HomeMy WebLinkAbout06/15/2009
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DATE: MONDAY, JUNE 15, 2009
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
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ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held June 1, 2009
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PRESENTATIONS
a) Annual Awards of Academic Excellence
b) Frank Lockhart - Senior of the Year Award
c) Harriet Philips, SENES, Regarding Site Specific Human Health and Ecological
Risk Assessment for Energy-From-Waste
d) Dr. Christopher Ollson and Jim McKay, Jacques Whitford, Regarding Site
Specific Human Health and Ecological Risk Assessment for Energy-From-Waste
DELEGATIONS (List as of Time of Publication)
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a)
Dr. Fuller - Loss of Acute Care Services at Lakeridge Health Bowmanville
(Correspondence Item I - 19)
b) Dr. Irish - Loss of Acute Care Services at Lakeridge Health Bowmanville
(Correspondence Item I - 19)
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c)
Dr. Lottering - Loss of Acute Care Services at Lakeridge Health Bowmanville
(Correspondence Item 1-19)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Council Agenda
- 2 -
JUNE 15,2009
d) Dr. Osborne - Loss of Acute Care Services at Lakeridge Health Bowmanville
(Correspondence Item 1- 19)
e) Dr. Stone - Loss of Acute Care Services at Lakeridge Health Bowmanville
(Correspondence Item I - 19)
f) Representative, EMS - Loss of Acute Care Services at Lakeridge Health
Bowmanville (Correspondence Item I - 19)
g) Dr. Ted Bounsall or Gary Cole- Report PSD-056-09 - Reasons For Decision of
The Joint Board under the Consolidated Hearings Act and the Expropriations Act
(Case No. 04-164) respecting the Proposed Expropriation of Certain Lands
Owned by The Port Darlington Harbour Company (Staff Report #1)
h) Belinda Helmer - Report PSD-056-09 - Reasons For Decision of The Joint Board
under the Consolidated Hearings Act and the Expropriations Act (Case No. 04-
164) respecting the Proposed Expropriation of Certain Lands Owned by The Port
Darlington Harbour Company (Staff Report #1)
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Animal Advisory Committee dated March 11, 2009.
(Copy attached)
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated
April 9, 2009. (Copy attached)
I - 3 Minutes of the Tyrone Community Centre Hall Board dated April 15,
2009. (Copy attached)
I - 4 Minutes of the Central Lake Ontario Conservation Authority dated
May 20, 2009. (Copy attached)
I - 5 Minutes of the Energy-From-Waste Site Liaison Committee dated
May 6, 2009. (Copy attached)
I - 6 Minutes of the Clarington Heritage Committee dated May 19, 2009.
(Copy attached)
I - 7 The Honourable Lisa Raitt, Minister of Natural Resources _
Restructuring of Atomic Energy of Canada Limited
Council Agenda
- 3-
JUNE 15, 2009
I - 8 Steve Fekete and Lynn Allard, Andrew and Janice Macfarlane,
Megan Labron, Linda O'Brien, David Hannah, Brian Early, Cheryl
Perrault, W. Gorete, Brenda Coward, Donna Zadow, Suzzette
Hibbard, Tina Greer, Ronald W. Allen, Rinske Wagenaar, H. Tate,
Grace Peacock, Shank-Davey Family, Teri, Brian, and Brienne
McKenzie & Peter Furfaro, Patricia Brazeau and Family, Raymond
and Diane Richer, Ren and Carolyn Wallbank, Gloria Stock, Bert
Kortekaas, Lori Allin, Cliff Kerr, Susan Bateman and Family, Nadia
McLean-Gagnon, Norbert Lisinski, Aimee Nelson, Ed Stec, Kathi
Bracken, Joan Kellett, Chris Walker, Willis and Marilyn Barraball -
Opposition to the proposed "Energy-From-Waste" Facility
I - 9 David and Dorothy Hartford - Support of the proposed "Energy-From-
Waste" Facility
I - 10 Diane Lloyd, Chairperson of the Board, Kawartha Pine Ridge District
School Board - Vehicular Access to the Clarke High School and The
Pines Senior Public School
I - 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA) - 2009 Budget
1- 12 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA) - "2008 50th Anniversary Year In
Review"
1-13 Jamie Kirkpatrick, Campaigner, Toronto Environmental Alliance
(TEA) - "Dig Conservation, Not Holes: A Report on the GTA's Thirst
for Gravel and How to Quench it"
1- 14 J. Greg Ashbee, Manager, Infrastructure Expansion Planning,
Metrolinx - Notification of Public Open House, Expansion of GO
Transit Rail Service from Oshawa to Bowmanville
I - 15 Julie Buczkowski, M & M Meat Shops - Letter of Appreciation _
M & M Meat Shops Charity BBQ Day
I - 16 Pamela Musgrave, Regional Manager, Ontario and Nunavut,
Muscular Dystrophy Canada - Letter of Appreciation to Clarington
Professional Fire Fighter's Association
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1- 17
John R. O'Toole, MPP Durham - Indigent Funerals
I - 18 Tony Doyle, Communications and Marketing, University of Ontario
Institute of Technology (UOIT) - Federal-Provincial Investment at
UOIT
1- 19
Dr. Tony Stone - Loss of Acute Care Services at Lakeridge Health
Bowmanville
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Council Agenda
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JUNE 15, 2009
I - 20 Kim Gavine, Executive Director, Oak Ridges Moraine Foundation
(ORMF) - Closure of Foundation
Receive for Direction
D - 1 Alexander Filip Josic, Despina Chymeftos, Harold Parnham (84 year-
old Veteran), H. Nitschke, Trevor Hutchinson, Andrew A. Horton
Danna Levinson - Opposition to the proposed demolition of Camp 30
D - 2 Brian Goldig, Manager, Physician Advisory Service, The College of
Physicians and Surgeons of Ontario - The Council Award Honouring
Outstanding Ontario Physicians
D - 3 Helen Bajorek MacDonald - Resignation from the Green Community
Advisory Committee
D - 4 Angie Darlison, Executive Director and Peter Evans, President,
Clarington Older Adult Association - Heritage Designation for Beech
Avenue
D - 5 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage
Trust - 2009 Recognition Programs
D - 6 Joy Russell - Closure of Community-Built Hospital
D - 7 Debi A. Wilcox, City Clerk, City of Pickering - Harmonized Sales Tax
D - 8 Lynn McCullough, Legal Director, GENMO Salaried Pension
Organization - Support of GM's restructuring plan
D - 9 Kerry Costello, Town Clerk, Town of Smiths Falls - Support of Public
Libraries
D - 10 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont-
Simultaneous Dispatch for EMS and Fire Rescue
D - 11 Carolyn J. Kett, Town Clerk, Town of Fort Erie - Amendment to the
Ombudsman Act to Include Hospitals
D - 12 Christine Groulx, Clerk, Town of Hawkesbury - Economic Climate
Regarding Investment and Jobs
D - 13 R. Brad Loosley, Acting Deputy City Clerk, City of Sarnia-
Implementation of Accessibility Standards
D - 14 Robert Simpson, Chairperson, Wallaceburg Disaster Relief
Committee - Contribution to Wallaceburg Relief Fund
Council Agenda
-5-
JUNE 15,2009
D - 15 Randy Cowan, Director and Member, Management Committee,
Orono Fair - Request for Designation of Orono Fair as Community
Event
D - 16 R. A. (Bob) Fowler, Secretary, Ontario Property and Environmental
Rights Alliance - Habitat Regulations Emerging from the
Endangered Species Act (ESA) 2007
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of June 15, 2009
STAFF REPORT(S)
1. PSD-056-09 - Reasons For Decision of The Joint Board under the Consolidated
Hearings Act and the Expropriations Act (Case No. 04-164) respecting the
Proposed Expropriation of Certain Lands Owned by The Port Darlington Harbour
Company
BUSINESS ARISING FROM NOTICE OF MOTION
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Resolution #C-283-09 to receive correspondence from Peter White, President,
Society of Professional Engineers and Associates with respect to support for CANDU
reactors, be reconsidered to allow for the introduction of the following motion:
'Whereas the Provincial Government, through the Ministry of Energy and Infrastructure is
currently going through a competitive bidding process to select the vendor for a Nuclear
New Build located in the Municipality of Clarington,
Whereas AECL has proven that Canadian innovative design and technology in nuclear
reactor has proven competitive in world markets,
Whereas the New Build project is Canada's largest upcoming mega-infrastructure project
that would create unprecedented economic spinoff for the Ontario, Durham and Clarington
economy,
Whereas AECL, as one of the three competitive bidders, is well positioned to undertake the
New Build project with 100 plus high-tech supply chain manufacturers located in Ontario,
and ready to create significant employment opportunities, and
Whereas our skiiled work force and engineers are primarily trained on CANDU technology
through universities such as UOIT and McMaster,
Council Agenda
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JUNE 15, 2009
THEREFORE BE IT RESOLVED THAT THE Council of the Municipality of Clarington
calls upon the Honorable George Smitherman, Deputy Premier and Minister of Energy
and Infrastructure to give priority in the procurement process for the next generation of
nuclear power technology by AECL which has demonstrated substantial commitment
and investment in Ontario nuclear technology, strategic partnership and alliance with
Ontario nuclear supply chain companies, and is best positioned to provide sustainable
and long term employment opportunities associated with the Nuclear New Build project
at Clarington." .
UNFINISHED BUSINESS
1. Tabled Motion from Closed Council Meeting of September 24, 2007
regarding Expropriation of Certain Lands Owned by the Port Darlington
Harbour Commission (To be distributed under separate cover)
BY-LAWS
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
Council Meeting Minutes
JUNE 1, 2009
Minutes of a regular meeting of Council held on June 1,2009, at 7:05 p.m., in the
Council Chambers.
Councillor Robinson led the meeting in prayer.
ROLL CALL
Present Were:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Acting Chief Administrative Officer/Director of Corporate Services
and Human Resources, M. Marano
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Manager of Communications and Tourism, J. Cooke, attended
until 7:44 p.m.
Director of Planning Services, D. Crome
Director of FinancelTreasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Deputy Clerk, A. Greentree
DISCLOSURES OF PECUNIARY INTEREST
Councillor Novak indicated that she would be stating a pecuniary interest with respect
to Item 8 of Report #1.
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to Correspondence Item D - 23.
Later in the meeting, Councillor Robinson and Councillor Trim stated pecuniary
interests with respect to the advertisement placed in the local media by Don Prout,
brought forward under the Other Information Section of the Agenda.
Council Meeting Minutes
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June 1, 2009
ANNOUNCEMENTS
Mayor Abernethy expressed concern with the contents of an advertisement that
appeared in the local media which he feels borders on libel against individual
Members of Council. Mayor Abernethy issued a reminder that decisions made by
Council are made collectively and that he intends to request that the advertisement be
referred to the Municipal Solicitor under the Other Information Section of the Agenda.
Councillor Hooper expressed appreciation to Council, staff and residents of Clarington
for the outpouring of sympathy and support extended to his family for the recent loss
of his father, Arthur Hooper.
Councillor Hooper also announced the following:
. He attended the Durham Region Employment Network 2009 EmployABILITY
Awards Gala on May 25,2009. Bowmanville GoodLife Fitness was honoured
with an Accessibility Award for removing barriers within their facility and taking
measures to provide exceptional service to members with disabilities, and
Terri Gray was presented with an Innovation Award for "Dewey's Cafe" located
in the Bowmanville Public Library, an innovative program that offers individuals
with intellectual disabilities an opportunity to gain employment skills.
Councillor Woo announced the following:
. On Saturday, May 30,2009, he participated in the Bowmanville Canadian Tire
Jumpstart Day, a community-based charitable program that helps kids in
financial need participate in organized sport and recreation. Darlington Fusion
Girls Under 12 Soccer Team is hoping to go to the Gothia Cup in Sweden in
2010. Councillor Woo helped raise funds by volunteering in the dunk tank.
. On Saturday, May 30, 2009, he also attended the 10th Annual Fruit and Wine
Festival at Archibald Orchard Estate Winery, benefiting the Big Brothers and
Big Sisters of Clarington. The event was very well attended and Councillor
Woo extended congratulations to owners Sandy and Fred Archibald.
Councillor Foster announced the following:
. On Sunday, May 31,2009, the 3rd Annual Purina Walk for Guide Dogs,
sponsored by the Courtice Lions Club, was held in Courtice.
. On Saturday, May 30,2009, he helped plant seedlings at Long Sault
Conservation Area as part of CLOCA's initiative to improve the trail network.
Mayor Abernethy announced the following:
. On June 6, 2009, Big Brothers and Big Sisters of Clarington will hold a fishing
derby. Mayor Abernethy encouraged anyone who is interested in volunteering
with the Organization to attend the event and socialize with the Big and Little
Brothers and Sisters.
Council Meeting Minutes
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June 1, 2009
. Sales of Lakeridge Health Bowmanville memberships have been very
successful.
Councillor Woo confirmed that Clarington residents have purchased 1409
memberships, resulting in Clarington residents controlling 33% of Lakeridge Health
Organization memberships. He advised of the importance of attending the annual
general meeting, noting each member has a vote and indicated that the $10
membership fees collected, totalling over $14,000, are returned to our local hospital.
MINUTES
Resolution #C-311-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on May 11,2009, and the
minutes of a special meeting of Council held on May 15, 2009, be approved.
"CARRIED"
PRESENTATIONS
Scott Lewis, Communications Manager, and Lois Jeffery, Canada Post Corporation,
addressed Council concerning Correspondence Item I - 4 - Safety Assessment of
Rural Mail Delivery Routes. Mr. Lewis stated Canada Post is in the process of
assessing all rural mailboxes in Canada, on a priority basis, as directed by the Federal
government in 2006, in response to workplace safety complaints. He noted Canada
Post has engaged the services of traffic safety consultants and legal experts to
develop a Traffic Safety Assessment Tool (TSAT) to determine the safety of each
rural mailbox. The TSAT is used to apply a number of factors including legal
restrictions and traffic criteria. Mr. Lewis noted customers have been informed of the
review throughout the process via postcards, letters and face-to-face meetings prior to
an assessment. He noted if a mailbox does not meet the safety criteria, Canada Post
makes every effort to personally meet with customers to discuss options such as
moving the mailbox to a safer location, the possibility of clustering with a nearby
neighbour's box, or taking advantage of a free post office box or centralized
community mailbox. Mr. Lewis noted hardship cases are reviewed on a case-by-case
basis. Mr. Lewis confirmed that changes to rural mail delivery are not being made as
a cost-cutting measure and that Canada Post's goal is to maintain delivery to as many
rural mailboxes as possible. He also confirmed that Canada Post has no intention of
reducing service to rural customers, and will only modify delivery modes as a last
resort.
Council Meeting Minutes
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June 1, 2009
Mayor Abernethy presented Certificates of Achievement and extended congratulations
to members of the Clarington Flames AA Girls Hockey Team, ten and eleven year old
girls, winners of the Ontario Women's Provincial Championship, and to their families,
coaches, managers and trainers. The following girls were in attendance to receive
their awards: Brooklyn Bastarache, Julianne Cochrane, Olivia DiVona, Rachel
Gibson, MacKenzie Haley, Alexandra Maw, Courtney McGee, Rachel McQuigge,
Leah Michel, Sarah Osborne, Megan Pardy, Charlea Pedersen, Emma Pye, Brooklyn
Sarnovsky, Allison Small and Alexandra Woods. Julianne Tougas was not in
attendance this evening. Mayor Abernethy also presented Certificates to Jeff Haley,
Head Coach, Noel Pardy, Assistant Coach, Dave Osborne, Assistant Coach, Dave
Cochrane, Manager, Tammey Pedersen, Trainer, and Krista Small, Assistant Trainer.
Richard Walli, Chair, Energy-From-Waste Site Liaison Committee, provided an update
to Council on the EFW Site Liaison Committee Meetings of May 6,2009 and May 20,
2009. Mr. Walli indicated that on May 6th the Committee adopted two motions
requesting that another open meeting be held in West Durham and that the review
period for comment be extended from a thirty-day timeframe to a ninety-day
timeframe. On May 20,2009, the Committee received the following reports for
information: Draft Economic Assessment, Technical Study Report, Draft Acoustic
Assessment, Technical Study Report, Draft Facility Energy and Life Cycle
Assessment, Draft Social/Cultural Assessment, Technical Study Report, Draft Surface
Water and Groundwater Assessment, Technical Study Report, Draft Traffic
Assessment, Technical Study Report, and Draft Visual Assessment, Technical Study
Report. The Committee also adopted a motion to suggest that the Joint Waste
Management Group allow adequate time for peer review and submission to the
Ministry of the Environment for the Site Specific Human Health and Ecological Risk
Assessment and Air Quality Assessment. Mr. Walli commented that members of the
public in attendance seldom ask questions regarding the reports presented but raise
questions regarding procedures and timing of reports and scheduled meetings and
noted it appears to be the same people attending the meetings. He advised of an
incident at the last meeting whereby his qualifications to answer technical questions
were challenged. Mr. Walli confirmed and highlighted his qualifications.
Councillor Novak thanked Mr. Walli for his volunteer service and apologized to him for
the public rudeness.
In response to a question, Mr. Walli confirmed the intention is to build a 140,000 ton
per year facility and that to extend it to a 250,000 - 400,000 ton facility would require a
separate Environmental Assessment. He also advised that if and when the permits
are issued, regulations on emission limits would have to meet the more restrictive
limits coming forward from the Province.
Council Meeting Minutes
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June 1, 2009
DELEGATIONS
Linda Gasser addressed Council regarding the Presentation of Richard Walli, Chair,
Energy-From-Waste Site Liaison Committee (SLC). Ms. Gasser stated the Site
Liaison Committee was struck very late in the process and she feels that few
Committee members appear to be fully engaged in the Environmental Assessment
study or have an understanding of the EA process or Durham's timelines and that the
Committee appears to have received little in the way of guidance from staff. She
advised the only benefit she has found in attending SLC meetings is the opportunity to
ask limited questions directly to the consultants. Ms. Gasser expressed concern that
very few recommendations were presented to the Joint Waste Management Group
(JWMG) before limiting decisions were made and that the SLC was requested to
schedule a meeting in advance of the June 16th Committee of the Whole meeting, but
to her knowledge, this meeting has not be set. On May 20th the SLC recommended to
the JWMG that the process be slowed down so that stakeholders could conduct their
due diligence. The JWMG subsequently received this recommendation for
information. Ms. Gasser urged Clarington Council to formally request that the Region
of Durham review and revise the Environmental Assessment timelines to allow time
for the Municipality to conduct its due diligence with due care. Ms. Gasser stated the
release of complex, detailed documents, most on Friday, June 1 ih in advance of the
June 16th meeting will not provide sufficient time for staff to review and brief Regional
Councillors on the issue. Ms. Gasser highlighted the timing of peer review comments
on various studies and stated the compressed timelines will hinder staff from providing
comments to Council through a staff report so that the public and Council can review
and comment prior to the formal submission to the Project Team. Ms. Gasser
requested that Council direct staff to make all peer review comments available to the
public as they are released to the Project Team, so that Council and the public can
benefit from the analysis conducted by professional reviewers in advance of June 16th.
In response to a question, Ms. Gasser stated a special council meeting to discuss the
Peer Review comments would be helpful, if it could be set prior to June 16th.
COMMUNICATIONS
Correspondence Item I - 27 was received as a handout.
Resolution #C-312-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information, including Handout
Item I - 27 be approved, with the exception of Items I - 5, I - 15, 1- 17, 1 - 20, 1 - 21,
and I - 25.
"CARRIED"
Council Meeting Minutes
- 6 -
June 1, 2009
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.
I - 3 Minutes of the Clarington Traffic Management Advisory Committee
dated April 16, 2009.
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 - 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
Council Meeting Minutes
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June 1, 2009
1-7 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.
1-8 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.
Council Meeting Minutes
- 8 -
June 1, 2009
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.
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 ih
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.
Council Meeting Minutes
- 9 -
June 1, 2009
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 - 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 - 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."
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
Clarington, 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."
Council Meeting Minutes
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June 1, 2009
1-22 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 Enerqy 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#01 0-6017) and subsequent submission
on Bill 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;
Council Meeting Minutes
- 11 -
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."
Council Meeting Minutes
- 12 -
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."
I - 27 Tanya Laverty, Works Communications Officer, Region of Durham,
announcing the release of the first draft of the full DurhamlYork
Residual Waste Study Environmental Assessment on May 26, 2009,
outlining the steps completed throughout the DurhamlYork Residual
Waste Study and advising that comments on the draft documentation
may be submitted to the project team at info@durhamyorkwaste.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.
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@amo.on.ca.
Council Meeting Minutes
- 13 -
June 1, 2009
Resolution #C-313-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item I - 5 from the Association of Municipalities of
Ontario (AMO), with respect to the establishment of an Economic Development
Task Force, be received for information.
"CARRIED"
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.
Resolution #C-314-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT representatives from the Nuclear Waste Management Organization
(NWMO) be invited to make a presentation to Council on the proposed process
for selecting a site to host Canada's long-term management facilities for used
nuclear fuel.
"CARRIED"
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 Enerqy 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.
Council Meeting Minutes
- 14 -
June 1, 2009
Resolution #C-315-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 17 from the Association of Municipalities of
Ontario (AMO), with respect to the Green Enerqy Act regulation, be received for
information.
"CARRIED"
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.qc.ca/caf
Resolution #C-316-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item I - 20 from the Association of Municipalities of
Ontario (AMO), with respect to the Community Adjustment Fund for Ontario, be
referred to staff to identify other organizations that could potentially qualify for
government funding.
"CARRIED"
Council Meeting Minutes
- 15 -
June 1, 2009
1-21 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.
Resolution #C-317 -09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item 1-21 from the Association of Municipalities of
Ontario (AMO), with respect to OADA standards, be referred to the Clarington
Accessibility Advisory Committee.
"CARRIED"
1-25 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;
Council Meeting Minutes
- 16 -
June 1, 2009
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 GT A Agricultural Action Committee, and the area
municipalities."
Resolution #C-318-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item I - 25 from the Region of Durham, with respect to
the Durham Agricultural Advisory Committee resolution on battery caged egg
production, be referred to the Clarington Agricultural Advisory Committee.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 24, D - 25 and D - 26 were received as handouts.
Resolution #C-319-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 10 be approved as per the agenda, with the
exception of Items D - 3 and D - 9.
"CARRIED"
Council Meeting Minutes
- 17 -
June 1, 2009
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.
(Correspondence referred 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.
(Correspondence referred to the
Municipal Clerk to place a notice in
the local newspapers)
D - 4 Paul Siemon, 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.
(Approved 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.
(Proclaimed)
Council Meeting Minutes
- 18 -
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.
D-7
D-8
D - 10
(Correspondence referred to the
Director of Engineering Services)
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.
(Approved provided the organizers
apply for and obtain a road
occupancy permit from the
Engineering Services Department)
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
carryon 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.
(Correspondence referred to the
Director of Corporate Services and
Human Resources)
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 (RINC
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.
(Correspondence referred to the
Director of Community Services)
Council Meeting Minutes
- 19 -
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.
Resolution #C-320-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Richard Abboud, President and CEO, Forum Equity Partners Inc. and
Frank Carnevale, CEO, Bridgepoint Group, be invited to make a presentation
to Council on Private Public Partnerships (P3) Solutions in the fall, 2009.
"CARRIED"
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, a three-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.
Resolution #C-321-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D - 9 from the Association of Municipalities of
Ontario (AMO), with respect to the "Count Me In!" Community Energy
Conservation Challenge, be referred to the Chief Administrative Officer.
"CARRIED"
Council Meeting Minutes
D - 11
D - 12
- 20-
June 1, 2009
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.1. 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.
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):
"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-
timeNolunteer 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;
Council Meeting Minutes
- 21 -
June 1, 2009
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;
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 Horwath, Ontario Municipalities, the Association of Ontario
Municipalities (AMO) the Firefighters Association of Ontario (FFAO)
and the Ontario Association of Fire Chiefs (OACF)."
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;
Council Meeting Minutes
- 22-
June 1, 2009
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 ofWoolwich
strongly urges that the Provincial Government take immediate action
to extend the legislation to include Volunteer and Part-Time
Firefighters;
AND FURTHER BE IT RESOLVED that the Township ofWoolwich
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."
Resolution #C-322-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT Correspondence Item D - 11 from the Town of Ingersoll,
Correspondence Item D - 12 from Township of Centre Wellington, and
Correspondence Item D - 13 from the Township of Woolwich, with respect to
Bill 221, Workplace Safety and Insurance Amendment Act 2007 (Presumptions
for Firefighters), be received for information.
"CARRIED"
D - 14
Jennifer Haley, Chair, Homegrown Ontario Steering Committee,
advising Homegrown Ontario TM, 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 Ontario TM:
"WHEREAS the Municipality of Clarington supports practices that
contribute to the creation of a sustainable environment;
Council Meeting Minutes
- 23-
June 1, 2009
AND WHEREAS Homegrown Ontario™ 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.
Resolution #C-323-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from Homegrown Ontario TM, with respect to the
procurement practice of purchasing meat and poultry products produced by
Ontario farmers, be referred to the Clarington Agricultural Advisory Committee.
"CARRIED"
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-Counci 1-07."
Resolution #C-324-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the resolution from the Township of Brock, with respect to deadstock
removal subsidy, be referred to the Clarington Agricultural Advisory Committee.
"CARRIED"
Council Meeting Minutes
- 24-
June 1, 2009
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
(" Cappi ng"):
"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 CV A property taxation amount and the clawback
percentage be adjusted accordingly.
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).
Council Meeting Minutes
- 25-
June 1, 2009
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."
Resolution #C-325-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the resolution from the Region of Durham, with respect to 2009 Options
for the Mandated Provincial Business Protection Program ("Capping"), be
endorsed.
"CARRIED"
Council Meeting Minutes
- 26-
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."
Resolution #C-326-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the resolution from the Town of Whitby, with respect to the Initial
Proposed Employment Accessibility Standard, be referred to the Clarington
Accessibility Advisory Committee.
"CARRIED"
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.
Council Meeting Minutes
- 27-
June 1, 2009
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.
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 "13th
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.
Council Meeting Minutes
- 28-
June 1, 2009
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.
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 a science-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.
Council Meeting Minutes
- 29-
June 1, 2009
Resolution #C-327 -09
Moved by Councillor Trim, seconded by Councillor Woo
THAT the resolution from the Town of Ajax, with respect to the Province's
"Healthy Great Lakes, Strong Ontario" Discussion Paper, be endorsed.
"MOTION LOST"
Resolution #C-328-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item D - 18 from the Town of Ajax, with respect to
comments on the Province's "Healthy Great Lakes, Strong Ontario" discussion
paper, be received and forwarded to the Ganaraska Region Conservation
Authority.
"CARRIED"
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:
"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
Council Meeting Minutes
- 30-
June 1, 2009
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;
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;
Council Meeting Minutes
- 31 -
June 1, 2009
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
THAT the Ontario Ombudsman and Auditor General be so notified of
this action as well as all other appropriate persons."
Resolution #C-329-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the resolution from the Town of Fort Erie, with respect to the Rural and
Northern Health Care Blue Ribbon Panel, be endorsed.
"MOTION LOST"
Resolution #C-330-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item D - 19 from the Town of Fort Erie, with respect to
the Rural and Northern Health Care Blue Ribbon Panel, be received for
information.
"CARRIED"
Council Meeting Minutes
- 32-
June 1, 2009
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 a five-year term commencing in 2010.
Resolution #C-331-09
Moved by Councillor Robinson, seconded by Councillor Trim
WHEREAS the Kendal Community Centre along with the assistance of the
Kendal Lions Club have obtained an Ontario Trillium Foundation grant of
$75,000 to construct a kitchen in its facility and have fundraised to pay for the
equipment for its new kitchen;
AND WHEREAS the Kendal Community Centre wishes to improve the rental
revenues of its facility by undertaking the finishing touches of interior painting
and overall appearance of its new kitchen;
AND WHEREAS the Council is supportive of this initiative to be undertaken
under the oversight of the Director of Operations;
NOW THEREFORE BE IT RESOLVED that the Kendal Community Centre be
provided an interest free loan to a maximum of $7,000 to be repaid over three
years in the amounts of $2,400, $2,400 and $2,200, by May 31, 2012 to fund
these works to be financed from the General Capital Reserve.
"CARRIED"
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;
Council Meeting Minutes
- 33-
June 1, 2009
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 NAFT A and
The General Procurement Agreement of the world Trade
Organization do not nullify such provisions at those levels;
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;
Council Meeting Minutes
- 34-
June 1, 2009
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).
Resolution #C-332-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item D - 21 from the Greater Toronto Area Countryside
Mayors Alliance (GTACMA), with respect to fair trade between Canada and the
United States, be received for information.
"CARRIED"
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 Planninq 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 Planninq 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;
Council Meeting Minutes
- 35-
June 1, 2009
THEREFORE BE IT RESOLVED THAT, due to the failure of the
Ontario Municipal Board to give proper consideration to the
amendments to the Planninq 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."
Resolution #C-333-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution from the City of Ottawa, with respect to leave to appeal an
Ontario Municipal Board decision, be endorsed.
"CARRIED"
Mayor Abernethy stated a pecuniary interest with respect to Correspondence
Item D - 23 as two of the persons named in the correspondence worked on his
2006 municipal election campaign. Mayor Abernethy vacated the Chair and
refrained from discussion and voting on this matter.
Deputy Mayor Trim chaired this portion of the meeting.
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.
Council Meeting Minutes
- 36-
June 1, 2009
Resolution #C-334-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Correspondence Item D - 23 from Eric K. Gillespie, Barrister and
Solicitor, with respect to the compliance audit of the 2006 Municipal Election
Campaign finances of John Mutton, be referred to the Municipal Clerk.
"MOTION CARRIED" ON THE
FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster ...;
Councillor Hooper ...;
Councillor Novak ...;
Councillor Robinson ...;
Councillor Woo ...;
Councillor Trim ...;
Mayor Abernethy ...;
Mayor Abernethy resumed the Chair.
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.
Resolution #C-335-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT Correspondence Item D - 24 from Libby Racansky, with respect to the
closure of Nash Road, be received for information.
D - 25
"CARRIED"
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.
Council Meeting Minutes
- 37-
June 1, 2009
Resolution #C-336-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Pierre Tremblay, Rev. Dr. Dorcas Gordon, William Humber,
Deborah Patrick, Valentine Lovekin, and Paul Halliday, be appointed to the
Task Force on Attracting Higher Education Facilities.
"CARRIED"
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.
Resolution #C-337 -09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the request from Gord Krieger, P.Eng., Project Manager, Genivar, for 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
to complete improvements on Highway 115 from 1.4km south of Boundary
Road to Victoria Road 32, be approved.
"CARRIED"
COMMITTEE REPORT(S}
Report #1 - General Purpose and Administration Committee Report May 25, 2009.
Resolution #C-338-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of May 25,2009, be
approved, with the exception of Items #5, #7 and #8.
"CARRIED"
Council Meeting Minutes
- 38-
June 1, 2009
Item #5
Resolution #C-339-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report P S D-051-09 be received;
THAT the draft Sign By-law contained in Attachment 6 to Report PSD-051-09 continue
to be reviewed to address any concerns raised at the public meeting;
THAT all interested parties listed in Report PSD-051-09 and any delegations be
advised of Council's decision;
THAT the Municipal Clerk be directed to arrange for and schedule a Special Meeting
of Council for the purpose of educating Members of Council on the methods of
conducting the 2010 Municipal Elections under consideration, including signage; and
THAT this Special Meeting be open to the public.
"CARRIED"
Item #7
Resolution #C-340-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Report PSD-053-09 be received;
THAT the closing date of the transaction be revised from June 30, 2009, to June 15,
2009;
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
Council Meeting Minutes
- 39-
June 1, 2009
THAT staff and the Municipality's Solicitor be authorized to take all necessary actions
to complete the transaction.
"CARRIED"
Councillor Novak stated a pecuniary interest with respect to Item 8 of Report #1 as the
subject property is in close proximity to her home. Councillor Novak refrained from
discussion and voting on this matter.
Item #8
Resolution #C-341-09
Moved by Councillor Robinson, seconded by Councillor Woo
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;
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.
"CARRIED"
STAFF REPORT(S}
Report COD-040-09 - Tender CL2009-26 - Orono Arena Roof Replacement
Resolution #C-342-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report COD-040-09 be received;
Council Meeting Minutes
- 40-
June 1, 2009
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;
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;
THAT the Mayor and Clerk be authorized to execute the necessary agreement; and
THAT staff report to Council on the results of the tender call and the contract award.
"CARRIED"
Verbal Report of the Solicitor regarding a Confidential Legal Matter respecting
Bowmanville Creek Developments Inc. Ontario Municipal Board Appeal.
Mayor Abernethy advised this matter will not be dealt with this evening as the
Solicitor is not in attendance. The matter will be dealt with at the next General
Purpose and Administration Committee meeting, provided the Solicitor is in
attendance.
BUSINESS ARISING FROM NOTICE OF MOTION
There was no business arising from Notice of Motion considered under this
section of the Agenda.
UNFINISHED BUSINESS
Delegation - Richard Ward - Regarding Recent Property Standards Order -
Tabled at General Purpose and Administration Committee Meeting, May 25,2009
Resolution #C-343-09
Moved by Councillor Trim, seconded by Councillor Foster
THAT Resolution #GPA-384-09 and amending resolution #GPA-385-09 be lifted from
the table.
"CARRIED"
Council Meeting Minutes
- 41 -
June 1, 2009
Resolution #C-344-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT Resolution #GPA-384-09 and amending resolution #GPA-385-09 be referred to
the Municipal Solicitor for a legal opinion and a report back to Council.
"CARRIED"
BY-LAWS
Resolution #C-345-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-063 to 2009-076 inclusive;
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)
2009-064 Being a By-law to adopt Amendment No. 67 to the Clarington
Official Plan (1559306 Ontario Ltd.)
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
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
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 10M-775, Part Lot 18, Concession 7,
former Township of Darlington, 97 Potters Lane, Enniskillen
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)
Council Meeting Minutes
- 42-
June 1, 2009
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.
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
2009-071 Being a by-law to amend By-law 2007-038 to appoint Members to
the Samuel Wilmot Nature Area (Candy Davis-Storks)
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
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
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
2009-075 Being a by-law to appoint a Municipal Law Enforcement Officer
(Angela Mitchell)
2009-076 Being a by-law to appoint a Municipal Law Enforcement Officer
(Sarah Alton)
THAT the said by-laws be now read a first, second and third time and finally approved.
"CARRIED"
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
Councillor Robinson and Councillor Trim stated pecuniary interests with respect to the
advertisement in the local media regarding the compliance audit of John Mutton's
2006 Municipal Election campaign finances, and did not take part in discussion or
voting on this matter.
Council Meeting Minutes
- 43-
June 1, 2009
Resolution #C-346-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the advertisement placed in the local media, by Don Prout regarding the
compliance audit of John Mutton's 2006 Municipal Election campaign finances be
referred to the Municipal Solicitor for comment.
"CARRIED"
Resolution #C-347 -09
Moved by Councillor Novak, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to allow for the introduction of a new item
of business at this time.
"CARRIED"
Resolution #C-348-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Council approve funding of up to $3,800 for the purchase of sixty Shop, Dine
and Discover banners, to be hung in the Historic Downtown Bowmanville Business
Improvement Area, prior to July 1, 2009.
"CARRIED"
Councillor Robinson advised Concession roads in the municipality are in poor repair
and he hopes that road maintenance will be a top priority in the budget process.
Deputy Mayor Trim Chaired the remainder of the meeting.
Resolution #C-349-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the presentation of Scott Lewis and Lois Jeffery, Canada Post Corporation, be
received with thanks.
"CARRIED"
Council Meeting Minutes
- 44-
June 1, 2009
Resolution #C-350-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the presentation of Richard Walli, Chair, Site Liaison Committee, be received
with appreciation.
"CARRIED"
Resolution #C-351-09
Moved by Councillor Hooper, seconded by Mayor Abernethy
THAT the delegation of Linda Gasser, be received with thanks; and
THAT all peer review comments pertaining to the proposed Energy-From-Waste
studies be made available to the public as they become available.
"CARRIED"
Mayor Abernethy, Councillors Novak, Robinson and Trim stated pecuniary interests
earlier in the meeting and refrained from voting on the Confirming By-law.
CONFIRMING BY-LAW
Resolution #C-352-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-077, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 1 st day of June, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
Council Meeting Minutes
ADJOURNMENT
Resolution #C-353-09
Moved by Councillor Robinson, seconded by Mayor Abernethy
THAT the meeting adjourn at 9:32 p.m.
- 45-
June 1, 2009
"CARRIED"
MAYOR
MUNICIPAL CLERK
DRAFT LIST OF DELEGATIONS
June 15, 2009
a) Dr. Fuller - Loss of Acute Care Services at Lakeridge Health
Bowmanville (Correspondence Item 1-19)
b) Dr. Irish - Loss of Acute Care Services at Lakeridge Health
Bowmanville (Correspondence Item 1-19)
c) Dr. Lottering - Loss of Acute Care Services at Lakeridge Health
Bowmanville (Correspondence Item 1-19)
d) Dr. Osborne - Loss of Acute Care Services at Lakeridge Health
Bowmanville (Correspondence Item 1-19)
e) Dr. Stone - Loss of Acute Care Services at Lakeridge Health
Bowmanville (Correspondence Item 1-19)
f) Representative, EMS - Loss of Acute Care Services at Lakeridge
Health Bowmanville (Correspondence Item 1-19)
g) Dr. Ted Bounsall or Gary Cole - Report PSD-056-09 - Reasons For
Decision of The Joint Board under the Consolidated Hearings Act and
the Expropriations Act (Case No. 04-164) respecting the Proposed
Expropriation of Certain Lands Owned by The Port Darlington
Harbour Company (Staff Report #1 )
h) Belinda Helmer - Report PSD-056-09 - Reasons For Decision of The
Joint Board under the Consolidated Hearings Act and the
Expropriations Act (Case No. 04-164) respecting the Proposed
Expropriation of Certain Lands Owned by The Port Darlington
Harbour Company (Staff Report #1 )
SUMMARY OF CORRESPONDENCE
JUNE 15,2009
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Animal Advisory Committee dated March 11, 2009.
(Copy attached)
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated
April 9, 2009. (Copy attached)
I - 3 Minutes of the Tyrone Community Centre Hall Board dated April 15,
2009. (Copy attached)
I - 4 Minutes of the Central Lake Ontario Conservation Authority dated
May 20, 2009. (Copy attached)
1-5 Minutes of the Energy-From-Waste Site Liaison Committee dated
May 6, 2009. (Copy attached)
I - 6 Minutes of the Clarington Heritage Committee dated May 19, 2009.
(Copy attached)
1-7
The Honourable Lisa Raitt, Minister of Natural Resources, advising of
the restructuring of Atomic Energy of Canada Limited (AECL)
following a comprehensive review initiated in 2007 and concluding
that restructuring is necessary to position AECL, its workers and the
Canadian nuclear industry to retain skilled jobs in designing, building
and servicing new power plants in Canada and abroad; indicating that
no decision has been made at this time as to the specific form the
restructuring will take; and, emphasizing that the Government places
top priority on health, safety and the environment in relation to all
nuclear activities in Canada and that regardless of AECL's structure,
Canada's nuclear regulator, the Canadian Nuclear Safety
Commission, will continue to oversee the entire nuclear industry in
Canada.
,:
Ii
I - 8 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 hold a referendum; and, urging Council to
support more environmentally sustainable and fiscally responsible
alternatives:
Summary of Correspondence
- 2 -
JUNE 15,2009
a) Steve Fekete and Lynn Allard
b) Andrew and Janice Macfarlane
c) Megan Labron
d) Linda O'Brien
e) David Hannah
f) Brian Early
g) Cheryl Perrault
h) W. Gorete
i) Brenda Coward
j) Donna Zadow
k) Suzzette Hibbard
I) Tina Greer
m) Ronald W. Allen
n) Rinske Wagenaar
0) H. Tate
p) Grace Peacock
q) Shank-Davey Family
r) Teri, Brian, and Brienne McKenzie & Peter Furfaro
s) Patricia Brazeau and Family
t) Raymond and Diane Richer
u) Ren and Carolyn Wallbank
v) Gloria Stock
w) Bert Kortekaas
x) Lori Allin
y) Cliff Kerr
z) Susan Bateman and Family
aa) Nadia McLean-Gagnon
bb) Norbert Lisinski
cc) Aimee Nelson
dd) Ed Stec
ee) Kathi Bracken
ff) Joan Kellett
gg) Chris Walker
hh) Willis and Marilyn Barraball
I - 9 Correspondence has been received from the following
individuals/groups in support of the proposed "Energy-From-Waste"
Facility:
a) David and Dorothy Hartford
Summary of Correspondence
- 3 -
JUNE 15, 2009
I - 10 Diane Lloyd, Chairperson of the Board, Kawartha Pine Ridge District
School Board, writing to John O'Toole, MPP, Durham, responding to
his correspondence regarding vehicular access to the Clarke High
School and The Pines Senior Public School; indicating that the issue
has been reviewed by the Board in the past and concluding that to
construct an alternative vehicular access will be well over
$1,250,000.00 not including the possible purchase of land; that in
addition to the high cost, adjacent landowners may not be prepared to
consider a road through their lands and an environmental assessment
for any new road may also be required; and, that the Board remains
committed to protecting secondary school designations in the
Newcastle Urban area as a result of growth expected along the
Highway 2 corridor and in the Newcastle urban area.
I - 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA), forwarding CLOCA's 2009 budget
as approved by the Board of Directors on May 20, 2009.
1-12 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA), forwarding copies of CLOCA's
"2008 50th Anniversary Year In Review" publication, celebrating 50
years of protecting local watersheds.
I - 13 Jamie Kirkpatrick, Campaigner, Toronto Environmental Alliance
(TEA), encouraging the Municipality to ensure that any new request
for proposals (RFP's) that include the use of aggregate require the
successful bidder to demonstrate that they will use the highest level of
recycled content allowable under provincial standards; forwarding a
copy ofTEA's report "Dig Conservation, Not Holes: A Report on the
GT A's Thirst for Gravel and How to Quench it" for review; and
requesting that Council encourage the 3Rs (Reduce, Reuse and
Recycle) to lessen the collective demand for "virgin" aggregate.
1-14 J. Greg Ashbee, Manager, Infrastructure Expansion Planning,
Metrolinx, advising of three scheduled Public Open Houses on the
Feasibility Study for the extension of GO Transit's Lakeshore East rail
line from Oshawa easterly to the Bowmanville area. Open Houses
will be held from 6:00 p.m. to 9:00 p.m. in Whitby on June 16th at
Durham College Whitby Campus, in Oshawa on June 17th at the .
Holiday Inn and in Bowmanville on June 18th at the Garnet B. Rickard
Recreation Complex. '
,I
Summary of Correspondence
- 4 -
JUNE 15, 2009
I - 15 Julie Buczkowski, M & M Meat Shops, extending appreciation to
Council for support of the 21st Anniversary of the M & M Meat Shops
Charity BBQ day on May 9, 2009, in support of Crohn's disease and
ulcerative colitis; advising that through this community-based
initiative, M & M Meat Shops has raised $1.9 million for the Crohn's
and Colitis Foundation of Canada; and, indicating that next year's
Charity BBQ day will be held on May 8, 2010.
I - 16 Pamela Musgrave, Regional Manager, Ontario and Nunavut,
Muscular Dystrophy Canada, extending appreciation to the Clarington
Professional Firefighter's Association for their efforts in raising
$3,821.04 for Muscular Dystrophy Canada through their fundraising
efforts in 2008-2009 and advising that fundraising efforts assist
Canadian families to purchase more than $2.6 million worth of
equipment, provide support to people affected by neuromuscular
disorders and their families and fund over $4.54 million for research.
1-17 John R. O'Toole, MPP Durham, forwarding correspondence received
in response to his letter to the Honourable Madeleine Meilleur,
Minister of Community and Social Services, regarding indigent
funerals, and advising that the Minister has suggested that the Public
Hospital Act. 1990 and the Anatomv Act. 1990 be reviewed with
respect to the municipality's responsibility for burial expenses; and,
indicating that the Province remains committed to treating people with
fairness and dignity while ensuring support is directed to those who
need it most.
1-18 Tony Doyle, Communications and Marketing, University of Ontario
Institute of Technology (UOIT), issuing a media release dated
May 29, 2009, advising of a $73-million Federal/Provincial investment
at UOIT in the Automotive Centre of Excellence, a world-class
research, design and training centre focused on the next-generation
automobile industry, and a new Energy Systems and Nuclear Science
Research Centre to house UOIT's unique-in-Canada programs,
including courses in wind, solar, hydrogen, hydraulic, nuclear and
geothermal energy. Construction work on both projects will begin by
August, 2009.
Summary of Correspondence
- 5 -
JUNE 15, 2009
1-19 Dr. Tony Stone, forwarding an Executive Summary outlining issues at
Bowmanville Hospital respecting loss of acute care services, a copy
of the Hospital-based General Internal Medicine (GIM) Proposal for
Lakeridge Health Bowmanville, a Lakeridge Health Corporation Press
Release "Plan Ensures Bowmanville ER Stays Open and Ongoing
Acute Care", and correspondence addressed to the Honourable
David Caplan, Minister of Health & Long Term Care highlighting a
chronology of events and concerns regarding the loss of acute care
services at Lakeridge Health Bowmanville and in which the physicians
of Lakeridge Health Bowmanville are requesting a meeting with
Ministry of Health officials and the Central East LHIN Executive to
discuss patient care issues and the future of the Bowmanville site.
! ;
1- 20
Kim Gavine, Executive Director, Oak Ridges Moraine Foundation
(ORMF), advising that the Foundation was not recapitalized and a
closure date for the Foundation has been set for the fall of 2010;
indicating a transition committee has been set to take the necessary
steps to fulfil the Foundation's fiduciary responsibilities and to ensure
that a wind-up is complete, professional and orderly; highlighting
significant strides and accomplishments that have been made while
recognizing that more much more work is needed to protect the
moraine; and, hoping that ways can be found to build on the
foundation to support and protect the moraine for life.
CORRESPONDENCE FOR DIRECTION
Ii
D - 1
i: .
Correspondence has been received from the following
individuals/groups in opposition to the proposed demolition of
Camp 30; forwarding suggestions on future uses; and, requesting
Council to do all that is necessary to preserve the nation's historical
heritage sites for future generations:
a) Alexander Filip Josic
b) Despina Chymeftos
c) Harold Parnham (84 year-old Veteran)
d) H. Nitschke
e) Trevor Hutchinson
f) Andrew A. Horton
g) Danna Levinson
(Motion to refer correspondence to
the Director of Planning Services)
Summary of Correspondence
- 6 -
JUNE 15, 2009
D - 2 Brian Goldig, Manager, Physician Advisory Service, The College of
Physicians and Surgeons of Ontario, forwarding information on the
selection criteria, eligibility requirements and nomination instructions
for The Council Award, an award honouring Outstanding Ontario
Physicians who have demonstrated excellence and come closest to
meeting society's vision of an 'ideal physician'; inviting nominations
for the Award; and, indicating the deadline for receipt of nominations
is August 7,2009.
(Motion to refer Correspondence to
the Municipal Clerk to place an ad in
the local newspapers)
D - 3 Helen Bajorek MacDonald tendering her resignation from the Green
Community Advisory Committee.
(Motion to receive correspondence
with regret and refer to the Municipal
Clerk)
D - 4 Angie Darlison, Executive Director and Peter Evans, President,
Clarington Older Adult Association, writing to David Crome, Director
of Planning Services, advising that on May 8, 2009, the Clarington
Older Adult Centre Board adopted the following resolution pertaining
to the Heritage Designation for Beech Avenue:
"THAT the COAA Board is not in favour of the 26 Beech Avenue
property being included in the Heritage Designation."
(Motion to refer correspondence to
the Director of Planning Services)
D - 5 The Honourable Lincoln M. Alexander, Chairman, Ontario Heritage
Trust, inviting Council to participate in the 2009 Recognition
programs, including the Heritage Community Recognition Program,
Young Heritage Leaders Program and Community Leadership
Program; forwarding brochures outlining the eligibility criteria and
nomination process; and, advising the nomination deadline is Friday,
July 17, 2009.
(Motion to refer correspondence to
the Director of Planning Services)
Summary of Correspondence
- 7 -
JUNE 15,2009
D - 6 Joy Russell advising that the people of Fort Erie, Ontario are fighting
to stop the closure of their Community Build Hospital by LHIN, LNS
and the government and are attempting to garner support of other
towns and cities in this fight; indicating the closure of their local
hospital will mean the lakefront area from Fort Erie through Wainfleet
will have no immediate medical facility; expressing concern that local
hospitals are closing and services are being transferred to mega
hospitals; and, suggesting that the following websites be viewed with
regard to their peaceful protest:
http://websrvr91va.audiovideoweb.com/va91 web25089/NTW VIG I L
09/index.HTML and
http://www.chtv.com:80/ch/chchnews/video/index.HTML.
(Motion for Direction)
D - 7 Debi A. Wilcox, City Clerk, City of Pickering, writing to the Association
of Municipalities of Ontario (AMO) advising that on May 19, 2009, the
City of Pickering adopted the following resolution pertaining to
harmonized sales tax:
'WHEREAS the economy in Canada and in the Province of Ontario is
faced with an unstable climate and high unemployment rates; and
WHEREAS peoples savings and portfolios have been drastically
affected by the world economic condition; and
WHEREAS the Provincial Government recently announced the
harmonization of the 5% GST and the 8% PST; and
i i
WHEREAS this harmonized sales tax will negatively impact all
consumers, young and old, married or single, by implementing the
proposed harmonized tax to almost all goods and services that were
previously exempt from PST; and
WHEREAS the 8% PST will be added to items such as, but not
limited to, gasoline, home heating fuel, water, hydro, used cars, real
estate commissions, home renovations, personal services,
chiropractor, massage therapy, consultants, lawyers fees,
prescriptions, registration fees and memberships for recreational
services used by seniors and children.
THEREFORE BE IT RESOLVED THAT we, the Council of the City of
Pickering, appeal to the Province of Ontario to stop the
implementation of the proposed Provincial Harmonized Sales Tax
until more public consultation and input is received; and
Summary of Correspondence
- 8 -
JUNE 15,2009
BE IT FURTHER RESOLVED THAT we, the Council of the City of
Pickering, request that AMO lobby the Province of Ontario on our
behalf, and that a copy of this resolution be sent to all municipalities in
Ontario requesting their support."
(Motion for Direction)
D - 8 Lynn McCullough, Legal Director, GENMO Salaried Pension
Organization, advising that the retired residents of Clarington will be
severely affected and impacted if General Motors goes bankrupt and
will experience reduced spending power, may be forced to depend
on government assistance and may result in selective, inadequate
medical treatment and more dependency on community services;
and, requesting that Council support the following recommendation
in support of GM's restructuring plan:
"THAT the Mayor and Members of Council support the GENMO
Salaried Pension Organization in their efforts to protect the Pension
and Benefits of Salaried Retirees and Surviving Spouses of General
Motors of Canada;
THAT the Municipality of Clarington send a letter to the MP and
MPP's representing the Clarington area advising them that they
support GENMO and their efforts to protect the Pension and Benefits
of Salaried Retirees and Surviving Spouses of General Motors of
Canada; ,
THAT the Municipality of Clarington recognizes that the Provincial
Government has permitted discrimination of every Ge'neral Motors of
Canada employee/retiree and surviving spouse by allowing the 5.1
Legislation - Too Big to Fail;
THAT government at all levels, has a political and moral
responsibility to retirees and pensioners, especially those affected by
5.1 Legislation;
THAT salaried retirees contributed a percentage of their annual
income into the Salaried Retirees Pension Fund;
THEREFORE, it is incumbent on all levels of government to support
GM's restructuring plan and ensure full funding of the General
Motors Salaried Retirees Pension Plan is a priority."
(Motion for Direction)
Summary of Correspondence
- 9 -
JUNE 15, 2009
D - 9 Kerry Costello, Town Clerk, Town of Smiths Falls, advising Council
that on May 19, 2009, the Town of Smiths Falls adopted the
following resolution pertaining to support of public libraries:
"WHEREAS public libraries have a strong role in literacy, innovation,
community and prosperity in municipalities;
AND WHEREAS the Ministry of Culture is currently updating its
policies related to supporting public libraries as they wish to ensure
that policies position public libraries for the future;
AND WHEREAS the role of learning in Ontario's future knowledge-
based economy grows, the informal learning systems of public
libraries will be even more important;
AND WHEREAS the library of the future will need to respond to a
new social, technological and economic environment;
AND WHEREAS municipalities are incurring the majority of costs
associated with delivering library programming;
AND WHEREAS those same municipalities bear the majority of the
costs to build and maintain library facilities;
AND WHEREAS the province has decreased its annual grants since
1985 from 15% of annual revenue to 4% of annual revenue which
continues to threaten the future of these engines of cultural and
economic development;
, '
"
!
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the Town of Smiths Falls petitions that the Province
increase its annual grants to 15% of library revenue;
i I
AND FURTHER THAT a copy of the motion be forwarded to the
Premier of Ontario, the Honourable Aileen Carroll, Minister of
Culture, MPP Randy Hillier, the Ontario Library Service and the
Association of Municipalities of Ontario for circulation."
(Motion for Direction)
i i
Summary of Correspondence
- 10 -
JUNE 15, 2009
D - 10 Betty de Haan, CMO, CAO/Clerk, Township of South Stormont
advising Council that the Township of South Stormont adopted a
resolution requesting simultaneous dispatch for EMS and Fire rescue
to better utilize community fire departments in emergency medical
responses and requesting endorsement by sending any resolution of
support to the Ministry of Health and Long Term Care, local
members of Provincial Parliament and the Township of South
Stormont.
(Motion for Direction)
o - 11 Carolyn J. Kett, Town Clerk, Town of Fort Erie, advising Council that
on May 25,2009, the Town of Fort Erie adopted the following
resolution pertaining to an Amendment to the Ombudsman Act to
include hospitals under the jurisdiction of the Ombudsman:
'WHEREAS the Ombudsman is the "citizen representative" and the
Office of the Ombudsman is responsible for responding to
complaints affecting government organizations save and except
hospitals, long-term care facilities and children's aid societies, and
WHEREAS the Office of the Ombudsman has been advocating since
1975 to include hospitals under the jurisdiction of the Ombudsman,
but to date, Ontario remains the only Province in Canada who's
Ombudsman has no jurisdiction over hospitals and long-term care
facilities, and
WHEREAS hospitals spend more than $20 billion in public money
every year in Ontario, and
WHEREAS whether overseeing the police, the military or the
Provincial Government, Mr. Marin has stated one ofthe beliefs that's
closest to his heart is that these bodies don't exist for their own ends.
They exist to serve the public. The public also has great
expectations of the checks and balances that exist to keep the
system functioning as it should, and
WHEREAS the historical reason for not including hospitals, under
the Ombudsman Act is extremely weak and is based on the fact they
do not fall under the definition because they have their own elected
boards, and
WHEREAS a municipal "board of directors" is directly elected by the
public and the hospital board is not, and
Summary of Correspondence
- 11 -
JUNE 15,2009
WHEREAS the Office of the Ombudsman is quoted as saying,
"Ontario is the only province in Canada whose Ombudsman does not
have a mandate to oversee hospitals. Despite this, the
Ombudsman's Office receives many serious complaints about
hospitals every year that cannot be investigated. A total of 276
complaints about hospitals were received in fiscal 2007-2008.", and
WHEREAS the time has come for the Government of Ontario to
include hospitals under the jurisdiction of the Ombudsman Act to
ensure a high level of health care, fiscal responsibility, accountability,
openness and transparency,
, '
NOW THEREFORE BE IT RESOLVED by the Municipal Council of
the Town of Fort Erie that it hereby petitions the Premier of Ontario
to take the necessary steps in a timely manner to amend the
Ombudsman Act to include hospitals under the jurisdiction of the
Ombudsman, and further
THAT: In the event the Premier responds negatively, the Municipal
Council of the Town of Fort Erie respectfully requests and expects a
full and complete explanation as to why the Province will not amend
the Act as requested,
i:
THAT: This resolution be circulated to all municipalities in the
Province of Ontario for support, and further
THAT: The appropriate persons be so notified of this action."
(Motion for Direction)
I
, ,
D - 12 Christine Groulx, Clerk, Town of Hawkesbury, advising Council that
on May 25,2009, the Town of Hawkesbury adopted the following
resolution pertaining to the economic climate regarding investment
and jobs:
,
'WHEREAS the present precarious economic climate in the province
of Ontario and throughout the country, and;
WHEREAS the closing of and/or the slowing down of industries in all
economic sectors throughout the country resulting in a massive loss
of jobs, and;
WHEREAS the impacts on local economy that represents the
uncertainty about the future, and;
, i
Summary of Correspondence
- 12 -
JUNE 15, 2009
WHEREAS investments in recent years by various levels of
government to help industries become more competitive in the
international market.
BE IT RESOLVED THAT this resolution be sent to Ontario
municipalities for the purpose of lobbying the federal and Ontario
Governments to ensure that investments made by Canadians in
industries be protected in a long term basis and be secured against
being moved outside of the country or being permanently closed
without consultation with Canadian investors."
(Motion for Direction)
D - 13 R. Brad Loosley, Acting Deputy City Clerk, City of Sarnia, writing to
the Honourable Madeleine Meilleur, Minister of Community and Social
Services, advising that on May 11, 2009, the City of Samia adopted
the following resolution pertaining to financial assistance to
municipalities for the implementation of Accessibility Standards:
"THAT Sarnia City Council request the Ministry of Community and
Social Services to provide financial assistance to municipalities for the
implementation of Accessibility Standards; and
THAT this resolution be forwarded to the Federation of Canadian
Municipalities (FCM), the Association of Municipalities of Ontario
(AMO) and all Ontario municipalities with a population over 50,000,
requesting their support."
(Motion for Direction)
D - 14 Robert Simpson, Chairperson, Wallace burg Disaster Relief
Committee, advising on February 12, 2009, an ice jam caused
localized flooding in the community of Wallaceburge and the Ministry
of Municipal Affairs and Housing declared the area a "Disaster Area"
for the purpose of the Ontario Disaster Relief Program; advising a
Disaster Relief Committee was appointed to spearhead efforts to
provide assistance to homeowners and small businesses and is
seeking financial assistance from every municipality in the Province;
and, indicating that the Province will contribute $2 for every local
dollar raised to an amount necessary to settle all claims.
(Motion for Direction)
D - 15 Randy Cowan, Director and Member, Management Committee,
Orono Fair, requesting that the Orono Fair to be held on September
10, 11, 12 and 13, 2009, be designated as a community event as
required for various permits and policing issues.
(Motion for Direction)
Summary of Correspondence
- 13 -
JUNE 15, 2009
D - 16 R. A. (Bob) Fowler, Secretary, Ontario Property and Environmental
Rights Alliance, urging affected municipalities and landowners to
submit comments by June 15, 2009, to EBR Registry No. 010-6490
regarding habitat regulations released for nine species emerging
from the Endangered Species Act (ESA) 2007, which are scheduled
to be submitted for policy approval on June 30, 2009.
(Motion for Direction)
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I - 1
ANIMAL ADVISORY COMMITTEE
Minutes of a meeting of the Animal Advisory Committee held Qn March 11, 2009
at 2:30 P.M. at the Animal Shelter.
ROLL CALL
Present:
Rhonda Johnson, Chaired
Sheila Elkington, Sr. Animal Services Officer
Councillor Ron Hooper (arrived at 3:20 p.m.)
Peter Klose
Anne Greentree, Deputy Clerk
Ellen Atkinson, Clerk II, Secretary
Dr. Helen Koseck
Absent:
Jon Stoner
Laurie Arnott
1. ADOPTION OF THE MINUTES OF NOVEMBER 12, 2008
Moved by Councillor Ron Hooper, seconded by Helen Koseck
THAT the minutes of the Animal Advisory Committee for the meeting of
November 12, 2008, be approved without comment.
CARRIED
2.
SHELTER CHANGES
I:
,
The Committee was advised of the changes scheduled for the Animal
Shelter. The current office space is neither patron nor staff friendly;
therefore, internal structure modifications will be done. This renovation is
scheduled to start mid summer 2009. The inside dog runs will be
converted to accommodate group housing area for cats. Anne informed
the Committee that staff members visited the OSPCA facility located in
Newmarket to observe their group housing areas. Anne stated the
Municipality will proceed cautiously and will monitor the Group Housing
area once it is implemented.
3.
QUARTERLY REPORTS
Anne provided the Committee with copies of the Quarterly Report covering
the period of October to December 2008, and commented on the
statistics. She stated that Liz White, Animal Alliance of Canada, contacted
her and complemented on how well the reports are laid out and she would
like to use this layout as a model for other municipalities. The reports are
now generated from the program Shelterbuddy and they provide more
accurate information that is easier to read.
Animal Advisorv Committee
-2-
March 11, 2009
4. LICENSING CAMPAIGN
The Door-to-Door Licensing Campaign has started for 2009 and, in
addition to the urban areas, the Contractor will also be working in the
smaller communities within the Municipality of Ciarington. This year, the
Municipality will be piloting hand-held units to issue licenses which will
greatly streamline the administrative activities.
5. SPECIAL EVENTS UPDATE
The Santa Photo Event was successful, although staff received some
comments that photos more "close up" were preferred.
Winter Wonderlearn was well attended and there were plenty of activities
for the children. The message that was being promoted was dealing with
spring wildlife and keeping yards clean.
To promote adoptions, the screen at the front Customer Service Desk,
Municipal Administration Centre and the Clarington website are featuring a
"Pet of The Week".
One member of the Committee suggested that staff might consider
participating in the Orono Fair.
6. OTHER BUSINESS
Anne was assured by the Region of Durham, Waste Department, that the
waste brochure regarding what is to be done with animal waste has been
updated and now reflects the information that the waste is to placed in the
garbage. Anne will follow-up to ensure this has been done.
The issue of "pooping and scooping" was discussed in detail.
Suggestions for addressing this issue included: officers patrolling the
parks more and issuing fines; installing a "doggie dooley" which is a pet
waste disposal system; and installing a post with bags and a garbage pail.
Moved by Peter Klose, seconded by Helen Koseck
THAT staff be requested in investigate the opportunity for an animal waste
disposal container system to be piloted in a park area which has
traditionally been an area of concern for animal waste.
CARRIED
Animal Advisory Committee
-3-
March 11 , 2009
The Committee would like an update on the off-leash park proposal. Anne
will follow up and report back to the Committee at the next meeting.
Peter provided the Committee with a brief overview of the changes made
to the Ontario SPCA Act, Bill 50. Some changes mentioned were:
establishment of new provincial offences for cruelty towards animals,
stiffer penalties, provision of inspection powers to the Ontario SPCA to
inspect property where animals are kept and abuse is suspected,
expanding the standards to all animals not just dogs and cats, and
imposing new offences. More information on this Bill can be found on the
government website or the Ontario SPCA website.
7. ADJOURNMENT
The meeting adjourned at 4:04 P.M.
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,:
8.
NEXT MEETING
May 13, 2009 - Animal Shelter
1- 2
CLARINGTON AGRICULTURAL ADVISORY COMMITTEE MEETING
THURSDAY, APRIL 9, 2009
MEMBERS PRESENT:
Tom Barrie
Gary Jeffery
Donald Rickard
Ted Watson
Jennifer Knox
Ross McMaster
Eric Bowman
Brenda Metcalf
Mary Ann Found
Henk Mulders
Councillor Gord Robinson
Marlene Werry-Durham Region
ABSENT:
Mark Bragg
Orwin Bandstra
STAFF:
Faye Langmaid
Chair called the meeting to order at 7:32 p.m.
Adoption of Aqenda
09-10
Moved by Eric Bowman, seconded by Brenda Metcalf
'That the Agenda for April 9, 2009 be adopted"
"CARRIED"
Approval of Minutes
09-11 Moved by Jennifer Knox, seconded by Ross McMaster
"That the minutes of the March 12, 2009 meeting be approved. "
"CARRIED"
GUEST: John O'Toole, M.P.P.
,
i!
John provided an overview of the issues that are of interest before the parliament at this time.
The issues are:
. the level of unpaid for assets that will have to be funded through future taxes including
the Darlington New Build and 407 Highway;
. items in Bill 163, Big Move, Transit dollars are focused on urban areas, does not include
rural residents transit and is not cost recover, GO Transit is close to cost recovery at
88% all of the others are below that level;
. Bill 150-Green Energy Act-the amounts being paid for green energy is far more than
rates being paid on bills the subsidy comes from Somewhere; and
. Darlington New Build-nuclear is base load and so successful bidder will be important to
economy, if Canada wishes to dispose of AECL maybe Ontario should own it.
COMMITTEE QUESTIONS
y, load- John has spoken to Minister, she knows it is an important issue, need a specific
solution, York Soil and Crop have some deal with road authority.
Pesticide Iicensing-OFA spoke about exemption for agriculture, regulations are an issue, the
public would be in support of not allowing farmers to have pesticides but do not understand the
implications of that opinion. PMRA the federal regulator should be the authority on pesticides
not public opinion.
PST/GST amalgamation-endorsed by Chambers of Commerce the Province should receive $3
billion more, not clear how farm businesses will be treated. Should keep an eye on it and if
there are issues with implementation let John know.
Gasoline Prices-competition bureau is federal commission the price is set at New York Harbour
price there is only about 10 days of inventory.
Packaging for Eggs and other farm products-farmers will go with different packaging that is
more environmentally friendly if it is economical or subsidized.
Signage for Active Farm Areas-MTO has new sign that they are now promoting.
John emphasized that he relies on community members to inform him on issues of concern and
that he also stays in contact with constituents to understand how they feel or will be affected by
certain issues before parliament. If you see, hear something and want to call John please do.
NEW BUILD PRESENTATION
OPG's November 2008 New Nuclear at Darlington presentation on the physical changes to the
site was played. A brief description of the project was provided and information on the EA
process that is underway shared with the group. There are upcoming open houses in
Bowmanville, Newcastle and Orono (as well as other locations). Check the local papers for
time and locations.
BUSINESS ARISING FROM MINUTES
Y, loads resolution. Waiting for Fred Horvath to return to work and meet with committee
members.
Agricultural Wall of Fame. Garywill bring forward additional information to a future meeting.
Hemp growers (biomass). An article from Northumberland Today was included with minutes.
CORRESPONDENCE
Report from Clerk CLD-005-09- damage from coyote increase is significant.
Resolution from Scugog on packaging for eggs (discussed with John O'Toole).
Letters of notification on 407 report and Durham Grows report (Resolutions for both reports
attached to minutes).
REPORTS FROM OTHER COMMITTEES
407 Committee - No Meeting
AACC
April 21, 2009
DAAC
MPAC presentation, much the same as what was presented to this committee.
EFW Baseline Environmental Study presentation.
Durham Federation of Aariculture
Farm Connections April 7, 8 and 9, they had 48 classes, 1500 kids and 700 people at Open
House. Great job by all, in future years they are targeting to have more politicians and media.
OPA governance has changed and there are some issues, kinks being worked out in new
alignment.
At June/July meeting they will be having the OFA representative to Source Water Protection do
a presentation.
OTHER BUSINESS
Moved by Ted Watson, Seconded by Tom Barrie
09-12 Whereas the Energy from Waste (EFW)/Incineration Facility proposed for the
Glarington site on Osborne Road is in the process of completing a full
Environmental Assessment (EA); and
Whereas the Region of Durham recognizes the importance of its agricultural
community; and
Whereas the fact sheet issued in February 200Bby the Durham York Residual
Waste Study to the local agricultural community and public provided assurance
that concentrations of any chemicals from the facility will not present a risk to
local agricultural operations, farmers fields, produce or livestock; and
Whereas, at that time the Region was committed to monitoring emissions, and
key process parameters, on a continuous basis to ensure safe operation; and
,
i i
,
Whereas the Regions consultants have carried out baseline environmental
monitoring studies including agricultural crops, soil, and produce and baseline
airshed monitoring; and
Whereas the consultant did not recommend ambient air quality monitoring and
ongoing environmental monitoring; and
Whereas proving to the producers and consumers assurance that the quality of
the agricultural products in Glarington will not be adversely affected by the EFW
is of vital economic importance to the local agricultural community;and
Therefore be it resolved that the Agricultural Advisory Gommittee of Glarington
recommends that Glarington Gouncil request Regional Council carry out ongoing
ambient air quality monitoring on a monthly basis at the point of impingement
and ongoing environmental monitoring on an annual basis for at least the first
five years of operation;and
AACC
April 21, 2009
r I
Further that Clarington's Council resolution be forwarded to the DAAC, and other
local municipalities.
"CARRIED"
Ethanol Plant in Havelock Open House in May, operational in the fall.
Ethanol Plant in Oshawa Economic Impact Study from University was very favourable.
Recent announcement of $9.2 million for Oshawa Harbour Clean-up by Feds.
Farmers Market- Opening May 24th to run until October 11th, 10-2 at Newcastle Arena, stalls
available.
FUTURE AGENDA
May Meeting- Gary will provide an update on Pesticide Act and Regulations.
June- Suggestion of a tour of Algoma Facility with Kirk Kemp, Dave Gibson and Sheila Hall from
CBOT, invite Mayor to attend the tour of facility.
Moved to Adjourn:
Donald Rickard
AACC
April 21, 2009
/
1- 3
Tyrone Community Centre
Hall Board Meeting: April 15th, 2009
Attendees: Walter Loveridge, Lynn Morrison, Larry Quinney, Paul Rowan, Denise
Franklin, Gwen Woodcock, Laurie Lafrance, Mark Canning, Skip Crosby
Approval of Minutes from March 18th Meetine:
Motion: Walter Loveridge
Second Lynn Morrison
. New Ceiling
. New Light at Front
Fundraisine:! Community Events
. Singles dances (3rd Saturday) - Gwen will champion. Similar to those at the
Acres. DJ will be $300.00. Need advertising.
. Dance Lessons
. Cooking Classes Idea(Kids in the Kitchen) - promote the TCC, run by Clarington
. Spirit day
. Key is to simplify our events vs the number of people/money resources we have
Treasurer's Report:
Denise Franklin is our new treasurer/bookkeeper.. Denise will be
providing 3 hours per month free service to Tee. Will determine if this is
a good amount of hours per month. Denise will also provide a financial
snapshot for each meeting to show where the Tee is from a revenue and
expenditure position(ie what fundraising do we need to do). Denise
suggested we look at online banking.
Bar Report:
Vending machine has arrived
Seniors Report:
Nothing to Report
Cleanine: Report:
Larry has been cleaning the cob webs in the ceiling(new ceiling will help).
We need to order a new mop and a better vacuum to clean the carpets.
Bookine: Report:
At this point the band interested in storing equipment has decided to
hold off at this point. The TCC is still interested. We have a few bookings
coming up.
Municipalitv of Clarine:ton Issues:
. New Ceiling
. New Light at Front
Motion to AdJourn:
Motion -Lynn Morrison
Second - Gwen Woodcock
1 - 4
CENTRAL LAKE ONTARIO CONSERV A_~~IP1f.04:33
MINUTES NO.5
AUTHORITY MEETING
Wednesday. Mav 20. 2009 - 5:00 P.M.
MEETING LOCATION: 100 WHITING AVENUE, OSHAWA
AUTHORITY'S ADMINISTRATIVE OFFICE, BOARDROOM
Present:
D'STR~ON
REVIEWED BV ~
GllIO......l'lO< ~
l;) COUllCII. 'l;) fIlE
OIRECTIOII iiifoRUAnC*
c:oPV TO:
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Excused:
I
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G. Emm called the meeting to order at 5:05 p.m.
DECLARATIONS of interest by members on any matter herein contained - NONE
ADOPTION OF MINUTES
Res. #53 Moved by A. Cullen
Seconded by M. Pearce
G. Emm, Chair
R. Johnson, Vice Chair
S. Crawford
A. Cullen
J. Drumm
A. Foster
J. Gray
R. Hooper
J. Neal
M. Novak
M. Pearce
P. Perkins
J.R. Powell, Chief Administrative Officer
D. White, Director, Corporate Services
H. Brooks, Director, Watershed Planning & Natural Heritage
G. Geissberger, Community Outreach Coordinator
R. Hersey, Director, Development Review & Regulation
M. Hrynyk. General Superintendent
P. Lowe, Director, Watershed Stewardship & Community Outreach
P. Sisson, Director, Engineering & Field Operations
K. Tate, Administrative AssistantlRecording Secretary
D. Mitchell
B. Nicholson
G. SooChan, Director, Groundwater
~
THAT the Authority minutes 0/ April 21, 2009 be adopted lIS circulated.
CARRIED
CORRESPONDENCE
(I) Correspondence item to Durham Region Planning Committee
I ' Re: Durham Region Official Plan Amendment #128 Growing Durham - CLOCA IMS File: POFAl5
Res. #54
Moved by M. Novak
Seconded by A. Foster
i'
THAT the above correspondence item (a/IQched as Schedule 3-1 to 3-3 o/May 20/09) be received/or
in/ormation.
CARRIED
AUTHORITY MEETING MINUTES - MAY 20, 2009 - PAGE 2
R. Hooper arrived at 5:07 p.m.
J. Gray arrived at 5:08 p.m.
DIRECTOR, DEVELOPMENT REVIEW AND REGULATION
(1) Staff Report #4802-09 (aI/ached as Schedule 4-1 & 4-2 afMay 20/09)
Applications for Development, Interference with Wetlands and
Alteration to Shorelines and Watercourses - April 1-30, 2009
(2) Staff Report #4807-09 (aI/ached as Schedule 4-3 to 4-5 afMay 20/09)
Application for Development, Interference with Wetlands and Alteration to Sho
Applicant (Owner): RioCan Holdings Inc. (Owner)
Location of Site: Part of Lot 12, Concession 1, Oshawa (Midtown Mall
Watercourse: Oshawa Creek
Moved by A. Fosler
Seconded by A. Cullen
~~~Danached applications be approved and the respective permi =- ~T~aIR::~,~"" 1
01' JAW':>.J1Q
ines an<i,',\lat~~s JIJ~.,'
~l)\MAJl{-~tfj ~":,W-:i",
'.Jt,,,,c:)
Res. #55
Res. #56 Moved by A. Foster
Seconded by S. Crawford
'."':j 1.. -.',; :ek',.~: i-
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"iI"".'U-' 1..:
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THA T the application be approved subject to the following condition
1. The project shall be generally carried out according to the revised
support of the application.
CARRIED
ti<';"';'fj~.4. :::r':r.ht:i.>if.' I...l
~ 'ol;1,j'j' 2';:;-..'~,k
'!lVi''''' L illl""',n>, .
lam anil speClJ'(!arilms'~~~f!;fft1d n
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DIRECTOR, WATERSHED STEWARDSHIP & COMMUNITY OUTREACH
(I) Staff Report #4804-09
2009 Pwple Woods Maple Syrup Demonstration Program
---.,-._Li~i:~;'l.";,:,,:.: ,.'1'-4
.-
Res. #57
Moved by A. Cullen
Seconded by R. Hooper
THA T Staff Report #4804-09 (anached as Schedule 5-1 to 5-4 of May 20/09) be received for information.
CARRIED
DIRECTOR, ENGINEERING & FIELD OPERA nONS
(I) Staff Report #4806-09
Lynde Shores Conservation Area - Eastbourne Estates Residences
Res. #58
Moved by J. Drunun
Seconded by J. Neal
THA T Staff Report #4806-09 (aI/ached as Schedule 6-1 /0 6-13 of May 20/09) be received for information;
THA T staff provUle each of the Eastbourne residents an agreement to acknowledge any encroachments that may
exist on CLOCA lands, ensuring that CLOCA is relieved of any responsibility or liability associated with the
encroachment, and that adverse possession is al1o;ded;
THA T staff work with the residents to remove significant encroachments including small outbuildings and gravel
parking areas; and,
THA T staff a"ange for an agreement with the resUlents for maintenance of the culverts at the West Lynde
Tributary crossing of the Eastbourne Beach Road.
CARRIED
R. Johnson and S. Crawford arrived at 5:15 p.m.
AUTHORITY MEETING MINUTES - MAY 20, 2009 - PAGE 3
DIRECTOR, CORPORATE SERVICES
(I) Staff Report #4810-09
Membe",' Per Diem. Honourarium and Mileage
Res. #59
Moved by R. Johnson
Seconded by P. Perkins
THAT Staff Report #4810-09 (attached as Schedule 7-1 & 7-1 of May 10/09) be receivedfor information;
THA T the matter be referred back to staff for a report including appropria~ comparators with Conservation
Authorities that serve Durham Region as well as on a percentile basis.
CARRIED
(2) Staff Report #4809-09 (attached as Schedule 7-3 of May 20/09)
2008 Audited Financial Statements & Auditor's Management Letter (previously circulated to members and staif)
Res. #60 Moved by P. Perkins
Seconded by A. Cullen
THA T the 1008 Audited Financial Statements be approved as presented; and,
THA T the reported surplus of $33,115 be transferred to a Rese';"e for Working CapitaL
CARRIED
M. Pearce referred to "Amounts to be Recovered in Future Years" on Page II of the CLOCA Financial Statements. Discussion
ensued.
With respect to an inquiry made by M. Pearce referring to the matter of "Retirement Life Insurance and Health Care Benefits" on Page
10 of the CLOCA Financial Statements, D. White was directed to check further into the issue oflife insurance.
(3) Staff Report #4808-09 (attached as Schedule 7-4 & 7-5 of May 20/09)
2009 Preliminary Budget (previously circulated to members & staif)
Res. #61 Moved by R. Johnson
Seconded by P. Perkins
THA T the proposed 1009 budget estima~s, totalling $5,560,415 be approved as presented;
THAT the Region of Durham be requested to approve an operating levy of $1,405,049;
THA T all capital projects in the Budget Report be adopted as projects of the Authority; and,
THA T copies of the 1009 Budget Report as approved be circulated to the Region of Durham and lower-tier
municipalities for their information about the projects and programs of the Central Lake Ontario Conservation
Authority.
CARRIED
CHIEF ADMINISTRATIVE OFFICER
(1) Staff Report #4803-09
Conservation Ontario 2008 Annual Report (previously circulated to members & staif)
Res. #62
Moved by P. Perkins
Seconded by A. Cullen
THA T Staff Report #4803-09 (attached as Schedule 8-1 of May 10/09) be received for information.
CARRIED
! i
AUTHORITY MEETING MINUTES - MAY 20, 2009 - PAGE 4
MUNICIPAL AND OTHER BUSINESS
P. Perkins thanked staff for acting so quickly with respect to a matter concerning the Hess Pit, Heber Down Conservation Area.
R. Powell advised members of an upcoming forum hosted by CLOCA for municipal staff on June 4/09 with respect to "Species At
Risk".
G. Emm advised the Authority was recently presented with a certificate for "2009 Safe Work & Wellness Event" from the City of
Oshawa & the Event Organizing Committee for the Authority's continuing commilmentto safety and making the 2009 Safe Work &
Wellness Event a success.
G. Emm advised the Regional Municipality of Durham and Durham Environmental Advisory Committee presented the "Jessica
Markland Partnership Award - Co-operative Efforts to Enhance the Natural Environment to Province of Ontario, Town of Whitby and
Central Lake Ontario Conservation Authority" on May 14,2009.
ADJOURNMENT
Res. #63
Moved by R. Johnson
Seconded by P. Perkins
THAT the meeting adjourn.
CARRIED
The meeting adjourned at 5:43 p.m.
V:-JJUN09 F'r1 1 :10:52
1-5
AGENDA
The Regional Municipality of Durham
MINUTES
ENERGY.FROM.WASTE SITE LIAISON COMMITTEE
Wednesday, May 6, 2009
A meeting of the energy-from-waste Site Liaison Committee was held on Wednesday,
April 8, 2009, in the lower level boardroom (LL-C), Regional headquarters building, 605
Rossland Road East, Whitby, ON, at 7:00 p.m,
Present:
i j
,
! I
Absent:
, '
: '
Staff
Present:
11
Also
Present:
DIST~TION
REVIEWED BY
R. Walli, Chair
M. Clayton
G. James ORIGINAL TO:
T. Ali [;I COUNCIL ~IL [;I FILE
DIRECTION INfORMATION
K. Coupland COPY TO:
C. Wedge
M. Ashcroft [;I MAYOR [;I ~=L [;I CAll
J. Vinson [;I COMMUNITY [;I CORPORATE [;I EIIERGBICY
Councillor C. Trim SERVICES SERVICES SEJM:fS
Councillor M. Novak [;I ~~~~i~1IIG [;I ~L~;~PAl [;I IlPIRAIIOIS
Councillor A. Foster . [;I PWjHING [;I SOLICITOR I.J TREASURY
N. MacDonald, Manager, Waste Management, Regl n C1E1lf1ClllK /1
F. Langmaid, Manager, Special Projects, Municipalit @farinoton ( I,~, ---iI_ '
MUNlClPAlCLfRl('SflLf f:fy'( EN
R. Yates, with regrets
C, Curtis, Commissioner of Works, Region of Durham, with regrets
M. Januszkiewicz, Director, Waste Management, Region of Durham, with
regrets
G. Borchuk, Project Manager, Waste Management, Region of Durham,
with regrets
G, Anello, Manager, Waste Planning and Technical Services, Region of
Durham
S. Munns-Audet, Director, Corporate Communications, Region of Durham
T. Laverty, Communications Officer, Region of Durham
M. Smart, Administrative Assistant, Works Department (Recording
Secretary)
J. McKay, Jacques Whitford Limited
D. Payne, Jacques Whitford Limited
Energy-from-waste Site Liaison Committee
May 6, 2009
ENERGY-FROM-WASTE SITE LIAISON COMMITTEE
Richard Walli, Chair of the Site Liaison Committee (SLC), welcomed everyone and
advised that the same procedures would be followed as at the last meeting whereby
public questions would be addressed at the end of the meeting.
MINUTES
Moved by Kathy Coupland that the minutes of April 8 be accepted, seconded by Geoff
James and carried,
Margaret Clayton advised that the minutes did not note the approval that her
presentation to the Municipality of Clarington be made available.
The above noted omission was noted and carried.
DELEGATIONS
Louis Bertrand, 124 Liberty Street North, Bowmanville
Mr. Bertrand spoke with concerns about the schedule of upcoming meetings, the role of
the energy-from-waste (EFW) SLC and the responsibility to whom each committee
reports. Mr. Bertrand also discussed his concerns with regard to the schedule and
advertising for the upcoming public information centre (PIC) being held at the Garnett B.
Rickard Recreation Complex in Bowmanville. Further concern was mentioned about
the timing of the release of the documents to the members of the public. Mr. Bertrand
responded to questions from SLC members.
Ashley Bridgeman
Ms. Bridgeman spoke with concern about the availability of information provided to the
members of the public across the Regional Municipality of Durham (Region).
Ms. Bridgeman requested that the EFW SLC consider that even though an additional
PIC is being held on May 19 that the next EFW SLC meeting scheduled for May 20 not
be cancelled. Also, that the SLC consider holding another public session in west
Durham to allow members of the public the ability to attend. Ms. Bridgeman responded
to questions from SLC members.
CORRESPONDENCE
Correspondence from Linda Gasser, copy of her delegation presented to Durham
Regional Council on April 22, 2009 and an unsigned letter from Durham Region Labour
Council President, Jim Freeman. Moved by Kathy Coupland that the correspondence
from Linda Gasser be received for information, seconded by Geoff James and carried.
Discussion ensued with regard to the proposed revision to emission guidelines.
2
Energy-from-waste Site Liaison Committee
May 6, 2009
Moved by Margaret Clayton that the following four pieces of correspondence be
received for information, seconded by Margaret Clayton:
. From Louis Bertrand - email dated April 20, 2009 addressed to the Regional
Chair and Members of Durham Region Council with concern to the release date
of the Interim Report on the Environmental Assessment Study for the EFW.
. From Louis Bertrand - copy of his delegation presented to the EFW SLC on April
8, 2009 and a copy of an article entitled "Enrichment of PCDDs/PCDFs in the
cooling system of municipal solid waste incineration plants" as included in his
delegation presentation,
. From Louis Bertrand - email dated March 5, 2009 addressed to the Chair of the
EFW SLC and a copy of his delegation presented to the EFW SLC on March 5,
2009,
. From Ashley Bridgeman - email dated April 9, 2009 concerning the EFW SLC
meeting held April 8, 2009,
PRESENTATION ON UPCOMING RELEASE OF SITE SPECIFIC REPORTS BY JIM
MCKAY, JACQUES WHITFORD LIMITED
Jim McKay advised that upon release, all documents will be made accessible on the
project website (www.durhamvorkwaste.cal and that all comments can be forwarded to
the project team (info@durhamvorkwastecal.
i'
The presentation of the draft site-specific assessment studies to be released on May 8
include Acoustic, Traffic, Visual, Economic, Social, Surface and Groundwater and
Energy, The draft site-specific air quality and human health and ecological risk
assessment studies will be released May 15. Jim McKay also reviewed the timing of
the release of upcoming reports for the Environmental Assessment (EA).
Discussion ensued with regard to the Acoustic Assessment and Jim McKay clarified that
the assessment is based on proximity and criteria of an acceptable level of noise must
be met. The closest noise receptor was found to be below the required level however
mitigated measures have been established as the results are based on the model.
It was advised that the Traffic Assessment has been updated, It was also discussed
that the existing conditions only were modeled. Future conditions have been provided
by the Municipality of Clarington.
"
The Visual Assessment incorporated pictures to assist in modeling, topography, etc. as
there is no comprehensive data base to include existing buildings. It was confirmed that
the measurement of the stack was 87.6 meters.
3
Energy-from-waste Site Liaison Committee
May 6, 2009
A large portion of the Economic Assessment was completed. A description was
requested as to the definition of possible minimal disruption that could occur. Jim
McKay advised that there is limited disruption as there is limited agricultural use (cash
crops) and few businesses.
It was advised that the Social Assessment takes into account factors from other
assessment reports. It was confirmed that maximum basis in the design of the
containment basin was based on the 1 DO-year storm (flood). It was questioned if smog
and the start up of the proposed facility were considered in the Energy Assessment. It
was also questioned if consideration was being made to factor in carbon credits.
Gioseph Anello advised that these were deliberately being kept out as they were under
negotiation at this time.
Councillor Foster commented on the inclusion of the Municipality of Clarington Peer
,Reviews and that they could be reviewed in the interim ahead of the record of
consultation being provided. It was requested by members of the SLC that a copy be
provided to them on CD.
Further discussion ensued concerning the commenting period prior to and following the
submission of the EA if approved. Jim McKay advised of the time line breakdown once
received by the Ministry of the Environment. Moved by Tracey Ali that the SLC endorse
the same extension that was received for information at the JWMG on behalf of
Municipality of Clarington Council that the review period be extended for commenting
from a 3D-day time frame to a 90-day time frame for regulated time review following
submission to the MOE, seconded by Margaret Clayton and carried.
Members of the SLC decided that in addition to hosting the PIC on May 19 in
Bowmanville, the scheduled meeting of May 20 will still be held at Regional Municipality
of Durham Headquarters. It was also confirmed that the SLC Chair will also continue
with reporting to the JWMG and Municipality of Clarington Council per the committee's
Terms of Reference. Moved by Geoff James that another open meeting be held in west
Durham, seconded by Kathy Coupland and carried.
Members of the public were invited to ask questions at the end of the meeting.
Alice in Newcastle discussed emissions and requested that the diagram presented by
the consultant in their presentation display what is going up the stack and emitted.
Libbi Recanski requested that at the PICs, a table be set up to allow environmental
groups to speak and display their materials to members of the public. It was confirmed
that this was not for consideration at the SLC,
Kerry Meydam questioned if members of the public could also get a copy of the peer
reviews that would be provided to members of the SLC. Ms. Meydam also inquired into
the destination of the ash.
4
'... )..
Energy-from-waste Site Liaison Committee
May 6, 2009
Councillor Hooper spoke to the traffic assessment and if considerations had been made
to the Ontario Power Generation employees leaving work and asked what was
considered "peak period" in this assessment.
Paul Andre Larose questioned the height of the stack and its possible increase adding
that he believes that solution by dilution is not a viable reason to why the stack has
increased in height. Mr. Larose also questioned values concerning compliance and the
possibility of the system failing.
Brenda Cross inquired about timing of meetings, consideration made to execute peer
reviews and the finalization of the EA process.
Louis Bertrand spoke to noise concerns, the new business case, review period for the
economic assessment, GHG emissions, and request for proposals concerns.'
The meeting adjourned at 11 :00 p.m.
5
1-6
CLARINGTON HERITAGE COMMITTEE
Minutes of Meeting No.5
May 19,2009
MEMBERS PRESENT:
Karina Isert
Victor Suppan
Andrew Kozak
Karin Murphy
James Rook
Leslie Wilson
David Reesor
Duane Cook
MOTION 09.13
REGRETS:
Paul AIIore
Councillor Mary Novak
GUESTS:
William Calver
Dineen Leger
PLANNING STAFF:
Isabel Little
Annette Van Dyk
PRESENTATION OF ONTARIO HERIT '
William Calver attended the meeting and
his contribution to the preservation of the c
ificate of achievement for
, 'cipality.
MINOR VARIANCE APPL
hat she has purchased 1486 Concession
. ding and build a new house. A minor
minimum separation distance from the
aci I ighbouring properties. Pictures of the
he house has been vacated for a number of years and is
recorded in the inventory of heritage resources. There
maining but it is unknown if they are salvageable. At
e following motion:
es Rook, Seconded by Andrew Kozak
mmittee has no objection to the demolition of 1486 Concession
Road 7, Darlingto We respectfully request the owner elicits qualified personnel to
remove salvageable architectural features of the home such as: all original windows and
original door surrounds
"CARRIED"
ADOPTION OF MINUTES:
MOTION 09.11 Moved by James Rook, seconded by Karin Murphy
THAT the minutes from April 21,009 be accepted.
"CARRIED"
BUSINESS ARISING:
MOTION 09.12
nd interest following the
will be required should
71 Old Kingston Road
Leslie Wilson will prepare a statement of cultural herita
format provided by the Ministry of Culture's regulations. T
the building be recommended for designation.
CORRESPONDENCE
The Committee received a letter from Clerks
West: have been added to the Municipal Registry.
King Street
FINANCIAL REPORT:
March 26 Opening Balance
March 31 Interest
April 24 Closing Balan
ded by Karin Murphy
rt be accepted.
SUB
Orono CIP
Next meeting is July 8, 2009
Newcastle CIP
Jenny Barrett from the Newcastle Horticultural Society gave a presentation on their proposed
landscape improvement to the Newcastle Community Hall property. MTO's policy on signage
along the 401 was reviewed. Sheila Hall informed the group that she is researching the
2
potential for implementing a Rural Economic Development Program. The next meeting is July
23.
PROJECT REPORTS:
Inventorv Update
David and Karin have worked up to the Clarke Townline. They h
review in Orono after which they will be finished until the fall.
Websjte
This will be a summer project for Andrew.
NEW BUSINESS:
few more properties to
A review of the Beech Avenue Heritage Conserv
HCD Advisory Committee will meet and there will b
III start in the ne month. The
g held with the residents.
:1]
Mike Hubicki will attend the June me
the 407 Advisory Committee will be invl
ing along the 407. Members of
Moved by David Reesor
THAT the meeting be
3
~
REPORT #1
REPORT TO COUNCIL MEETING OF JUNE 15, 2009
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JUNE 15,2009
RECOMMENDATIONS:
THAT the actions taken at the General Purpose and Administration Committee meeting of
June 15, 2009 be approved.
. ,
. ,
,
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Cl!JlmglOn
REPORT
PLANNING SERVICES
Meeting:
COUNCIL
Date:
Monday, June 15,2009
Report #: PSD-056-09
File#: PLN 15.2.1, RE6.1.17
By-law #:
Subject:
REASONS FOR DECISION OF THE JOINT BOARD UNDER THE
CONSOLIDATED HEARINGS ACT AND THE EXPROPRIATIONS ACT (CASE
NO. 04-164) RESPECTING THE PROPOSED EXPROPRIATION OF CERTAIN
LANDS OWNED BY THE PORT DARLINGTON HARBOUR COMPANY
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-056-09 be received and APPROVED;
2. THAT Council as the approving authority under Section 5(1) of the Expropriations Act
having considered the Reasons for Decision of the Joint Board dated December 12,
2006 under the Consolidated Hearings Act (Case No. 04-164) and for the reason set
out in the Joint Board's Reasons for Decision which as modified for the reasons set out
in Recommendation 3, Council hereby adopts as Council's reasons for its decision to
approve the expropriation modified by including Parts 2 and 13 on Reference Plan 10R-
3136 with the Lands to be expropriated;
3. THAT with respect to Parts 2 and 13 on Reference Plan 10R-3136, Council decide to
include them in the Lands proposed to be expropriated for the reasons that the Parcel
Registers for those Parts in the Land Registry Office for the Land Titles Division of
Durham (No. 40) have not yet been rectified to show the Municipality of Clarington and
not The Port Darlington Harbour Company to be the registered owner in fee simple of
them;
4. THAT Council PASS a By-law to approve the proposed expropriation of the Lands
including Parts 2 and 13 on Reference Plan 10R-3136 (Attachment 5) which Lands are
more particularly described in Attachment 2 for the purposes of a district park;
REPORT NO.: PSD-056-09
PAGE 2
5. THAT Council approve the Notice of Decision and Reasons for Decision of Council
contained in Attachment 7 approving the proposed expropriation of the Lands including
Parts 2 and 13 on Reference Plan 10R-3136 for the purposes of a district park and
authorize the Municipal Clerk to serve a copy of them on all parties as required by
section 8(2) of the Expropriations Act;
6. THAT Council pass a by-law to authorize the Mayor and the Municipal Clerk to execute
, a Certificate of Approval on behalf of Council as the approval authority as is required by
section 8(3) of the Expropriations Act (Attachment 6);
7. THAT Council PASS a By-law to expropriate the Lands including Parts 2 and 13 on
Reference Plan 10R-3136 for the purposes of a district park pursuant to the Municipal
Act, 2001 (Attachment 8);
8. THAT Council PASS a By-law to authorize the Mayor and Municipal Clerk on behalf of
the Municipality to execute a plan of expropriation of the Lands and cause the plan to be
registered in the proper Land Registry Office pursuant to Section 9(1) of the
Expropriations Act (Attachment 9);
9. THAT Staff be authorized to give all necessary notices, and to take all necessary
actions to terminate the leases of the tenants after registration of the plan of
expropriation; and
10. THAT all interested parties be notified of Council's decision.
Submitted by:
Davi orne, MCIP, RPP
Director of Planning Services
Reviewed by:6 ~..::....-~
Franklin Wu,
Chief Administrative Officer
FUDJC/df
9 June 2009
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C .3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-056-09
PAGE 3
1.0 PREFACE
1.1 This report was initially written on January 2007 in response to the decision in
December 2006 of the Joint Board under the Consolidated Hearings Act. The report
was not presented to Council at that time because Wiggers Custom Yachts LId and the
Port Darlington Harbour Company, in response to the decision of the Joint Board under
the Consolidated Hearings Act, petitioned Cabinet to set aside or alter the decision of
the Joint Board. The Petition had the effect of suspending the Joint Board's decision
until Cabinet addressed the issue. Cabinet has upheld the decision of the Joint Board,
as such the timing of the Council's decision now falls under the Expropriations Act.
Council must deal with the report of the Joint Board approving the proposed
expropriation within 90 days of the date on which it became final. The latter day, in the
Municipal Solicitor's opinion, was March 25, 2009 the date of the Order in Council by
Cabinet dismissing the Petition.
1.2 As Council is aware, during the intervening time, January 2007 to September 2007
there had been negotiations in an attempt to resolve the outstanding issues and reach
an amicable resolution to the property acquisition. Discussions were terminated in
September 2007 and for a number of months the Municipality has been awaiting the
decision of Cabinet. For Council to address this Staff Report the tabling of a motion
from the closed meeting of the Council on September 24, 2007 must be lifted and
addressed under the "Unfinished Business" portion of the meeting.
2.0 BACKGROUND
2.1 Report #PSD-124-04 (Attachment 1) dealt with the proposed acquisition by the
Municipality of certain lands the registered owner of which is The Port Darlington
. i Harbour Company ("PDHC"). These lands are adjacent to West Beach Road,
Bowmanville and include the West Beach of the Bowmanville Creek. The lands
comprise portions that are Provincially Significant Wetland, tableland, sand dunes and a
dynamic sandy beach. The lands in question together with certain lands owned by the
Municipality are outlined on the Map contained in Attachment 2. The lands owned by
the Municipality comprise Lots 3, 4, 20, 33 and 35 and the streets shown on registered
plan of subdivision 345. The Joint Board found that Parts 2 and 13 on Reference Plan
10R-3136 comprise dedicated public highways, although the Parcel Registers for them
in the Land Registry Office currently show the registered owner in fee simple of them to
be PDHC. The Lands shown on the map contained in Attachment 2 which are
proposed to be expropriated comprise lands the registered owner of which is The Port
Darlington Harbour Company and include Parts 2 and 13 on Reference Plan 10R-3136,
They are more particularly described in Attachment 3 and are referred to in this Report
as the "Lands".
REPORT NO.: PSD-056-09
PAGE 4
2.2 At its meeting on October 12, 2004, Council approved the recommendations contained
in Report #PSD-124-04 to authorize the commencement of expropriation proceedings
under the Expropriations Act to expropriate the Lands.
2.3 Following the service of the notice of the Municipality's intention to expropriate the
lands, PDHC and Wiggers Custom Yachts Limited ('Wiggers") notified the Municipality
pursuant to the Expropriations Act that they desired that an inquiry be held as to
whether the taking of the lands is fair, sound and reasonably necessary. in the
achievement of the objectives of the expropriating authority, the Municipality ("Hearing
of Necessity"). .
2.4 Since PDHC and Wiggers had appealed the approval of Official Plan Amendment No.
39 (which amended the Port Darlington Neighbourhood Secondary Plan) to the Ontario
Municipal Board under section 17 of the Planning Act and had also required a Hearing
of Necessity into the proposed expropriation, the Consolidated Hearings Act applied.
The latter Act required that a Joint Board be established under it to exercise the power
of an Inquiry Officer under the Expropriations Act and the power of the Ontario
Municipal Board under the Planning Act.
2.5 ,Mr. M.A.F. Stockton, who was then a member of the Ontario Municipal Board, was
appointed under the applicable legislation to act as the Joint Board under the
Consolidated Hearings Act. At the pre-hearing conferences, Mr. Stockton organized the
issues for the hearing into phases. The first phase respecting Official Plan Amendment
39 was heard in November, 2005 and resulted in the approval of Official Plan
Amendment 39 with certain modifications. The last phase comprised the Hearing of
Necessity respecting the proposed expropriation by the Municipality of the Lands. It was
held in September, 2006.
2.6 As is required by the Expropriations Act, the Joint Board heard the evidence concerning
the objectives of the Municipality to be achieved by the proposed expropriation and
whether the proposed expropriation is fair, sound and reasonably necessary in the
achievement of the objectives of the Municipality. The Municipality's witnesses were
Faye Langmaid, Manager of Special Projects; Christopher Ellingwood, Biologist; Perry
Sisson, Engineer; Mavis Carlton; the late Philip Carlton and Nicholas Macos, Solicitor.
No witnesses were called by Port Darlington Harbour Company. 114 exhibits in support
of proving the necessity of acquiring the lands were tendered as evidence to the Joint
Board.
2.7 At the conclusion of the hearing of the last phase, the Joint Board reserved its decision.
The Joint Board's Reasons for Decision (Attachment 4) were released on December 12,
2006.
2.8 One of the issues considered by the Joint Board was whether certain streets shown on
registered plan of subdivision 345 and the traveled roads, Parts 2 and 13 on Reference
Plan 10R-3136 were public highways under the Municipal Act, 2001. Title to public
highways that is not vested in either the Province or the Region of Durham, is vested in
the Municipality, and is subject to the right of members of the public to use the public
highways as such.
REPORT NO.: PSD-056-09
PAGE 5
2.9 The streets shown on plan of subdivision 345 had been dedicated as public highways
on the registration of the plan on the title to a portion of the Lands. The Map contained
in Attachment 3 shows the streets on Plan 345 and the traveled roads on Parts 2 and
13 on Reference Plan 10R-3136.
2.10 Part 2 on Reference Plan 10R-3136 links Third Street on plan of subdivision 345 to
West Beach Road on plan of subdivision 150, a dedicated public highway. Part 13
connects Third Street to Main Street both on plan of subdivision 345. Both Parts 2 and
13 are traveled roads in the sense that although they existed physically, whether they
are private roads or public highways cannot be determined from an examination of the
records in the Land Registry Office but must be determined from other evidence.
2.11 The Land Registry Office records shoY( the Municipality to be the registered owner in
fee simple of the streets on Plan of Subdivision 345, while as noted above, PDHC is
shown to be the registered owner in fee simple of Parts 2 and 13 on Plan 10R-3136.
2.12 In its Reason for Decision the Joint Board accepted the Municipality's contention that it
is the owner of all roadways which comprise the streets on Plan of Subdivision 345 all of
which were dedicated as public highways.
2.13 In addition, the Joint Board found that on the evidence presented to it, Parts 2 and 13
on Reference Plan 1OR-3136 had been dedicated by PDHC as public highways and
had been accepted as such by the public. However, the Parcel Registers in the Land
Registry Office have not been rectified to show the Municipality to be the owner of Parts
2 and 13.
2.14 The Municipality also is the registered owner in fee simple of Lots 3, 4, 20, 33 and 35 on
Plan of Subdivision 345. They had been acquired under applicable legislation as a
result of default in payment of municipal taxes.
2.15 Under section 8(1) of the Expropriations Act, the approving authority, the Council is
required to consider the report of the Joint Board and approve, not approve, or approve
with one or more modifications, that the Municipality considers proper. Under section
8(2) of the Act, the Municipality is required to give written reasons for its decision and to
cause the decision and reasons for it to be served on all the parties and on the Joint
Board within 90 days after the date on which the Municipality received the report of the
Joint Board.
2.16 Section 9 of the Expropriations Act requires that the expropriating authority, in this case
also the Municipality, within 3 months after the granting of approval register in the land
registry office a plan of expropriation. On the registration of the plan, within the 3
months period, but not otherwise, title to the expropriated land vests in the Municipality.
REPORT NO.: PSD-056-09
PAGE 6
3.0 COMMENTS AND RECOMMENDATIONS
3.1 In its Reasons for Decision the Joint Board fairly summarized the evidence and correctly
made findings of fact based on that evidence. At page 5 of its Reasons for Decision, the
Joint Board stated:
"In accordance with its findings above with respect to the key jurisdiction, and
the evidence of the planning and environmental witnesses from the Town, the
Joint Board finds that the proposed expropriation is fair, sound and
reasonable." ,
3.2 It is recommended that Council, as the approving authority under subsection 5(1) of the
Expropriations Act, having considered the Reasons for Decision of the Joint Board
adopt them as Council's own reasons for approving the expropriation with one
modification. The Joint Board had found that Parts 2 and 13 on Reference Plan 1 OR-
3136 and the streets shown on plan of subdivision 345 should not be included in the
expropriation since they are owned by the Municipality. It is recommended that Council
approve the proposed expropriation of the Lands including Parts 2 and 13 on Reference
Plan 1 OR-3136 for the reason set out below. It is also recommended that Council pass a
by-law (Attachment 5) under the Expropriations Act to approve the proposed
expropriation ofthe Lands including Parts 2 and 13 on Reference Plan 1 OR-3136 for the
purposes of a district park, and that the a by-law be passed to authorize the Mayor and
Municipal Clerk execute the Certificate of Approval as required by the Act (Attachment
6).
3.3 On Page 7 of its Reasons for Decision, the Joint Board stated:
"In the Joint Board's view, the evidence supports the Town's contention that it
already has ownership of all roadways on the subject Lands. For all of these
reasons, therefore, the Joint Board finds that the roadways are not the
property of PDHC and should neither be included in the expropriation nor
compensated for."
Since the Parcel Register in the Land Registry Office has not yet been rectified to show
that the Municipality and not PDHC to be the owner in fee simple of parts 2 and 13 on
Reference Plan 10R-3136, it is recommended that Council include in Council's reasons
for decision a modification of the Joint Board's Reasons for Decision to state that,
Council considers it prudent to include Parts 2 and 13 in the proposed expropriation for
this reason.
3.4 It is recommended that Council authorize the Municipal Clerk to cause the Notice of
Decision and Reasons for Decision of Council approving the proposed expropriation to
be served upon all of the parties as is required by section 8(2) of the Expropriations Act.
A copy of the Notice is contained in Attachment 7.
3.5 It is recommended that Council pass a by-law under the Municipal Act, 2001 to
expropriate the Lands and Parts 2 and 13 on Reference Plan 10R-3136 for the
purposes of a district park (Attachment 8).
REPORT NO.: PSD-056-09
PAGE 7
3.6 It is further recommended that Council pass a by-law to authorize the Mayor and the
Municipal Clerk on behalf of the Municipality to execute a plan of expropriation of the
Lands and Parts 2 and 13 on Reference Plan 10R-3136 and authorize its registration in
the proper land registry office pursuant to section 9(1) of the Expropriations Act.
(Attachment 9)
3.7 If Council approves the proposed expropriation it will be completed by the registration in
the Land Registry office of a plan of the lands which are expropriated. The expropriation
plan must be registered within 3 months after approval to expropriate is given by
Council. Under the Expropriations Act, title is transferred to the Municipality on the
registration of the plan, and the owner's rights are converted by the Act from a right in
the land expropriated to a right to be paid market value compensation and
compensation for any damage resulting from injurious affection and other items of
damages as set out in the Act.
3.8 It should be noted that under the Expropriations Act the Municipality cannot obtain
possession of the land expropriated until notices are served on the registered owner of
the expropriation which require possession of the land expropriated to be given to the
Municipality on a specified date. That date must be at least 3 months after the date of
service of the notice of possession. Before taking possession of the land, section ,25(1)
of the Act requires that the expropriating authority serve upon the registered owner an
offer of an amount in full compensation for the owner's interest and offer immediate
payment of 100% of the amount of the estimated market value of the owner's interest.
This offer must be served within 3 months of the registration of the plan.
3.9 Under the Expropriations Act the owner is provided the opportunity of determining the
date of Election of date for compensation being either:
(a) where there has been an inquiry, as of the date the notice of hearing was served;
(b) as of the date of the registration of the plan; or
(c) as of the date on which the owner was served with the notice of expropriation.
In this case there has been a lengthy period of time over which the real estate market
has fluctuated and the owner will presumably select the optimum time.
3,10 In this case there are seasonal and full-time tenants; the seasonal tenants (8-10) own
the buildings (cottages) located on the lot leased to them and the full-time tenants (1-2)
have no ownership. The seasonal and full-time tenants will have to be notified of the
change of ownership and given notice of termination of their leases. Seasonal leases
have traditionally been terminated at the end of October each year. In this regard the
Municipality is required to comply with the provisions of the Residential Tenancies Act,
2006. It is recommended that staff be authorized to give all necessary notices, and to
take all necessary actions to terminate the leases and recover possession under
applicable law after registration of the plan of expropriation on the title to the land.
REPORT NO.: PSD-056-09
PAGE 8
3.11 Staff will undertake to meet with the individual seasonal tenants to review the
Municipality's plans and the options available to the seasonal tenancies for future years.
Any decision regarding the continuation of the seasonal tenancy will be the subject of a
further report after Staff have had the opportunity to meet with the land tenants/cottage
owners.
3.12 The Land Acquisition Strategy, as updated and adopted by Council on February 19,
2007 includes recommendations for the acquisition of Waterfront Lands on the
Bowmanville West Beach, including the Port Darlington Harbour Company Lands for the
development of a district park. The recommendations within the Land Acquisition
Strategy are implementing the policies of the Clarington Official Plan and earlier
Waterfront Land Use Strategy. Special funding was set aside in the General Municipal
Purposes Reserve Fund for waterfront acquisition.
Attachments:
Attachment 1 - Report #PSD-124-04
Attachment 2 - Map
Attachment 3 - Description of Lands including Parts 2 and 13 on Plan 10R-3136
Attachment 4 - Reasons for Decision of the Joint Board dated December 12, 2006
Attachment 5 - By-law to approve expropriation under Expropriations Act and to authorize
execution of Certificate of Approval of Expropriation
Attachment 6 - By-law to authorize execution of Certificate of Approval of Expropriation
Attachment 7 - Notice of Decision and Reasons for Decision of Council
Attachment 8 - By-law to expropriate Lands for a district park under the Municipal Act, 2001
Attachment 9 - By-law to authorize execution and registration on title of expropriation plan
List of interested parties to be advised of Council's decision:
Christopher Williams
Andre Wiggers
Mavis Carlton
Port Darlington Community Association (c/o Glenda Geis)
Bowmanville West Beach Association (c/o Gary Cole, Sharon Eccles, Ted Bounsall, Ross
Smith)
Attachment 1
To Report PSD-056-09
, Clfllmgron
REPORT
PLANNING SERVICES
CONFIDENTIAL
Meeting:
Date:
Report #:
COUNCIL
Tuesday, October 12, 2004
PSD-124-04 File #: RE 6.1.17
By-law #:
Subject:, APPLICATION FOR APPROVAL OF EXPROPRIATION OF LANDS
NECESSARY FOR THE PURPOSES OF A DISTRICT PARK
WEST BEACH ROAD PROPERTIES OF PORT DARLINGTON HARBOUR
COMPANY, BOWMANVILLE
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report PSD-124-04 be received in a "CLOSED" meeting;
2. THAT Council hereby authorizes an application to be made to the Council of the
Corporation of the Municipality of Clarington as the approving authority under
subsection 4(1) of the Expropriations Act RS.O. 1990 c.E.26 as amended, for the
approval .of the expropriation of the lands described as the Port Darlington Harbour
Company lands on the west side of Bowmanville Creek, Bowmanville, for the purposes
of a district park;
3. THAT Council hereby authorize staff to take all necessary actions to serve notice of its
application for approval to expropriate upon the owner of the land to be expropriated
and to publish the aforesaid notice in accordance with subsection, 6(1) of the
Expropriations Act; ,
4. THAT a By-law to authorize an application for expropriation be forwarded to Council for
adoption at such time as a survey is prepared for the lands identified in Attachment 1;
5. THAT a copy of Council's resolution be forwarded to the Municipal Solicitor, and he be
instructed to contact the property owners and anyone else that has an interest in the
property. '
Submitted by:
Reviewed by:
nklin Wu,
Chief Administrative Officer
Cr me, MCIP. R.P.P.
Planning Services
FUDJC/df
5 October 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830
....." .
REPORT NO.: PSD.124-04
PAGE 2
1.0 BACKGROUND
1.1 The Clarington Official Plan and the Municipality's Land Acquisition Strategy identify a
District Park site in the vicinity of West Beach Road at the mouth of Bowmanville Creek
and along the Lake Ontario waterfront in Bowmanville. Over a number of years the
MuniCipality has been actively acquiring properties on East Beach Road and West
Beach Road which are considered necessary for the park's development. The priorities
for acquisition are based on the Council approved Waterfront Acquisition Strategy of
2002, as amended by Council approval of report PSD-093-04. Attachment 1 identifies
the lands currently own"ed, or subject to a binding agreement of sale to the Municipality,
. properties in the expropriation process and the property proposed for acquisition in this
report.
1.2 The property is partial zoned "Residential Shoreline (RS)" in the former Town of
Newcastle Comprehensive Zoning By-law 84-63, as amended. The RS zone permits a
single detached dwelling unit. The remainder of the property is zoned "Environmental
Protection (EP)".
1.3 The West Beach Area is a dynamic beach and has been identified as a damage centre
for some time. A recent draft report on the "Port Darlington Shoreline and Flood
Damage Centre" indicated that, "due to the extreme severity of the hazards (Le.
potential loss of life) in this area it is recommended that CLOCA and the Municipality of
Clarington should set their long term acquisition program for this [West Beach Road
Area] as the number one section within the Port Darlington Flood Damage Centre".
1.4 The Municipality has been in on-going discussions with the Port Darlington Harbour
Company (PDHC) for some years. The desire of the Municipality to obtain the PDHC
lands has not waivered; however, due to the turnover in the Director's of the PDHC
whenever the negotiations were close to a conclusion sign-off from all of PDHC was not
forthcoming. In early 1995, a series of negotiations spanning over 2 years, it appeared
that a deal for the properties west of Bowmanville Creek was nearing completion, with a
purchase price of $600,000 for vacant possession and an environmental audit being
provided that stated that the site was clear of contamination, however, the
representative for the PDHC changed and the deal was not consummated.
1.5 The CAO has had numerous discussions with Mr. Andy Wiggers, the current
representative of the Port Darlington Harbour Company and owner of Wiggers Custom
Yachts Ltd. While it is the desire of MOC to acquire the Port Darlington Harbour
Company holdings, Mr. Wiggers would prefer a phased in or stepped approach; this
approach would allow Wiggers Custom Yachts Ltd. to continue their viable boat
building, storage and repair business. The ongoing discussions between Mr. Wiggers
and the CAO have not resulted in a mutually satisfactory arrangement for the purchase
of any of the PDHC lands, to date.
1 .6 It is the opinion of staff that expropriating the western portion of the PDHC lands would
be the most prudent approach at this time. In an appraisal report in August 2004 for the
Municipality, the lands of the west side of Bowmanville Creek owned by PDHC were
valued at $700,000, not including the pier projecting into Lake Ontario.
j:
'.
REPORT NO.: PSD-124-04
PAGE 3
2.0 EXPROPRIATION PROCEDURES
2.1 Council is the approving authority in the case of acquisition of the land by expropriation
for a municipal purpose such as a district park. Section 6 of the Expropriations Act
permits any owner of land who has been given notice of intention to expropriate to notify
the Municipality that a hearing is required. If the owner submits a request for a hearing
an officer will be appointed by the Attorney General to hold the hearing to determine
whether the proposed expropriation is fair, sound and reasonably necessary in the
achievement of the objectives of the expropriating authority ("Hearing of Necessity").
2.2 If following consideration of the inquiry officer's report, the expropriation is approved by
Council as the approving authority, and the expropriation takes place, the owner's rights
will be converted from ownership of an interest in the lands in question to a right to be
paid fair market value compensation for their interests. If compensation cannot be
agreed to it will be determined through mediation or, if necessary, by arbitration by the
Ontario Municipal Board.
3.0 CONCLUSION
3.1 Staff are recommending that the expropriation process to acquire the Port Darlington
Harbour Company lands west of Bowmanville Creek begin if we are unable to negotiate
a settlement with the owners. If a fair market value of the land in question can be
agreed to, the expropriation process can be halted and the land acquired by the
Municipality by private purchase.
3.2 A by-law for the expropriation will be forthcoming when we have a draft plan of survey
which describes the property to be expropriated.
Attachments:
Attachment 1 - Key map
Interested parties to be advised of Council's decision:
Mr. Andy Wiggers
Port Darlington Harbour Company
1894 Nash Road
R.R. # 3
Bowmanville, Ontario
L 1 C 3K4
'.
.
Attachment 1
Sewer Treatment Facility
Water Treatment Facility
ROAD
Lake
Ontario
Port Darlington Harbour Co. Lands
Intended Use: District Park
J
. Proposed Parcel to be, Acquired
~ Other Lands Subject to Expropriation
l;t'r:,~~1 Lands Owned by the Municipality
I';~d Lands Subject to Closing
RE 6.1.17
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2004-
being a by-law to authorize an application to be made to Council as the
approving authority under the Expropriations Act, R.S.O. 1990, c.E.26 for the
approval of the expropliation of all interests in the lands described as Part of Lots
9 and 10, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clalington, Regional Municipality of Durham, more particularly
desclibed as Parts 1, 2, 3, 4, and 5 on draft plan of survey contained in Schedule
1 attached to this by-law, for the purposes of a district parle
WHEREAS at its meeting on October 12, 2004, Council approved Report PSD-124-04
which recommended enactment of this By-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF CLARINGTON ENACTS AS FOLLOWS:
1. That Council hereby authorizes an application to be made to the Council of the
Corporation of the Municipality of Clalington as the approving authority under
subsection 4(1) of the Expropriations Act R.S.O. 1990 c.E.26, as amended, for the
approval of the expropliation of all Interests in the lands described as Part of Lots 9
and 10, Broken Front Concession, fonmer Town of Bowmanville, now in the
Municipality of Clarington, Regional Municipality of Durlham, more particularly
described as Parts 1, 2, 3, 4, and 5 on draft plan of survey contained in Schedule 1
attached to this by-law, for the purposes of a district parle
2. That Council hereby authorize staff to lake all necessary actions to serve notice of
its application for approval to expropriate upon the owners of the land to be
expropriated and to publish the aforesaid notice in accordance with subsection 6(1)
of the Expropriations Act.
BY -LAW read a first time this
1"
day of
November
2004
BY-LAW read a second time this
1"
day of
November
2004
BY-LAW read a third time and finally passed this 1" day of November 2004
John Mullon, Mayor
Patti L. Barrie, Municipal Clerk
SCHEDULE 1
...._----------_.._-~._--_.__._-~~
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To Report PSD-056-Q9
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SCHEDULE 'A'
DESCRIPTION OF LANDS
INCLUDING PARTS 2 AND 13 ON PLAN 10R-3136
Attachment 3
To Report PSD-056-09
Part of Lot 28, Registered Plan No, 150, Lots 1 and 2, Lots 5 to 10, inclusive, Lots 21 to
32, inclusive, Lot 34, Lots 36 to 42, inclusive, the Reserve West of Main Street and the
Reserve West of Beach Road, all according to Registered Plan No, 345, and Part of
Lots 9 and 10, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, Regional Municipality of Durham, all as shown on draft Plan
of Survey prepared by Brown and Coggan, Ontario land Surveyors and on deposij with
the Municipality of Clarington, Planning Services Department, and Parts 2 and 13 on
Reference Plan 10R-3136,shown below,
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DEH'IS HEFFERON LAW
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Attachment 4
T-IlS P.DI To Report PSD-056-09
Office of'
, Consolidated Hearings,
Case No.: 04-164
, The Corporation of the Munielplllity of ClaringtoD
In the mauer of an application by the Corporation of the Municipality of
C1arlJ!sUm. 51edonMan:h4, :ZOOS. for aHearl:ng before aloint Boardpursualltto
seetion3 oflhe Co1l301idtJt.dHl4rlnpMr. R.S.O. 1990, C,, C.29, as Alended, ,
reglll"ding a proposal to proceed whh an ~ nllIlely the proposed
Official Plan Aro","",~ent 39 to the M1Ulicipality of' Clarington's OfJiclal Plan as
>m"",decl by By-lltW No. 2005-070 =derthe PllUl71tng Aat, R,,5.0. 1990. c.l',13.
as amended, and llJ1 application by the corporation of the Municipality of
Clarington fat approval under section 8 of the Elrproprlatf0n8l1.c:t, R.S.O. 1990, c.
E.26. as om~ftdcd, to ~riate the properties located at 66 Easl Bee.eh Raid
(IownofBowlnlmville), owned by Mr. Glea.Re31som, andl'art Lots 9 and l(),
Broken Front Conccssiou (TOWll of Bowmanville). OWI1ed by tho Port Du)iJlgtoil
~our Cwipany and Wiggers CuslOIll Yachts Limited; and
In the matter of'a HeariJIg beld on 1 aouary 17. 2006. In tha Co1.lllCil Oiamben:, the
MUI:lieipality of Clarin&t0D, Administrative Centre, 40 Temperance Street,
Bowmanville.
Before: ,
M,A,F. Stockton, Panel Chair
Appelll'lUllL:CS:
D.C. Hefferon
. Counsel fur the l'I11pOnenl, the Corporation of the Municipality rrl:
Oarln.gton
C.J, Willi"","
_ Counsel for WigetS Custom Yachts Limited and Pot'! Dadlngtoa.
HmOIlf Compm.y
s. HeIji
- Counsel fbr Glen RangOll1
Dated this 20111 day ofFebrullQ', 2006.
Office of Consolidated Hearings Decision:
The Corporation of the Municipality of ClarinQton
04-164
Reasons for Decision
Background:
This matter is a proceeding under the Consolidated Hearings Act ("CHA"), regarding an
expropriation by the Municipality of Clarington (the "Town") under the Expropriations Act
("EA"), and an Appeal of its Official Plan Amendment No. 39 under the Planning Act ("PA"l,
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The expropriation and Official Plan Amendment concern certain lands (the "Lands") at the Lake
Ontario waterfront in the Town. The Town wished to develop the Lands to increase the size of
the adjacent waterfront park and for the purpose of addressing flooding problems, The Town
also intends to relocate a portion of the waterfront service road on the Lands.
Appeals to the Official Plan Amendment were filed pursuant to section 17(36) of the PA by the
Port Darlington Harbour Company ("PDHC'') and Wiggers Custom Yachts Limited ("Wiggers")
on February 8, 2005. Glen Ransom also filed an appeal to the Official Plan Amendment
pursuant to section 17(36) of the P A. Hearings of Necessity were requested pursuant to section 6
ofthe EA by Mr. Ransom on November 5, 2004 and by the PDHC and Wiggers on
November 10, 2004,
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Notice was given by the Town to the Office of Consolidated Hearings (the "OCH'') to
consolidate these matters on March 4, 2005. The Joint Board adopted the Ontario Municipal
Board (OMB) Rules of Practice and Procedure.
The Joint Board conducted a Preliminary Hearing at Clarington on November 22, 2005, and an
Order of the Joint Board was issued on January 13, 2006 with respect to that Preliminary
Hearing.
However, some procedural matters were deferred at the Preliminary Hearing to be resolved
during a teleconference, which took place on December 13, 2005.
The Hearing of this matter commenced on January 17,2006, at which time the Joint Board was
advised that a settlement of the appeal of Official Plan Amendment 39 to the Town's Official
Plan had been reached. The Parties filed with the Joint Board Minutes of Settlcment and an
amended draft of Official Plan Amendment 39 in accordance with the settlement. The Joint
Board issued its Order with respect to Official Plan Amendment 39, on February 20, 2006,
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Office of Consolidated Hearings Decision:
The Corporation of the Municipality of Clarinolon
04-164
A Preliminary Hearing was scheduled for April 12, 2006, with respect 10 the Hearings of
Necessity requested pursuant to section 6 of the EA by Mr. Ransom, PDHC and Wiggers, The
Joint Board was advised by letter dated March 27,2006 that Mr, Ransom had withdrawn his
request for a Hearing of Necessity, This request was consented to by the other Parties.
]
Many of the procedural matters with respect to the Hearings of Necessity requested by PDHC
and Wiggers were previously settled by these Parties and the Town. Furthermore, some aspects
ofthe Issues List were agreed to at the Preliminary Hearing. However, other aspects of the
Issues List remained in dispute, and the Joint Board issued an Order on June 13, 2006 (amended
on June 15, 2006) with respect to the Issues List, as well as the scheduling of the Hearing and the
posting of the Notice oCthe Hearing by the Town,
The Hearing commenced on September 18, 2006,
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Issues:
Immediately prior to the Hearing, several issues were resolved by the Parties. This resolution,
however, gave rise to the need for an initial ruling by the Joint Board as to the remaining issues
before it. The issues remaining before the Joint Board are, therefore, as follows:
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I, Whether the Town has the jurisdiction pursuant to the Municipal Act, 2001 ("MA") and the
EA to expropriate lands owned by PDHC given the creation of the PDHC pursuant to pre-
Confederation legislation to establish a harbour and related facilities on the Lands,
2. Whether the Town has the jurisdiction pursuant to the MA and the EA to acquire lands used
or intended to be used for the purposes of a harbour, such being an area of exclusive federal
jurisdiction. '
3, Whether the proposed taking of the Lands is fair, sound and reasonably necessary in the
achievement of the objectives oCthe Town,
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4. Whether the proposed expropriation of the Lands will implement the objectives of the
Town's Official Plan and the Port Darlington Neighbourhood Secondary Plan respecting the
establishment of municipal parks, the protection and enhancement of the natural heritage
system and natural heritage features, and the control of environmental protection areas,
hazard lands and the regulatory shoreline area applicable to the Lands.
5, Whether the proposed expropriation oCthe Lands is consistent with the provisions oCthe
Provincial Policy Statement (2005) ("PPS") made under section 3 oCthe PA respecting the
portion oCthe Lands that has been determined by the Ministry oCNatural Resources to be a
Provincially Significant Wetland, and the provisions oCthe PPS respecting natural heritage,
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Office of Consolidated Hearings Decision:
The Corporation of the Municipality of ClarinQton
04-164
natural hazards, and hazardous lands adjacent to the shoreline of Lake Ontario or adjacent to
rivers or streams which are impacted by flooding hazards and/or erosion hazards, as they
apply to the Lands.
6. Whether the roadways illustrated on Plan 345-1933 are owned by PDHC or the Town;
whether they are subject to the proposed expropriation, and if not, whether they should be,
Decision
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L Issues 1 and 2 - Jurisdiction
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PDHC and Wiggers called no evidence at the Hearing, relying instead on the direct examination
and cross-examination of the Town's witnesses and submissions of Counsel.
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It is a matter of record that PDHC was incOlporated by an act of the Legislative Assembly of
Upper Canada on March 4,1837, Under that legislation, the PDHC was empowered to construct
and operate a harbour and build all necessary "moles, piers, wharfs, buildings, and erections
whatsoever" on the subject lands. An 1840 amendment to the legislation extended the
geographic limits of the Port Darlington Harbour, and gave the PDHC the power to charge fees
and tolls.
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PDHC argues that the enabling 1837 statute is carried forward, under section 129 ofthe British
North America Act ("BNA Act''), in the nature of a special statute creating harbour lands at the,
mouth of Bowmanville Creek. As a principle of statutory interpretation, where a conflict arises
between a special statute and legislation of general application (such as the EA), then the
provisions of the special legislation apply, Furthermore, it is the position ofPDHC and Wiggers
that all of these lands are harbour lands, and fall under federal jurisdiction by virtue of section
91(10) of the BNA Act, This section provides that Parliament has exclusive jurisdiction over
shipping and navigation, Accordingly, it is submitted, the EA, the MA and the PA, as provincial
statutes, have no application to these Lands.
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There is no doubt from the evidence that such a harbour was constructed on the east side of
Bowmanville Creek, and that dredging operations, boat maintenance and storage operated from
those facilities, Less clear is whether such operations extended to the west side, now known as
the West Beach Lands, and fonning part of the land purported to be expropriated. There is some
evidence before the Joint Board that a small dock extends into the harbour from the west side,
and that in recent years there has been some storage of moulds and boat masts on the West Beach
Lands, However, there is no evidence before the Joint Board as to how long these items or
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Office of Consolidated Hearings Decision:
The Corporation of the Municipality of Clarinqton
04-164
facilities have been in place, or indeed, who constructed them. PDHC and Wiggers attempted to
establish that dredging operations took place on the West Beach Lands, and introduced evidence
of some intention to develop harbour facilities and associated uses on the West Beach Lands, In
the view of the Joint Board, this evidence is speculative at best, and the Joint Board is, therefore,
unable to find that PDHC's harbour facilities extend or have ever extended to the West Beach
Lands,
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This finding is significant. It is the position of the Town that the 1837 legislation is permissive
only, in that it does not require that the PDHC establish harbour facilities. Thus, since these
lands have never been used as harbour facilities, the federal government has never exercised its
authority under the navigation and shipping power Wlder section 91 (10) ofthe BNA Act, nor is
the PDHC a port authority Wlder the Canada Marine Act, S.C. 1998, The Joint Board agrees
with the Town's position.
Furthermore it is the position ofthe Town that to the extent that the EA, the AlA, the P A, the
Environmental Protection Act, and the Conservation Authorities Act conflict with the 1837
enabling statute, the latter must be considered to have been amended or repealed by special
exception. The Town refers to the case of Re Ottawa Senators Hockey Club Corp, (2003) 68
Q,R. (3d) 603. Again, the Joint Board accepts the Town's position.
In conclusion, the Joint Board finds that the Town has the jurisdiction to act Wlder the EA with
respect to the Lands,
2, Issue 3 - Fair. Sound and Reasonable
The Joint Board heard evidence from Faye Langmaid, the Town's planner; Christopher Ellwood,
a biologist with Niblett Environmental Associates Inc.; and Perry Sisson, the Director of
Engineering and Field Operations with the Central Lake Ontario Conservation Authority. The
Joint Board heard evidence of the natural heritage features ofthe Lands, and the plans of the
Town to develop a passive, waterside park. PDHC and Wiggers called no direct evidence of
their own, relying instead on the cross-examination of the Town's witnesses. In accordance with
its finding above with respect to the key jurisdiction issue, and the evidence of the planning and
environmental witnesses for the Town, the Joint Board finds that the proposed expropriation is
fair, sound and reasonable,
In coming to this conclusion, the Joint Board makes no comment on the most appropriate use of
the property, nor should this Decision be construed as a specific finding as to the highest and hest
use of the property for valuation purposes.
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Office of Consolidated Hearings Decision:
The Corporation of the Municipality of ClarinQton
04-164
3. Issues 4 and 5 - the PPS and the Official Plans
It is the position ofPDHC that the proposed use of the Lands by the Town is consistent with the
PPS and conforms with the Town's Official Plan. However, it takes this position without
prejudice to its position that other proposed uses might also be consistent with and conform to
these plarming documents,
Based on the uncontradicted evidence before it, the Joint Board finds that the proposed
expropriation by the Town, and the uses intended by it, are consistent with the PPS, and further
that the expropriation and intended uses conform to and will implement the Town's Official Plan
and the Port Darlington Neighbourhood Secondary Plan.
The Joint Board specifically makes no finding with respect to other uses, which may be intended,
4, Issue 6 - Roadways
Thete are two categories ofroadways at issue before the Joint Board,
The first comprises the roadways shown on Registered Plan 345-1933. This plan was registered
in 1933, but no lots were ever sold, This plan was subsequently deemed not to be a registered
plan of subdivision for the purposes of the PA in 1977, The plan contains a certificate ofPDHC
that it had laid out roads and that these roads were dedicated as public highways. The plan also
contains the consent of the former Town of Bowmanville, Until 1970, the Registry Act provided,
in section 91(1), that the plan would not be binding on the person registering it unless a sale had
been made according to the plan, and an order had been made by the Court on application by the
person in question.
In 1975, PDHC, in an action against Forest Arthur Dilling, sought and obtained a declaration
from the Court that it was the owner of Lot 21, Plan 345-1933, It is the position of the Town that
section 91(1) required a Court order to render the plan non-binding, and that such an order was
never obtained. Furthermore, the action by PDHC against Dilling amounted to an
acknowledgment that Plan 345-1933 was binding. The Joint Board agrees with the reasoning of
the Town. In the Joint Board's view, Plan 345-1933 remained a valid plan of subdivision
throughout all relevant periods, until the amendment of the Registry Act in 1970, The deeming
of the plan as not being a registered plan of subdivision is for P A purposes only.
The second category comprises the extension of these roadways, which are now shown as Parts 2
and 13 on Reference Plan IOR-3136. Part 2 links the roadways on Plan 345- I 933 to the present-
day dedicated roadways to the west of the West Beach Lands. The registered owner of Parts 2
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Office of Consolidated Hearings Decision:
The Corporation of the Municipality of Clarinqton
04-164
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and 13 is PDHC. The Joint Board heard evidence from Mavis Carlton and Philip Carlton, two
local residents, that these roads had been used over the years as public thoroughfares. No
evidence to the contrary was called by PDHC and Wiggers. It is the position of the Town that
this evidence is sufficient to establish that these roadways have been dedicated as public
highways. Furthermore, the Town argues that Plan 345-1933 would not have been approved by
the OMB in 1933 ifthere had not been evidence of access to the roads to the west over Part 2.
Again, the Joint Board agrees with the Town's position,
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In the Joint Board's view, the evidence supports the Town's contention that it already has
ownership of all roadways on the subject lands. For all of these reasons, therefore, the Joint
Board finds that the roadways are not the property of PDHC, and should neither be included in
the expropriation nor compensated for.
Application for Expropriation Granted
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"M. A. F, Stockton"
M, A. F, Stockton, Panel Chair
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Appendix A - List of Parties
Appendix B - Witness List
Appendix C - Exhibit List
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Office of Consolidated Hearings Decision:
The Corporation of the Municipality of ClarillQton
04-164
Appendix A
List of Parties
Proponent:
The Corporation of the Municipality of Claringfon
Counsel for the Proponent:
Dennis C, Hefferon
Dennis Hefferon Law
Royal Bank Plaza, South Tower
200 Bay Street, Suite 2600
P,O. Box 185
Toronto, ON M5J 2J4
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Parties:
Wiggers Custom Yachts Limited and
Port Darlington Harbour Company
Counsel for the Parties:
Christopher J. Williams
Aird & Bcrlis LLP
BCE Place, Suite 1800
Box 754, 18t Bay Street
Toronto, ON M5J 2T9
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Office of Consolidated Hearings Decision:
The Corporation of the Municipality of ClarinQton
04-164
Appendix B
Witness List
For the Proponent:
Faye Langmaid
Christopher Ellwood
Perry Sisson
Mavis Carlton
Philip Carlton
Nicolas Macos
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Office of Consolidated Hearings Decision:
The Corporation of the Municipality of ClarinQton
04-164
Appendix C
Exhibit List
1, Outlines of evidence to be called
2. Witness Statements
3, A, B, C: Document Books
4. Certified Copy of resolution
5. Photographs
6. Map "0" of Official Plan
7. Water Depths
8. Bowmanville-Weslside Marsh Conservation Area
9. Letter, Oep!. Fisheries & Oceans
10. Correspondence-Sep.17/90
11. Correspondence - J un 9/92
12. Notice of Hearing
13. Photograph
14. Background Report
15. Implementation Strategy
16. Appraisal Excerpts
17. CLOCA Map - flood damage
18. Correspondence - Sep, IS/OS
19, Niblett Environmental Associates Fig. 3
20, Niblett Environmental Associates Fig. 4
21. Correction letter
22, Environmental Management Plan
23. Photograph
24. Photograph
25. Witness Notes
26, Letter dated Sep, 14/06
27. Letter dated Sep. 15/06
28. Letter dated Sep. 1506
29. PIN 26646-0064
30. PIN 26646-0066
31, Reference Plan
32, Title Opinion
33. Title Deed
34, Title material
35, Letter dated Jan, 8/92
36, Title Opinion
10
THE CORPORATION OF THE MUNICIPALTIY OF CLARINGTON
BY-LAW NO, 2009-_
Attachment 5
To Report PSD-056-09
being a By-law to approve the expropliation of portions of Part Lots g and 10,
Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, Regional Municipality of Durham by the Council of
the Municipality of Clarington as the approving authority under the
Expropriations Act, and to authorize the Mayor and Municipal Clerk to execute
a Certificate of Approval under the aforesaid Act
WHEREAS the Decision and Order of the Joint Board dated December 12, 2006
approving the Municipality's proposed expropriation of certain lands located on the
westerly shore of the Bowmanville Creek at it mouth on Lake Ontario, was petitioned to
the lieutenant Governor in Council ("Cabinet") and suspended until the disposition of
the petition by the Cabinet;
AND WHEREAS by Order in Council dated March 25, 2009 Cabinet dismissed the
petition and consequently terminated its suspension of the Joint Board's Decision and
Order;
AND WHEREAS at its meeting on June 15, 2009, the Council of The Corporation of the
Municipality of Clalington considered and adopted the Reasons for Decision of the Joint
Board under the Consolidated Hearings Act dated December 12, 2006 (Case No, 04-164)
wnh a modification as Council's Reasons for its Decision to approve the expropriation of
the lands more particularly described in Schedule 'A' hereto for the purposes of a district
park;
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
1 , THAT the Council of The Corporation of the Municipality of Clarington as approving
authority under the Expropliations Act, R.S,O" 1990, c.E.26, as amended, hereby
approves the expropriation by The Corporation of the Municipality of Clarington of
the lands more particularly described in Schedule A attached to and fonming part of
this By-law,
2, THAT the Mayor and Clerk are hereby authorized on behalf of the Council of The
Corporation of the Municipality of Clarington to execute a Certificate of Approval of
the expropliation by The Corporation of the Municipality of Clalington of the lands
referred to in paragraph 1,
BY-LAW read a first time this 15th day of Junf! 2009
BY-LAW read a second time this 15h day of June 2009
BY-LAW read a third time and finally passed this 151h day of June 2009
Jim Abernethy, Mayor
Palli L Barrie, Municipal Clerk
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SCHEDULE 'A'
DESCRIPTION OF LANDS
INCLUDING PARTS 2 AND 13 ON PLAN 10R-3136
Part of Lot 28, Registered Plan No, 150, Lots 1 and 2, Lots 5to 10, inclusive, Lots 21 to
32, inclusive, Lot 34, Lots 36 to 42, inclusive, the Reserve West of Main Street and the
Reserve West of Beach Road, all according to Registered Plan No, 345, and Part of Lots 9
and 10, Broken Front Concession, fonmer Town of Bowmanville, now in the Municipality of
Clalington, Regional Municipality of Durlham, all as shown on draft Plan of Survey
prepared by Brown and Coggan, 2004, Onlario land Surveyors and on deposit with the
Municipality of Clarington, Planning Services Department, and Parts 2 and 13 on
Reference Plan 1 OR-3136, shown below.
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Attachment 6
To Report PSD-056-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO, 2009-_
being a By-law to authorize the Mayor and Municipal Clerk to executed the
Certificate of Approval allached as Schedule B to this By-law
WHEREAS at its meeting on June 15, 2009, the Council of The Corporation of the
Municipality of Clarington approved the expropriation by the Municipality of Clalington of
portions of Part Lots 9 and 10, Broken Front Concession, former Town of Bowmanville,
now in the Municipality of Clarington, Regional Municipality of Durham more particularly
described in Schedule A hereto,
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
1, THAT the Mayor and Municipal Clerk are hereby authorized on beha~ of The
Corporation of the Municipality of Clarington to execute the Certificate of
Approval contained in Schedule B allached to and forming part of this By-law,
BY-LAW read a firsttime this 15th
day of
June
2009
BY-LAW read a second time this 15th
day of
June
2009
BY-LAW read a third time and finally passed this
15th
day of June
2009
Jim Abernethy, Mayor
Patti L Barrie, Municipal Clerk
SCHEDULE 'A'
DESCRIPTION OF LANDS
INCLUDING PARTS 2 AND 130N PLAN 10R-3136
Part of Lot 28, Registered Plan No, 150, Lots 1 and 2, Lots 5 to 10, inclusive, Lots 21 to
32, inclusive, Lot 34, Lots 36 to 42, inclusive, the Reserve West of Main Street and the
Reserve West of Beach Road, all according to Registered Plan No, 345, and Part of Lots 9
and 10, Broken Front Concession, fonmer Town of Bowmanvilie, now in the Municipality of
Clalington, Regional Municipality of Durham, all as shown on draft Plan of Survey
prepared by Brown and Coggan, Ontario land Surveyors and on deposit with the
Municipality of Clarington, Planning Services Department, and Parts 2 and 13 on
Reference Plan 10R-3136, shown below_
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SCHEDULE '8'
CERTIFICATE OF APPROVAL
iN THE MA ITER OF an application by The Corporation of the Municipality of
Clarington for approval to expropriate being a By-law to approve the expropriation of Part
Lots 9 and 10, Broken Front Concession, Fonmer Town of Bowmanville, Now in the
Municipality of Clarington, Regionai Municipality of Durham by the Council of the
Municipality of Clarington as the approving autholily under the Expropriations Act, and to
authorize the Mayor and Municipal Clerk to execute a Certificate of Approval under the
aforesaid Act
The Council of The Corporation of the Municipality of Clarington hereby certifies
that approval was given to The Corporation of the Municipality of Clarington on the 29th
day of January, 2007 to expropriate, for the purposes of a district park, the lands more
particularly described in Schedule A attached to and forming part of this Certificate of
Approval, the registered owner of which is shown in the records of the Land Registry
Office for the Land Titles Division of Durham (No, 40) to be The Port Darlington Harbour
Company being the land described in the application (wtth modifications),
DATED at Bowmanville, Onlario this 15th day of
June 2009
t;
The Council of The Corporation of the
Municipality of Clarington
Jim Abernethy, Mayor
Palli L Barrie, Municipal Clerk
Attachment 7
To Report PSD-056-09
NOTICE OF DECISION AND REASONS FOR DECISION
BY THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF CLARINGTON
IN THE MATTER OF the Expropliations Act, RS,O, 1990, C,E,26, as amended;
AND IN THE MATTER OF AN APPLICATION BY THE CORPORATION OF THE
MUNICIPAL TY OF CLARINGTON for approval to expropriate portions of Part Lots 9 and
10, Broken Front Concession, fonmer Town of Bowmanville, now in the Municipality of
Clarington, Regional Municipality of Durlham,
TAKE NOTICE THAT at ~s meeting on June 15,2009, the Council of The Corporation of
the Municipality of Claring10n which is the approving authority under the Expropliations
Act, considered the Reasons for Decision of the Joint Board under the Consolidated
Hearings Act (Case No, 04-164) which were delivered to the Municipality on December 12,
2006, respecting the proposed expropriation by The Corporation of the Municipality of
Clarington of the lands more particularly described in Schedule A hereto for the purposes
of a district park,
In ~s consideration of the Joint Board's Reasons for Decision, Council noted that the Joint
Board had conducted a hearing in accordance w~h the Expropriations Act and the
Consolidated Hearings Act, In ~s Reasons for Decision the Joint Board had summalized
the evidence that was presented by the parties and had correctly made findings of fact
based on the evidence, The Joint Board found that the proposed expropliation for which
approval was sought is fair, sound and reasonably necessary in the achievement of the
objectives of the expropriating authority, The Corporation of the Municipality of Clarington,
Council considers this finding to be consistent with and supported by the evidence
adduced at the hearing, The Joint Board's reasons are adopted as the reasons of The
Corporation of the Municipality of Clalington for approving the expropriation of the
aforesaid lands, with the modification set out below, Although in the Joint Board's opinion,
Parts 2 and 13 on Reference Plan 10R-3136 are roadways owned by the Municipality, the
Parcel Registers in the Land Registry Office currently show the registered owner to be The
Port Darlington Harbour Company, as a matter of prudence, Council decided to modify the
Joint Board's Reasons for Decision before adopting them as its own reasons for decision
by including Parts 2 and 13 on Reference Plan 10R-3136 as lands the expropliation of
which Council has approved, For these reasons, the Council of The Corporation of the
Municipality of Clarington as the approving authority unde'r the Expropliations Act, decided
to approve the expropliation by The Corporation of the Municipality of Clarington, as
expropriating authority, of the lands referred to above,
A copy of the Certificate of Approval of the expropriation by the Council of The Corporation
of the Municipality of Clalington autholized by By-law No, 2009-_ passed on January
29,2007, is enclosed herewith for your infonmation,
DATED at Bowmanville, Ontario this 151h day of June 2009
The Council of The Corporation of the
Municipality of Clarington, Approving
Authority under the Expropriations Act,
Jim Abernethy, Mayor
Palli L Barrie, Municipal Clerk
SCHEDULE 'A'
DESCRIPTION OF LANDS
INCLUDING PARTS 2 AND 13 ON PLAN 10R-3136
Part of Lot 28, Registered Plan No, 150, Lots 1 and 2, Lots 5 to 10, inclusive, Lots 21 to
32, inclusive, Lot 34, Lots 36 to 42, inclusive, the Reserve West of Main Street and the
ReserVe West of Beach Road, all according to Registered Plan No, 345, and Part of Lots 9
and 10, Broken Front Concession, fonmer Town of Bowmanville, now in the Municipality of
Clalington, Regional Municipality of Durham, all as shown on draft Plan of Survey
prepared by Brown and Coggan, Ontario land Surveyors and on deposIT with the
Municipality of Clarington, Planning Services Department, and Parts 2 and 13 on
Reference Plan 10R-3136, shown below,
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Attachment 8
To Report PSD-056-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO, 2009-_
being a By-law to approve the expropriation of portions of Part Lots 9 and 10,
Broken Front Concession, fonmer Town of Bowmanville, now in the
Municipality of Clarington, Regional Municipality of Durham pursuant to the
Municipal Act, 2001, S,O, 2001
WHEREAS at its meeting on June 15, 2009, the Council of The Corporation of the
Municipality of Clarington, passed By-law 2009- _ approving the expropriation of the
lands more particularly described in Schedule A hereto,
NOW THEREFORE the Council of The Corporation of the Municipality of Ciarington
enacts as follows:
1, THAT the land more particularly described in Schedule A allached to and forming
part of this By-law the registered owner of which is shown on the Parcel
Registers in the Land Registry Office for the Land Titles Division of Durham (No,
40) to be owned in fee simple by The Port Darlington Harbour Company are
hereby expropriated for the purposes of a district park pursuant to the Municipal
Act, 2001, S,O, 2001, c,25,
BY-LAW read a first time this 15"'
day of
June
2009
BY-LAW read a second time this 15th
day of
June
2009
BY-LAW read a third time and finally passed this
15th day of June
2009
Jim Abernethy, Mayor
Patti L Barrie, Municipal Clerk
SCHEDULE 'A'
DESCRIPTION OF LANDS
INCLUDING PARTS 2 AND 13 ON PLAN 10R-3136
Part of Lot 28, Registered Plan No, ,150, Lots 1 and 2, Lots 5 to 10, inclusive, Lots 21 to
32, inclusive, Lot 34, Lots 36 to 42, inclusive, the Reserve West of Main Street and the
Reserve West of Beach Road, all according to Registered Plan No, 345, and Part of Lots 9
and 10, Broken Front Concession, fonmerTown of Bowmanville, now in the Municipality of
Clarington, Regionai Municipality of Durham, all as shown on draft Plan of Survey
prepared by Brown and Coggan, Onlario land Surveyors and on deposit with the
Municipality of Clarington, Planning Services Department, and Parts 2 and 13 on
Reference Plan 10R-3136, shown below,
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Attachment 9
To Report PSD-056-09
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO, 2009-_
being a by-law to authorize the Mayor and Clerk on behalf of the Municipality of
Clalington to execute an expropriation plan of being a By-law to approve the
expropriation of portions of Part Lots 9 and 10, Broken Front Concession,
former Town of Bowmanville, now in the Municipality of Clarington, Regional
Municipality of Durham
WHEREAS at ~s meeting on June 15, 2009, the Council of The Corporation of the
Municipality of Clarington, approved the recommendations contained in Report #PSD-
056-09, and approved the expropriation of the lands more particularly in Schedule A
hereto;
AND WHEREAS at its meeting on June 15, 2009, Council passed By-law No, 2009-
_ approving the aforesaid expropriation;
AND WHEREAS at its meeting on June 15, 2009, Council also passed By-law No,
2009-_ pursuant to the Municipal Act, 2001, S,O, 2001, c,25, as amended, to
expropriate the aforesaid lands,
NOW THEREFORE the Council of The Corporation of the Municipality of Clarington
enacts as follows:
1, THAT the Mayor and Municipal Clerk are hereby authorized on behalf of The
Corporation of the Municipality of Clarington to execute a plan of expropriation
showing the lands more particularly described in Schedule A allached to and
fonming part of this By-law, the registered owner in fee simple of which is shown
on the Parcel Registers in the Land Registry Office for the Land Titles Division of
Durham (No, 40) to be The Port Darlington Harbour Company,
2, THAT the Mayor and Municipal Clerk are authorized on behalf of The
Corporation of the Municipality of Clarington to cause the aforesaid expropriation
plan to be registered in the proper land registry office pursuant to section 9(1) of
the Expropliations Act,
BY-LAW read a first this
15'h day of
June
2009
BY-LAW read a second time this
15th day of
June
2009
BY-LAW read a third time and finally passed this
15'h day of June
2009
Jim Abernethy, Mayor
Patti L Barrie, Municipal Clerk
SCHEDULE 'A'
DESCRIPTION OF LANDS
INCLUDING PARTS 2 AND 13 ON PLAN 10R-3136
Part of Lot 28, Registered Plan No, 150, Lots 1 and 2, Lots 5 to 10, inclusive, Lots 21 to
32, inclusive, Lot 34, Lots 36 to 42, inclusive, the Reserve West of Main Street and the
Reserve West of Beach Road, all according to Registered Plan No, 345, and Part of
Lots 9 and 10, Broken Front Concession, former Town of Bowmanville, now in the
Municipality of Clarington, Regional Municipality of Durham, all as shown on draft Plan
of Survey prepared by Brown and Coggan, Ontario land Surveyors and on deposit with
the Municipality of Clalington, Planning Services Department, and Parts 2 and 13 on
Reference Plan 1 OR-3136, shown below,
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SUMMARY OF BY-LAWS
June 15, 2009
BY-LAWS
2009-078 Being a By-law to amend Zoning By-law 2005-109 of the
Municipality of Clarington (Karin Dieter) (Report PSD-054-09)
2009-079 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Dunbury Developments (Courtice) Ltd,) (PSD-057-09)
2009-080 Being a by-law to appoint individuals as Parking Enforcement
Officers for Private Property (Carole Soucie, Daniel Shohdy and
William Brookes)
2009-081 Being a By-law to approve the expropriation of portions of Part
Lots 9 and 10, Broken Front Concession, former Town of
Bowmanville, now in the Municipality of Clarington, Regional
Municipality of Durham by the Council of the Municipality of
Clarington as the approving authority under the Expropriations Act,
and to authorize the Mayor and Municipal Clerk to execute a
Certificate of Approval under the aforesaid Act
(Report PSD-056-09)
2009-082 Being a By-law to authorize the Mayor and Municipal Clerk to
executed the Certificate of Approval attached as Schedule B to
this By-law (Report PSD-056-09)
; !
2009-083 Being a By-law to approve the expropriation of portions of Part
Lots 9 and 10, Broken Front Concession, former Town of
Bowmanville, now in the Municipality of Clarington, Regional
Municipality of Durham pursuant to the Municipal Act, 2001, S,O,
2001 (Report PSD-056-09)
2009-084 Being a by-law to authorize the Mayor and Clerk on behalf of the
Municipality of Clarington to execute an expropriation plan of being
a By-law to approve the expropriation of portions of Part Lots 9
and 10, Broken Front Concession, former Town of Bowmanville,
now in the Municipality of Clarington, Regional Municipality of
Durham (Report PSD-056-09)
2009-085 (Confidential Report - Legal Matter Pertaining to Bowmanville
Creek Developments Ltd,)
2009-086 Being a by-law to authorize an agreement between the
Corporation of the Municipality of Clarington. and Lions Club,
Bowmanville, Ontario, to enter into agreement for the leased
space at 26 Beech Street, Bowmanville, ON (Report COD-041-09)
HANDOUlS/CIRCULA liONS
COUNCIL
Cl~11~;`t01i M E M O
Leading the Way
CLERK'S DEPARTMENT
To: Mayor Abernethy and Members of Council
From: Patti L. Barrie, Municipal Clerk
Date: June 15, 2009
Subject: COUNCIL AGENDA- JUNE 15, 2009
Please be advised of the following additions to tonight's meeting:
DELEGATIONS
Please note that Delegations (a) to (d), (f), and (i) to (I) as listed on the Council Agenda and
Update Memo dated June 12, 2009, pertaining to the loss of acute care services at Lakeridge
Health Bowmanville have been cancelled.
Dr. Stone, Delegation (e) will address Council tonight. Doug Allingham, Chair, Board of
Trustees, Lakeridge Health Corporation and Kevin Empey, CEO, Lakeridge Health Corporation
will be in attendance, should Council have any questions.
Attached is an updated Final List of Delegations.
~' Patti L. Barrie;-8 O
,_,,
Municipal Clerk
PLB/cf
Attachment
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
FINAL LIST OF DELEGATIONS
June 15, 2009
a) Dr. Stone -Loss of Acute Care Services at Lakeridge Health
Bowmanville (Correspondence Item I - 19)
b) Dr. Ted Bounsall or Gary Cole -Report PSD-056-09 -Reasons For
Decision of The Joint Board under the Consolidated Hearings Act and
the Expropriations Act (Case No. 04-164) respecting the Proposed
Expropriation of Certain Lands Owned by The Port Darlington
Harbour Company (Staff Report #1)
c) Belinda Helmer -Report PSD-056-09 -Reasons For Decision of The
Joint Board under the Consolidated Hearings Act and the
Expropriations Act (Case No. 04-164) respecting the Proposed
Expropriation of Certain Lands Owned by The Port Darlington
Harbour Company (Staff Report #1)
11,,"k RegiOJl
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Site Specific
Human Health and Ecological
Risk Assessment
Christopher Gilson, Ph.D.
Municipality of Clarington Council - June 15, 2009
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Generic Risk
Assessment
Site Specific vs.
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~ There are significant differences between the generic
and site specific risk assessments:
Quantitative Analysis of Existing Conditions
in the Assessment Area
Generic Background/Baseline Data
Receptor Locations Chosen from
Within the Study Area
Physica
Hypothetical Receptor Locations
Emissions Data from Comparable Facility
Constructed by Preferred Vendor
Generic EFW Emissions Data
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Risk Assessment Methodology
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+ The risk assessment followed a widely accepted
assessment framework
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Collected Baseline Data from vari
Assessment Area
ous locations within the Loca
and use,
nput,
ocations based on public
Selected receptor
location etc.
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Compiled a comprehensive list of Chemicals of Potentia
Concern that may be emitted from the facility
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Scenarios EvaJ:uated in theH,IJ:rn~n
Health a,nd Ecological Risk Assess:m:ent
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· Baseline Case
· Baseline Traffic Case
· Construction Case*
· Project Alone Case
· Project Case
· Process Upset Case
· Process Upset Project Case
· Traffic Case
· Future Case*
· Decommissioning Case*
Conce.rn
Chemicals of Potential
Benzene*
Biphenyl*
Bromod ichloromethane *
Bromoform
Bromomethane*
Carbon Tetrachloride
Chloroform
Dichlorod ifluoromethane *
1-Dichloroethene*
Dichloromethane
Ethylbenzene*
Ethylene Dibromide*
Formaldehyde*
0- T erphenyl
T etrachloroethylene*
2,4- Trichlorobenzene
1,2,4,5- Tetrachlorobenzene
2,3,4,6- T etrachlorophenol*
2,4,6- Trichlorophenol*
2,4-Dichlorophenol*
Pentachlorobenzene
Hexachlorobenzene
Pentachlorophenol
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Acenaphthylene
Acenaphthene
Anthracene
Benzo(a)anthracene
Benzo(a)pyrene
Benzo( e )pyrene
Benzo(a)f1uorene
Benzo(b )f1uorene
Benzo(b )f1uoranthene
Benzo(g,h,i)perylene
Benzo(k)f1uoranthene
Chrysene
Dibenzo( a, c )anth racene
Dibenzo(a,h )anthracene
Fluoranthene
Fluorene
Barium
Beryllium
Boron
Cadmium
Chromium (Total)
Chromium (VI)
Cobalt
Lead
Mercury (Inorganic)
Methyl Mercury
Nickel
Toluene*
1- Trichloroethane
1,
1,1,2- Trichloroethylene*
T richlorofluorometha ne
Vinyl Chloride*
m-, p-
and o-Xylenes*
Indeno(1,2,3-cd)pyrene
1-Methylnaphthalene*
2-Methylnaphthalene*
Naphthalene*
Perylene
Phenanthrene
Phosphorus
Selenium
Silver
Thallium
,Tin
Vanadium
Zinc
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Results of the Human Health Risk
Assessment
Human Health Assessments
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were evaluated in two ways:
The risks associated with inhaling EFW
risks to human receptors
Inhalation Assessment:
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air emissions
.
nhalation
ocations were evaluated for the
· 309 receptor
assessment
Multi-Pathway Assessment: The risks associated with exposure
to EFW emissions through dermal contact or ingestion of exposed
media
.
.
fish and wild game as
while swimming
contact with soil, dust
Ingestion of produce, agricultural products,
well as incidental ingestion of surface water
132 were evaluated
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Results of the Inhalation Assessment
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. Results indicate that no acute (l-hour or
24-hour) or chronic (annual) risk
estimates at the maximum ground level
concentration exceeded the regulatory
benchmark for all Project Scenarios
Results of the Human Health
Multi-Pathway Risk Assessment
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. The results of the multi-pathway
assessment indicate that exposure to
Facility-related air emissions will result
no adverse health_ effects to human .
receptors living or visiting the LRASA.
Results of the Human H,ealth
Multi-Pathway Risk Assessm,e:nt
,...
,
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. The only exceedences of regulatory benchmarks
existing conditions in the Baseline Case.
. These risks were not unexpected as any urban area in Ontario
would produce similar results. Although some risk was expected
from existing conditions, additional exceedences were seen in
the Baseline Case that were directly related to
· 1) the use of laboratory method detection limits as
environmental media concentrations, and
· 2) conservative receptor characteristics used to represent
toddler receptor consumption patterns of homegrown produce
and agricultural products.
Risk Assessment
l'OrkRcgioll
Results of the Ecological
Risk Assess'melnt
Methodolo!LY
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Ecological
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. The ecological risk assessment followed a recognized
framework incorporating guidance from various sources
including:
· Ontario Regulation 153/04 Record of Site Condition Regulation, Part
XV.1 of the Environmental Protection Act: Guidance Protocol (MOE,
2004);
A Framework for Ecological Risk Assessment (General Guidance)
(CCME, 1996);
Guidelines for Ecological Risk Assessment (US EPA, 1998); and
US EPA Screening Level Ecological Risk Assessment Protoco for
Hazardous Waste Combustion Facilities (US EPA, 1999)
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Selection of Valued Ecologi~~1
Components (VEJC$)
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life species
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included consideration of
. Selection of VECs
that were:
Indigenous to the area;
Most likely to receive the greatest exposure to contaminant
releases due to their habitat and home range;
Representative of various levels in the food web (e.g., carnivore,
herbivore, omnivore); and
Of cultural or economic significance (e.g., wild game valued for
hunting, fish important to the fisheries industry).
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Ecological Rece:ptors Considered: lin
this Assessment: Mamrima:ls
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Meadow Vole
White-tailed Deer
Red Fox
Receptors Considered .iin
this Assessment: Bird.s
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Ecological
l'OJ'k.Regioll
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Great Blue Heron
Belted Kingfisher
American Robin
Red-tailed Hawk
Wild Turkey
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Mallard Duck
Ecological Rece,ptors Considered in this
Assessment: Community Receip~QrS
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III
Terrestrial
Terrestrial Plants
lm'k Region
Exposure Pathw~ys
i rivertebrates),
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plants,
mammals,
For terrestrial wildlife receptors (i.e., birds,
may occur through the following routes:
· ith soils
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Direct contact w
Ingestion of soil, sediment,
Ingestion of plants or nt'".
and other media
For freshwater receptors (i. 1
following routes:
ii,
the so
and water
1""12Y species that have accumulated chemicals from
Inhalation
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exposure may occur through the
benthic invertebrates),
fish,
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Ingestion of sediment
Ingestion of aquatic prey
Contact with sediment
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Ingestion/contact with surface water
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Results of tihe
Risk Assessme<nt
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Ecological
Yorl,'Regioll
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of
The only exceedences of regulatory benchmarks
from existing conditions in the Baseline Case in
freshwater aquatic system for a limited number
chemicals.
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. No undue risk was predicted for ecological receptor for
any of the Project-related scenarios modeled.
Risk that
any Species at
. No undue risk was predicted for
would be found within the area.
Risk Assessme,nt
Conclusi,olns
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Ecological
York Regio"
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The use of laboratory detection limits as estimated
concentrations was considered a conservative and
protective measure in the ecological risk assessment
and for the most part resulted in Baseline Case risks
to aquatic receptors.
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· It is important to note the reported Ecological Hazard
Quotient values are expected to be generally similar to
other background areas in Ontario.
Risk Assessment
Conclus,ions
Ecological
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The combination of chemica
(Project emissions of COPC)
and non-chemical stressors
(noise, habitat alteration,
water resources), are not
expected to have an effect
on ecological receptors in
the Local Risk Assessment
Study Area.
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Concliusion
York RegiOll
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~ The site-specific risk assessment determined
that the proposed Covanta facility operating at
140,000 tonnes of MSW/year could be safely
operated at the Clarington 01 site without undue
risk to either people or the environment.