Labour, the Minister
of Community Safety and Correctional Services, Assistant Deputy
Ministers and other levels of government, yet has failed to deliver the
inclusion regulations for presumptive legislation for volunteer and
part-time firefighters;
AND WHEREAS in today's fire service of Composite/Part-
time/Volunteer Departments and Province wide emergency
deployment of Mutual Aid, Full-time, Volunteer and Part-time
firefighters work side by side every day. Volunteer and part-time
Firefighters are the backbone to the Ontario Fire Service. These
brave men and women give their time and service to protect our
homes, properties and families and deserve better;
AND WHEREAS cancer and heart attack do not discriminate
between full-time, volunteer and part-time firefighters;
AND WHEREAS there is no explanation other than the government
is clearly discriminating against volunteer and part-time firefighters;
THEREFORE BE IT RESOLVED THAT the Council of the Township
of Centre Wellington requests the Provincial Government to amend
Bill 221, an Act to Amend the Workplace Safety and Insurance Act.
1997 with respect to firefighters and certain related occupants to
"include" volunteer firefighters and part-time firefighters;
Summary of Correspondence - 15 - JUNE 1, 2009
AND FURTHER THAT the Township of Centre Wellington requests
the support of other municipalities within the Province of Ontario;
AND FURTHER THAT this and all supporting resolutions be
forwarded/copied to Premier Dalton McGuinty, the Minister of
Labour, the Honourable P. Fonseca, the Minister of Community
Safety and Correctional Services, the Honourable R. Bartolucci,
Local MPP Ted Arnott, Ontario Progressive Conservative Party
Leader Bob Runciman, Ontario New Democratic. Party Leader
Andrea Horvvath, Ontario Municipalities, the Association of Ontario
Municipalities (AMO) the Firefighters Association of Ontario (FFAO)
and the Ontario Association of Fire Chiefs (OACF)."
(Motion for Direction)
D - 13 The Township of Woolwich advising Council that on April 7, 2009,
the Council of the Township of Woolwich adopted the following
resolution pertaining to an extension to the Workplace Safety and
Insurance Amendment Act to include coverage for volunteer and
part-time firefighters:
"WHEREAS the Ontario Provincial Government of May 3, 2007
passed Bill 221 The Workplace Safety and Insurance Amendment
Act. This legislation was passed to assist firefighters, who develop
job-related cancer or sustain a heart injury, when they file a claim
with the Workplace Safety and Insurance Board (WSIB);
AND WHEREAS it was presumed at the time that such legislation
would also apply to volunteer firefighters who face the same
exposures as their full-time (career) peers;
AND WHEREAS it appears that the coverage of volunteer and part-
time firefighters under this legislation is now uncertain;
AND WHEREAS cancer and heart attacks do not discriminate
between Full-Time, Volunteer, and Part-Time firefighters;
AND WHEREAS the vital service that the Township of Woolwich's
volunteer firefighters provide in protecting the lives and properties of
our residents must be recognized as equivalent to full-time
firefighters;
THEREFORE BE IT RESOLVED THAT the Township of Woolwich
strongly urges that the Provincial Government take immediate action
to extend the legislation to include Volunteer and Part-Time
Firefighters;
Summary of Correspondence - 16 - JUNE 1, 2009
AND FURTHER BE IT RESOLVED that the Township of Woolwich
requests the support of all other Municipalities in the Province of
Ontario in this resolution;
AND FUTHER BE IT RESOLVED THAT this and all supporting
resolutions be forwarded to Ontario Premier Dalton McGuinty; the
Honourable Peter Fonseca, Minister of Labour; the Honourable Rick
Bartolucci, Minister of Community Safety and Correctional Services;
Harold Albrecht, MP; and Leeanna Pendergast, MPP."
(Motion for Direction)
D - 14 Jennifer Haley, Chair, Homegrown Ontario Steering Committee,
advising Homegrown OntarioT"", an alliance of Ontario Pork, the
Ontario Veal Association, the Ontario Sheep Marketing Agency,
Turkey Farmers of Ontario and the Ontario Independent Meat
Processors, is a brand that allows Ontario consumers to support
Ontario farmers by purchasing Ontario meat and poultry;
acknowledging Town and City Councils who are trying to encourage
the purchase of locally-produced food as it contributes to the creation
of a sustainable environment; and, requesting Council to consider
endorsing the following motion of Homegrown OntarioT^":
"WHEREAS the Municipality of Clarington supports practices that
contribute to the creation of a sustainable environment;
AND WHEREAS Homegrown OntarioT"' is a brand that allows
Ontario consumers to support Ontario farmers by purchasing Ontario
produced meat and poultry;
AND WHEREAS Ontario farmers adhere to the highest quality
standards set forth by the Canadian provincial and federal
government regulatory boards;
THEREFORE BE IT RESOLVED THAT the procurement practice of
purchasing meat and poultry products produced by Ontario farmers
be identified as the preferred local sustainable procurement practice;
BE IT FURTHER RESOLVED THAT the purchase of all Ontario
produced meat and poultry sourced locally requires the burning. of
less fossil fuel than other food trucked or even flown in from
hundreds or even thousands of miles away.
(Motion for Direction)
Summary of Correspondence - 17 - JUNE 1, 2009
D - 15 Thomas G. Gettinby, Municipal Clerk, Township of Brock, writing to
the Honourable Leona Dombrowsky, Minister of Agriculture, Food
and Rural Affairs, advising that on May 11, 2009, the Township of
Brock adopted the following resolution pertaining to deadstock
removal subsidy:
"RESOLVED THAT Council of the Township of Brock request the
Provincial Government reinstate the deadstock subsidy on an interim
basis until additional options for disposal become available, re:
Report 2009-Council-07."
(Motion for Direction)
D - 16 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable Dwight Duncan, Minister of Finance and Chair of
Management Board of Cabinet, advising that on May 13, 2009,
Regional Council adopted the following resolution pertaining to 2009
Options for the Mandated Provincial Business Protection Program
("Capping"):
"a) THAT for the 2009 mandated Provincial Business Protection
Program ("Capping")
i) The municipal options made available by the Province and
implemented by Regional Council from 2005-2008, for the
Multi-Residential, Commercial and Industrial property tax
classes, as outlined below, be continued:
a. The maximum percentage increase in property taxation
due to reassessment be maintained at 10% of the
previous year's taxes;
b. A minimum annual threshold increase of 5% of total
Current Value Assessment (CVA) level property
taxation be continued for properties that are provided
protection; and
c. The `billing' threshold be maintained such that any
property components whose taxation burden under the
mandated Provincial Business Protection program is
within $250 of its CVA level taxation be required to pay
its full CVA property taxation amount and the clawback
percentage be adjusted accordingly.
Summary of Correspondence - 18 - JUNE 1, 2009
ii) For the Multi-Residential, Commercial and Industrial
property tax classes, the new option made available by the
Province in 2009 allowing municipalities to permanently
exclude any property's components from the program if it
was at CVA level taxation in 2008 or crosses the CVA level
in 2009 due to the reassessment, be implemented.
iii) The cost of capping reassessment property tax increases in
the Multi-residential, Commercial and Industrial Broad
Property Classes pursuant to the program be financed by
withholding a portion of the reassessment related
decreases owing to other properties within the
corresponding broad property tax class (as has been the
practice in previous years).
iv) In order for the program to be funded consistently across
the Region, the Commissioner of Finance be authorized to
set the "Cut-Off/Freeze" date to ensure consistent program
application across all local municipalities:
v) Staff report back to Regional Council on the final results of
the program after the summer recess only if the impacts
differ materially from the preliminary analysis provided in
this report.
b) THAT the Minister of Finance be requested:
i) to allow Municipalities the option of permanently excluding
Vacant Land properties from the Provincial Business
Protection program as these properties receive an
increasingly disproportionate protection share funded by
active businesses and hinder the winding down of the
program, and
ii) to amend Provincial legislation to allow for separated
property tax billings of the non-residential property classes
such that properties permanently excluded from the
Provincial Business Protection program can be billed prior
to those properties that remain subject to the program.
c) THAT the requisite by-law for the 2009 Provincial Business
Protection program be prepared by the Regional Solicitor."
(Motion for Direction)
Summary of Correspondence - 19 - JUNE 1, 2009
D - 17 Martha A. Pettit, Deputy Clerk, Town of Whitby, writing to the
Honourable Madeleine Meilleur, Minister of Community and Social
Services, advising that on May 11, 2009, the Town of Whitby
adopted the following resolution pertaining to Initial Proposed
Employment Accessibility Standard:
"1. THAT the Town of Whitby forward Planning Report, Item
PL 49-09 to the Minister of Community and Social Services as
comments on the initial proposed Employment Accessibility
Standard; as set out under Section 7 -Considerations.
2. THAT Human Resource Services receive a copy of Planning
Report, Item PL 49-09 and establish a recommended strategy
of policy development, implementation and estimated cost
impacts for the consideration of the Planning and Development
Committee and Council; and,
3. THAT a copy of Council's resolution together with Planning
Report, Item PL 49-09 be circulated to the Accessibility Advisory
Committee, Accessibility Working Committee, Region of
Durham, Durham Area Municipalities, Association of
Municipalities of Ontario and C. Elliot, MPP."
(Motion for Direction)
D - 18 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the Honourable Dalton McGuinty, Premier of Ontario,
advising that on May 11, 2009, the Town of Ajax adopted the
following resolution pertaining to comments on the Province's
"Healthy Great Lakes, Strong Ontario' Discussion Paper:
"1. That this report, entitled "Comments on Province's 'Healthy
Great Lakes, Strong Ontario' Discussion Paper", dated May 7,
2009, be endorsed and submitted to the Province in response to
Policy Proposal 010-6105 on the Environmental Bill of Rights
Registry.
2. That the Province be commended for releasing a Discussion
Paper on the Great Lakes that warns Ontarians that the
ecological conditions in the Lakes are reaching a "tipping point"
of ill health, and reminds that our quality of life depends on
restoring the quality and quantity of these "at risk" freshwater
resources.
Summary of Correspondence - 20 - JUNE 1, 2009
3. That the Province provide the Town of Ajax with sufficient
funding from the Ministry of Infrastructure and Energy to
continue to monitor water quality in the municipal stormwater
system to determine priority areas for stormwater retrofit
facilities or measures to reduce impacts on the quality of water
along the Lake Ontario shoreline.
4. That the Province adopt an Accountability Framework, similar to
that recommended in the International Joint Commission's "13`n
Biennial Report on Great Lakes Water Quality", to ensure
effective implementation of Provincial commitments, including
those identified in the Canada-Ontario Agreement Respecting
the Great Lakes.
5. That the Province strongly encourage the Federal Government,
during negotiations on Federal and Bi-national Great Lakes-
related Treaties and Agreements, to establish a sustained,
reliable source of funding, complemented by scientific research
findings, to ensure effective actions are taken to improve Great
Lakes water quality.
6. That the Province lead in the development of better, more
advanced scientific indicators of the health of the Great Lakes,
support research, development and commercialization of new
analytical techniques to evaluate water quality, and make them
readily available at affordable prices at laboratories across
Ontario.
7. That, in light of changing climatic conditions in Southern
Ontario, the Province consult with Conservation Ontario about
whether current regulatory flood and erosion standards need to
be changed to facilitate better protect municipal infrastructure,
property and the natural environment.
8. That the Province add stronger, more protective water policy to
the Provincial Policy Statement.
9. That the Province increase public education about the Great
Lakes and how human activities are affecting these finite water
resources, such as through promotion of greater collaboration
with other levels of government and agencies, including
conservation authorities, supported by sufficient, sustained
funding.
Summary of Correspondence - 21 - JUNE 1, 2009
10. That the Province, through the Ministry of Education, develop
educational materials and programs for curriculums in all
elementary and secondary schools to promote students'
understanding of the significance of the Great Lakes, including
steps that individuals and schools should take to avoid
adversely impacting these vital freshwater resources.
11. That the Province encourage Environment Canada to ban
phosphate in laundry and dishwater detergents, other cleaning
products, and residential lawn fertilizer products.
12. That the Province promote ascience-based, lake-wide
approach to the regulation of point and non-point sources of
.phosphorus discharge to Lake Ontario, and consider
designating Lake Ontario's nearshore area as an
environmentally sensitive area.
13. That the Province incorporate Great Lakes sustainability
objectives into growth, infrastructure and economic decision-
making by the Ministries of Municipal Affairs and Housing,
Infrastructure and Energy, and other Ministries and agencies, to
avert contradictory strategic initiatives.
14. That this report be sent to The Honourable Dalton McGuinty,
Premier of Ontario, George Smitherman, Deputy Premier and
Minister of Infrastructure and Energy, John Gerretsen, Minister
of the Environment, Donna Cansfield, Minister of Natural
Resources, Leona Dombrowsky, Minister of Agriculture, Food
and Rural Affairs, Kathleen Wynne, Minister of Education, Jim
Watson, Minister of Municipal Affairs and Housing,
Conservation Ontario, the Toronto and Region Conservation
Authority, the Central Lake Ontario Conservation Authority, the
Great Lakes and St. Lawrence Cities Initiative, the Environment
Commissioner of Ontario, Great Lakes United, the Regions of
Durham and York, and the Municipalities in Durham Region.
(Motion for Direction)
D - 19 Douglas G. Martin, Mayor, Town of Fort Erie, writing to the
Honourable David Caplan, Minister of Health and Long-Term Care
advising that on May 11, 2009, the Town of Fort Erie adopted the
following resolution pertaining to the Rural and Northern Health Care
Blue Ribbon Panel:
Summary of Correspondence - 22 - JUNE 1, 2009
"WHEREAS the Health and Long-Term Care Minister recently
announced plans to develop a Small Rural and Northern Health Care
Blue Ribbon Panel to look at health care and hospital needs, and
WHEREAS a call for a moratorium on reducing health care services
in rural and small communities to be imposed upon each Local
Health Integration Network in the Province of Ontario until such time
as a province-wide review process has been conducted was recently
endorsed by the Ontario College of Family Physicians, Canadian
Association of Emergency Physicians, Rural Section of the Ontario
Medical Association and the Society of Rural Physicians, and
WHEREAS the Municipal Council of the Town of Fort Erie at its
meeting of March 30, 2009 passed a resolution petitioning the
Premier and the Minister of Health and Long-Term Care to put a stop
to the implementation of the Niagara Health System Hospital
Improvement Plan until the Ontario Ombudsman completed their
investigation of the Hamilton Niagara Haldimand Brant Local Health
Integration Network, and
WHEREAS the Minister's response dated April 23, 2009 advised he
would not interfere in the local HIP process but the government
would support the Ombudsman's Office as needed through the
investigation, and
WHEREAS it is deemed necessary and expedient for small, rural
and northern municipalities to call upon the government to impose a
moratorium on any further reductions to health care services in rural
and northern communities;
NOW THEREFORE BE IT RESOLVED by the Municipal Council of
the Town of Fort Erie that it hereby petitions The Honourable Dalton
McGuinty, Premier of Ontario and The Honourable David Caplan,
Minister of Health and Long-Term Care to impose a moratorium
upon each Local Health Integration Network to prevent any further
reductions in health care services in rural and northern communities
in the Province of Ontario until such time as a Province-wide review
process has been conducted, resulting in the following action:
1) The urgent establishment of a Think Tank with broad and
knowledgeable representation, similar to those involved in the
Rural and Northern Health Care Framework, to provide
recommendations to the LHINs regarding the role and future of
emergency departments and small hospitals;
Summary of Correspondence - 23 - JUNE 1, 2009
2) The adoption of the standards that have been developed
identifying the services that are required to provide emergency
care;
3) The identification of how many emergency departments are
needed in each community and in each LHIN;
4) The adoption of standards regarding the level of services that
should be available in local hospitals to support the health care
needs of the local population;
5) The adoption of standards regarding the level of services that
should be available to local communities to provide the non-
hospital based services that are required to meet the
healthcare needs of the local population;
6) The adoption of standards regarding the regional services that
need to be in place to support local delivery systems;
7) The implementation of a system to ensure accessibility to
regional services that are deemed necessary to support local
delivery systems;
8) The implementation of standards regarding EMS availability in
the event of a closure of an emergency department;
9) The development of a comprehensive educational program to
prepare and support physicians and nurses to provide
exemplary care in every emergency department/urgent care in
the province; and,
10) A review of the research papers developed to date to evaluate
the effects of any reduction in services in communities on both
the quality of care provided and the overall cost to the
healthcare system and further research to fill in identified gaps
in knowledge, and further
THAT the Minister of Health and Long-term Care be requested to
ensure that the composition of the Blue Ribbon Panel include
members of the Alliance to Save Ontario's Small, Rural and Northern
Hospitals as well as a doctor from Niagara South, and further
THAT a copy of this resolution be sent to all Small, Rural and
Northern Municipalities in the Province of Ontario for support, and
further
Summary of Correspondence - 24 - JUNE 1, 2009
THAT the Ontario Ombudsman and Auditor General be so notified of
this action as well as all other appropriate persons."
(Motion for Direction)
D - 20 Jim Souch, President, Kendal Community Centre, requesting an
interest-free loan in the amount of $7,000 to be added to the $20,000
contributed by the Kendal Community Centre Board for the new
kitchen being installed. If approved, the Board would like to repay
the loan over afive-year term commencing in 2010.
(Motion for Direction)
D - 21 The Greater Toronto Area Countryside Mayors Alliance (GTACMA).
issuing a Press Release dated May 25, 2009, announcing Mayors
Support Free Trade when it's Fair Trade and advising that on
May 22, 2009, the Greater Toronto Area Countryside Mayors
Alliance adopted the following resolution regarding fair trade
between Canada and the United States:
"WHEREAS the world's economy has entered into a period of slow
economic growth;
AND WHEREAS Governments throughout the world have introduced
various stimulus packages to encourage economic growth;
AND WHEREAS the United States of America is Canada's largest
trading partner and a signatory of the North American Free Trade
Agreement;
AND WHEREAS the Greater Toronto Area Countryside Mayors'
Alliance is supportive of Free Trade between Canada and the United
States which has existed for many years;
AND WHEREAS the Government of the United States of America
has introduced infrastructure stimulus packages including the
American Recovery and Reinvestment Act (ARRA) which includes
"Buy American" provisions for steel and other manufactured
products;
AND WHEREAS these restrictive provisions which are contrary to
the spirit of free trade and will prevent Canadian companies from
bidding on contracts which contain the "Buy American" provisions at
the municipal and state levels in the United States since NAFTA and
The General Procurement Agreement of the world Trade
Organization do not nullify such provisions at those levels;
Summary of Correspondence - 25 - JUNE 1, 2009
AND WHEREAS Canadian stimulus infrastructure programs do not
contain any restrictions on manufacturers from other countries
including the United States bidding on such contracts in Canada;
AND WHEREAS Canadian companies may be adversely affected by
these restrictions possibly leading to lay-offs and financial losses
and further could lead to the erosion of their overall viability;
NOW THEREFORE BE IT RESOLVED THAT the Greater Toronto
Area Countryside Mayor's Alliance (GTACMA) is supportive of Free
Trade between the United States and Canada and that the restrictive
"Buy American" provisions in the American Recovery and
Reinvestment Act are contrary to that spirit of free trade;
AND FURTHER THAT IT BE RESOLVED THAT the GTACMA
supports the Canadian Manufacturers and Exporters in its quest to
have the United States Congress reconsider and repeal their current
"Buy American" requirements for the United States stimulus
packages;
AND FURTHER BE IT RESOLVED THAT Canadian municipalities
adopt a procurement policy that future Canadian Infrastructure
projects at the municipal level, including environmental projects such
as water and wastewater treatment projects require that any goods
and materials required for the projects be bought only from
companies whose countries of origin do not impose local trade
restrictions against goods and materials manufactured in Canada to
better ensure open, fair and competitive practices across the globe;
AND FURTHER THAT IT BE RESOLVED THAT the GTACMA
requests the Town of Halton Hills to present this resolution to the
Federation of Canadian Municipalities for their consideration of
endorsement, with a request that it be presented at its annual
convention June 5 - 8, 2009;
AND FURTHER THAT IT BE RESOLVED THAT a copy of this
Resolution be forwarded to the Prime Minister, the Premier of
Ontario, the Federal and Provincial Ministers of Trade and Industry,
the Regions of Durham, York, Peel, Halton and all municipalities
therein, the Association of Municipalities of Ontario (AMO) and the
Canadian Manufacturers and Exporters Association (CME).
(Motion for Direction)
Summary of Correspondence - 26 - JUNE 1, 2009
D - 22 Dawn Whelan, Council Coordinator, City of Ottawa, advising Council
that on April 22, 2009, the City of Ottawa adopted the following
resolution pertaining to leave to appeal the Ontario Municipal Board
decision regarding the application by Minto Communities Inc.:
"WHEREAS the decision of the Ontario Municipal Board approving
the application by Minto Communities Inc. to amend the Secondary
Official Plan for the village of Manotick was released on April 23,
2009;
AND WHEREAS the decision gave very little consideration to the
amendments to the Planning Act that were intended to strengthen
the ability of municipalities to govern development;
AND WHEREAS it is the view of the Council of Ottawa that this
decision is contrary to the vision for Manotick as expressed in the
Official Plan of the City of Ottawa, including the Manotick Secondary
Plan, and this decision does not give proper consideration to the
provisions of the Planning Act, especially the amendments in Bill 51;
AND WHEREAS many municipalities in Ontario have expressed
grave concern over the lack of regard had by the Ontario Municipal
Board to the decisions of the democratically elected Councils;.
THEREFORE BE IT RESOLVED THAT, due to the failure of the
Ontario Municipal Board to give proper consideration to the
amendments to the Planning Act strengthening the role of municipal
councils, the City Clerk and Solicitor be authorized to seek leave to
appeal the decision of the Ontario Municipal Board respecting the
application by Minto Communities Inc. to amend the Secondary
Official Plan for the village of Manotick;
AND BE IT FURTHER RESOLVED THAT the City seek the
involvement of and funding by the Association of Municipalities of
Ontario and other municipalities in its application for leave to appeal."
(Motion for Direction)
Summary of Correspondence - 27 - JUNE 1, 2009
D - 23 Eric K. Gillespie, Barrister and Solicitor, writing on behalf of his
clients Don (Luke) Prout, Cynthia Prout, George Van Dyk and Sean
Keane, advising that a proper compliance audit of the 2006
Municipal Election Campaign finances of John Mutton remains
outstanding and that he has been retained by the applicants to seek
compliance with the legal duties set down in Section 81(4) of the
Municipal Elections Act. 1996, requiring Council to appoint an auditor
to conduct a compliance audit of the candidate's election campaign
finances; hoping that the process can be completed without further
delays or costs; however, advising that if a response is not received
by June 3, 2009, the applicants will have no choice but to commence
some form of legal proceeding against the municipality.
(Motion for Direction)
CJI~lIl I1
Ener "wn Onrario~
~ g
REPORT #1
REPORT TO COUNCIL MEETING OF JUNE 1, 2009
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, MAY 25, 2009
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) EGD-019-09 Monthly Report on Building Permit Activity for April, 2009
(b) ESD-008-09 Monthly Response Report -March and April 2009
(c) Correspondence -Sandra Kranc, City Clerk, City of Oshawa -regarding
Region of Durham's proposed Energy-From-Waste facility
(d) Delegation -Richard Ward -Regarding Official Plan designation
2. APPLICATION BY 564069 ONTARIO INC. TO REZONE TWO PROPERTIES ON
BEAVER STREET (NEWCASTLE) FOR COMMERCIAL USE
THAT Report PSD-046-09 be received;
THAT the application continue to be reviewed by Staff to address outstanding
issues and any concerns raised at the Public Meeting; and
THAT all interested parties listed in Report PSD-046-09, any delegations, and the
Regional Municipality of Durham Planning Department be advised of Council's
decision.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report #1 2 June 1, 2009
3. PROPOSED ZONING BY-LAW AMENDMENT TO PERMIT A 9-HOLE GOLF
COURSE AND CLUBHOUSE BUILDING (STONEHENGE GOLF CLUB) - 3033
TAUNTON ROAD, FORMER TOWNSHIP OF DARLINGTON
APPLICANT: TUNNEY PLANNING
THAT Report PSD-048-09 be received;
THAT the rezoning application submitted by Tunney Planning, be approved and
that the proposed Zoning By-law contained in Attachment 3 to Report
PSD-048-09, be passed; and
THAT all interested parties listed in Report PSD-048-09 and any delegations be
advised of Council's decision.
4. AMENDMENT NO. 67 TO THE CLARINGTON OFFICIAL PLAN
APPLICANT: 1559306 ONTARIO LTD.
PART LOT 20, CONCESSION 5, FORMER TOWNSHIP OF DARLINGTON
NORTHEAST CORNER OF TAUNTON ROAD AND HOLT ROAD
THAT Report PSD-050-09 be received;
THAT Amendment No. 67 to the Clarington Official Plan as shown on Attachment
2 to Report PSD-050-09, be adopted and the necessary By-law contained in
Attachment 3 to Report PSD-050-09, be passed and that the Amendment be
forwarded to the Regional Municipality of Durham for approval;
THAT the Regional Municipality of Durham Planning Department be forwarded a
copy of PSD-050-09; and
THAT all interested parties listed in Report PSD-050-09 and any delegation be
advised of Council's decision.
5. CLARINGTON SIGN BY-LAW REVIEW
THAT Report PSD-051-09 be received;
THAT the draft Sign By-law contained in Attachment 6 to Report PSD-051-09, as
amended to retain the existing six (6) weeks provisions pertaining to the duration
permitted for election signs to be posted, continue to be reviewed to address any
concerns raised at the public meeting; and
THAT all interested parties listed in Report PSD-051-09 and any delegations be
advised of Council's decision.
6. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF MAY 14, 2009
THAT Report PSD-052-09 be received;
Report #1
June 1, 2009
THAT Council concurs with the decision of the Committee of Adjustment made on
April 16, 2009, for applications A2009-0008 and A2009-0009, and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions
of the Committee of Adjustment; and
THAT Council does not concur with the decision of the Committee of Adjustment
made on May 14, 2009 for application A2009-0010 and authorizes staff to appeal
the decision to the Ontario Municipal Board.
7. SALE OF SURPLUS PROPERTY
97 POTTERS LANE, ENNISKILLEN
THAT Report PSD-053-09 be received;
THAT a By-law be passed to confirm and ratify the realty services agreement
between the Municipality of Clarington and Ryan Realty Services Ltd;
THAT a By-law be passed to ratify and confirm the Agreement of Purchase and
Sale between the Municipality and Mark Gerald Gerrits and Kimberly Ann Gerrits
including the payment of commission to Ryan Realty Services Ltd. as provided in
the Agreement on its completion, provided the Agreement is modified as provided
in Report PSD-053-09;
THAT a By-law be passed to authorize the sale and transfer of the lands identified
as Block 30, Plan 10M-775, Part Lot 18, Concession 7, former Township of
Darlington. 97 Potters Lane, Enniskillen;
THAT the net proceeds from the sale of the surplus property be deposited into the
Municipal Land Acquisition Reserve Account; and
THAT staff and the Municipality's Solicitor be authorized to take all necessary
actions to complete the transaction.
8. GENERAL AMENDMENT TO ZONING BY-LAW 84-63 REGARDING
AGGREGATE EXTRACTION AREAS, REQUIREMENTS FOR GARAGE
WIDTHS AND SCHEDULE BOUNDARIES
THAT Report PSD-047-09 be received;
THAT the application to amend the Municipality of Clarington Zoning By-law
84-63, as amended, be approved and that the by-law as contained in Attachment
4 to Report PSD-047-09, be passed;
THAT the by-law, as contained in Attachment 5 to Report PSD-047-09, be
approved in principle and brought forward for Council's approval upon confirmation
from the Ministry of Natural Resources that the Aggregate licence registered to the
owner of the Coombes Pit has been surrendered;
Report #1 4 June 1, 2009
THAT the Region of Durham Planning Department and the Municipal Property
Assessment Corporation be forwarded a copy of Report PSD-047-09 and
Council's decision; and
THAT all interested parties listed in Report PSD-047-09 and any delegations be
advised of Council's decision.
9. PROPOSAL TO CLOSE AND CONVEY AN UNOPEN ROAD ALLOWANCE
SITUATED IN LOT 27, BROKEN FRONT CONCESSION, FORMER TOWNSHIP
OF CLARKE (BARR SUBDIVISION-BOND HEAD) AND RELEASE OF
INTEREST IN THE CLARKE AND BOND STREET ROAD ALLOWANCES
THAT Report EGD-020-09 be received;
THAT the road allowance situated in Lot 27, Broken Front Concession, further
identified as Part 2 on Registered Plan 40R-25566 be closed and declared
surplus;
THAT the applicants pay the land value of $63,000.00 as well as all legal and
other financial costs associated with the transaction after which the road
allowances will be conveyed to Barr's Developments Ltd.;
THAT Barr's Developments Ltd. pay the Municipality $42,000 plus the payment of
all outstanding legal invoices relating to this matter in exchange for a release of
interest from the Municipality for the Clarke and Bond Street road allowances;
THAT the Mayor and Clerk be authorized to execute a release of interest
pertaining to the Clarke and Bond Street road allowances to Barr's Development
Ltd., to the satisfaction of the Director of Engineering Services and the Municipal
Solicitor,
THAT Council pass the necessary by-laws to implement the recommendations of
Report EGD-020-09; and
THAT Barr's Developments Ltd. be advised of Council's decision.
10. INTERSECTION IMPROVEMENTS AT BEAVER STREET AND KING AVENUE,
NEWCASTLE
THAT Report EGD-021-09 be received;
THAT improvements consisting of the construction of bump outs at the intersection
of Beaver Street and King Avenue, Newcastle be approved; and
THAT funding in the amount of $35,000 be transferred from the unspent funds
from the 2009 Capital Sidewalk Replacement Unspecified project to the
intersection improvements project at Beaver Street and King Avenue, Newcastle.
Report #1 5 June 1, 2009
11. MILL STREET PEDESTRIAN TUNNEL CONSTRUCTION STATUS -
NEWCASTLE VILLAGE
THAT Report EGD-022-09 be received;
THAT the Canadian National Railway be advised that the Municipality endorses
the Cost Sharing Alternative A, consisting of a capital contribution towards the
construction costs of the Mill Street Pedestrian Tunnel. In exchange the
Municipality agrees to be responsible for the maintenance of the Mill Street
Pedestrian Tunnel;
THAT the Municipality enter into an agreement with the Canadian National
Railway for the construction of the Mill Street Pedestrian Tunnel, containing
provisions for the implementation of a cost sharing component as outlined in
Alternative A detailed within Report EGD-022-09;
THAT the Mayor and Clerk be authorized to execute the agreement with the
Canadian National Railway in a form satisfactory to the Municipal Solicitor;
THAT the by-law attached to Report EGD-022-09 authorizing the Mayor and the
Clerk to execute the proposed Agreement be approved; and
THAT a copy of Report EGD-022-09, as well as Council's decision be forwarded to
the Canadian Transport Agency, Transport Canada and the Canadian National
Railway.
12. SCHEDULE OF RATES AND FEES 2009/10 - 2010/2011
THAT Report CSD-010-09 be received; and
THAT Council approve the Rates and Fees Schedule (attached to Report
CSD-0.10-09) for the two (2) year period, September 1, 2009 -August 31, 2011.
13. JUNE IS RECREATION AND PARKS MONTH
THAT Report CSD-011-09 be received; and
THAT the month of June 2009 be proclaimed Recreation and Parks Month.
14. REVIEW OF REFRESHMENT VEHICLE LICENCE REQUIREMENTS
THAT Report CLD-008-09 be received;
THAT the current 60 meter setback as required in By-law 2004-114 be maintained;
and
THAT the interested parties listed in Report CLD-008-09 be advised of Council's
decision.
Report #1 6 June 1, 2009
15. REQUEST FOR NOISE EXEMPTION AND ROAD OCCUPANCY PERMIT
THAT Report CLD-009-09 be received;
THAT an exemption to the curfew requirements contained in Clarington Noise
By-law 2007-071 be granted to the organizers of Sonfest, to be held at Holy Trinity
High School 2260 Courtice Road;
THAT the organizers be granted a Road Occupancy Permit for their procession on
Saturday August 15~h, 2009 provided all the Municipality's requirements are met;
and
THAT the interested parties listed in Report CLD-009-09 be advised of Council's
decision.
16. 15~ QUARTER PARKING REPORT
THAT Report CLD-010-09 be received; and
THAT a copy of Report CLD-010-09 be forwarded to the Bowmanville Business
Centre for their information.
17. APPOINTMENT TO THE SAMUEL WILMOT NATURE MANAGEMENT
ADVISORY COMMITTEE
THAT Report CLD-011-09 be received;
THAT Candy Davis-Storks be appointed to the Samuel Wilmot Nature
Management Advisory Committee; and
THAT the interested parties listed in Report CLD-011-09 be advised of Council's
decision.
18. CONFIDENTIAL REPORT REGARDING LABOUR RELATIONS AND
EMPLOYEE NEGOTIATIONS
THAT Report COD-036-09 be received;
THAT the interim award by Arbitrator Kevin Burkett be implemented as directed for
the 2007 & 2008 years;
THAT Staff report to Council following the final arbitration ward for the years 2007,
2008 and 2009; and
THAT Council honor its commitment to the Fire Fighters in the 2009 budget.
Report #1 7 June 1, 2009
19. CL2009-12, SUPPLY AND DELIVERY OF ONE (1) TANKER
THAT Report COD-037-09 be received;
THAT Dependable Emergency Vehicles, Brampton, Ontario, with a total adjusted
bid in the amount of $197,510.00 (plus G.S.T.), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL2009-12, be
awarded the contract to supply and deliver one (1) 2009 Tanker, as required by
the Municipality of Clarington, Emergency and Fire Services; and
THAT the funds required in the amount of $197,510.00 (plus G.S.T.), be drawn
from 2009 Capital Budget account number 110-28-388-82811-7401.
20. RFP2009-4 -ARCHITECTURAL SERVICES FOR DARLINGTON SPORTS
CENTRE RENOVATION
THAT Report COD-038-09 be received;
THAT the proposal received from Barry-Bryan & Associates Ltd, Whitby, Ontario
being the most responsive bidder meeting all terms, conditions and specifications
of Request for Proposal RFP2009-4 be accepted for the provision of Architectural
Services for the Darlington Sports Centre Renovations including disbursements of
$135,900.00 (excluding GST); and
THAT the funds required be drawn from Account #110-42-421-84267-7401.
21. TENDER CL2008-24, CATCH BASIN AND MANHOLE REPAIRS
THAT Report COD-039-09 be received;
THAT Ron Robinson, Bowmanville, Ontario with a total estimated bid price of
$43,000.00 (excluding G.S.T.), being the sole responsible bidder meeting all terms,
conditions and specifications of Tender CL2008-24 be awarded the contract for
Miscellaneous Catch Basin and Manhole Repairs for a second year;
THAT pending service and acceptable pricing the contract be extended for a third
year; and
THAT the funds expended be drawn from the Department of Operations, 2009
Capital Account Catch Basin Repairs 110-36-330-83610-7401 and 2009 Current
Account Catch Basin/Sewer Maintenance -Professional Fees
100-36-380-10245-7161.
22. DELEGATION -BRAD ARBOUR -REGARDING YOUTH CENTRE UPDATE
THAT the delegation of Brad Arbour be received with thanks.
Report#1 8 June 1, 2009
23. DELEGATION -ROBERT MACDONALD -REGARDING PROPOSED
DEVELOPMENT
THAT the delegation of Robert MacDonald be received; and
THAT the concerns and issues raised by Robert MacDonald be referred to the
Planning Department.
n~~ ~. ~ _....
STAFF REPORT lil
~al"JIIl
Leadueg the Way
REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: COUNCIL
Date: June 1, 2009
Report #: COD-040-09
Subject:
File #
By-law #,
TENDER NO. CL2009-26 - ORONO ARENA ROOF REPLACEMENT
Recommendations:
It is respectfully recommended to Council the following:
1: THAT Report COD-040-09 be received;
2. THAT staff be authorized to proceed with.the award of a contract for the replacement of
the Orono Arena Roof based on the compliant low bid received on Tender # CL2009-26
on the approval of the Director of Operations and the Chief Administration Officer;
3. THAT the funds required be drawn from Account #110-36-370-83683-7401 in the
amount of $290,300.00 with additional funds to an amount of $200,000.00 if needed, be
drawn from the Creating Jobs, Building Ontario funds set aside for the Newcastle Fire
Station Replacement;
4. THAT the Mayor and Clerk be authorized to execute the necessary agreement; and
5. THAT staff report to Council on the results of the tender call and the contract award.
Submitted by: Reviewed by:
e arano, H.B.Sc., C.M.O.,
Director of Corporate Services
MMUDBIkm
(!~ Nanc Taylor, B.B.A~.A.,
{{" Director of Finance/Treasurer
/ 14~g11R1111 VV U,
/tiU/~ )--}/ Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-4169
REPORT NO.: COD-040-09
oer_c ~
REPORT NO.: COD-040-09 PAGE 2
7. BACKGROUND AND COMMENT
1.1 In 2008 the Director of Finance Report #FND-018-08 identified and approved funding in
the amount of $310,000.00 for the complete replacement of the Orono Arena Roof due
to rapidly deteriorating conditions. To date there is a commitment of $19,700.00 for
consulting services leaving a balance of $290,300.00 for the roof replacement.
1.2 A public tender has been issued with a closing date of June 11, 2009.
1.3 Just prior to issuance of the tender two issues came to light that require approval of
Council in order to proceed with an expedited tendering process and deal with the
anticipated budget shortfall. The two issues are as follows:
• Due to the short time allowed for work of this nature to be completed at the arena
(August 30, 2009) it is imperative that the award process be shortened as much
as possible. By pre- authorizing an award up to 3 weeks can be made available
for the completion of the work. Even with the added three weeks the schedule is
extremely tight.
• A further review of the condition of the roof identified additional work required to
maintain the facility. This work includes replacement of heat tracing in the roof
gutter; removal and replacement of steel gutter and the addition of nine (9)
galvanized steel downspouts. In addition, a review of a recent similar project in
the area has resulted in a reassessment and an increase in the estimate of the
actual roof replacement cost. The original estimate was set at $310,000.00. The
revised estimate is $351,600.00. With the addition of the heat tracing, steel roof
gutter and downspouts the revised estimate is $473,100.00.
2. ANALYSIS
2.1. Given the circumstances it is crucial to the project that an expedited award approval
process be put in place to allow as much time as possible for the replacement of the
arena roof and the restoration of the associated gutter, downspouts and heat tracer.
2.2. A compressed project schedule can result in rushed and poor quality work, warranty
follow up and potentially on-going issues. In addition, the shorter the time to complete
REPORT NO.: COD-040-09 PAGE 3
REPORT NO.: COD-040-09 PAGE 3
the work to higher the cost as contractors are required to work longer hours and pay
overtime. A compressed time frame to complete also acts as a deterrent to bidders.
3. FINANCIAL
3.1. This project is in the 2009 Capital Budget in the Account #110 36-370-83683-7401 with a
budget amount of $310,000.00. This project currently has unspent funds of $290,300.00
available.
3.2. In September 2008, report FND-018-08 regarding the Creating Jobs, Building Ontario
Funding was approved by Council in which $1,500,000.00 for the Newcastle Fire Hall
Replacement was set aside. As the Newcastle Fire Hall Replacement project is not yet
ready to proceed, the Director of Finance/Treasurer has recommended that $200,000.00
be made available from the Creating Jobs, Building Ontario Funding to complete the
project. Therefore, it is recommended that $200.000.00 be reallocated to the Orono
Arena Roof, if required. Full funding for the Newcastle Fire Hall Replacement will be
dealt with in a subsequent report at such time as that project is ready to proceed.
4. CONCLUSION
4.1. Staff is recommending that authorization to proceed with an award to the low compliant
bid be provided subject to the approval of the Director of Operations and the Chief
Administrative Officer, subject to the funding availability as outline above.
4.2. An information report summarizing the results of the tender process and the award will
be provided for Council's Information prior to the summer recess.
4.3. This report has been reviewed for recommendation by the Purchasing Manager and the
appropriate department and circulated as follows:
Concurrence: Director of Operations
Unfinished Business #1
Excerpt of General Purpose and Administration Committee Meeting
May 25, 2009
DELEGATION -RICHARD WARD -REGARDING RECENT PROPERTY
STANDARDS SITUATION
Resolution #GPA-384-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the four vehicles removed from Mr. Ward's property on May 11, 2009 during the
execution of a Property Standards Order be returned to Mr. Ward.
Resolution #GPA-385-09
THAT all costs associated with returning the vehicles to Mr. Ward be borne by the
Municipality.
MOTION TABLED
(See following motion)
Resolution #GPA-386-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT the foregoing resolution and amending resolution be tabled to the Council
meeting scheduled for June 1, 2009 to allow staff the opportunity to provide Council with
further information.
CARRIED
SUMMARY OF BY-LAWS
June 1, 2009
BY-LAWS
2009-063 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Tunney Planning) (Item 3 of Report #1)
2009-064 Being a By-law to adopt Amendment No. 67 to the Clarington
Official Plan (1559306 Ontario Ltd.) (Item 4 of Report #1)
2009-065 Being a by-law to ratify and confirm a realty services agreement
between Ryan Realty Services Ltd. and the Municipality of
Clarington and to authorize the payment of commission to Ryan
Realty Services Ltd. provided in the Agreement of Purchase and
Sale between the Municipality of Clarington and Mark Gerald
Gerrits and Kimberly Ann Gerrits of the lands more particularly
described as Block 30, Plan 10M-775, Part Lot 18, Concession 7,
former Township of Darlington, 97 Potters Lane, Enniskillen
(Item 7 of Report #1)
2009-066 Being a by-law to ratify and confirm the Agreement of Purchase
and Sale between the Municipality of Clarington and Mark Gerald
Gerrits and Kimberly Ann Gerrits of the lands more particularly
described as Block 30, Plan 10M-775, Part Lot 18, Concession 7,
former Township of Darlington, 97 Potters Lane, Enniskillen
(Item 7 of Report #1)
2009-067 Being a by-law to authorize the sale and transfer to Mark Gerald
Gerrits and Kimberly Ann Gerrits of the lands more particularly
described as Block 30, Plan 1 OM-775, Part Lot 18, Concession 7,
former Township of Darlington, 97 Potters Lane, Enniskillen
(Item 7 of Report #1)
2009-068 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Municipality of Clarington) (Item 8 of Report #1)
2009-069 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 2 on
Registered Plan 40R-25566 to Barr's Developments Ltd. (Item 9 of
Report #1)
2009-070 Being a by-law to authorize the execution on behalf of the
Municipality of Clarington of an Agreement with the Canadian
National Railway) (Item 11 of Report #1)
Summary of By-laws - 2 - June 1, 2009
2009-071 Being a by-law to amend By-law 2007-038 to appoint Members to
the Samuel Wilmot Nature Area (Candy Davis-Storks) (Item 17 of
Report #1)
2009-072 Being a by-law to close Part 3 on Plan 40R-25884 as a public
highway pursuant to section 34 of the Municipal Act, 2001, S.O.
2001, c.25, as amended (Approved by Council May 11, 2009)
2009-073 Being a by-law to declare Part 3 on Plan 40R-25884 surplus as
pursuant to section 268(3) of the Municipal Act, 2001, S.O. 2001,
c.25, as amended (Approved by Council May 11, 2009)
2009-074 Being a by-law to authorize the Mayor and Municipal Clerk on
behalf of the Municipality of Clarington to authorize the transfer to
Prestonvale Land Corporation (Approved by Council May 11,
2009)
~~
Clari~gton
Leading the Way
MEMO
CLERK'S DEPARTMENT
To: Mayor Abernethy and Members of Council
From: C. Anne Greentree, Deputy Clerk
Date: .May 29, 2009
Subject: COUNCIL AGENDA -JUNE 1, 2009
Please be advised of the following additions to Monday's meeting:
DELEGATIONS
See final list of Delegations attached.
CORRESPONDENCE FOR INFORMATION
I - 27 Tanya Laverty, Works Communications Officer, Region of Durham, announcing
the release of the first draft of the full Durham/York Residual Waste Study
Environmental Assessment on May 26, 2009, outlining the steps completed
throughout the Durham/York Residual Waste Study and advising that comments
on the draft documentation may be submitted to the project team at
info andurhamvorkwaste.ca during the pre-submission period ending June 5, 2009.
The general public will also have an opportunity to comment during the Ministry of
the Environment's regulated review period which follows the formal submission of
the EA documentation. The formal submission is subject to approval by both
Durham and York Regional Councils. A copy of the Draft Environmental
Assessment (EA) Document dated May 25, 2009 and CD were provided to the
Municipal Clerk's Department.
CORRESPONDENCE FOR DIRECTION
D - 24 Libby Racansky expressing concern with the closure of Nash Road from Courtice
Road easterly to Harry Gay Drive for upgrades being undertaken by the
Municipality, without adequate notice to residents, and the simultaneous Regional
road work commencing on June 1, 2009, on Courtice Road North, and expressing
concern with the flow of traffic and that Hancock Road will be used as a detour for
these construction projects.
(Motion for Direction)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
CLERK'S DEPARTMENT MEMO
PAGE2
D - 25 Memorandum dated May 29, 2009, from the Deputy Clerk regarding responses
received to Letters of Interest to Sit on Task Force on Attracting Higher Education
Facilities. The memorandum indicates that ten responses were received and in
accordance with the Terms of Reference there are six positions to be filed.
Names of the individuals have been provided to Members of Council under
separate cover.
(Motion for Direction)
D - 26 Gord Krieger, P.Eng., Project Manager, Genivar, advising they have been retained
by the Ministry of Transportation Eastern Region (MTO) to complete
improvements on Highway 115 from 1.4km south of Boundary Road to Victoria
Road 32; indicating that in order to complete construction within the given time
frame and to minimize traffic disruption, the contractor may be required to work
during the night-time; and, requesting an exemption to the Clarington Noise By-law
from July 29, 2009 to November 30, 2009, to permit the contractor to work 24
hours per day, seven days per week. All work would take place within the MTO
right-of-way.
(Motion for Direction)
STAFF REPORT
2. Verbal Report of the Solicitor regarding a Confidential Legal Matter respecting
Bowmanville Creek Developments Inc. Ontario Municipal Board Appeal.
UNFINISHED BUSINESS
Attached please find a Memorandum from the Deputy Clerk regarding the
delegation of Richard Ward concerning recent Property Standards Order.
. Anne Greentree, CMO
Deputy Clerk
CAG/cf
attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
FINAL LIST OF DELEGATIONS
June 1, 2009
a) Linda Gasser regarding Presentation (c) -Richard Walli, Chair,
Energy-From-Waste Site Liaison Committee -Update on EFW Site
Liaison Committee Meetings
ri 'h ri n tTtnn
~~.~Il~`tOI~
Leading the Way
MEMO
TO: Mayor Abernethy and Members of Council
FROM: A. Greentree, Deputy Clerk
DATE: May 29, 2009
RE: RESPONSES TO LETTER OF INTEREST TO SIT ON
TASK FORCE ON ATTRACTING HIGHER EDUCATION FACILITIES
Our File No.: C12.GE
On, April 6, 2009, Council directed the Municipal Clerk to contact a select group of
individuals to see if they would be interested in sitting on the Municipality of
Clarington's Task Force on Attracting Higher Education Facilities to the Municipality.
On April 30~' correspondence was sent to 16 individuals with a response deadline of
May 13~'. Twelve responses were received.
Attachment B, distributed under separate cover as it contains personal information
about identifiable individuals, includes the applicant names.
In accordance with the Terms of Reference for this Task Force, there are six (6)
positions to be filled (Attachment A).
CAG
Att.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F
(905)623-6506
~~UCk~rrer.~ .~_
Terms of Reference
Clarington Task Force on Attracting
Higher Education Facilities to Clarington
MANDATE
To assist Council in attracting higher education facilities to the Municipality of Clarington
with particular attention to supporting the Energy and Science Park initiatives. The
potential candidate institutions are Durham College, the University of Ontario Institute of
Technology (UOIT), and Trent University; however there may be other institutions that
are either considering a satellite campus or have programs related to Clarington's
emerging training needs.
The work of the Task Force will also seek to support Clarington's objective to be
recognized as a Provincially Significant Employment Area. The Task Force will be
cognizant of recommendations to the Province to make Ontario a leader in the Creative
Age.
TASK FORCE MEMBERSHIP
The Task Force will be comprised of up to six (6) community members appointed by
Council with input. from individual members of Council and the Clarington Board of
Trade. The community members will be sufficiently knowledgeable about the mission
and strategic objectives of higher education facilities, the training needs for existing and
anticipated businesses in Clarington, the changing Ontario economy and work being
done by groups such as the Institute for Competitiveness and Prosperity or the Martin
Prosperity Institute. Task Force members should be influential inside and outside of the
community. The composition of the Task Farce should represent a variety of interests.
The Mayor will be an ex-officio member of the Task Force.
The Director of Planning Services is the municipal staff liaison for the Task Force.
PROCESS
The Task Force will look at the various options of attracting a satellite campus of a
higher education facility.
The Task Force will:
• review the needs and requirements identified by the Durham College/ UOIT
Campus Planning Study and any similar studies or strategic plans available
from Trent University, etc.;
• undertake appropriate consultation with key stakeholders in Clarington
regarding their labour force and training needs, particularly Ontario Power
Generation, with a view towards identifying which education opportunities
could best be served from a satellite facility;
• review with executive members of the institutions their current plans and
the potential opportunities to meet their mission with satellite facilities or
private/institutional partnerships;
• identify opportunities within Clarington for satellite facilities and/or training
space in conjunction with business;
• advise the Mayor and Council on strategic actions that should be
considered;
• prepare an interim report to the Municipality within 6 months on their
findings that could be the basis for discussions with the higher education
institutions;
• undertake additional actions as determined by Council to influence the
investment decisions for higher education facilities and services; and
• deliver a final report within one year.
It is understood that in order to meet its mandate the Task Force will need to
be flexible and adjust to changing circumstances.
MEETINGS
The Task Force will meet at a convenient location and time for the members.
I:T•7R~9
The Chair
The Chair of the Task Force will be selected by members of the Task Force and
will
• facilitate the meetings;
• be responsible to ensure that the task force meets its mandate;
• be responsible to author any report of the task force with the assistance of
other Task Force members;
• be responsible for arranging and leading key meetings with the institutions
and senior levels of government; and
• report to Council as appropriate and determined by the Task Force.
Members
All Members of the Task Force will
• report any conflict of interest issues prror to decision making;
• operate in a consensus mode, allowing members to discuss their
respective views and opinions and to listen to others;
• will review all documents, agendas and minutes presented to them to make
informed decisions;
not release or use any confidential information obtained through
discussions or other information provided to the Task Force;
• participate in the writing of any report or other tasks as determined through
the meetings; and
• uphold the mandate of the Task Force.
Municiaal Staff Liaison
The staff liaison will assist with any research and municipal planning information
that would be helpful to the Task Force.
Mavor's Office
The Mayor's Office will be responsible for all administrative arrangements and
meeting minutes.
~ '~ar~n~o-tnn
Claring~~on
Leading the Way
MEMO
TO: Mayor Abernethy and Members of Council
FROM: A. Greentree, Deputy Clerk
DATE: May 29, 2009
RE: Richard Ward's Property Clean-Up -May 15, 2009
Our File No.: V08-13116
Background:
On Monday, May 25, 2009, at the General Purpose and Administration Committee
Meeting, Mr. Ward requested Council to give direction to return his four vehicles
which were removed from his proper#y during the execution of a Property Standards
Order on May 11, 2009.
A motion was introduced to return the four vehicles and that any related costs be
bourne by the Municipality. This motion was then tabled to the Council Meeting of
June 1S` to provide staff the opportunity to provide Council with additional information
regarding this matter.
This memo is provided to you in response to that request for your information and
consideration.
Significant Dates:
May 23/08 Complaint Received
May 28/08 Investigation Initiated and photos taken
June 4108 -Order Requiring Compliance Issued
June 24/08 Appeal Filed
June 24/08 Deadline for filing appeal of Order to Property Standards
Committee
July 15/08 Deadline for compliance
July 28/08 Property Standards Appeal Hearing -Adjourned to Sept 17108
Sep 17/08 Property Standards Appeal Hearing -Adjourned to Oct 8/08
Oct 8/08 Property Standards Appeal Hearing -Decision Rendered
Oct 22/08 Deadline to Appeal to Judge of Superior Court of Justice
Dec 10/08 New Deadline for compliance
May 11/09 Order Requiring Compliance executed by MLEO
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F
(905)623-6506
TL. A_J--.
Mayor & Members of Council - 2 - May 29, 2009
The Order:
The Order Requiring Compliance, issued to Mr. Ward on June 4, 2008, clearly
detailed the necessary remedies to be taken by Mr. Ward in order to comply with the
Order. A copy of the Order is included as Attachment 1 to this memo. In particular, I
draw your attention to items 2 and 3 of the Order. The Property Standards By-law
requires, under Section 2.0.2 (3) and (4), that the yard be kept clean and free from
derelict machinery, vehicles, trailers, boats or vessels and any component parts
thereof, and includes any derelict motor vehicles whether exposed to view or covered
by means of tarpaulin or other cover.
The only buildings/structures on Mr. Ward's property are: one 20' X 40' wooden
barn/garage (which is full of material and an o{d plow truck) and, two old wooden
agricultural-type storage sheds with unknown interior contents.
Procedures Followed:
The Property Standards By-law was passed pursuant to the provisions of the Building
Code Act. This legislation provides for an opportunity for appeals to an Order issued
under the Act. An owner may appeal an Order to the Property Standards Appeal
Committee. Mr. Ward appealed to the Committee and the Hearing was conducted on
October 8, 2008. Following the Hearing, the legislation allows 14 days for either
party to appeal to the Superior Court of Justice. If no appeal is filed, the Order is
deemed "Final and Binding" and therefore enforceable. Mr. Ward never availed
himself of his right to further appeal and therefore the Order stands.
The Property Standards By-law establishes minimum standards for ALL properties
within the Municipality of Clarington. The Municipal Law Enforcement Division
operates on a written complaint basis only as stipulated in the By-law. One of Mr
Ward's repeated complaints is that there are several properties in worse shape than
his. Staff does not deny that there are other problem properties within the
Municipality, and these are each dealt with on a complaint basis. There is significant
case law in the appeal courts to state that the fact that staff have not dealt with all
properties does not bar, in any way, their ability to deal with the matter at hand. Until
recently, Mr. Ward has not formally complained about other properties. Any formal
complaints recently filed by Mr. Ward with the Municipal Law Enforcement Division
have been documented and dispatched for action as per our standard protocol.
Mr. Ward is very familiar with the appeal procedure as he has been through this
before. As he chose to not proceed with an appeal to the Superior Court there is no
apparent legal authority for Council to deal with a binding Order. That said, currently
there is a valid Order against Mr. Ward's property. As part of that Order the property
must be kept clean and free from all derelict vehicles. If Mr. Ward were to bring more
derelict machinery onto the property, he would be in direct violation of the Order and
subject to charges with a resulting fine that could reach a maximum of $50,000.
Mayor & Members of Council - 3 - May 29, 2009
Costs:
Upon execution of the Order on May 11th, the costs incurred for this property clean-up
totalled $14,988.07 (which includes $13,615.09 for contractor fees and $1372.98 for
Durham Regional Police but does not include related staff costs).
Items removed from the property, with the exception of the vehicles, were removed
and disposed of by the contractor. The four vehicles at issue were removed from the
property through our contractor and were towed to Jim's Impound, Oshawa, where
they will remain for thirty (30) days, following which they may be disposed of at their
discretion. Mr. Ward has the option to retrieve the vehicles from the Impound within
the thirty-day period, upon payment of the impound fees.
Costs Details
$460.00 Towing fee from Mr. Ward's property to Jim's
Im ound
$2,760.00 Impound fees accrued to June 2, 2009
based on $30 Ida. X 4 vehicles
$460.00 return tow fee if council wishes $460.00
Conclusion:
Should Council pass the resolution to return the four vehicles to Mr. Ward at the
expense of the Municipality, the Municipality would then be facing two rather
significant challenges; the first being the matter of derelict vehicles being stored on
Mr. Ward's property, and the second being the perception of inequitable treatment.
There is not sufficient storage space within any outbuilding for the subject vehicles on
Mr. Ward's property and nor is there any means by which we may force him to build a
garage large enough to house them. Therefore, by returning the vehicles, Council
would then have Ward's property again displaying derelict vehicles in direct
contravention of the By-law, the requirements of the Building Code Act, and the
Order
It is therefore recommended that prior to Council taking action on this matter that
Council first seek an opinion from the Solicitor regarding any legal implications of
returning the vehicles to Mr. Ward. Mr. Hefferon has been apprised of this matter
and has indicated he will be in attendance at Monday's Council Meeting.
CAG
Enc.
1 ~1~1I llll~lllll
lAl 11
~~
.,.~,x fi nr~v ~ r
FILE COPY
ORDER REQUIRING COMPLIANCE
PURSUANT TO SECTION 15.2 OF THE BUILDING CODE ACT, S.O. 1992 c.23
ISSUED TO:
RICHARD WARD
3709 REGIONAL ROAD 8
ORONO,ON
LOB 1M0
MUNICIPAL ADDRESS:
3709 REGIONAL ROAD 9
ORONO,ON
PIN: 267250002
LEGAL DESCRIPTION:
CON 6 PT LOT 24 NOW RP
10R1937 PART 1 TO 3
MUNICIPALITY OF CLARINGTON
REGIONAL MUNICIPALITY OF DURHAM
BEING THE OWNER OF THE ABOVE-MENTIONED PROPERTY OR A PERSON
HAVING AN INTEREST THEREIN.
PURSUANT 70 SECTION 15.2 OF THE BUILDING CODE ACT, S.O. 1982 c.23
WHERE AS the property ducrlbed above hu been Inspected by a Property Standards
Officer and found not to conform to the standards set out in Properly Standards Byelaw
2007-070:
IT IS HEREBY ORDERED that the repairs and/or clean up described in schedule "A", which is
attached hereto and forms part of this order, be effected at the property ducritzrd herein an or
before JULY 15, 2008 using audable and sufficient materials and in a manner accepted as good
workmanship in the trade cancemed.
If this Order is not complied with within the time and in the manner specfiad, and in
accordance with any permits required by law, the Corporation may carry out the
requirements of this Order at the owner's expense and/or commence legal
proceedings.
You are hereby advised that if you are not satisfied with the terms or conditions of
this Order, you may appeal to the Properly Standards Committee by sending a
Notice of Appeal to the Secretary, Property Standards Committee at 40 Temperance
Street, Bowmanville, Ontario, LiC 3AB, on or before JUNE 24, 2008 stating your
grounds for appeal.
In the evert no appal is taken within the prescribed period and in the manner specified
above, the Order shall be deemed to be confirmed and shall ba ftnal and binding upon you
punuard to Section 15.3(2) of the Act
FILE: V08-13116
ISSUED ON: JUNE 4, 2008
SENT BY REGI TER MAIL ON: JUNE 4, 2008
Tom Vendresco C.P.S.O.
Property Standards Officer
Municipality of Clarington
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
d(1/ IIIL/1111
C1~I'111~011
~~oe~
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MUNICIPAL LAW ENFORCEMENT DNISION
PROPERTY STANDARDS BY-LAW 2007-070
SCHEDULE"A"
FILE: V08-13716
Section Nonconformides
1. 2.02 (t) Yard not kept clean and free of rubbish and
debris.
REMEDY: Remove and properly dispose of all rubbish
and debris this includes but Is not limited to
wood, scrap metal, plastic pails, plastlc
containers, furniture, appliances, bricks, and
concrete.
2. 2.02 (3) Yard not kept dean and free from derelict
machinery, vehides, trailers, boats or vessels
and any component parts thereof.
REMEDY: All derelict vehicles to be removed from the
property or brought into a 'roadworthy'
condition that is licensed or capable of
being licensed by virtue of a current valid
Safety Standards Certificate having been
issued for said vehicle and proof of Safety
Certificate to be provided to Clarington's
Municipal Law Enforcement Division.
Remove and properly dispose of all
component vehicle parts this includes but
is not limited to vehicle batteries, engines,
truck cabs, truck boxes, hoods, quarter
panels, tail gates, exhaust systems, gas
tanks, box linen, tlres and rims.
3. 2.02 (4) Yard not kept dean and free from derelict motor
vehicles whether exposed to view ar covered by
means of tarpaulin or other cover.
REMEDY: Remove and properly dispose of all derelict
motor vehicles on property.
CORPORATION OF THE MUNICIPALITY OF CLARINOTON
1 d(ll ll /iLlllll
Vl
~~~o
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
MUNICIPAL LAW ENFORCEMENT DIVISION
PROPERTY STANDARDS BY-LAW 2007-070
SCHEDULE"A"
FILE: V08-13716
Section Nonconfonnities
4. 2.17 Accessory buildings not maintained in a
structurally sound condition and in good
repair.
REMEDY: Demolish bam on East aide of
properly and all resulting debris to be
properly dlaposed of.
NOTE: A BUILDING PERMIT, DEMOLITION PERMR OR A PLUMBING PERMR MAY BE REQUIRED
PRIOR TO THE COMMENCEMENT OF CONSTRUCTION, DEMOLRX)N, INSTALLATpN,
ALTERATION OR REMOVAL OF PLUMBING OR ANY OTHER MATERIAL ALTERATION TO A
BUILDING OR STRUCTURE. FOR FURTHER INFORMATION CONCERNING SUCH PERMITS
CONTACT THE MUNICIPALITY OF CLARINGTON BWL.DING DEPARTMENT AT (805) 8293379
BETWEEN THE HOURS OF 8:30AM3:30PM MONDAYFRIDAY EXCEPT HOLIDAYS
CORPORATION OF THE MUNICIPALITY OP CLARINOTON