HomeMy WebLinkAbout10/05/2009
Council Meeting Minutes
October 5, 2009
Minutes of a regular meeting of Council held on October 5, 2009, at 7:00 p.m., in the
Council Chambers.
Councillor Woo led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Facilities Manager, G. Acorn, attended until 10:01 p.m.
Purchasing Manager, J. Barber, attended until 10:01 p.m.
Manager of Transportation and Design, L. Benson, attended until
10:01 p.m.
Manager of Communications and Marketing, J. Cooke, attended
until 7:31 p.m.
Manager of Subdivision Implementation, L. Taylor, attended
until 10:01 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 10:01 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended
until 10:01 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming,
attended until 10:01 p.m.
Deputy Clerk, A. Greentree
DISCLOSURES OF PECUNIARY INTEREST
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to the delegation of Richard Ward and Item 8 of Report #1.
Councillor Foster rose on a Point of Order stating he does not believe that
Mayor Abernethy has disclosed the nature of the conflict, if, in fact, there is a
pecuniary interest.
Mayor Abernethy responded to Councillor Foster’s Point of Order and comments
made by other Members of Council that the onus is on the individual to declare a
conflict and that he has met the requirements of the Municipal Conflict of Interest Act.
He further confirmed his position that if he perceives he has a conflict then he
declares an interest by erring on the side of caution, and that his definition of interest
is not just monetary.
Council Meeting Minutes - 2 - October 5, 2009
In response to a question, Mayor Abernethy advised the individual who worked on his
campaign is Luke Prout.
ANNOUNCEMENTS
Councillor Hooper announced the following:
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Two new businesses have opened in Bowmanville - Atkins Automotive on
Temperance Street South and My Best Friend, dog grooming business, has
relocated to Division Street.
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On Saturday, October 17, 2009, the Annual Apple Festival and Craft Sale, a
great community event, will take place featuring eight local bands, craft
vendors, contests and apple fritters, dumplings, pies, etc.
rd
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On October 17, 2009, the 23 Annual Model Railroad Show will be held at the
Bowmanville High School.
Councillor Novak announced the following:
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She accepted a plaque on behalf of the Municipality, recognizing the
Municipality’s monetary support of the 2009 Durham Children’s Groundwater
Festival.
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She attended the Durham Strategic Energy Alliance Convention held in Ajax
and referenced a full-page ad in the ReNew Canada Magazine featuring
Clarington’s community profile and providing positive information about the
Municipality.
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The Gates Open Farm Tour and Savour Durham Harvest Market and Dinner
held on October 2 and 3, 2009, were a great success.
Councillor Trim announced the following:
th
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He attended the 12 Annual Durham Children’s Groundwater Festival held at
Camp Samac for Grade 4 students and accepted a plaque on behalf of the
Region of Durham in recognition of the Region's support of the Festival.
?
He attended the Region of Durham’s Employee Long-Term Service Awards
and Retirees Banquet, an evening to honour Regional employees, which was
very well organized.
?
On October 18, 2009, from 9:00 a.m. until 1:00 p.m. the Regional Municipality
of Durham is inviting residents to drop off their electronic and electrical waste
(e-waste) for free recycling at 178 Darlington/Clarke Townline Rd. Examples
include: televisions, satellite systems, computers, monitors, printers and
accessories, fax machines, photocopiers, gaming systems, telephones, PDAs,
calculators, electronic cash registers, radios, amplifiers, turntables, stereos,
VCR and DVD players, projectors, cameras and camcorders.
Council Meeting Minutes - 3 - October 5, 2009
Mayor Abernethy announced the following:
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Today is start of Fire Prevention Week. Mayor Abernethy reminded all
Clarington residents that they are required to have working smoke alarms on all
levels of their homes and urged residents to test their smoke alarms. This
year's theme is “Stay Fire Smart”, and Fire and Emergency Services staff are
reminding residents to have a home escape plan and a designated meeting
area in case of an emergency.
?
A Special Meeting of Council has been called for Tuesday, October 13, 2009,
at 2:00 p.m. in the Council Chambers to review a Report on options for the
method of conducting the 2010 Municipal Elections and the proposed Election
Sign regulations. The meeting is open to the public and delegations will be
heard. The staff report will be available for publication late Thursday afternoon.
MINUTES
Resolution #C-548-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on September 21, 2009, be
approved.
“CARRIED”
PRESENTATIONS
Mayor Abernethy stated it was his great pleasure to have Members of the Clarington
Green Gaels Jr. "B" Lacrosse Team in attendance this evening. He noted the team
participated in the Founders Cup Jr. "B" Lacrosse National Championship Tournament
securing runner-up status. The Green Gaels had six goals called back and this is only
the third time in the 38-year history of the Founders Cup Tournament that an Ontario
Team has not been able to bring the cup home.
Peter Abramczyk adressed Council stating it was a major disappointment for the team
when the game was taken away from them. He acknowledged that the team did win
the Ontario Championship and he invited Coach Jason Crosbie to accept certificates
on behalf of those members not in attendance.
Mayor Abernethy presented Certificates to the following team members present this
evening: Connor Latimer, Curtis Knight, Ryan Degerdon, Matt Chamois, Head Coach
Jason Crosbie, Assistant Coach Dave Lundy, Trainer Kenny Johnston, and General
Manager Paul Chamois. Peter Abramczyk accepted a Certificate on behalf of
President Dave Abramczyk.
Council Meeting Minutes - 4 - October 5, 2009
Head Coach Jason Crosbie accepted Certificates on behalf of the following team
members who were not able to attend this evening: Kirby Upshaw, Jordan
Saunderson, James Shepherd, Dan Pogmore, Zach Palmer, John Lafontaine,
Ryan Serville, Eric Amodeo, Emerson Clark, Chris Cudmore, Lucas Perri, Mike Lum
Walker, Mike McCusker, Mike Power, Mitchell Wilde, Mitchell Chapman, Jesse Austin,
Shayne Jackson, Zack Higgins, Steve Bourden, Chad Tutton, Assistant Coach
Paul Stewart, Mike Bryant, and Equipment Manager Dave Murray.
Glenn Rainbird, O.C., Chair, Veridian Corporation and Michael Angemeer, President
and CEO, Veridian Corporation, addressed Council to present Veridian's Annual
Report. Mr. Rainbird advised that he would speak briefly on the productivity of
Veridian and would then call upon Mr. Angemeer to provide detailed information.
Mr. Rainbird stated the success of Veridian is not only due to its employees, but also
to the contributions of the Board Members and acknowledged Councillor Foster,
former Board Member, and Mayor Abernethy, Councillor Novak, and Howard
Edmonson, Board of Directors, Veridian Corporation and Brian Mountford, Board of
Directors, Veridian Connections Inc. Mr. Rainbird advised that these are challenging
times from an energy perspective and that Veridian sees a responsibility to play a role
in promoting a green environment. He stated Veridian is in a business that is
encouraging their customers to use less of their product but despite facing challenges,
revenues and profitability have grown. Mr. Rainbird advised that 2008 was a very
successful year and that there were no threats to the revenue stream that the
Municipality relies on as a shareholder . Mr. Rainbird stated that he was pleased to
report that the combination of dividends and interest in 2009 from Veridian will exceed
$1.8 million.
Michael Angemeer addressed Council to provide highlights of 2008 and to present the
2008 Annual Report “Smart energy. Strong communities. Bright future.”
Mr. Angemeer stated he is pleased with Veridian’s financial performance over the past
year, noting Veridian continues to be one of the most profitable utilities in the province
with among the lowest rates charged to customers. He stated despite a deteriorating
economic climate in 2008, annual earnings exceeded expectations and were almost
level with the $8.9 million earned in 2007, there was an 18.5% net income
improvement to the 2008 budget, the company paid $8.8 million in interest and
dividend payments to shareholders, no new debt was incurred, and there has been an
increase in the book value of capital assets of $.7 million which will support growth,
replace aging equipment and improve system reliability. Mr. Angemeer advised
Veridian has a 95% customer satisfaction rating and that staff have achieved over 2
million hours with no lost-time injuries. Mr. Angemeer confirmed that Veridian will play
a major role in setting new direction for the electricity industry in Ontario and is looking
to future renewable energy and other areas to increase returns to their shareholders.
He confirmed that there has been interest from other municipalities for partnership
opportunities and that Veridian is proud of its corporate responsibility to the
community in supporting Lakeridge Health Bowmanville, solar initiatives at the
Ganaraska forest, the Clarington Board of Trade and other small area charities.
Council Meeting Minutes - 5 - October 5, 2009
Mr. Angemeer summarized by stating that the Corporation is well on its way to
achieving its five-year plan and extended an invitation to Members of Council to help
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celebrate Veridian’s 10 Anniversary on November 5, 2009. Copies of the 2008
Annual Report were provided to all Members of Council.
Laurie Swami, Director, Licensing & Environment Darlington New Nuclear Project,
Ontario Power Generation addressed Council to provide an update on Ontario Power
Generation’s (OPG) Darlington New Nuclear Project. Through use of a PowerPoint
presentation, Ms. Swami provided an overview of OPG’s major milestones as part of
the federal approvals process noting on September 30, 2009, OPG submitted the
Environmental Impact Statement (EIS), the updated application for a License to
Prepare Site and initiated other Federal approvals requiring early consideration. She
noted the materials included in the EA submission consist of the main EIS and 28
Technical Support documents which were subject to independent expert peer reviews
prior to being finalized. She indicated that throughout the EA process, OPG sought
community confirmation of the work undertaken to date and input for the next steps in
the assessment. Ms. Swami advised that the EIS concludes that the New Nuclear at
Darlington Project will not result in any significant adverse environmental effects,
taking into account proposed design and mitigation measures. Ms. Swami stated
OPG’s Application for a License to Prepare Site (LTPS) is the first of three
applications demonstrating that the site is appropriate for a nuclear power plant; the
CNSC regulatory requirements are satisfied that OPG is qualified to carry out the
activity and that OPG will make adequate provision for the protection of the
environment, health and safety of persons, and maintenance of National security
measures required to implement international obligations to which Canada has
agreed. The submissions will be provided to a Federally appointed Joint Review
Panel to conduct a public and technical review of the material submitted and to
determine whether there is sufficient information to proceed with a hearing. Ms.
Swami concluded by stating that there is broad support for the project and that most
people are interested in OPG getting on with the project as is. She stated OPG will
continue to update Council during the review process and encouraged the public to
visit the kiosk in the Bowmanville Mall or view the website at www.opg.com/newbuild.
Regina Elliott, Program Manager, Infectious Disease Prevention and Control, Durham
Region Health Department, addressed Council to provide an overview of the Region’s
H1N1 (Swine) Flu Readiness Plan. Through use of a PowerPoint presentation, Ms.
Elliott reviewed the symptoms, the current status of the H1N1 flu, current statistics
including 119 cases in Durham Region and how Ontario is preparing to respond to the
nd
potential for 2 wave activity with increased severity. She noted the Province has
developed a tracking system to monitor the spread, developed a communication
campaign and has stockpiled antiviral flu medication. Ms. Elliott stated Flu
Assessment Centres, temporary additions to the health care system, will be
established, if needed, and Durham Region Health Department is coordinating
collaboration with local community partners, CHC’s and hospitals to assist with this.
Council Meeting Minutes - 6 - October 5, 2009
The seasonal flu vaccine for those 65 years and over and residents of long-term care
facilities will be available in October, the H1N1 flu vaccine will be available for priority
groups, e.g. young persons and pregnant women in November, and will be followed
by the availability of the Seasonal flu vaccination universally in December/January.
Ms. Elliott reviewed prevention measures and the use of antivirals and stated that
municipalities, organizations and business should ensure that they have plans to
continue their operations in the event of staff illness and should communicate with
staff members about changes in business operations and ensure employees know
they are expected to stay home if they are ill.
DELEGATIONS
Mayor Abernethy stated a pecuniary interest with respect to the delegation of
Richard Ward regarding Report CLD-017-09 Compliance Audit – John Mutton 2006
Election Campaign 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 vacated the Chair and
refrained from discussion and voting on this matter.
Deputy Mayor Trim chaired this portion of the meeting.
Richard Ward addressed Council concerning Item 8 of Report #1 - Report
CLD-017-09 – Compliance Audit – John Mutton 2006 Election Campaign. Mr. Ward
stated he feels the current audit of the financial return of former Mayor John Mutton
contains minor variations such as occupying a building without a permit, and that he
does not believe that a compliance audit is the only way to identify a violation and that
violations should be stand-alone. Mr. Ward questioned what the next steps will entail
if the audit verifies that the Municipal Elections Act has not be complied with and feels
that if Council investigates and prosecutes John Mutton, then Council should also
investigate the audit conducted on Mayor Abernethy’s financial statement as he feels
there are more significant violations to the election rules in Mayor Abernethy’s return
than in that of John Mutton.
Mayor Abernethy resumed the Chair.
Resolution #C-549-09
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Council recess for ten minutes.
“CARRIED”
The meeting resumed at 8:45 p.m.
Council Meeting Minutes - 7 - October 5, 2009
COMMUNICATIONS
Resolution #C-550-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items I - 2, I - 3, I - 4, I - 5, I - 8, I - 9, I - 10, I - 11, I - 14, I - 15, and I - 17.
“CARRIED”
I - 1 Minutes of the Clarington Traffic Management Advisory Committee
dated June 18, 2009.
I - 6 Debbie Gordon, Save the Oak Ridges Moraine Coalition (STORM)
advising of a number of events planned on the Oak Ridges Moraine
this fall and advising of a special train ride event taking place on
November 1, 2009, in celebration of 20 years of activism on the
Moraine.
I - 7 Chris Andersson, Clinical Coordinator, Central East Prehospital Care
Program (CEPCP), commending Council and staff, on behalf of the
CEPCP, the Paramedics of Durham Region Emergency Medical
Services, and Clarington Fire Services, for maintaining an AED
program at the Orono Arena, which was utilized in assisting a victim
of Sudden Cardiac Arrest on September 10, 2009, allowing for the
best possible care to be provided in the time period prior to
Firefighters and Paramedics arriving on the scene.
I - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to the Quarterly Report on
Planning Activities:
“a) THAT Report #2009-P-56 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2009-P-56 be forwarded to all Durham
Area Municipalities, Durham Regional Police Service, and Durham
Emergency Medical Services for information.”
I - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to proposed amendments
to regulations under the Planning Act to notify propane facility
operators of development applications:
Council Meeting Minutes - 8 - October 5, 2009
“a) THAT Report #2009-P-52 of the Commissioner of Planning be
forwarded to the Ministry of Municipal Affairs and Housing, as the
Region of Durham’s comments on the proposed amendments to
Regulations under the Planning Act, to notify propane facility
operators of development applications (EBR Registry Number
010-5183); and
b) THAT a copy of Report #2009-P-52 be forwarded to the Area
Municipalities for information.”
I - 16 Jay Dagan objecting to the proposed “Energy-From-Waste” facility
due to health risks to present and future generations and the
increasing pollution to the already compromised air shed; a number of
physicians have already expressed their opinions against incineration;
expressing concern that the Environmental Assessment did not
include Lake Ontario in the study; suggesting the severity of the issue
warrants a referendum; and, urging Council to support more
environmentally sustainable and fiscally responsible alternatives such
as the models used in Nova Scotia and Alberta.
I - 2 Minutes of the Clarington Heritage Committee dated September 15,
2009.
Resolution #C-551-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the Minutes of the Clarington Heritage Committee dated September 15,
2009 be received for information.
“CARRIED”
I - 3 The Honourable John Gerretsen, Minister of the Environment,
responding to Council’s resolution that no garbage from the City of
Toronto be allowed to be burned at the St. Marys Cement Plant;
indicating that on September 29, 2008, St. Marys Cement Inc.
submitted applications to burn only residual plastic film from
Orgaworld Canada Ltd. in London, ON and post-recycling biosolids
and residual materials from Atlantic Packaging in Whitby and
confirming that St. Marys has not requested approval to incinerate
municipal garbage from the City of Toronto; and, assuring Council
that the Ministry will advise the Municipality on any decision made
regarding the application.
Council Meeting Minutes - 9 - October 5, 2009
Resolution #C-552-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item I - 3 from the Honourable John Gerretsen, Minister
of the Environment, with respect to burning of municipal garbage from the City
of Toronto at the St. Marys Cement Plant, be received for information.
“CARRIED”
I - 4 Mayor David Miller, City of Toronto, responding to Mayor Abernethy’s
correspondence concerning the disposition of residual waste from
Orgaworld and confirming that all residue from the processing of
Toronto compost, as part of Toronto’s contract with Orgaworld, will go
to Green Lane Landfill, preventing Orgaworld from sending any
residual processed waste from Toronto’s Green Bin Program to the
St. Marys facility.
Resolution #C-553-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I - 4 from Mayor David Miller, City of Toronto, with
respect to disposition of residual waste from Orgaworld, be received for
information.
“CARRIED”
I - 5 The Honourable John Gerretsen, Minister of the Environment,
responding to Council’s correspondence of July 23, 2009, pertaining
to the “No Waste by ‘38” initiative; highlighting a number of waste
reduction and diversion efforts approved in support of moving towards
a sustainable society, including the review of the Waste Diversion Act,
2002, the approval of Waste Diversion Ontario’s Used Tire Diversion
Program; and the Waste Electrical and Electronic Equipment
Program; advising a report will be issued on the review of the Waste
Diversion Act, 2002, responding to the comments, concerns and
innovative suggestions that have been received; and, extending
appreciation to the Municipality and the Region of Durham for their
involvement in reducing Ontario’s residual waste and encouraging the
Municipalities to continue contributing to waste diversion.
Council Meeting Minutes - 10 - October 5, 2009
Resolution #C-554-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Correspondence Item I - 5 from the Honourable John Gerretsen, Minister
of the Environment, with respect to "No Waste by '38 Initiative, be received for
information; and
THAT a copy of Correspondence Item I - 5 be forwarded to the Region of
Durham and the area municipalities.
“CARRIED”
I - 8 The Honourable Rob Merrifield, P.C., M.P., responding to Council’s
correspondence of July 31, 2009, concerning rural postal services in
Clarington; advising on September 12, 2009, the Government
announced the Canadian Postal Service Charter establishing the
expectations Canadians have for Canada Post and indicating that the
provision of postal service to rural regions of the country is an integral
part of Canada Post’s universal service; and, indicating that as a
result, the Government is maintaining the moratorium on the closure
of rural post offices.
Resolution #C-555-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item I - 8 from The Honourable Rob Merrifield, P.C.,
M.P., with respect to rural postal delivery, be received for information.
“CARRIED”
I - 9 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that on
September 14, 2009, the Township of Uxbridge adopted the following
resolution pertaining to the growing gap between health services
required for our growing and aging population and the services
available:
“THAT the Council of the Township of Uxbridge support the Region of
Durham’s Resolution that the Regional Municipality of Durham plead
with the Provincial Government, the LHIN’s Lakeridge Health and the
Ministry of Health and Long Term Care to ensure that services and
treatment will be enhanced and not reduced nor withdrawn from the
Bowmanville site.”
Council Meeting Minutes - 11 - October 5, 2009
Resolution #C-556-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from the Township of Uxbridge, with respect to the growing
gap between health services required for our growing and aging population and
the services available, be endorsed.
“CARRIED”
I - 10 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to the Proposed Durham-
Based Research Innovation Centre – Support for a Durham Strategic
Energy Alliance – Lead Ontario Network of Excellence Expression of
Interest Proposal:
“a) THAT the Durham Strategic Energy Alliance (DSEA) – lead
proposal submission to the Provincial Ministry of Research and
Innovation for the creation of a Durham-based Research
Innovation Centre under the Ontario Network of Excellence, be
supported; and
b) THAT upon approval, this resolution be forwarded to all Durham
Members of Provincial Parliament, Councils of all Durham local
municipalities, and all Durham Boards of Trade and Chambers of
Commerce.”
Resolution #C-557-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT the resolution from the Region of Durham, with respect to the Proposed
Durham-Based Research Innovation Centre – Support for a Durham Strategic
Energy Alliance – Lead Ontario Network of Excellence Expression of Interest
Proposal, be endorsed.
“CARRIED”
I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to Update Report on the
first four months of operations related to the changes to waste
collection levels of service in the Townships of Brock, Scugog and
Uxbridge and the Municipality of Clarington, effective March 31, 2009:
Council Meeting Minutes - 12 - October 5, 2009
“a) THAT the Regional Municipality of Durham Works and Finance
Department staff be authorized to negotiate with Miller Waste
Systems during the Fall of 2009 to amend the existing Regional
Contract T-434-2008 for transition to 24 collection weeks for leaf
and yard waste in the Townships of Brock, Scugog and Uxbridge
with collection to commence during the Spring of 2010;
b) THAT the amended contract be subject to acceptable costs and
terms being negotiated, as determined by the Commissioners of
Works and Finance and subject to review by Legal Department
staff, with operational cost impacts to be financed through the
2010 and future Solid Waste Operating Budgets; and
c) THAT a copy of Report No. 2009-WR-17 of the Commissioner of
Works be forwarded to the Municipality of Clarington and
Townships of Brock, Scugog and Uxbridge to ensure the residents
are properly recognized for their excellent diversion efforts and
support in making this transition period a success.”
Resolution #C-558-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I - 11 from Regional Municipality of Durham, with
respect to the changes to waste collection levels of service in the Townships of
Brock, Scugog and Uxbridge and the Municipality of Clarington, be received for
information.
“CARRIED”
I - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to GO Transit Rail Service
extension from Oshawa to Bowmanville and construction of a Rail
Equipment Facility in Whitby:
“a) THAT through the planning and design of the rail service
extension from the City of Oshawa to Bowmanville, in the
Municipality of Clarington, GO Transit be requested to:
i) Undertake traffic impact assessments for each proposed new
GO Transit Station, and for the Town of Whitby maintenance
facility, to determine the appropriate access configuration and
to identify any Regional road and/or intersection
improvements required to accommodate GO Transit traffic;
Council Meeting Minutes - 13 - October 5, 2009
ii) Identify the water and sanitary sewer servicing requirements
for each station site and the Town of Whitby maintenance
facility, so the Regional Municipality of Durham can
determine the availability of services and any service
upgrades or extensions required to meet GO Transit’s needs;
iii) Consider the planned Regional road or service improvements
that may be affected by the extension of GO Transit rail
services;
iv) Enter into servicing agreements with the Regional
Municipality of Durham, or determine an acceptable
alternative arrangement, to address matters of performance,
maintenance and ownership associated with Regional road or
service improvements that will be undertaken by GO Transit
as part of the extension of GO Transit rail services;
v) Be responsible for 100 per cent of the project costs, including
improvements to Regional roads and services that are
necessary to accommodate GO Transit’s project; and
b) THAT a copy of Joint Report #2009-J-33 be provided to GO
Transit, the Town of Whitby, the City of Oshawa and the
Municipality of Clarington.”
Resolution #C-559-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item I - 14 from the Regional Municipality of Durham,
with respect to GO Transit Rail Service extension from Oshawa to Bowmanville
and construction of a Rail Equipment Facility in Whitby, be referred to the
Director of Engineering Services.
“CARRIED”
I - 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on September 23, 2009, Regional Council
adopted the following resolution pertaining to Durham Region Profile
– Demographics and Socio-Economic Data, File: D01-04
(2009-P-53):
“a) THAT Report #2009-P-53 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2009-P-53 be forwarded to all Regional
Departments, Area Municipalities, School Boards and Public
Libraries.”
Council Meeting Minutes - 14 - October 5, 2009
Resolution #C-560-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 15 from the Regional Municipality of Durham,
with respect to Durham Region Profile – Demographics and Socio-Economic
Data, be received for information.
“CARRIED”
I - 17 Gary Cole, President, West Beach Association, forwarding a
progress report, on behalf of the cottage community on the West
Beach at Port Darlington, highlighting activities that have taken place
throughout the spring and summer to improve the appearance and
condition of members’ cottages and the Beach in general; indicating
that during the summer the cottagers held their usual social events,
including card parties, barbeques, community suppers, pancake
breakfast, horseshoe tournament and screened a special showing of
the Hollywood movie “Killshot” which featured scenes that were shot
on the West Beach; and extending an invitation to Members of
Council and citizens of Clarington to visit the beach to participate in
the Association’s activities or enjoy the natural beauty, tranquility and
charm of the beach.
Resolution #C-561-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 17 from Gary Cole, President, West Beach
Association, forwarding a progress report on the West Beach, be referred to the
Director of Planning Services.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Item D – 9 was received as a hand out.
Resolution #C-562-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Correspondence Items D - 1 to D - 6 be approved as per the agenda, with the
exception of Items D - 1, D - 2 and D - 4.
“CARRIED”
Council Meeting Minutes - 15 - October 5, 2009
D - 3 Jo-Anne St. Godard, Executive Director, Recycling Council of
Ontario (RCO), forwarding an information kit including a promotional
poster and postcard and messages from Ontario’s Minister of the
Environment and RCO program sponsors to assist the Municipality in
recognizing and celebrating Waste Reduction Week in Canada and
requesting that October 19 to 25, 2009, be proclaimed as “Waste
Reduction Week”.
(Proclaimed)
D - 5 David Clark, Executive Vice President Corporate Services and CFO,
Veridian Corporation, advising that the current, second amended
versions of the Promissory notes established pursuant to transfer by-
laws passed under the Electricity Act, 1998, become due on
November 1, 2009; outlining the terms of the outstanding notes and
proposed amendments; and, proposing that a by-law confirming the
extension of the maturity date of the Outstanding Notes to
November 1, 2012 and approving the Note Amending Agreement
and the form of the applicable Third Amended and Restated
Promissory Note be passed.
(Request approved and appropriate
by-law be passed)
D - 6 Anita Stillman, expressing the importance of the Seniors’
Snowclearing service to many seniors who are unable to shovel
themselves, who are on fixed incomes, and who wish to remain living
independently; and, stating she feels that $80,000 appears to be a
small savings in the scheme of Government spending and hoping
that the program of aid for seniors in trouble will be allowed to
continue.
(To be advised of Council’s decision
with respect to Report COD-058-09)
D - 1 Clayton Morgan tendering his resignation from the Clarington Traffic
Management Advisory Committee.
Resolution #C-563-09
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence Item D - 1 from Clayton Morgan, tendering his
resignation from the Clarington Traffic Management Advisory Committee, be
received with regret and referred to the Municipal Clerk.
“CARRIED”
Council Meeting Minutes - 16 - October 5, 2009
D - 2 Correspondence has been received from the following individuals
advising the Bowmanville Tennis Club is part of Bowmanville’s
historic core providing a first class outdoor sport facility maintained at
no cost to the municipality; expressing concern with the potential loss
of the Bowmanville Tennis Courts and the expansion of parking into
the local community park as a solution to the parking problems
experienced by the Older Adult Association; suggesting the Older
Adult Association consider satellite locations to expand their
programming; and, urging Council to recognize the club’s historic and
community value and to find another solution to the parking problem.
a) Andrew S. James
b) June and Steve Schultz
c) Nancy and Stephen Kalotai
d) Laurie Lafrance, Kevan Goble and Family
e) Janet Rice
f) Kelly Knight
g) Scott Kelly
Resolution #C-564-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item D - 2 from Andrew S. James, June and Steve
Schultz, Nancy and Stephen Kalotai, Laurie Lafrance, Kevan Goble and
Family, Janet Rice, Kelly Knight, and Scott Kelly, with respect to the
Bowmanville Tennis Courts, be referred to staff.
“CARRIED”
D - 4 James Slyfield advising that he had previously expressed his
concerns regarding the Middle Road realignment, as part of the
Highway 407 project,; acknowledging that he met briefly with staff
and a representative of an agent of the Ministry of Transportation
and that the Planning Department expected the Ministry of
Transportation to complete the road realignment design and address
the consequent impacts on adjacent neighbours; indicating that to
date there has been no direct consultation with himself or any of his
neighbours concerning road realignment, road elevation changes,
existing road removal and re-landscaping, driveway design, driveway
reconstruction, land ownership concerns or other matters; and listing
a number of major concerns he is requesting to be addressed and
resolved prior to the Ministry of Transportation taking steps to
acquire the property they are planning to expropriate from his land.
Council Meeting Minutes - 17 - October 5, 2009
Resolution #C-565-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item D -4 from James Slyfield regarding the Highway
407 project, be referred to the Director of Engineering Services, the Director of
Planning Services and the Ministry of Transportation.
“CARRIED”
D - 7 Martha Hendrikx and Joan Kimball, Newcastle Santa Parade
Committee, expressing concern with the budget cuts and new
chargeable fee of approximately $1,250 for the set up and take down
costs of the parade; indicating that there is no funding available in
the Parade budget and very limited time to revise the budget and
locate extra funds; and, requesting that Council waive these fees for
the 2009 Newcastle Santa Parade, given the high cost compared to
the parade budget as a whole.
Resolution #C-566-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the request from Martha Hendrikx and Joan Kimball, Newcastle Santa
Parade Committee to waive the set up and take down costs of the Newcastle
Santa parade be received for information.
“CARRIED”
D - 8 Sandra Sherk, Executive Director, Credit Counselling Services of
Durham Region, (CCSRD), an accredited agency providing
assistance to families and individuals in dealing with financial
challenges; advising of the increase in demand for service as a result
of these trying economic times and the difficulty CCSDR is
experiencing in trying to find funding to operate their services; and,
requesting Council’s assistance in helping the CCSDR to find
ongoing funding to continue offering much-needed services to the
people of the communities they serve.
Council Meeting Minutes - 18 - October 5, 2009
Resolution #C-567-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item D – 8 from Sandra Sherk, Executive Director,
Credit Counselling Services of Durham Region, (CCSRD), requesting financial
assistance to operate their services, be received for information.
“CARRIED”
D - 9 Don Cooper, President, Poppy Chairman, Royal Canadian Legion
Branch 178, regarding the following matters:
a) advising the Legion has been approached with a proposal to
use their property to build a new Legion with up to 30 units
above for seniors and disabled persons, under the Canada-
Ontario Affordable Housing Program; requesting comments on
the project and on how the municipality would be able to help
the Legion financially; and,
b) requesting Council to exempt the fees that the Legion will now
have to pay for special event services under Resolution
C-471-09 for the Remembrance Day Parades as Veterans feel
this is an unjust fee and that they are upset that the
Municipality wants to charge the Legion for remembering the
men and women who fought and died for Canada’s freedom;
and, requesting exemption for the Road Occupancy Costs for
the Newtonville, Orono, Newcastle and Bowmanville
Remembrance Day Parades.
Resolution #C-568-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item D – 9 from Don Cooper, Royal Canadian Legion
Branch 178, with respect to a housing proposal and request for exemption of
special event services costs and Road Occupancy Costs, be referred to staff.
“CARRIED”
Council Meeting Minutes - 19 - October 5, 2009
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report September 28,
2009.
Resolution #C-569-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of September 28,
2009, be approved, with the exception of Item #8.
“CARRIED”
Mayor Abernethy stated a pecuniary interest with respect to Item 8 of Report #1 –
Report CLD-017-09 Compliance Audit – John Mutton 2006 Election Campaign 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 vacated the Chair and refrained from discussion
and voting on this matter.
Deputy Mayor Trim chaired this portion of the meeting.
Item #8
Resolution #C-570-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report CLD-017-09 be received;
THAT, in accordance with section 81(4) of the Municipal Elections Act, Bernard G.
Nayman Chartered Accountant be appointed to conduct a second compliance audit of
John Mutton’s 2006 Mayoral Campaign; and
Council Meeting Minutes - 20 - October 5, 2009
THAT the interested parties listed in Report CLD-016-09 be advised of Council’s
decision.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Woo v
Councillor Trim v
Mayor Abernethy v
Mayor Abernethy resumed the Chair.
STAFF REPORTS
Resolution #C-571-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report COD-059-09 be received;
THAT Ambler & Co. Inc., Mississauga, Ontario, with a total revised bid in the amount of
$136,145.00 (plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2009-37, be awarded the contract for the
Solina Road Drainage Improvements, as required by the Engineering Department;
THAT Part B (Ditching –“Farmers Field”) of the above contract be deferred pending
satisfactory negotiations with the property owner;
THAT funds required in the amount of $153,000.00 (which includes $136,145.00
tendering, design, contract administration and contingencies) be drawn from Account
#110-32-330-83352-7401;
THAT the additional funds in the amount of $53,000.00 required to complete the
project be transferred from the unspent funds from 2008 Capital for the Beech Avenue
Reconstruction;
THAT staff be authorized to proceed with Part B of the contract pending successful
negotiations with the property owner; and
Council Meeting Minutes - 21 - October 5, 2009
THAT the By-law marked Schedule “A” attached to Report COD-059-09 authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
“CARRIED”
Resolution #C-572-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Report COD-060-09 be received;
THAT Coco Paving Inc., Oshawa, Ontario, with a total revised bid in the amount of
$2,099,521.95 (plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Tender CL2009-38, be awarded the contract for the
Concession Road 6 Rehabilitation, as required by the Engineering Department;
THAT funds required in the amount of $2,461,000.00 (which includes $2,099,521.95
tendering, design contract administration and contingencies) be drawn from Account
#110-32-330-83402-7401; and
THAT the By-law marked Schedule “A” attached to Report COD-060-09 authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
“CARRIED”
Resolution #C-573-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Staff Report #3 – Confidential Verbal Report of the Chief Administrative Officer
regarding a Personnel Matter be referred to a closed session of Council to be
considered after the Other Information Section of the Agenda.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-574-09
Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS, the Municipality of Clarington’s largest source of revenue is obtained from
property taxation;
AND WHEREAS, Clarington Council is concerned about ensuring that non-residential
growth from new construction is placed on the roll in time for the 2009 roll returned for
the 2010 tax year;
Council Meeting Minutes - 22 - October 5, 2009
AND WHEREAS, at present time, MPAC is behind in processing Municipality of
Clarington’s non-residential property assessments;
AND WHEREAS, it is essential for 2010 budget purposes to ease the tax burden on
the residential taxpayers by ensuring the new non-residential properties are entered
onto the tax roll as soon as possible through the MPAC process;
NOW THEREFORE be it resolved that the Council of the Municipality of Clarington
request MPAC to place a priority on Clarington’s new non-residential property
assessments so that these properties will be on the returned roll at the end of 2009 for
2010 taxation;
AND FURTHER that this resolution be forwarded to Mr. Michael Porporo, Municipal
Relations Representative, Municipal Property Assessment Corporation (MPAC) and
John O’Toole, MPP, Durham.
“CARRIED”
Resolution #C-575-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the following resolution #C-452-09 be reconsidered:
“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.”
“CARRIED”
Council Meeting Minutes - 23 - October 5, 2009
Resolution #C-576-09
Moved by Councillor Robinson 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.
“PARAGRAPHS 1 to 4 LOST,
PARAGRAPH 5 CARRIED”
(See following motions)
Resolution #C-577-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the foregoing Resolution #C-576-09 be divided to vote on Paragraphs 1 to 4
separately from Paragraph 5.
“CARRIED”
The vote on Paragraphs 1 to 4 “LOST ON THE FOLLOWING RECORDED
VOTE”:
Council Member Yes No 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 - 24 - October 5, 2009
Resolution #C-578-09
Moved by Councillor Trim, seconded by Councillor Robinson
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.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-579-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report CLD-019-09 be received;
THAT a letter of support be forwarded to Show Kids You Care.
“CARRIED”
Resolution #C-580-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report COD-058-09 be lifted from the table.
“CARRIED”
Resolution #C-581-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report COD-058-09 be received;
THAT Council provide direction with respect to the provision of the senior’s and
disabled snow clearing services;
THAT, should Council elect to provide the service for the 2009-2010 season by means
of contracted services the Manager of Purchasing be authorized to proceed with a bid
solicitation process for the provision of the senior’s and physically disabled sidewalk
snow clearing service for all Clarington areas and report back with the bid results at
the earliest possible date;
Council Meeting Minutes - 25 - October 5, 2009
THAT Council provide direction with respect to the application of and the amount of an
annual fee to be charged for the provision of the service; and
THAT Margaret H. Polman, and other interested parties on record, be advised of
Council’s decision.
“CARRIED AS AMENDED”
(See following motions)
Resolution #C-582-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the foregoing resolution #C-581-09 be amended to delete paragraphs 2, 3 and
4 and replace with the following:
2. THAT staff be directed to provide a modified version of our previous Senior and
Physically Disabled Sidewalk Snow Clearing Service on the basis of the
following:
a) the property owner would register with the Municipality for the service;
and
b) there would be an annual administration fee to be pre-paid at the time of
registering for the service.
3. THAT the Manager of Purchasing be authorized to proceed with a bid
solicitation process for the provision of the senior’s and physically disabled
sidewalk snow clearing service for all Clarington areas and report back on the
bid results at the earliest possible date;
4. THAT the annual administration fee for the 2009/2010 Senior and Physically
Disabled Sidewalk Snow Clearing Service be $75 per registered property.
“CARRIED AS AMENDED”
(See following motion)
Council Meeting Minutes - 26 - October 5, 2009
Resolution #C-583-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the foregoing resolution C-582-09 be amended to insert the word ‘windrow’
after the word ‘sidewalk’ in Paragraphs 2, 3 and 4.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”
Council Member Yes No 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
Resolution #C-582-09 was then put to a vote and “CARRIED AS AMENDED ON THE
FOLLOWING RECORDED VOTE”:
Council Member Yes No 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
The foregoing Resolution #C-581-09, as amended, was then put to a vote and
“CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE”:
Council Member Yes No 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 - 27 - October 5, 2009
Resolution #C-584-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT the presentations of Glenn Rainbird, O.C., Chair, Veridian Corporation and
Michael Angemeer, President and CEO, Veridian Corporation; Laurie Swami, Director,
Licensing & Environment Darlington New Nuclear Project, Ontario Power Generation;
and, Regina Elliott, Durham Region Health Department, be received with thanks.
“CARRIED”
BY-LAWS
Resolution #C-585-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-131 to 2009-142 inclusive;
2009-131 Being a By-law to approve and authorize the execution of a note
amending agreement made as of the 31st day of October, 2009 in
respect of second amended and restated promissory notes dated
October 1, 2006 issued by Veridian Corporation and Veridian
Connections Inc. in favour of The Corporation of the Town of
Ajax, The Corporation of the City of Belleville, The Corporation of
the Municipality of Clarington and The Corporation of the City of
Pickering, and to approve the issue of third amended and restated
promissory notes dated as of the 31st day of October, 2009
2009-132 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (Barr’s Development Ltd.)
2009-133 Being a By-law to declare the lands more particularly described
as portions of Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 85,
86 and 118 and Blocks 190, 191, and 192 on Draft Plan
18T-95028 as set out on Schedules 1, 2 and 3 to be surplus
2009-134 Being a By-law to authorize the Sale and Transfer to 708545
Ontario Limited (Geranium Corporation) the adjacent property
owner of portions of Lots 57, 58, 59, 60, 61, 62, 63, 64, 65, 66,
67, 85, 86 and 118 and Blocks 190, 191,and 192 on Draft Plan
18T-95028 as set out on Schedules 1, 2 and 3
2009-135 Being a By-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington
Council Meeting Minutes - 28 - October 5, 2009
2009-136 Being a By-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2009-137 Being a By-law to establish certain lands as public highway,
assume them for public use and name them
2009-138 Being a by-law to amend By-law 2007-038 to appoint Members to
the Samuel Wilmot Nature Area (Pat Mulcahy)
2009-139 Being a by-law to appoint Members to the Clarington Living Green
Community Advisory Committee (Cathrine McKeever)
2009-140 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Coco Paving Inc., Oshawa,
Ontario to enter into agreement for Concession Roads 7 & 8
Rehabilitation
2009-141 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Ambler & Co. Ltd., Mississauga,
Ontario to enter into agreement for Solina Road Drainage
Improvements
2009-142 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Coco Paving Inc., Oshawa,
Ontario to enter into agreement for Concession Road 6
Rehabilitation; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
Councillor Foster and Councillor Robinson gave notice that they will be introducing the
following motion at the next Council meeting:
“WHEREAS the Municipal Elections Act, 1996, requires all candidates to file with the
Clerk a financial statement, and auditor’s reports as the case may be, reflecting the
candidate’s election campaign finances;
WHEREAS the Act provides for penalties, including forfeiture of office, in the case of a
candidate defaulting on the prescribed filing requirements;
WHEREAS the Act provides that any eligible elector may apply for a compliance audit
of a candidate’s election campaign finances where he/she believes on reasonable
grounds that a candidate has contravened a provision of the Act;
Council Meeting Minutes - 29 - October 5, 2009
WHEREAS it is the duty of the Council to consider the application for a compliance
audit which places the Council in a most challenging position when required to sit in
judgment of whether to conduct a compliance audit on those against whom they
contested the election or with they now sit as fellow council members; and
WHEREAS the AMCTO Municipal Election Project Team was apprised of numerous
issues arising around the Compliance Audit provisions of the Act during the 2003 and
2006 Municipal Elections throughout the province, and concluded the following
recommendation to the Minister of Municipal Affairs and Housing:
“That section 81 ‘compliance audits’ be reviewed in its entirety and consideration be
given to appointing an independent third party to conduct audits.”
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington endorse
the recommendation of the AMCTO Municipal Project Team pertaining to “compliance
audits”; and
THAT a copy of this resolution be forwarded to the Minister of Municipal Affairs and
Housing, the Association of Municipalities of Ontario, John O’Toole, MPP, Durham
and all municipalities within Ontario seeking their support.”
OTHER INFORMATION
Resolution #C-586-09
Moved by Councillor Robinson, seconded by Councillor Woo
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 a personal
matter about an identifiable individual including a municipal or local board.
“CARRIED”
The meeting resumed in open session at 10:19 p.m.
The Mayor advised that one item was discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Resolution #C-587-09
Moved by Councillor Novak, seconded by Councillor Woo
THAT Staff Report #3 – Verbal Report of the Chief Administrative Officer
regarding a Personnel Matter be received for information.
“CARRIED”
Council Meeting Minutes - 30 - October 5, 2009
CONFIRMING BY-LAW
Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
Deputy Mayor Trim chaired the remainder of the meeting.
Resolution #C-588-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-143, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 5th day of October, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-589-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 10:21 p.m.
"CARRIED"
AY