HomeMy WebLinkAbout07/13/2009
Council Meeting Minutes
JULY 13, 2009
Minutes of a regular meeting of Council held on July 13, 2009, at 7:07 p.m., in the
Council Chambers.
Prior to the start of the meeting, a moment of silence was observed to acknowledge
Private Alexandre Peloquin, Corporal Martin Dube, Corporal Nicholas Bulger, Master
Corporal Charles-Phillipe Michaud, Corporal Martin Joannette and Master Corporal
Patrice Audet, Canadian soldiers fallen in the line of duty in the last month.
Councillor Trim led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Absent: Councillor A. Foster (due to vacation)
Also Present: Chief Administrative Officer, F. Wu
Manager of Transportation and Design, L. Benson, attended
until 11:34 p.m.
Director of Community Services, J. Caruana, attended
until 11:34 p.m.
Solicitor, D. Hefferon
Manager of Special Projects, F. Langmaid, attended until 11:34 p.m.
Director of Corporate Services and Human Resources, M. Marano,
attended until 11:34 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 11:34 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended
until 11:34 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming, attended
until 11:34 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Hooper indicated that he would be stating a pecuniary interest with respect
to Staff Report #2.
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to Staff Report #6.
Council Meeting Minutes - 2 - July 13, 2009
ANNOUNCEMENTS
Councillor Novak announced that she, along with Councillors Hooper, Trim and Woo
attended the Lakeridge Health Corporation’s Annual General Meeting. Councillor
Novak was pleased to acknowledge that things are moving in the right direction.
Councillor Woo announced that local artist, Anastasia Tiller, is exhibiting “Tapestry of
sentimenT”, on display at Art space on the mezzanine level of the Clarington Public
Library, Bowmanville Branch from July 6 to August 1, 2009.
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Mayor Abernethy announced the Mayor’s 4 Annual Golf Tournament will be held on
July 16, 2009, at the Bowmanville Golf and Country Club. Mayor Abernethy advised
that sponsorships are still available and that funds raised will support the new
Ganaraska Forest Centre.
MINUTES
Resolution #C-424-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the minutes of a regular meeting of Council held on June 29, 2009, be
approved.
“CARRIED AS AMENDED”
(See following motion)
Resolution #C-425-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Resolution #C-413-09 on Page 26 of the June 29, 2009, Council minutes, be
amended to replace the name of Councillor Trim with the name of Councillor Hooper,
and to replace the name of Councillor Robinson with the name of Councillor Foster.
“CARRIED”
The foregoing Resolution #C-424-09 was then put to a vote and CARRIED AS
AMENDED.
Council Meeting Minutes - 3 - July 13, 2009
PRESENTATIONS
Dan Remollino, MTO Project Manager and Doug Allingham, Consultant Project
Manager, 407 Project Team - 407 East Environmental Assessment & Preliminary
Design Study addressed Council to provide a status update on the 407 East
Environmental Assessment & Preliminary Design Study. Mr. Allingham introduced
Dean Kemper, Preliminary Design Manager for the project through Clarington. Mr.
Allingham acknowledged that the study is comprehensive, complex and has been
carried out in a relatively short timeframe and expressed appreciation to Council and
staff for their cooperation. Through use of a PowerPoint presentation, Mr. Allingham
reviewed the Preliminary Design Activities, noting the Draft EA report and associated
reference documents are complete and available for a five-week review period, with
comments requested by July 20, 2009. Mr. Allingham provided background
information on the recommended design, indicating the Mainline from Brock Road to
Highway 35/115 is approximately 50 kilometres, there are north-south freeway links
connecting the proposed extension to Highway 401, each 10 kilometres in length, and
a 60m Right-of-Way protection for a dedicated transitway. Mr. Allingham provided a
status review of the pre-submission document. He noted there are three components
to the report with Volume 1: Main Report - Executive Summary and 12 Chapters,
Volume 2: Appendices; and, reference documents. He highlighted the information
contained in the 12 significant chapters and outlined documents included as
appendices and reference documents. Included in the reference documents are the
Problems and Opportunities Report, Transportation Alternatives Report, Route
Alternatives Report, Route Refinements and Preliminary Design Alternatives Report,
Impact Assessment Reports, Consultation Record and Natural Environment Field
Investigation Report. Next steps in the process will include revising and finalizing the
EA Report and reference documents as appropriate, taking into consideration input
received, submitting the Final EA Report to the Minister of the Environment for Formal
Review and approval this summer. Once the final EA has been submitted, written
comments will be sent directly to the Ministry of the Environment Project Officer with
copies to the Ministry of Transportation. Mr. Allingham noted the formal Ministry of the
Environment review process will encompass a minimum of 31 weeks based on no
timeouts. He also advised a Federal Screening Report is in the process of being
created with the submission of a draft report to CEAA in mid-July and a target date for
completion of a Final Report in August, 2009.
Mr. Remollino provided information on the implementation process, noting in January
2009, the Province announced that it will retain ownership and control of the 407
Eastern Extension and that the extension will be tolled to facilitate construction/
maintenance and free up funds for other transit projects. He stated a key message
from the announcement is that the Province has learned valuable lessons from
experience, that the tolling will be regulated and there will be a high quality of
customer service. Mr. Remollino stated that work is being done with respect to
implementation but that no final decisions have been made at this time. He noted that
the implementation is subject to the required environmental approvals, property
acquisition and completion of necessary works, with the objective of a 2013 opening.
Council Meeting Minutes - 4 - July 13, 2009
Mr. Remollino stated beyond the EA stage they will continue to consult with
stakeholders during the review and approval process, meet with municipalities,
regulatory agencies and the public, continue with field work and undertake design
elements to support implementation as the project proceeds. Once EA approval has
been received, consideration will be given to starting the expropriation process. Mr.
Remollino echoed the comments of Mr. Allingham thanking Council and staff for their
cooperation during the process.
Angie Darlison, Executive Director, and Peter Evans, President, Clarington Older
Adult Association, addressed Council to present the findings of the 12-Month Parking
Project. Through use of a PowerPoint presentation, Ms. Darlison and Mr. Evans
reviewed the Association’s efforts over the last 12 months responding to Municipal
staff parking recommendations and presented the Association’s findings, conclusions
and recommendations. Mr. Evans acknowledged that the Association has worked
through the list of municipal potential solutions including signage, car pooling, other
transport modes, parking on the grass, the use of parking attendants, flexible
programming and Bowmanville Tennis Club contingency parking. Mr. Evans stated
the Beech Centre has had many sold-out special events where the car park was filled
to overflowing. He stated the original parking study had suggested that some
members were not aware of parking in the south parking lot, and in response, various
signage was installed, portable signs were used and information was posted on the
electronic notice board. Mr. Evans stated an extensive carpool campaign included
COAA newsletter articles, reminders on event tickets, electronic notice board updates,
membership carpool surveys and the adoption of a distinctive logo “It’s Cool to
Carpool”, noting the Board was pleased overall with the carpooling outcome. Other
modes of transport were encouraged noting that walking was limited to physically able
residents who live nearby and was dependent on weather conditions, the Association
did not have success with securing Durham Region Transit service rerouting closer to
the Centre, drop offs were not available to most members and that taxicab service
was expensive. In response to parking on the grass, Mr. Evans noted it created up to
30 overflow spots but was not available during the winter and spring months and that
uneven terrain was cause for concern with the risk of slipping, tripping and falling and
parking on the grass was not popular with the neighbours. He confirmed that the use
of parking attendants was a positive experience that will be continued; noting
however, that there is difficulty at times securing volunteers and it requires significant
staff involvement and coordination. Mr. Evans noted tandem/valet parking was
successful for event and kitchen volunteers year round; however, it was not suitable
for general membership use. With respect to flexible programming, Mr. Evans
advised that parking capacity was introduced as a parameter in program scheduling,
daily parking requirements of regular programs were more evenly spread, anticipated
additional program space will enable staggered class start times and that the use of
satellite programming was helpful. Mr. Evans also stated that the Bowmanville Tennis
Club was provided with a listing of COAA events with some non-compliance issues
encountered. Mr. Evans advised there is still a parking capacity shortfall with only 77
on-site parking spots and with successful carpooling and other transportation modes,
the present car park can accommodate only 150 attendees and there is a need to
accommodate 250 people at the Centre during frequent high attendance events.
Council Meeting Minutes - 5 - July 13, 2009
There is inadequate overflow parking for six months of the year. Mr. Evans urged
Council to commit to developing a permanent solution to the parking shortfall, that the
solution not encroach on green space, that the existing tennis court be the preferred
option and that the Bowmanville Tennis Club be afforded the opportunity to relocate.
Mr. Evans stated he believes that the Clarington Older Adult Association will be
located at the Beech Centre for many years to come and urged Council, on behalf of
their 1000 members, to accept the report in the spirit it is given and to develop an
engineered solution to the parking problems at the Beech Centre.
DELEGATIONS
Linda Gasser addressed Council concerning Item 5 of Report #1 - Report PSD-071-09
- Durham/York Residual Waste Environmental Assessment Municipality of Clarington
Peer Review Comments on Pre-Submission. Ms. Gasser expressed concern with
changes to staff Recommendations 2 and 3 of Report PSD-071-09 which were
provided by memorandum to Council at the General Purpose and Administration
Committee meeting on July 6, 2009, in order to be consistent with the Host
Community Agreement. Ms. Gasser stated public, staff and peer review comments
have improved and strengthened the EA documents and are a benefit to the Project
Team and proponents. She is concerned that the amendment terminates staff and
peer reviewer pre-submission work, although many items are still outstanding;
precludes staff and peer reviewers from reviewing the final EA documents to ensure
that suggested changes were included; precludes responding to post submission
issues, sends the message that Clarington Council is not committed to ensuring that
the proponents and/or the Ministry of the Environment properly address issues of
concern to the municipality or build a safe facility; exposes the public and the
corporation to unidentified risks; and, wastes taxpayers money spent to date by not
allowing staff and peer reviewers to continue with important phases. Ms. Gasser
urged Council to defeat the GPA amendments and to reinstate the original staff
recommendations to permit staff and the reviewers to complete their work on the EA.
Ted Bounsall addressed Council, on behalf of the Bowmanville West Beach
Association, representing seven seasonal cottage owners, concerning
Correspondence Item D – 4 - Expropriation of the Port Darlington Harbour Company
Lands. Mr. Bounsall stated the cottage owners lease their land from the Port
Darlington Harbour Company and are hoping that they will continue to be able to
lease their cottage land from the municipality following the expropriation. Mr. Bounsall
stated the cottage owners’ lots represent only 19% of the entire area and they have no
objection to the development of the rest of the lands into parkland, and in fact, could
provide a sense of security and be the eyes and ears of the park. Mr. Bounsall
confirmed that all cottage-owners have insurance coverage and that they will continue
to maintain coverage and this could be a requirement of any lease agreement.
Council Meeting Minutes - 6 - July 13, 2009
Jean Severs addressed Council concerning Correspondence Item D – 4 -
Expropriation of the Port Darlington Harbour Company Lands. Ms. Severs spoke
personally of the history and what the west beach community, which has existed for
over a century, means to the cottage owners. She stated at one time there were 32
cottages, noting some cottagers have been coming to the beach for 60 to 80 years.
Ms. Severs stated cottage owners clear the beach of debris, cut grass, rake around
the buildings, and plant gardens. She stated because they treasure their time at the
beach, the owners were hoping to continue to use their cottages in the summer at
least until the park is developed and would cooperate fully with the municipality.
Gabbie Kirkwood and Clarke Morawetz addressed Council concerning
Correspondence Item D – 7 – Petition – “Save Camp 30”. Ms. Kirkwood stated she
started a small Facebook group to generate interest in saving Camp 30 and
developed a petition which she placed in local shops for three weeks. During that
period 700 people signed the petition in support of saving the historically significant
camp. Ms. Kirkwood feels the preservation of the site would benefit tourism and real
estate and expressed concern that future generations will not be able to experience
the site and learn Canadian history if historical sites are destroyed. Ms. Kirkwood
requested Council to consider preserving the land that played a role in Canada’s
freedom and to request that the Kaitlin Group sever the land to preserve Canada’s
heritage. Ms. Kirkwood submitted a petition in support of Saving Camp 30.
Clarke Morawetz, President, Architectural Conservancy of Ontario, Clarington Branch,
addressed Council advising he represents a new group attempting to save Camp 30
and advised their next meeting will be held on July 22, 2009, at the Sara Jane
Williams Heritage Centre.
Linda Gasser addressed Council concerning Item 3 of Business Arising from Notice of
Motion - Tabled Resolution #C-015-09 – “NoWaste by ’38 Plan”, questioning the
merits of the tabled motion as Mayor Abernethy had stated to the media that the
motion was not intended to put any policies in place; but Ms. Gasser notes that the
motion addresses matters that would require many policy changes at all levels of
government. Ms. Gasser responded to individual points outlined in the motion
indicating that developing a waste management strategy after incineration will be too
late and that the Province and the general public will not have confidence in the
Region to develop such a strategy given their decision to approve incineration, the
most expensive disposal option, and to refuse to consider cheaper, more sustainable
and flexible strategies. Ms. Gasser urged Council to defeat the motion and advised
that she and many others will continue to press the Province, Durham Region and
Clarington Council for genuine Zero Waste strategies that avoid incineration.
Council Meeting Minutes - 7 - July 13, 2009
Resolution #C-426-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended and that Louis Bertrand be permitted to
address Council regarding Item 5 of Report # 1, specifically with respect to
Attachment #14 of Report PSD-071-09 - Durham/York Residual Waste Environmental
Assessment Municipality of Clarington Peer Review Comments on Pre-Submission.
“CARRIED”
Louis Bertrand addressed Council concerning Item 3 of Business Arising from Notice
of Motion Tabled Resolution #C-015-09 – “NoWaste by ’38 Plan” stating he is baffled
as to why this motion is being brought forward at this time, in advance of a staff report
and noting that the report presented to the Region by Golder Associates in 2009 has a
plan to achieve 70% by 2011. Mr. Bertrand stated successful waste reduction
programs depend on consultation with the public and questioned how the Municipality
and the Region will convince the public that there will be frank and open discussion.
Mr. Bertrand stated incineration is the most costly and least flexible way of dealing
with residual waste and is incompatible with a Zero Waste Strategy. He encouraged
Council to investigate reduction as the way forward, as diversion is an end-of-life
solution.
Louis Bertrand addressed Council concerning Item 5 of Report # 1, specifically with
respect to Attachment #14 of Report PSD-071-09 - Durham/York Residual Waste
Environmental Assessment Municipality of Clarington Peer Review Comments on Pre-
Submission. He expressed concern that there were 31 items that should be followed-
up and checked in the final report and questioned how these items will be addressed
to the satisfaction of the reviewers if they are not able to check the final submission.
Mr. Bertrand noted there were several items the reviewers insisted should be in a
separate report. Mr. Bertrand acknowledged that most of the review points do not
substantially change the report, but that the job is not finished and stated that doing
due diligence can never be construed as opposition to a project.
Wendy Bracken addressed Council concerning Item 5 of Report #1 - Report PSD-071-
09 - Durham/York Residual Waste Environmental Assessment Municipality of
Clarington Peer Review Comments on Pre-Submission stating that she is outraged
that recommendations in the staff report were changed from adopting the report,
including the attachments, to simply referring the report to the Region and the Ministry
of the Environment, and by deleting recommendation 3 of the original report, staff and
peer reviewers have been shut down at a critical phase of assessment with many
outstanding issues needing to be addressed. She questioned what would motivate
Council to cut short the work of Clarington’s own peer reviewers, noting the intent was
to check the work of the Project Team and disagreed with the rationale provided by
the Chief Administrative Officer that the changes made were necessary as Clarington,
as a willing host, cannot oppose the project.
Council Meeting Minutes - 8 - July 13, 2009
Ms. Bracken stated the Host Community Agreement is outside of the Environmental
Assessment process and that Clarington must do its due diligence and complete the
peer review. She stated there are outstanding concerns and items that the peer
reviewers were not satisfied with the response received from the Project Team. Ms.
Bracken urged Council to reject the amendments and adopt and strengthen the
original staff recommendations.
Terry Tiller advised prior to the meeting that he would not be addressing Council.
Resolution #C-427-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to permit the PowerPoint presentation of
Doug Anderson to be installed on the Council Lectern Computer.
“CARRIED”
Resolution #C-428-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 9:14 p.m.
Doug Anderson addressed Council concerning Item 3 of Business Arising from Notice
of Motion - Tabled Resolution #C-015-09 – “NoWaste by ’38 Plan”. Mr. Anderson
commended Mayor Abernethy for proposing the motion which matches what the
public has been advocating for the past two or more years, namely, zero waste.
Through use of a PowerPoint presentation, Mr. Anderson highlighted findings of the
Deloitte Business Case which had postponed the Region’s targeted 70% diversion
rate to 2020 which effectively guarantees the 100,000 tonnes of waste per year
required to keep the incinerator operational. Mr. Anderson expressed concern with
the Deloitte case noting that if the 70% diversion rate is achieved by 2010, the
projected tonnage is less than 100,000 tonnes. Mr. Anderson stated increased
diversion is incompatible with incineration and he will be submitting his comments to
the Ministry of the Environment as part the Environmental Assessment process.
Mr. Anderson expressed concern that the Golder and Associates Report presented to
Regional Council detailing a plan to achieve 72.7% waste diversion by 2013 was
shelved and the focus was placed on incineration. Mr. Anderson expressed support
for the motion, but felt it was unfortunate it was not adopted back in January.
Council Meeting Minutes - 9 - July 13, 2009
Kerry Meydam addressed Council concerning Correspondence Item I - 6, Item 5 of
Report #1, and Items 1 & 3 of Business Arising from Notice of Motion - Energy-From-
Waste. Ms. Meydam applauded Council for attempting to keep St. Marys Cement
from burning Toronto garbage in any form but questioned why restrictions have not
been placed on other municipality’s refuse. She also questioned the rationale for
Council to approve the incinerator Environmental Assessment before all reports and
peer reviews were completed. Ms. Meydam expressed concern with the lack of any
studies regarding how the incinerator will impact on Lake Ontario by adding more
dioxins, furans, mercury and heavy metals. She also wondered why the burning of
restricted types of waste by St. Marys Cement was of such concern to Council when
burning of plastics, hazardous waste, etc. will end up in the incinerator. Ms. Meydam
confirmed that she is not in support of the St. Marys Pilot Project and has supported
the Municipality’s attempts to stop it through the present zoning restrictions but that
she is concerned with the overall issue and not just Toronto’s garbage.
Bert Kortekaas addressed Council concerning Item 5 of Report #1- Report PSD-071-
09 - Durham/York Residual Waste Environmental Assessment Municipality of
Clarington Peer Review Comments on Pre-Submission. Mr. Kortekaas expressed
concern with the capacity numbers mentioned in Report PSD-071-09 referencing
400,000 tonnes per year and feels that it would be a grave mistake to adopt the report
and to agree to any motion which would preclude Clarington Council’s involvement in
any future incinerator-related matters or concerns. Mr. Kortekaas stated Council still
has time to stand firm and protect the right of citizens to live in a clean environment
with as little risk as possible and to protect the atmosphere for future generations.
Resolution #C-429-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended and that Kristin Robinson be permitted to
address Council concerning Item 1 of Business Arising from Notice of Motion -
Burning of Toronto Garbage at St. Marys Cement Plant.
“CARRIED”
Kristin Robinson addressed Council concerning Item 1 of Business Arising from
Notice of Motion - Burning of Toronto Garbage at St. Marys Cement Plant. She
expressed concern that St. Marys will be burning plastics that produce toxic emissions
and feels that public health is more important than an experiment. She also
questioned why the Host Community Agreement includes a clause that Clarington will
receive $10 per tonne for burning Toronto garbage and suggested that the
Municipality not burn any garbage at all.
Council Meeting Minutes - 10 - July 13, 2009
COMMUNICATIONS
Resolution #C-430-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items I - 7, I - 9, I - 10, I - 12, I - 15, I - 20, I - 23, and I - 24.
“CARRIED”
I - 1 Minutes of the Energy-From-Waste Site Liaison Committee dated
May 20, 2009.
I - 2 Danielle Colliver, Community Relations Assistant, Kawartha
Conservation, forwarding informational materials regarding Drinking
Water Source Protection, a program initiated in 2006 to protect
sources of drinking water for the future, and a copy of the "Update on
Conservation", Kawartha Conservation's Newsletter, Summer 2009.
I - 3 Peter Marcucci, V.P. Regulatory Affairs, Electrical Safety Authority
(ESA), advising of the increasing number of inadvertent shock
incidents caused by faulty electrical wiring in street lights; reminding
Ontario municipalities that it is their responsibility under the Ontario
Electrical Safety Code (OESC) to maintain their street lighting poles
and inspect for potential hazards; recommending that all
municipalities examine their street lighting assets to ensure they are
safe; and, inviting staff to a symposium on August 20, 2009 on street
lighting issues to provide a forum to ask questions and learn from the
experience of other municipalities. Additional information is available
at www.esasafe.com.
I - 4 Roger Anderson, Regional Chair, Regional Municipality of Durham,
writing to the Honourable Dalton McGuinty, Premier of Ontario,
congratulating the Province on moving forward with the Green Energy
Act, welcoming the creation of the Renewable Energy Facilitation
Office as mandated under the Act; highlighting the advantages of
locating the Facilitator's Office in Durham and advising that the
Region is an ideal location to nurture and grow the new crop of green
technologies and industries; indicating that Durham Region has many
excellent locations across the Region to locate the Facilitator's Office;
and, hoping the Province will recognize the advantages of locating the
Facilitator's Office in Durham Region and inviting the Premier to
discuss the possibility further.
Council Meeting Minutes - 11 - July 13, 2009
I - 5 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on June 24, 2009, Regional Council adopted the following resolution
pertaining to the Draft Waste Management By-law Consultation Plan:
"a) THAT staff be directed to implement the consultation process as
outlined in Report No. 2009-WR-11 of the Commissioner of Works
with the area municipalities, the residents of The Regional
Municipality of Durham, and other stakeholders to receive input on
the development of a Regional Municipality of Durham Waste
Management By-law; and
b) THAT staff report back in the Fall of 2010 with a proposed
Regional Municipality of Durham Waste Management By-law
based on the input of the consultation process."
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; requesting Council to think of the
health of future generations; requesting Council to read and sign the
petition: Stop the Durham Region Incinerator at
http://www.thepetitionsite.com/tell_a_firend/4591382 and, urging
Council to support more environmentally sustainable and fiscally
responsible alternatives:
a) Nancy Coffin
b) Suzanne Prescott and Family
c) Christine Jackson
d) Adrian Horan
e) Kim Broll
f) Doug and Ellen Simpson
g) Nancy Gifford
h) Betty Crozier
I - 8 Lynn Bury, Director, Marketing and Recruitment, HealthForceOntario
Marketing and Recruitment Agency, advising as part of the
Community Partnership Program, the Agency is presently hiring a
partnership coordinator to work in each Local Health Integration
Network (LHIN) area to support and augment the work of the
community recruiters and health care organizations in physician
recruitment and health human resources planning; introducing
Amanda English, the Central East LHIN Partnership Coordinator, who
brings an impressive portfolio of public and private sector experience
to the position, with a particular emphasis on the heath care industry;
and, advising that Amanda can be reached at
a.english@healthforceontario.ca or 416-573-0211.
Council Meeting Minutes - 12 - July 13, 2009
I - 11 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on June 24, 2009, Regional Council adopted the following resolution
pertaining to an Application to amend the Durham Regional Official
Plan to permit a golf driving range facility in the prime agricultural
areas designation in the Municipality of Clarington - Amendment #130
to the Durham Regional Official Plan:
"a) THAT Amendment #130 to the Durham Regional Official Plan to
permit a golf driving range facility, as contained in Attachment 2 to
Report #2009-P-44 of the Commissioner of Planning, be adopted;
b) THAT written notice of the above decision be given pursuant to
the provisions of the Planning Act, as amended: and
c) THAT a copy of Report #2009-P-44 be forwarded to the
Municipality of Clarington, and the Ministry of Municipal Affairs and
Housing."
I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on June 24, 2009, Regional Council adopted the following resolution
pertaining to revisions to the Sewer Use By-law (43-2004) to explicitly
address the connection of foundation drains and private drains to the
sanitary sewer system:
"a) THAT Sewer Use By-law #43-2004 be revised to explicitly
address the connection of foundation drains and private drains to
the sanitary sewer system;
b) THAT the foundation Drain Policies, as outlined in Attachment
No. 2 to Report No. 2009-W-61 of the Commissioner of Works,
outlining The Regional Municipality of Durham's policies and by-
laws be issued to local municipalities within the Regional
Municipality of Durham for public display; and
c) THAT a copy of Report No. 2009-W-61 be forwarded to the local
municipalities within the Regional Municipality of Durham."
Council Meeting Minutes - 13 - July 13, 2009
I - 14 Suzanne Osborne, Participant Funding Program, Canadian
Environmental Assessment Agency, advising $150,000 is available
under the Agency’s Participation Funding Program to assist groups or
individuals in participating in the environmental assessment of the
proposed Darlington New Nuclear Power Plant Project at the existing
Darlington Nuclear site to help successful applicants review the
Environmental Impact Statement (EIS) that will be prepared by the
proponent and to prepare and participate in the public hearings to be
announced at a later date. The Participant Funding Program Guide,
the application form and the contribution agreement are available on
the Agency’s Web site at www.ceaa-acee.gc.ca. Applications
received by July 20, 2009, will be considered.
I - 16 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable John Gerretsen, Minister of the Environment, advising
that on June 24, 2009, Regional Council adopted the following
resolution pertaining to Energy-From-Waste (EFW) Risk Assessment
and Environmental Surveillance:
“a) THAT the final Site Specific Human Health Risk Assessment
(SSHHRA) for the proposed 140,000 tonnes EFW facility is
accepted and submitted to the Ontario Ministry of the
Environment for its review, if and when the EFW environmental
assessment is approved, subject to it being in concordance with
the caveats expressed in Appendix D of Report #2009-COW-01;
b) THAT if the EFW environmental assessment is approved and the
proposed EFW facility is constructed, once operational, an
environmental surveillance program is implemented in
accordance with all applicable legislation, policies, guidelines,
and instruments and the following guiding principles:
i) THAT continuous and periodic stack testing of chemical
emissions, including dioxins and furans, that meet or
exceed the more stringent of the Ontario Guidelines A-7
and EU Directive chemical emissions standards forms the
basis of environmental surveillance in accordance with the
International Best Practices Review,
ii) THAT stack testing be supplemented by independent
ambient air and soil testing for a minimum of three years at
which time its effectiveness will be evaluated,
iii) THAT independent testing of flora and fauna be considered
if in-stack, ambient air and soil test results regularly exceed
levels predicted by the SSHHRA,
Council Meeting Minutes - 14 - July 13, 2009
iv) THAT stack testing not be supplemented by human
biomonitoring, and further that in the future human
biomonitoring not be precluded as an option;
v) THAT the environmental surveillance results are
communicated to the public in as an accessible, accurate,
open, timely, transparent, and understandable a manner as
possible,
vi) THAT a Durham waste diversion and management
advisory committee, or similar advisory group, which is
appointed by and is accountable to the Regional Council, is
in place to act as a forum for, and comprises Clarington
and Durham residents and representatives from Clarington;
the EFW facility, Ontario Ministry of the Environment
(MOE), and the Region of Durham to access, monitor,
review, and advise the Region on the effectiveness of the
environmental surveillance program, independent
environmental testing, the quality of public reporting of
environmental performance of the facility, and other related
strategic waste diversion and management issues,
vii) THAT the Health Department is consulted by the MOE
before it finalizes its requirements for the Region’s
environmental surveillance program;
c. THAT the Region continue to pursue the goal of 70% waste
diversion and to advocate for amendments to the Waste
Diversion Act, 2002 to be enacted and implemented;
d. THAT the Region adequately supports the environmental
surveillance program independent environmental testing, the
public reporting of environmental surveillance data, and the work
of the proposed Durham waste diversion and management
advisory committee;
e. THAT the Minister of the Environment, Durham’s MPPs and
municipalities, Joint Waste Management Group, Site Liaison
Committee, and the Regional Municipality of York be so
advised.”
I - 17 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on June 24, 2009, Regional Council adopted the following resolution
pertaining to the Host Community Agreement – The Regional
Municipality of Durham and the Corporation of the Municipality of
Clarington:
Council Meeting Minutes - 15 - July 13, 2009
“a) THAT the Host Community Agreement between the Regional
Municipality of Durham and the Corporation of the Municipality of
Clarington be approved; and
b) THAT the Regional Chair and Clerk be authorized to execute all
required documents.”
I - 18 John R. O’Toole, MPP, Durham, thanking Council for keeping him
informed of the Highway 407 East EA and Preliminary Design Study
Pre-Submission Review; advising that due to previous commitments
th
he will not be able to attend the July 6 General Purpose and
Administration Committee meeting; and, reiterating his
disappointment that the 407 North/South connecting link is not
integrated with Holt Road.
I - 19 John R. O’Toole, MPP, Durham, providing an update regarding
nominations for the Leading Girls Building Communities Award, an
Award recognizing young women who demonstrate exceptional
leadership to improve the lives of others and champion issues that
lead to positive social change in their schools, communities or
province. Mr. O’Toole advises that the nominations will take place in
the Fall of 2009, and that he will keep the municipality informed of any
additional information provided by the Honourable Deb Matthews,
Minister Responsible for Women’s Issues.
I - 21 John R. O’Toole, MPP, Durham, forwarding a copy of a news release
from the Ontario Health Coalition regarding their report “Putting
Patients At Risk: Interviews with Ontario Paramedics on the
Consequences of Closing Local Hospital Emergency Departments”;
advising that all paramedics interviewed stated that ambulances
cannot replace the functions provided in local hospitals’ emergency
departments; and, forwarding a copy of a summary of the report
advising he would be pleased to forward a copy of the full report if
requested and that further information is available at
www.ontariohealthcoalition.ca.
I - 22 John R. O’Toole, MPP, Durham, forwarding a copy of his
correspondence to the Honourable Leona Dombrowsky, Minister of
Agriculture, Food and Rural Affairs, supporting the Municipality’s
position to request that Giant Hogweed be added to the list of noxious
weeds to enable municipalities to better control the highly invasive
plant.
Council Meeting Minutes - 16 - July 13, 2009
I - 25 David Ryan, Chair, Canadian Association of Nuclear Host
Communities (CANHC), writing to the Honourable Lisa Raitt, Minister
of Natural Resources, acknowledging the recent occurrence at the
AECL Chalk River Laboratory and its subsequent temporary closure
and potential shortage of radioisotopes for medical diagnoses and
treatment; recognizing that AECL was provided the mandate to
continue this business only until 2016 and expressing concern that
the Canadian Government may get out of the business of producing
medical radioisotopes and ultimately forsake nuclear research
entirely; urging the Federal Government not to abandon its role in
nuclear technology and respectfully requesting that the Federal
Government commit to the continuous operation of the Chalk River
Facility beyond 2016, and work towards restoring the confidence of all
involved in the nuclear industry.
I - 7 Leigh Winn-Kruck, Lakeridge Health Corporation, forwarding a copy
of the statement read by Dr. Tony Stone at the Clarington Council
meeting of June 15, 2009, confirming that Bowmanville Hospital will
continue to provide the same quality service it currently provides and
that there will be no reduction of services; that Dr. Stone or Kevin
Empey, President and CEO, Lakeridge Health Corporation only will
make public comments as discussions continue; and, requesting that
all citizens, service clubs, business and industry of Clarington pledge
their financial support for the Hospital Foundation as they move
forward with much needed renovations to the hospital.
I - 12 Tony Doyle, University of Ontario Institute of Technology (UOIT),
Leigh Winn-Kruck, Lakeridge Health Corporation, (LH) and Dr.
Ronald Stead, Holburn Biomedical Corporation, announcing that
UOIT, LH and Holborn have signed a Letter of Intent to enter into a
lab training and research partnership to develop research and training
centred on laboratory diagnostics to meet future needs for enhanced
skill sets required in modern medical laboratories. In addition to
further enhancing medical education and research in Durham Region,
it is also anticipated that the partnership will help attract other health
care and research-oriented businesses to the area.
I - 24 The Honourable David Caplan, Minister of Health and Long-Term
Care, thanking Council for sharing their views regarding acute care
services at Lakeridge Health Bowmanville; acknowledging the
commitment of Lakeridge Health Corporation to keep the Emergency
Department and acute care services at the Bowmanville hospital site;
and, encouraging Council to continue to engage Lakeridge Health
and the Central East LHIN on services for Clarington.
Council Meeting Minutes - 17 - July 13, 2009
Resolution #C-431-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item I - 7 from Leigh Winn-Kruck, Lakeridge Health
Corporation, with respect to the future of Lakeridge Health Bowmanville, be
received for information; and forwarded to Amanda English, Central East LHIN
Partnership Coordinator;
THAT Correspondence Item I - 12 from Tony Doyle, University of Ontario
Institute of Technology (UOIT), Leigh Winn-Kruck, Lakeridge Health
Corporation, (LH) and Dr. Ronald Stead, Holburn Biomedical Corporation, with
respect to medical diagnostics research and training partnership opportunity, be
received for information; and forwarded to Amanda English, Central East LHIN
Partnership Coordinator; and
THAT Correspondence Item I - 24 The Honourable David Caplan, Minister of
Health and Long-Term Care, with respect to acute care services at Lakeridge
Health Bowmanville, be received for information; and forwarded to Lakeridge
Health Corporation and to Amanda English, Central East LHIN Partnership
Coordinator.
“CARRIED”
I - 9 Fred and Sandy Archibald, Archibald Estate Winery/Cider House
Golf, expressing appreciation to Council, on behalf of Big
Brothers/Sisters of Clarington and Archibald Orchards & Estate
Winery, for supporting the 10th Annual Fruit Wine & Food Festival, an
annual culinary tourism event showcasing the talent of local chefs,
wine makers, farmers and businesses; indicating that nearly $60,000
was raised for Big Brothers and Sisters programs in the community;
and advising that this was also their last year and commending the
Municipality for recognizing the importance of offering this type of
support to local initiatives and looking forward to working together on
events such as this and continuing to build "Spirit & Community
Identity" for Clarington.
Resolution #C-432-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I – 9 from Fred and Sandy Archibald, Archibald
th
Estate Winery/Cider House Golf, with respect to the 10 Annual Fruit Wine and
Food Festival, be received for information; and
Council Meeting Minutes - 18 - July 13, 2009
THAT a letter of appreciation and certificate be forwarded to Fred and Sandy
Archibald in recognition of their outstanding contribution to Big Brothers and Big
Sisters of Clarington and support of the local agricultural community local
culinary talents.
CARRIED”
I - 10 Natalie Gorman, Ministry of Natural Resources, advising that the
Province will begin its annual wildlife rabies control operations for
2009 on August 4, 2009; highlighting planned activities for the 2009
season to control measures in the fight against the deadly rabies
virus; and, indicating further information about rabies prevention and
control operations is available by visiting the Rabies in Ontario web
site at www.ontario.ca/rabies or by calling the rabies hotline at 1-888-
574-6656.
Resolution #C-433-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item I - 10 from Natalie Gorman, Ministry of Natural
Resources, with respect to Annual Rabies Control Operations, be referred to the
Clarington Animal Advisory Committee, included in the Clarington.net
publication, and placed on the Information Board.
“CARRIED”
I - 15 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable John Gerretsen, Minister of the Environment, advising
that on June 24, 2009, Regional Council adopted the following
resolution pertaining to approvals for the design, construction,
operation and maintenance of a new Durham-York Energy-From-
Waste (EFW) Facility Project and Related Financing:
“Environmental Assessment
1. THAT Council endorse the Durham – York Residual Waste Study
Environmental Assessment (EA) as provided in Attachment #7 to
Report #2009-COW-03 and the accompanying disk (CD), and
authorize staff to submit the EA to the Ministry of the
Environment by July 31, 2009, subject to such minor adjustments
as deemed necessary by the Commissioner of Works, based
upon the on-going process, including preliminary review of
documentation by the Ministry of the Environment.
Council Meeting Minutes - 19 - July 13, 2009
2. THAT in accordance with Subsection 6.2(2) of the Environmental
Assessment Act, the Commissioner of Works be authorized to
amend or withdraw this EA at any time prior to the deadline for
completion of the Ministry review in the event that issues have
arisen with the EA during the inspection period which are too
numerous or complex to resolve within the regulated timelines.
EFW Project Agreements
The Regional Municipality of York
3. THAT authorization be given for the Region of Durham to enter
into the Memorandum of Understanding (MOU) with the Region
of York, included as Attachment #1 to Report #2009-COW-03, to
govern the process and cost sharing arrangement between the
Regions during the design, construction, operation and
maintenance of the EFW facility;
4. THAT the Regional Chair and Clerk be authorized to sign the
documents necessary to give effect to recommendation 3.
5. THAT staff be directed to commence negotiations of a formal co-
owners agreement with the Regional Municipality of York based
upon the commitments and understandings contained within the
Memorandum of Understanding (MOU) with the Region of York,
included as Attachment #1 to Report #2009-COW-03.
Ontario Power Authority (OPA)
6. THAT subject to and conditional upon, (i) the acceptance of the
Durham – York Residual Waste Study EA by the Minister of the
Environment; (ii) the execution by York Region of the proposed
MOU included as Attachment #1 to Report #2009-COW-03; and
(iii) Approval of the execution of the Project Agreement by the
Regional Council of the Regional Municipality of York:
a. THAT authorization be granted for the Region to enter into
a Power Purchase Agreement (PPA) with the Ontario
Power Authority (OPA), substantially on the terms
described herein, including an agreed upon price for the net
electricity distributed to the grid of eight (8) cents per
kilowatt hour (kWh), subject to annual escalation to be
applied to 35% of the per kWh price based upon changes in
the Consumer Price Index (CPI) as calculated from the first
anniversary of facility operations, and for each year of the
20-year term;
Council Meeting Minutes - 20 - July 13, 2009
b. THAT the Commissioner of Finance be authorized to
provide completion and performance security described in
the PPA, up to a maximum of $660,000, when required
upon execution of said agreement, to the OPA; and,
c. THAT the Regional Chair and Clerk be authorized to sign
any and all documents necessary to give effect to this
recommendation.
Project Approval, Cost and Financing Approval
7. THAT subject to and conditional upon, (i) the acceptance of the
Durham – York Residual Waste Study EA by the Minister of the
Environment; (ii) the execution by York Region of the proposed
MOU, included as Attachment #1 to Report #2009-COW-03; (iii)
a satisfactory conclusion to the negotiation of the Project
Agreement with Covanta Energy Corporation on terms consistent
with the requirements of RFP-604-2008, as determined by the
Commissioners of Works and Finance; (iv) approval of the Power
Purchase Agreement as per recommendation 6; and, (v)
Approval of the execution of the Project Agreement by the
Regional Council of the Regional Municipality of York:
a. THAT the Proposal submitted by Covanta Energy
Corporation, in response to RFP-604-2008 to design, build,
operate and maintain an Energy-From-Waste Facility, be
accepted at a facility construction price (excludes
architectural enhancements) of $235.8 million (Durham’s
share $185.3 million) and a total annual operating fee of
$14.7 million (Durham’s share $11.5 million), excluding
GST and escalation;
b. THAT Durham’s share or $214.7 million of the total project
cost of $272.5 million for the Durham – York Energy-From-
Waste facility be financed as follows:
i. Up-front financing of approximately $100.0 million
from the Region’s Federal Gas Tax Reserve Fund;
ii) Other Revenue of approximately $1.6 million (sale of
surplus land)
iii) Debentures issued for the remaining financing
requirements totaling approximately $113.1 million
with a term of approximately eight (8) years; and,
iv) The Region apply future Federal Gas Tax revenue
estimated at $17.3 million per year to retire the debt
related to its share of the project cost as noted above.
Council Meeting Minutes - 21 - July 13, 2009
c. THAT the Region of Durham or its agents be authorized to
issue debentures in the total amount not to exceed $113.1
million to finance a portion of Durham’s share of the EFW
facility;
d. THAT the Commissioner of Finance be authorized to
purchase all or a portion of the required debenture issue in
the amount of $113.1 million from the Region’s Reserve
Funds; and
e. THAT the Regional Chair and Clerk be authorized to
execute a Project Agreement consistent with the
requirements of the RFP 604-2008 and subject to
agreement on outstanding contractual issues, as
determined by the Commissioners of Works and Finance.
Other
8. THAT Regional Council approval be given to initiate
expropriation proceedings with respect to the acquisition of the
lands adjacent to the EFW facility in the Municipality of
Clarington (see Attachment #2 Site Plan to Report #2009-COW-
03) that are not acquired through negotiations, and which will be
required to be serviced in accordance with the Host Community
Agreement (HCA), as detailed in Report 2009-COW-02.
9. THAT in accordance with the Purchasing By-law 68-2000 as
amended, Finance staff be authorized to negotiate a Sole Source
Agreement with HRD Corporation for the Regions under a new
three-year contract (2010 to 2013), with two optional one-year
extension provisions, in order to provide necessary on-going
technical expertise and Project Management services and
ensure project specifications as developed by HDR, standards
and timelines are achieved through design-build and operations
start-up protocol and Acceptance Test procedures, at an upset
cost not to exceed $5.6 million (excluding applicable taxes) to be
cost-shared with York Region, and with Durham’s share ($4.4
million) to be funded through the annual Solid Waste
Management Business Plans and Budgets over a three to five
year period and the Regional Chair and Clerk be authorized to
sign any and all documents necessary to give effect to this
recommendation.
10. THAT in response to requests by members of Regional Council,
and/or as a supplement to the April 2009 Report 2009-J-18,
Regional Council receive for information:
Council Meeting Minutes - 22 - July 13, 2009
a. Addendum#34 to RFP-604-2008, included as Attachment
#3 to Report #2009-COW-03, as issued in January 2009 to
pre-qualified vendors to provide a further breakdown of the
technical, project delivery and cost and commercial
elements of the evaluation criteria which was utilized by the
Evaluation Team to determine the preferred vendor, as
recommended to, and approved by, Regional Council in
April 2009; and,
b. A final draft report from KPMG, the Region’s Fairness
Monitor, retained by York and Durham to oversee the two-
stage EFW Procurement Process and included as
Attachment #4 to Report #2009-COW-03.”
Resolution #C-434-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 15, from P. M. Madill, Regional Clerk, Region of
Durham, with respect to approvals for the design, construction, operation and
maintenance of a new Durham-York Energy-From-Waste (EFW) Facility Project
and Related Financing, be received for information.
“CARRIED”
I - 20 John R. O’Toole, MPP, Durham, writing to the Honourable James
Bradley, Minister of Transportation, forwarding correspondence from
the Municipality of Clarington re-affirming Council’s position
supporting the concept of a landscaped decorative municipal
identification display at Highway 401 overpasses in Bowmanville; and,
requesting the Minister to consider making appropriate changes in
MTO policy to allow displays for individual communities within
municipal geographic boundaries to have an entrance display on the
400 series highways, provided that the communities and the
Municipal Council were in agreement.
Resolution #C-435-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT correspondence be sent to John R. O’Toole, MPP, Durham outlining
Council’s position on the concept of landscaped decorative municipal
identification displays on Highway 401.
“CARRIED”
Council Meeting Minutes - 23 - July 13, 2009
I - 23 Neil Thomas, President, OneCAD Solutions Ltd., writing to the
Honourable George Smitherman, Minister of Energy and
Infrastructure, expressing disappointment with the Province’s decision
to suspend the competitive Request for Proposal (RFP) to procure
two replacement nuclear reactors for the Darlington Power Station;
recognizing the present and future demand for nuclear energy both in
Canada and internationally and the impact that an AECL contract will
have for Canada’s nuclear industry, the welfare of the people of
Ontario and to Ontario’s research and development industry both
public and private; and, suggesting that Ontario take a “Can Do!”
approach and work together to find a solution to get a contract
delivered now and to get Ontario working at home and exporting to
the world market.
Resolution #C-436-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT correspondence Item I - 23 from Neil Thomas, President, OneCAD
Solutions Ltd., with respect to the approach to find a solution to procure two
replacement nuclear reactors for the Darlington Power Station, be endorsed.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 7 and D - 8 were received as handouts.
Resolution #C-437-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 4, and Hand-out Correspondence Items
D - 7 and D - 8 be approved as per the agenda.
“CARRIED”
Council Meeting Minutes - 24 - July 13, 2009
D - 1 Jennifer Cowie Bonne, Chair, Play Works, forwarding the 2009
application for the Youth Friendly Community Recognition Program,
a program designed to recognize communities that actively support
and provide opportunities for the growth and development of youth
ages 13 to 19 through play; acknowledging that while the
Municipality did not meet all of the criteria required to be recognized
as youth friendly in their 2007 application, Clarington was off to a
solid start toward achieving the minimum 10 criteria; outlining the
program eligibility and criteria; and, advising the application deadline
is December 1, 2009.
(Correspondence referred to the
Director of Community Services)
D - 2 Correspondence has been received from the following
individuals/groups expressing concern with the loss of acute care
services and on site internists from Lakeridge Health Bowmanville as
proposed by the LHIN, the impact the decision will have on quality of
care and the domino effect on other services such as EMS who are
already transporting and waiting with patients in various hospitals and
the impact this may have on the number of vehicles/staff needed to
transport patients no longer able to stay in Lakeridge Health
Bowmanville; and, questioning the rationale of removing acute care
services from a thriving hospital and a growing community.
a) Viola Ashton
b) Lorraine and Harry Knox
c) Eileen Knox
d) Eric and Jenny Bowman
(Correspondence referred to all
MPP’s in Durham Region, to Kevin
Empey, CEO Lakeridge Health, to
Foster Loucks, Chairman of the
Board of Directors of Central East
Local Health Integration Network
(LHIN), and to the Honourable David
Caplan, Minister of Health and Long
Term Care)
D - 3 Christina Weddel, Michelle Woodruff and Rosanna McKee, opposing
the proposed demolition of Camp 30; and, requesting Council to do
all that is necessary to preserve the nation’s historical heritage sites
for future generations.
(Correspondence referred to the
Director of Planning Services)
Council Meeting Minutes - 25 - July 13, 2009
D - 4 Gary Cole, President, Bowmanville West Beach Association,
representing seven season cottage owners, advising that they lease
their land from the Port Darlington Harbour Company and are
concerned that once the expropriation is complete, they be allowed
to continue to lease the land on which their cottages are located;
and, advising that they have no objection to the remainder of the
lands being developed as a park and would co-operate wherever
possible in its development.
(Correspondence referred to the
Director of Planning Services)
D - 7 Gabbie Kirkwood and Clarke Morawetz submitting a Petition to Save
Camp 30 from demolition and to preserve the camp for educational
and recreational purposes.
(Petition referred to the Director of
Planning Services)
D - 8 Pauline Storks inquiring as to whether the municipality would be
interested in replanting a Christmas Tree that has been growing on
her patio for twenty years as she is moving and would like the tree to
stay alive and to share its beauty with others; and, suggesting the
lawn of the new Newcastle Library as a possible location.
(Correspondence referred to the
Chief Administrative Officer)
D - 5 Denis Lemelin, National President, Canadian Union of Postal
Workers (CUPW), advising that the advisory panel of the Canada
Post Corporation Strategic Review (CPCSR) has issued its report
examining all aspects of Canada’s postal services; indicating the
report recommends against deregulation of the public post office and
maintaining a quality, affordable universal service for all Canadians
and communities, recommending the inclusion of rural service as
part of Canada Post’s Universal Service Obligation, recommending
that the current moratorium on post office closures in rural and small
towns be replaced with new rules and procedures, including the
ability to replace public post offices with private outlets, and
legalizing international remailers; forwarding a copy of a Petition to
the House of Commons urging the government to instruct Canada
Post to maintain, expand and improve postal services; and hoping
that Council will consider passing a resolution as follows:
“WHEREAS the report of the Canada Post Corporation Strategic
Review (CPCSR) recommends that the current moratorium on post
office closures in rural and small towns be replaced with a
mechanism involving new rules and procedures, including the ability
to replace public post offices with private outlets;
Council Meeting Minutes - 26 - July 13, 2009
WHEREAS the report also recommends that rural mailbox delivery
be reconsidered;
WHEREAS these recommendations, if implemented by the federal
government, would undermine public postal service and jobs in our
community and fundamentally change the nature of Canada Post’s
retail and delivery network;
WHEREAS the report proposes that Canada Post’s highly
inadequate community consultation process be used when closing or
“rationalizing” a post office/outlet and that a similar process be used
when replacing rural mailbox delivery with delivery to a community
box, green box or post office.
BE IT RESOLVED THAT the Municipality of Clarington write to Rob
Merrifield, the Minister responsible for Canada Post, and request that
the government preserve public postal service and jobs in our
community by rejecting CPCSR recommendations that would:
1. Put an end to the moratorium on post office closures in rural and
small towns and give Canada Post the flexibility to close post
offices covered by the current moratorium or convert these public
post offices to private outlets
2. Cut delivery to rural mailboxes without exploring all options or
properly consulting with residents or the representatives of rural
delivery workers.
BE IT FURTHER RESOLVED THAT we request that Minister
Merrifield consult with the public, postal unions and other major
stakeholders to develop a uniform and democratic process for
making fundamental changes to Canada Post’s retail and delivery
network.”
Resolution #C-438-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT the resolution from the Canadian Union of Postal Workers (CUPW), with
respect to public post offices and rural delivery, be received for information.
“CARRIED”
D - 6 Liliane Nolan, CAO/Clerk, Municipality of Whitestone, advising that
on June 15, 2009, the Municipality of Whitestone adopted the
following resolution pertaining to Free Trade between the United
States and Canada:
Council Meeting Minutes - 27 - July 13, 2009
“THAT Council of the Municipality of Whitestone hereby supports the
resolution put forth by the Greater Toronto Area Countryside Mayors’
Alliance (GTACMA) at its meeting of May 22, 2009 with respect to
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 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 THAT Canadian municipalities adopt a procurement
policy that future Canada Infrastructure projects at the municipal
level, including environmental projects such as water and
wastewater treatment projects, require that any goods and material
required for the projects be bought only from companies whose
countries of origin do not impose local trade restrictions against
goods and materials manufactured in Canada to better ensure open,
fair and competitive practices across the globe;
AND FURTHER THAT a copy of this resolution be forwarded to the
Prime Minister, the Premier of Ontario, the Federal and Provincial
Ministers of Trade and Industry, M.P. Tony Clement, M.P.P. Norm
Miller, the Regions of Durham, York, Peel, and Halton, the
Association of Municipalities of Ontario (AMO) and the Canadian
Manufacturers and Exporters Association (CME).”
Resolution #C-439-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT the resolution from the Municipality of Whitestone, with respect to Free
Trade between the United States and Canada, be received for information.
“CARRIED”
Deputy Mayor Trim chaired this portion of the meeting.
Council Meeting Minutes - 28 - July 13, 2009
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report July 6, 2009.
Resolution #C-440-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of July 6, 2009, be
approved, with the exception of Items #1(b), #5, #8, #13 and #16.
“CARRIED”
Item 1(b)
Resolution #C-441-09
Moved by Mayor Abernethy, seconded by Councillor Robinson
THAT the CAO be authorized to take immediate actions to effect possible remediation
measures to balance the 2009 budget shortfall and to consider possible actions to
bring in the 2010 budget without minimal impact to the taxpayers;
THAT the immediate actions referred to in item 1 be limited to administrative and
staffing matters including any and all cost cutting measures such as temporary layoff,
elimination of positions, deferred hiring, uncommitted capital projects, and any other
measures deemed appropriate by the CAO;
THAT the CAO shall report to Council no later than the end of August with a
comprehensive report detailing all the cost cutting measures including service level
reduction and program eliminations in order to address the 2009 budget shortfall; and
THAT a Special Council meeting is hereby called for Monday, August 31, 2009 to
consider the CAO Report.
“CARRIED LATER IN THE MEETING”
(see following motion)
Resolution #C-442-09
Moved by Councillor Novak, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to allow Members of Council to speak
more than once to Resolution #C-441-09.
“MOTION LOST”
Council Meeting Minutes - 29 - July 13, 2009
The foregoing Resolution #C-441-09 was then put to a vote and CARRIED ON THE
FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Mayor Abernethy v
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy resumed the Chair.
Item 5
Resolution #C-443-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Report PSD-071-09 be received;
THAT Report PSD-071-09 including attachments #2 through #14 be forwarded to the
Region and the Ministry of the Environment;
THAT as part of the Pre-Submission Review, Clarington Staff provide comments to
the Region’s Project Team on the peer review comment dispositions to assist with
facilitating submission of the Environmental Assessment by July 31, 2009;
THAT the Region’s Project Team be requested to work closely with Clarington Staff
on the detail design of Energy Park Drive, the stormwater management works and
other Clarington Energy Business Park design details, the architectural concepts for
the Energy from Waste facility and implementation plans for development;
THAT a copy of Report PSD-071-09 and Council’s decision be forwarded to the
Region of Durham, the Region of York and Ministry of Environment; and
Council Meeting Minutes - 30 - July 13, 2009
THAT all interested parties listed in Report PSD-071-09 and any delegations be
advised of Council’s decision.
“MOTION LOST ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
Resolution #C-444-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-071-09 be received;
THAT Report PSD-071-09 including attachments #2 through #14 be forwarded to the
Region and the Ministry of the Environment;
THAT SENES, AECOM and Steven Rowe be thanked for their efforts in completing
the peer review in a timely manner;
THAT the Region’s Project Team be requested to work closely with Clarington Staff
on the detail design of Energy Park Drive, the stormwater management works and
other Clarington Energy Business Park design details, the architectural concepts for
the Energy from Waste facility and implementation plans for development;
THAT a copy of Report PSD-071-09 and Council’s decision be forwarded to the
Region of Durham, the Region of York and Ministry of Environment; and
THAT all interested parties listed in Report PSD-071-09 and any delegations be
advised of Council’s decision.
“CARRIED”
Council Meeting Minutes - 31 - July 13, 2009
Item # 8
Resolution #C-445-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-074-09 be received;
th
THAT Report PSD-074-09 and Attachment #1 as provided to Council on July 13 be
approved as the Municipality of Clarington’s comments to the Canadian Nuclear
Safety Commission on the Screening Report for the Port Granby project;
THAT Report PSD-074-09 be submitted to the Canadian Nuclear Safety Commission
at such time as the Commission releases a Public Notice advising of the holding of a
Hearing with respect to the Port Granby Screening Report; and
THAT all interested parties listed in Report PSD-074-09 and any delegations be
advised of Council’s decision.
“CARRIED”
Item #13
Resolution #C-446-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Report CLD-013-09 be received;
THAT Ingrid Saravia be appointed to the Clarington Heritage Committee;
THAT Shauna Visser be thanked for her application to the Clarington Traffic
Management Committee and advised that the vacancy on the Committee is for a
representative from Ward 1 and that her application will remain on file for
consideration should a vacancy for a Ward 4 representative occur; and
THAT the interested parties listed in Report CLD-013-09 be advised of Council's
decision.
“CARRIED”
Council Meeting Minutes - 32 - July 13, 2009
Item #16
Resolution #C-447-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Item #16 be divided to vote on Paragraph 1 and Paragraph 2 separately.
“CARRIED”
Resolution #C-448-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the delegation of Karen Buck be received with thanks.
“CARRIED”
Resolution #C-449-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the delegation of Richard Ward be received with thanks.
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Absent Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
STAFF REPORTS
Resolution #C-450-09
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report PSD-076-09 be received;
Council Meeting Minutes - 33 - July 13, 2009
THAT the request for Removal of Part Lot Control with respect to Lots 4, 5, 7, 10, 11,
13, 14 and 15 on Plan 40M-2226, be approved and that the Part Lot Control By-law
attached to Report PSD-076-09 be passed pursuant to Section 50(7.1) of the Planning
Act and a copy be forwarded to the Regional Municipality of Durham Planning
Department; and
THAT all interested parties listed in Report PSD-076 and any delegations be advised
of Council's decision.
“CARRIED”
Councillor Hooper stated a pecuniary interest with respect to Staff Report #2 –
PSD-077-09 – Assumption Agreements to permit the development of commercial
land, as he was involved in an Ontario Municipal Board Hearing with the original
owners of the property, West Diamond Properties and Metrus. Councillor Hooper
refrained from discussion and voting on this matter.
Resolution #C-451-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Report PSD-077-09 be received;
THAT the By-law attached to Report PSD-077-09 as Attachment 5 to authorize the
Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute an
Assumption Agreement with Bowmanville Investments Inc. be approved; and
THAT all interested parties listed in Report PSD-077-09 and any delegations be
advised of Council’s decision.
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Absent Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
Council Meeting Minutes - 34 - July 13, 2009
Resolution #C-452-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report COD-051-09 be received;
THAT based on the potential for incomplete service for the Senior Snow Clearing
Program due to tender bids for part of the municipality only, Council consider deferral
of the program for the winter 2009-2010 season;
THAT B.J. Flint, be advised that the tender for the 2009/2010 Senior Snow Clearing
Program is cancelled;
THAT in light of the current economic climate resulting in budgetary restraints the
2010 budget deliberations consider the future of this non-core service provision for the
2010/2011 winter season; and
THAT the low bidder, D & F Snow Removal, be advised that their bid for Senior Snow
Removal program and other service programs, is rejected on the basis of
unacceptable past service, until such time as there is proof that their service meets
acceptable Municipal standards.
“MOTION CARRIED”
(See following motion)
Resolution #C-453-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-051-09 be tabled until after the Special Council meeting scheduled
for August 31, 2009.
“MOTION LOST”
The foregoing Resolution #C-452-09 was then put to a vote and CARRIED.
Resolution #C-454-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report FND-018-09 be received; and
THAT the 2008 Draft Audited Financial Statements be approved.
“CARRIED”
Council Meeting Minutes - 35 - July 13, 2009
Resolution #C-455-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the Addendum to Report CAO-003-09 be received; and
THAT the Mayor and Municipal Clerk be authorized to execute a Suspension
Agreement as referenced in the Host Municipality Agreement, subject to its final
review by the Municipal Solicitor and that the appropriate by-law be passed.
“CARRIED”
Resolution #C-456-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Staff Report #6 – Confidential Verbal Report of the Solicitor – Compliance Audit
be referred to a closed session of Council following the Other Information Section of
the Agenda.
“CARRIED”
Resolution #C-0-457-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the meeting be extended until 12:00 midnight in order to complete the agenda.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-458-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT the Municipal Council of Clarington hereby requests the Honourable Minister of
the Environment, John Gerretsen, to not allow any burning of Toronto garbage in any
form, such as, but not limited to, organics, at the St. Marys Cement Plant located in
the Municipality of Clarington on a trial nor permanent basis. Council is confident that
the Minister will fully understand our opposition if such approval is granted;
THAT staff keep Council members fully informed of all actions regarding this issue;
and
Council Meeting Minutes - 36 - July 13, 2009
THAT copies of this resolution be sent to the Honourable John Gerretsen, Minister of
the Environment, John R. O’Toole, MPP, and Durham Region Works Department.
“CARRIED”
Resolution #C-459-09
Moved by Councillor Hooper, seconded by Councillor Woo
WHEREAS the Olympic Torch Relay Route has been scheduled to travel through the
Municipality of Clarington on the afternoon of December 16, 2009;
AND WHEREAS the Municipality welcomes this opportunity to showcase the
community:
NOW THEREFORE BE IT RESOLVED THAT the Director of Corporate Services be
authorized to purchase six street banners at a total cost of $420 plus applicable taxes
to be displayed along the route; and
THAT the necessary funds be drawn from the Unclassified Administration
Contingency Account #100-21-211-00000-7298.
“MOTION LOST”
Deputy Mayor Trim chaired this portion of the meeting.
Resolution #C-460-09
Moved by Mayor Abernethy, seconded by Councillor Hooper
THAT the following Resolution #C-015-09 which was tabled by Council on January 12,
2009, be lifted from the table:
“WHEREAS the Council of the Municipality of Clarington acknowledges that it
is a member of a two-tier municipality, the Regional Municipality of Durham,
which is bound by the Ontario Municipal Act with respect to the processing of
residential residual waste;
AND WHEREAS the Regional Municipality of Durham has a long and
successful history of developing and implementing programs that have reduced
the amount of residential waste which has been filling Ontario and Michigan
landfill sites for many decades;
AND WHEREAS the Regional Municipality of Durham has established the goal
of achieving a waste diversion of 70 percent by 2010 and that new Federal and
Provincial policies must be in place before the Region of Durham can
reasonably achieve waste diversion rates beyond 70 percent;
Council Meeting Minutes - 37 - July 13, 2009
AND WHEREAS the Municipality of Clarington encourages the Region of
Durham to continue to show leadership in the area of developing and
implementing programs that reduce the amount of residual waste that is
processed in the Region of Durham;
AND WHEREAS the Province of Ontario is taking steps to assist municipalities
in achieving higher diversion rates that would not have been possible without
Provincial involvement:
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington
requests the Ministry of the Environment to develop a Provincial strategy that
results in the increase of waste diversion rates for all municipalities in Ontario,
including a policy which requires each municipality to process all residual waste
within the boundaries of each of their respective municipal boundaries;
THAT the Region of Durham be requested to develop a formal strategic plan
which achieves “no waste in the Region of Durham by 2038”, such “NoWaste
by ’38 Plan” to include the following objectives:
1. Develop a municipal waste management strategy that the Province of
Ontario can replicate throughout Ontario;
2. Reduce the negative impact that Durham Region’s residual waste has on
the global environment, including the reduction of greenhouse gases;
3. Take a leadership role in reducing all of the residual waste that is created
within the Region of Durham, including wastes generated by the industrial,
commercial and multi-residential sectors of our communities; and
4. Reduce the long-term costs of processing the residual waste that is created
within the Region of Durham;
THAT the said Region of Durham “NoWaste by ’38 Plan” include the following
initiatives:
1. Reinstate the Waste Management Advisory/Steering Committee to
research, assess and make recommendations to the Region of Durham on
the feasibility of achieving a region-wide “no waste” solution by 2038;
2. If feasible, to recommend to Regional Council the steps necessary to
implement a “NoWaste by ’38 Plan”; and
3. If feasible, an extensive public education and communications plan in order
to achieve whatever goals that Regional Council chooses to adopt, similar
to that of the plan adopted by the City of Canberra, Australia; and
Council Meeting Minutes - 38 - July 13, 2009
THAT this resolution be forwarded to the Ontario Minister of the
Environment, the Regional Municipality of Durham, the area municipalities
within the Region of Durham, the Federal Minister of the Environment,
Provincial and Federal Members of Parliament and to the Association of
Municipalities of Ontario for consideration, action and support.”
“CARRIED”
Resolution #C-461-09
Moved by Mayor Abernethy, seconded by Councillor Hooper
WHEREAS the Council of the Municipality of Clarington acknowledges that it is a
member of a two-tier municipality, the Regional Municipality of Durham, which is
bound by the Ontario Municipal Act with respect to the processing of residential
residual waste;
AND WHEREAS the Regional Municipality of Durham has a long and successful
history of developing and implementing programs that have reduced the amount of
residential waste which has been filling Ontario and Michigan landfill sites for many
decades;
AND WHEREAS the Regional Municipality of Durham has established the goal of
achieving a waste diversion of 70 percent by 2010 and that new Federal and
Provincial policies must be in place before the Region of Durham can reasonably
achieve waste diversion rates beyond 70 percent;
AND WHEREAS the Municipality of Clarington encourages the Region of Durham to
continue to show leadership in the area of developing and implementing programs
that reduce the amount of residual waste that is processed in the Region of Durham;
AND WHEREAS the Province of Ontario is taking steps to assist municipalities in
achieving higher diversion rates that would not have been possible without Provincial
involvement:
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests
the Ministry of the Environment to develop a Provincial and Federal strategy that
results in the increase of waste diversion rates for all municipalities in Ontario,
including a policy which requires each municipality that has been delegated the
jurisdictional authority to process waste under Section 11 of Municipal Act, 2001 to
process all residual waste within the boundaries of each of their respective municipal
boundaries;
THAT the Region of Durham be requested to develop a formal strategic plan which
achieves “no waste in the Region of Durham by 2038”, such “NoWaste by ’38 Plan” to
include the following objectives:
Council Meeting Minutes - 39 - July 13, 2009
1. Develop a municipal waste management strategy that the Province of Ontario
can replicate throughout Ontario;
2. Reduce the negative impact that Durham Region’s residual waste has on the
global environment, including the reduction of greenhouse gases;
3. Take a leadership role in reducing all of the residual waste that is created within
the Region of Durham, including wastes generated by the industrial, commercial
and multi-residential sectors of our communities; and
4. Reduce the long-term costs of processing the residual waste that is created
within the Region of Durham;
THAT the said Region of Durham “NoWaste by ’38 Plan” include the following
initiatives:
1. Reinstate a new Waste Management Advisory/Steering Committee to research,
assess and make recommendations to the Region of Durham on the feasibility of
achieving a region-wide “no waste” solution by 2038;
2. If such “no waste” solution is deemed feasible, to recommend to Regional
Council the steps necessary to implement a “NoWaste by ’38 Plan”; and
3. If feasible, an extensive public education and communications plan in order to
achieve whatever goals that Regional Council chooses to adopt, similar to that of
the plan adopted by the City of Canberra, Australia and the Province of Nova
Scotia; and
THAT this resolution be forwarded to the Ontario Minister of the Environment, the
Regional Municipality of Durham, the area municipalities within the Region of
Durham, the Federal Minister of the Environment, Provincial and Federal
Members of Parliament and to the Association of Municipalities of Ontario for
consideration, action and support.
“CARRIED”
Council Meeting Minutes - 40 - July 13, 2009
UNFINISHED BUSINESS
Resolution #C-462-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Council accept the report as presented and prepared by Angie Darlison,
Executive Director and Peter Evans, President, Clarington Older Adult Association,
with much thanks and appreciation for this information and it be forwarded to the
Engineering Services Department in regards to the conclusions and recommendations
as presented by Ms. Darlison and Mr. Evans as their comments, and also that the
Finance Department, Planning Services Department, as well as Community Services
Department and Corporate Services Department be asked to report back to Council
with respect to the impacts this could have on future budgets and programming; and
THAT Engineering Services or the appropriate department from staff provide a report
on costs associated with relocation of the Bowmanville Tennis Club to one of the
several municipally owned or operated Tennis Court Facilities (Lord Elgin, Green
Park, Guildwood Park) as Ms. Darlison and Mr. Evans have suggested.
“CARRIED”
Resolution #C-463-09
Moved by Councillor Novak, seconded by Mayor Abernethy
THAT the presentation of Dan Remollino, MTO Project Manager and Doug Allingham,
Consultant Project Manager, 407 Project Team, with respect to the 407 East
Environmental Assessment & Preliminary Design Study, be received with thanks; and
THAT the Project Team be requested to consider the Municipality’s comments as
forwarded prior to the July 20, 2009, deadline.
“CARRIED”
BY-LAWS
Resolution #C-464-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT leave be granted to introduce By-laws 2009-103 to 2009-114 inclusive;
2009-103 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the former Town of Newcastle (1210191 Ontario
Inc.)
Council Meeting Minutes - 41 - July 13, 2009
2009-104 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(West Diamond Properties Ltd.)
2009-105 Being a by-law to authorize entering into an amending Agreement
with the Owner(s) of Plan of Subdivision 18T-95001, any
Mortgagee who has an interest in the said Lands and the
Municipality of Clarington in respect of 18T-95001
2009-106 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(Baysong Developments Inc.)
2009-107 Being a By-law to authorize a Municipal Access Agreement
between the Corporation of the Municipality of Clarington and Blink
Communications Inc.
2009-108 Being a By-law to amend By-law 2007-031, being a by-law to
appoint Members to the Municipal Heritage Committee (formerly
Local Architectural Conservation Advisory Committee) for the
Municipality of Clarington (Ingrid Saravia)
2009-109 Being a By-law to authorize a Letter of Understanding between the
Corporation of the Municipality of Clarington and The Radiation
Protection Service of the Ontario Ministry of Labour, to enter into
an Agreement for an Air Monitoring Site
2009-110 Being a By-law to authorize a Host Municipal Agreement between
Ontario Power Generation and the Municipality of Clarington with
respect to the Two-Unit New Nuclear New Build at Darlington
2009-111 Being a by-law to exempt certain portions of Registered Plan
40M-2226 from Part Lot Control
2009-112 Being a By-law to authorize the Mayor and the Municipal Clerk on
behalf of the Municipality of Clarington to execute an Assumption
Agreement between the Municipality and Bowmanville
Investments Inc.
2009-113 Being a By-law to authorize an Agreement to Suspend Operation
of the Clarington-Hydro Agreement
2009-114 Being a by-law to authorize the execution of a Memorandum of
Understanding between the Municipality of Clarington and the
Clarington Older Adult Centre Board for the delivery of Partnership
Programs; and
Council Meeting Minutes - 42 - July 13, 2009
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
Mayor Abernethy read a letter he received this afternoon from Mayor David Miller, City
of Toronto in which Mayor Miller indicates that he will continue to work with City of
Toronto staff to ensure no residual waste is incinerated in the Municipality of
Clarington or anywhere else in Ontario.
Resolution #C-0-465-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Mayor Abernethy be requested to write to the Honourable Rob Merrifeld,
Minister Responsible for Canada Post, requesting that rural mailbox delivery service
be maintained, and that no rural or small-town post offices be closed.
“CARRIED”
Resolution #C-466-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter that deals with litigation or
potential litigation, including matters before administrative tribunals, affecting the
municipality or local board.
“CARRIED”
Mayor Abernethy stated a pecuniary interest with respect to Staff Report #6 –
Confidential Verbal Report of the Solicitor – Compliance Audit as one of the
individuals who brought the complaint forward against the individual at the centre of
the Compliance Audit was a member of his 2006 Election Campaign, and he
competed for the position he now holds with the individual who is at the centre of the
Compliance Audit. Mayor Abernethy did not attend the closed session of Council and
refrained from discussion and voting on this matter.
Deputy Mayor Trim chaired the remainder of the meeting.
The meeting resumed in open session at 12:16 a.m.
Council Meeting Minutes - 43 - July 13, 2009
The Deputy Mayor advised that a closed meeting of Council was held in accordance
with Section 239 of the Municipal Act. One matter was considered and one resolution
pertaining to a procedural matter was passed.
Resolution #C-467-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the meeting be extended to 12:30 a.m. in order to complete the agenda.
“CARRIED”
Resolution #C-468-09
Moved by Councillor Novak, seconded by Councillor Woo
THAT the verbal report from the Municipality’s Solicitor at the Closed meeting of
Council on July 13, 2009 regarding the letter to Council from Eric K. Gillespie
Professional Corporation dated May 22, 2009 and the Application by Mr. Gillespie to
the Superior Court for mandatory relief, be received;
THAT Council advise that it has decided to approve a second auditor licensed under
the Public Accounting Act, 2004 to conduct a new compliance audit under section 81
of the Municipal Elections Act, 1996 related to the election campaign finances of
Mr. John Mutton in the 2006 municipal elections having regard to the disciplinary
proceedings of The Institute of Chartered Accountants of Ontario against Mr. James
E. Horn; and
THAT the Municipal Clerk be instructed to report to Council at its next meeting
recommending a qualified person to conduct the new compliance audit related to the
election campaign finance of Mr. John Mutton in the 2006 municipal elections.
“CARRIED”
CONFIRMING BY-LAW
Mayor Abernethy and Councillor Hooper stated pecuniary interests earlier in the
meeting and refrained from voting on the Confirming By-law.
Resolution #C-469-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT leave be granted to introduce By-law 2009-115, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 13 day of July, 2009; and
Council Meeting Minutes - 44 - July 13, 2009
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-470-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 12:20 a.m.
"CARRIED"