HomeMy WebLinkAbout11/23/2009
Council Meeting Minutes
November 23, 2009
Minutes of a regular meeting of Council held on November 23, 2009, at 7:00 p.m., in
the Council Chambers.
Councillor Hooper led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Deputy Fire Chief, M. Berney
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Solicitor, D. Hefferon
Director of Corporate Services and Human Resources, M. Marano
Director of Finance/Treasurer, N. Taylor
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Hooper clarified that his brother resides on a street which is subject to the
recommendations contained in Item 8 of Report #1; however, the Municipal Conflict of
Interest Act does not include a requirement to declare a conflict when the family
member is a brother.
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to the presentation of Bernard Nayman, the delegations of John Mutton, George
Van Dyk, delegation (g) of Richard Ward and Staff Report #2.
ANNOUNCEMENTS
Councillor Hooper announced the following:
?
The Bowmanville Santa Claus Parade took place on Saturday, November 21,
2009, and was enjoyed by both youngsters and parents alike.
Councillor Hooper extended appreciation to the event organizers.
Council Meeting Minutes - 2 - November 23, 2009
?
On Friday, December 4, 2009, the Historic Downtown Bowmanville Business
Improvement Area will hold the Annual Tree Lighting Ceremony.
?
On Saturday, December 5, 2009, the public is invited to attend the Clarington
Animal Shelter from 10:00 a.m. until 2:00 p.m. for the Annual Pet Photos with
Santa event.
?
On December 13, 2009, the Clarington Older Adult Association, in partnership
with the Bowmanville Lions Club, is hosting an open house holiday party.
Donations to the local food bank would be appreciated.
Councillor Woo announced the following:
?
On Saturday, November 21, 2009, he attended the 172 Clarington Royal
Canadian Air Cadet Squadron Mess Dinner and Extravaganza.
?
On November 27 to November 29, 2009, “Christmas in Clarington Country”, a
mall-free shopping tour of Clarington, will take place offering one-of-a-kind
crafts for Christmas.
?
On Friday, November 27, 2009, the Opening Reception of the “Silent Night
Silent Auction” will be held at the Visual Arts Centre of Clarington where 100
small paintings provided by local artists will be up for sale.
Councillor Foster announced the following:
?
On Saturday he attended the opening of Durham Home Comfort, at
100 Waverley Road.
?
Kings Court Catering has opened Kings Court Pastry Boutique at
182 Wellington Street.
MINUTES
Resolution #C-672-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on November 9, 2009, be
approved.
“CARRIED”
PRESENTATIONS
Mayor Abernethy introduced Gord Miller, Environmental Commissioner of Ontario, to
address Council on “The Role of the Environmental Commissioner and Current
Issues". Mayor Abernethy noted that Mr. Miller has served as the Environmental
Commissioner of Ontario since January 31, 2000, and that prior to his appointment,
he worked for the Ontario Ministry of the Environment for 14 years as a scientist,
manager of training and development, and as a district manager. He has direct
experience with numerous environmental issues, including approval and inspection
activities, municipal sewage, drinking water, solid waste management, hazardous
waste, noise, air pollution and land use planning.
Council Meeting Minutes - 3 - November 23, 2009
Mr. Miller addressed Council indicating he would be speaking about his Annual Report
issued in October, his new responsibilities under the Green Economy Act and waste
management issues. Mr. Miller clarified that he is an independent officer appointed
by the Ontario Legislative Assembly to monitor and report annually on government
compliance with the Environmental Bill of Rights.
Mr. Miller addressed ecological resilience, how a system relates and responds to
disturbances, and the need to ensure that systems can withstand shocks in planning
reform and land use planning. He noted in 2010, the Provincial Policy Statement is
set for review and urged Council to pursue changes in the Planning system. Mr. Miller
discussed the need to protect diversity and resources, for example, how the
government manages soil erosion and the need to come up with better ways. He also
addressed resilience in infrastructure noting changes to the Environmental
Assessment process to facilitate transit development.
Mr. Miller discussed his Annual Report to the Legislature including changes to the
Green Economy Act which now require that he report on initiatives in Ontario to
reduce the use or to make more efficient use of energy and to report on barriers in
reducing energy that may be found in Acts or Regulations in Federal or Provincial
policy or Municipal by-laws. Mr. Miller indicated his first report will be presented at the
end of 2010 and that he looks forward to working with Municipalities and distribution
companies.
Mr. Miller discussed waste management issues indicating there is no Provincial
Strategy governing waste management in Ontario. He noted municipalities govern
residential waste and even though the public aspires to reduce, recycle and reuse, the
municipality is left with 40% residual waste. Mr. Miller stated in Ontario, we are faced
with two bad options – landfill technologies that encompass environmental liability that
stretches forward to future generations or the family of combustion or thermalization
technology that emits pollutants in real time. Mr. Miller stated the old incineration
technology was extremely poor but the European technology is vastly better. He
acknowledged that there are emissions but they are not in the order of the old
technology and that Council and the public should trust the Ministry of the
Environment, the engineering technology and the approval standards and to insist the
Province maintain the highest standards.
Mayor Abernethy acknowledged John O’Toole, MPP, Durham, in attendance this
evening.
Mayor Abernethy stated a pecuniary interest with respect to the presentation of
Bernard Nayman regarding Report CLD-026-09 Compliance Audit – John Mutton 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.
Council Meeting Minutes - 4 - November 23, 2009
Deputy Mayor Trim chaired this portion of the meeting.
Bernard Nayman addressed Council to present his findings regarding the Compliance
Audit of John Mutton (Report CLD-026-09 – Compliance Audit – John Mutton).
Mr. Nayman stated the compliance audit was conducted in accordance with Section
81(6) of the Municipal Elections Act and performed with Canadian generally accepted
auditing standards. Mr. Nayman provided an overview of the report, highlighted
apparent contraventions of the Act with respect to contributions, expenses and
municipal resources, responded to applicant complaints and audit findings. Mr.
Nayman summarized the audit findings indicating that the audit determined that there
were 34 instances of apparent contraventions of the Act.
Mayor Abernethy resumed the Chair.
DELEGATIONS
Roslyn Houser, Goodmans LLP, Solicitor on behalf of West Diamond Properties Inc.
and Players Business Park Ltd., addressed Council concerning Staff Report #3 –
Report PSD-111-09 - Proposed Official Plan Amendment, Proposed Plan of
Subdivision and Zoning By-Law Amendment to Permit 423 Residential Units,
Applicant: West Diamond Properties Inc. and Players Business Park Ltd. Ms. Houser
indicated her clients support the recommendations in the staff report and thanked staff
for their diligence and co-operation with respect to this matter. Ms. Houser advised
that she was here this evening to answer questions Members of Council may have.
Chuck MacDonald addressed Council on behalf of the West Beach Association,
concerning Staff Report #4 - Report PSD-112-09 - Offer of Compensation to Port
Darlington Harbour Company Respecting the Expropriation of the West Beach Lands
for Bowmanville Waterfront District, Park – Parts 1, 2, 3, 4 on Plan of Expropriation
D552233 and Parts 1 and 2 on Plan of Expropriation DR838341. Mr. MacDonald
indicated that three of these cottages were built in the 1920s or before and the same
families have lived in the cottages up to this point. He noted the beach is a close-knit
community with many families moving to the beach for the summer season each year.
Mr. MacDonald indicated that the cottagers in the seven cottages age between 60 to
90 years, most are retired and would like to spend more time at the cottage and to
remain until the infrastructure for the park is in place. Mr. MacDonald thanked staff
and Members of Council for their professionalism in dealing with their inquiries and
hoped that an amicable solution for all could be found.
Council Meeting Minutes - 5 - November 23, 2009
Edwin Bounsall addressed Council concerning Staff Report #4 - Report PSD-112-09 -
Offer of Compensation to Port Darlington Harbour Company Respecting the
Expropriation of the West Beach Lands for Bowmanville Waterfront District Park –
Parts 1, 2, 3, 4 on Plan of Expropriation D552233 and Parts 1 and 2 on Plan of
Expropriation DR838341 indicating that all but one of the cottage owners were present
this evening and are in favour of the Report as far as it goes. Mr. Bounsall stated that
they have asked for lifetime leases which, due to their ages, would not last forever,
and failing that have suggested that consideration be given to five-year leases with
potential for renewal reviewed at that time. Mr. Bounsall suggested an amendment be
made to the recommendation that would not preclude further rental agreements or
leases beyond 2010, which would then provide the opportunity for further consultation.
Emily Pillinger addressed Council concerning Correspondence Item D – 2 - Request
for Amendment to By-law to Licence, Regulate or Permit Certain Animals.
Ms. Pillinger is proposing that the municipality amend By-law 93-161 to permit single-
family homes to keep 3 to 6 laying hens for household egg gathering. Ms. Pillinger
stated in this time of economic hardship and push towards ‘greener’ living, the keeping
of hens would help sustain local food systems. She indicated many communities
allow the keeping of hens and that chickens have been kept in urban areas for
thousands of years. Ms. Pillinger highlighted the advantages of keeping chickens
noting they do not pose a public health risk and legal chickens will not increase the
need for animal control. Ms. Pillinger urged Council to consider her request and
distributed information on the keeping of backyard chickens.
Resolution #C-673-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT the meeting recess for ten minutes.
“CARRIED”
The meeting reconvened at 9:05 p.m.
Mayor Abernethy stated a pecuniary interest with respect to the delegations of
John Mutton, George Van Dyk and Richard Ward regarding Report CLD-026-09
Compliance Audit – John Mutton 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.
Council Meeting Minutes - 6 - November 23, 2009
John Mutton addressed Council concerning Staff Report #2 - Report CLD-026-09 –
Compliance Audit – John Mutton. Mr. Mutton stated this audit is the third audit that
has been performed on his election campaign expenses and questioned how much
money has been spend on this issue to date. He advised that he is a defeated
candidate who is happy in the private sector. Mr. Mutton expressed concern with
certain findings of the audit with respect to the list of “associated corporations”, with
the listing of Panoz Motor Sports as an ineligible contributor, the assumption of the
number of election signs and the reallocation of gifts of appreciation to payment of
election staff.
George Van Dyk addressed Council concerning Staff Report #2 - Report CLD-026-09
– Compliance Audit – John Mutton. Mr. Van Dyk stated the audit report completely
vindicates and exonerates the individuals who requested the audit be performed as it
indicates there were 34 apparent contraventions of the Act regarding contributions
and expenses. Mr. Van Dyk feels that the total amount of municipal resources spent
on the election campaign should be returned to the taxpayers of Clarington. He
advised the individuals who requested the audit have spent more than $11,000 and
reminded Council that they have 30 days from receiving this report to act upon it. Mr.
Van Dyk questioned whether Council will have charges laid against Mr. Mutton or if
they will rely on the complainants to take this matter to court.
Richard Ward addressed Council concerning Staff Report #2 - Report CLD-026-09 –
Compliance Audit – John Mutton. Mr. Ward stated the audit performed by
Mr. Nayman of Mr. Mutton’s 2006 Election Financial campaign confirms that he was
correct in his challenge of Mr. Mutton’s 2003 Election campaign as there is a
duplication of many associated corporations that he had previously challenged.
Mr. Ward stated these are indictable offences and that prosecution is in order.
Mayor Abernethy resumed the Chair.
Richard Ward addressed Council concerning the Presentation of Gord Miller,
Environmental Commissioner of Ontario. Mr. Ward expressed concern that the Deer
Creek Golf Course was taking water without a permit during the construction of the
Ajax Water Treatment facility and contaminating west Ajax and Pickering. Mr. Ward
stated he contacted numerous agencies including the Environmental Commissioner,
the Medical Officer of Health and the police services with no resolve. Mr. Ward stated
20% of the $6 million value was paid by Clarington and that the golf course should be
invoiced for this amount.
Council Meeting Minutes - 7 - November 23, 2009
COMMUNICATIONS
Resolution #C-674-09
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 and I - 12.
“CARRIED”
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated November 10, 2009.
I - 2 Minutes of the Clarington Heritage Committee dated October 20,
2009.
I - 3 Minutes of the Tyrone Community Centre Hall Board dated
October 21, 2009.
I - 4 Minutes of the Clarington Agricultural Advisory Committee dated
November 12, 2009.
I - 5 Minutes of the Clarington Accessibility Advisory Committee dated
November 4, 2009.
I - 6 John R. O’Toole, MPP, Durham, forwarding a copy of
correspondence he has sent to the Honourable Jim Watson, Minister
of Municipal Affairs and Housing, regarding the future of the Ontario
Municipal Partnership Fund (OMPF) for 2010; requesting what steps
the Province is taking to ensure municipalities continue to receive fair
funding from the Province and indicating he has encouraged the
Minister to continue to provide OMPF funding in the upcoming fiscal
year; and, questioning what the Government’s plans are for the future
of the OMPF, including the Combined Benefit Stable Funding
Guarantee.
Council Meeting Minutes - 8 - November 23, 2009
I - 8 Alan Latourelle, Chief Executive Officer, Parks Canada, responding to
Council’s correspondence to the Honourable Jim Prentice, Minister of
the Environment regarding “It’s All About the Water”, the report of the
Panel on the Future of the Trent-Severn Waterway; outlining the
Federal Government’s action plan for the renewal of the Trent-Severn
Waterway National Historic Site of Canada, part of Parks Canada’s
nation-wide network of national parks, marine conservation areas and
historic sites; attaching background information and news releases
regarding the initiative; and, indicating the renewal will help to ensure
Canada’s cultural and natural heritage are protected for the
enjoyment, education, and appreciation of all Canadians, today and in
the future.
I - 9 Annie Roy, Senior Communications Advisory, Canadian
Environmental Assessment Agency, forwarding News Releases dated
October 30 and November 2, 2009, announcing the establishment of
a three-member joint review panel to consider the environmental
assessment and the licence application to prepare a site for the
proposed Darlington New Nuclear Power Plant Project at the existing
Darlington Nuclear site in Clarington; and advising of the appointment
of Alan R. Graham as Panel Chair, and Jocelyne Beaudet and
Joseph Kenneth Pereira as Panel Members and attaching
biographical information on the panel chair and members; and,
announcing that the Canadian Environmental Assessment Agency
has awarded funding to Lake Ontario Waterkeeper, Clarington Board
of Trade, Northwatch Coalition for Environmental Protection, Safe and
Green Energy Peterborough and Movement Vert Mauricie to support
their participation in the environmental assessment process. Further
information is available on the Canadian Environmental Assessment
Agency’s website at www.ceaa-acee.gc.ca or on the Canadian
Environmental Assessment Registry on the Agency’s website under
reference 07-05-29525.
I - 10 John R. O’Toole, MPP, Durham, advising of the introduction of the
Good Government Act, Bill 212, introduced in the legislature on
October 27, 2009; forwarding a summary of the provisions of the
legislation with regard to matters associated with Municipal Elections;
and, indicating that Council’s comments and/or resolutions adopted
regarding the proposed changes to the local elections process would
be appreciated.
Council Meeting Minutes - 9 - November 23, 2009
I - 11 John R. O’Toole, MPP, Durham, forwarding correspondence from the
Federal Minister of Finance in response to Mr. O’Toole’s inquiry
regarding the timetable for completing the eastward extension of
Highway 407; highlighting details of the FLOW initiative, an
agreement between the Federal and Provincial governments to
improve transportation infrastructure in the Greater Toronto Area
(GTA); and, indicating as part of FLOW, the Province has given its
commitment to complete the eastward extension of Highway 407 to
Highway 35 & 115 by the year 2013.
I - 7 Association of Municipalities of Ontario (AMO) Member
Communication dated November 6, 2009, advising of the Province’s
intention to move to pass a regulation that will extend compensation
for certain types of cancers or heart damage suffered within 24 hours
of responding to an emergency that is presumed to be the result of
employment in municipal fire service to volunteer and part-time
firefighters and fire investigators.
Resolution #C-675-09
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence Item I – 7 from the Association of Municipalities of
Ontario (AMO), with respect to Presumptive Legislation for Volunteer and Part-
time Firefighters, be received for information and referred to the Director of
Corporate Services and Human Resources and the Director of Emergency and
Fire Services.
“CARRIED”
I - 12 Dave Selby, Director of Corporate Communications, Durham
Regional Police Service, announcing the opening of a Regional
Collision Reporting Centre (CRC) by Accident Support Services Ltd.
in partnership with the Durham Regional Police Service (DRPS) at
650 Rossland Road, Whitby; indicating the one-stop service
opportunity will facilitate the reporting of non-injury collisions and free
up valuable time for police to attend higher priority calls by providing a
service for citizens to exchange information, have up to 24 hours to
report property damage-only collisions, and have the services of a
trained professional staff member to help them complete the collision
report, direct them to police personnel as needed, photograph the
damage to the vehicle and offer them the opportunity to contact their
family, broker or insurance company directly; and, indicating that
further information on Accident Support Services Ltd. is available on
their website at www.accsupport.com.
Council Meeting Minutes - 10 - November 23, 2009
Resolution #C-676-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item I – 12 from Dave Selby, Durham Regional Police
Service, with respect to the expansion of Accident Support Services Ltd., be
received for information and referred to the Manager of Communication and
Marketing.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-677-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT Correspondence Items D – 3 and D - 4 be approved as per the agenda.
“CARRIED”
D - 3 Larissa Watson, requesting Council’s support in legalizing backyard
hens as many other Canadian and American cities have done without
issue; outlining the health and environmental benefits of raising hens
in Clarington; and, suggesting that as Clarington is a leader in
environmental and health initiatives, including local food, backyard
hens are a perfect fit.
(Correspondence referred to the
Municipal Clerk)
D - 4 Julia Bezubiak expressing concern with the amount of traffic at King
Avenue and Beaver Street and the inability of pedestrians to safely
cross the street; acknowledging that there has been one fatality and
another person injured as a result of this dangerous intersection;
questioning the reasoning behind decisions to install traffic signals at
Mill Street and Andrew Street when there are traffic lights one block
further south and the response that traffic signals are not warranted at
King Avenue and Beaver Street due to the proximity of the signals
one block away; and, also expressing concern with construction/land
clearing behind her father’s home for a possible commercial use and
the potential for the rear of the property to be used for parking.
(Correspondence referred to the
Director of Engineering Services and
the Director of Planning Services)
Council Meeting Minutes - 11 - November 23, 2009
D - 1 Jon Scharf proposing the idea of building a carpool parking lot in
Bowmanville to promote carpooling and to help to reduce greenhouse
gases. The correspondence indicates that most other communities
east of Bowmanville have carpool lots in close proximity to Highway
401 and Mr. Scharf feels that such a lot would be well used by area
residents who commute daily to other areas of the GTA.
Resolution #C-678-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Correspondence Item D – 1 from Jon Scharf, with respect to a carpool
parking lot in Bowmanville, be referred to the Director of Engineering Services.
“CARRIED”
D - 2 Emily Pillinger requesting an amendment to the by-law regulating the
licensing, regulating or permitting of certain animals within the
Municipality of Clarington to permit the keeping of chickens in urban
areas; indicating that urban hen husbandry plays an essential role in
the creation of sustainable local food systems and that chickens are
personable pets; and, proposing that single-family homes be
permitted to keep three to six laying hens for household egg
gathering.
Resolution #C-679-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D – 2 from Emily Pillinger, with respect to an
amendment to the Exotic Pet By-law, be referred to the Municipal Clerk, the
Director of Planning Services and the Clarington Agricultural Advisory
Committee for comment.
“CARRIED”
D - 5 Stephane Thiffeault, (A) General Manager, Corporate Services,
County Clerk, County of Lambton, advising Council that on October 7,
2009, the County of Lambton adopted the following resolution
pertaining to a Moratorium on Major Health Care Restructuring:
“WHEREASthe Health and Long-Term Care Minister recently
appointed a Small and Rural and Northern Health Care Panel to
review and better coordinate access to health care services in Rural
and Northern Ontario;
Council Meeting Minutes - 12 - November 23, 2009
WHEREAS to call for a moratorium on the restructuring of health care
services in rural and small communities to be imposed upon each
Local Health Integration Network in the Province of Ontario until such
time as a province-wide review process has been conducted. The
Ontario College of Family Physicians, Canadian Association of
Emergency Physicians, Rural Section of the Ontario Medical
Association and the Society of Rural Physicians have endorsed this
call;
WHEREAS it is deemed necessary and expedient for small, rural and
northern Municipalities to call upon the government to impose a
moratorium on any further reductions to health care services in rural
and northern communities;
NOW THEREFORE BE IT RESOLVEDby the Lambton County
Council that it hereby petitions the Honourable Dalton McGuinty,
Premier of Ontario and the Honourable David Caplan, Minister of
Health and Long-Term Care to impose a moratorium upon each Local
Health Integration Network to prevent any further reductions and/or
restructuring in health care services in rural and northern communities
in the Province of Ontario until such time as a Province-wide review
process has been conducted, resulting in the following action:
1. The urgent establishment of knowledgeable representation, similar
to those involved in the Rural and Northern Health Care
Framework, to provide recommendations to the LHINs regarding
the role and future of emergency departments and small hospitals;
2. The adoption of the standards that have been developed
identifying the services that are required to provide emergency
care;
3. The identification of how many emergency departments are
needed in each community and in each LHIN;
4. The adoption of standards regarding the level of services that
should be available in local rural hospitals to support the health
care needs of the local population;
5. The adoption of standards regarding the level of services that
should be available to local communities to provide the non-
hospital based services that are required to meet the health care
needs of the local population;
6. The implementation of a system to ensure accessibility to regional
services (London) that are deemed necessary to support local
delivery systems;
Council Meeting Minutes - 13 - November 23, 2009
7. The implementation of standards regarding EMS availability in the
event of a closure of an emergency department;
THATa copy of this resolution be sent to all small, rural and northern
Municipalities in the Province of Ontario for support; and further,
THATthe Ontario Ombudsman and Auditor General are so notified of
this action as well as all other appropriate person and local Members
of Parliament.”
Resolution #C-680-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT the resolution from the County of Lambton, with respect to a Moratorium
on Major Health Care Restructuring, be received for information.
“CARRIED”
D - 6 Dawn Whelan, Council Coordinator, City of Ottawa, advising Council
that on October 28, 2009, the City of Ottawa adopted the following
resolution pertaining to an amendment to the Highway Traffic Act:
“WHEREAS the Province of Ontario’s Highway Traffic Act, R.S.O.
1990, is a consolidated statute governing traffic regulations;
AND WHEREAS Section 128(1)(a) establishes a default speed limit
(without signs) by providing that no person shall drive a motor vehicle
at a rate of greater than 50 km/h on a highway within a local
municipality or within a built-up area;
AND WHEREAS legislation does not allow municipalities in Ontario
the right to create and apply an unsigned default city-wide speed limit
of other than 50 km/h;
AND WHEREAS legislation does not allow municipalities in Ontario to
establish speed limits other than the Provincial default speed limit
through a by-law, provided that those municipal speed limits are
signed in accordance with existing requirements;
AND WHEREAS the City of Ottawa would like the ability to set its own
unsigned default speed limit on local roads in residential communities;
AND WHEREAS it is anticipated that other municipalities in Ontario
may be experiencing similar issues now or in the future;
Council Meeting Minutes - 14 - November 23, 2009
AND WHEREAS there are benefits to having a co-ordinated approach
to the Ministry of Transportation of Ontario asking for legislation to
allow Ontario municipalities to set their own unsigned default speed
limit on local roads in residential communities;
THEREFORE BE IT RESOLVED THAT City Council approve the
following:
(1) That the City of Ottawa ask municipalities in Ontario with a
population over 50,000 and the Association of Municipalities of
Ontario for their support for an amendment to the Highway
Traffic Act, R.S.O. 1990 to permit municipalities, on local roads
in residential communities:
(a) to set their own default speed limits (unsigned); or
(b) in the alternative, to set alternative default speed limits with
limited signage (gateway signs) at the entrances to these
residential communities;
(2) That municipalities in Ontario who support the request as shown
in (1) respond, via Council resolution, to the City of Ottawa by 28
February 2010; and
(3) That following the receipt of responses from municipalities in
Ontario, staff petition the Ministry of Transportation of Ontario for
amendments to Highway Traffic Act as shown in (1) and report
back to Council on progress made on this issue by the end of Q2
2010.”
Resolution #C-681-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from the City of Ottawa, with respect to an amendment to
the Highway Traffic Act, be received for information.
“CARRIED”
Council Meeting Minutes - 15 - November 23, 2009
D - 7 Martha A. Pettit, Deputy Clerk, Town of Whitby, advising Council that
on November 2, 2009, the Town of Whitby adopted the following
resolution pertaining to 2010 Election Timeline Changes:
“1. THAT Council of the Corporation of the Town of Whitby advise
the Minster of Municipal Affairs and Housing, the Standing
Committee of the Legislature examining Bill 212 and Christine
Elliott, MPP, that it recommends Bill 212 be amended to provide
that any current surplus being held in trust by a municipality on
behalf of a candidate be forfeited to the municipality in question
immediately and not after the 2010 election;
2. THAT the four-year term of office for Council be amended to
commence the third Monday in November following the 2010
election and each regular election thereafter; and,
3. THAT the Clerk advise the Regional Municipality of Durham and
the area municipalities within Durham Region and the
Association of Municipalities of Ontario of Council’s position and
request their support.”
Resolution #C-682-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution from the Town of Whitby, with respect to the 2010 Election
Timeline Changes, be received for information.
“CARRIED”
D - 8 David Kelly, Chair, Clarington Accessibility Advisory Committee,
(CAAC) advising Council that the CAAC endorsed the following
recommendation of Durham Regional Council regarding the Highway
407 East Completion Draft Environmental Assessment Report which
was referred to the CAAC by Clarington Council on October 14, 2009:
“THAT the Accessibility Advisory Committee forward a letter to the
Minister of Transportation with respect to the Preliminary Design and
Class Environmental Assessment Study for the widening of
Highway 401 from Salem Road to Brock Street in the Towns of Ajax
and Whitby requesting that the design and construction of the Henry
Street, Lake Ridge Road and Brock Street replacement bridges
include adequate provision to accommodate persons with disabilities
to ensure their safety when crossing these bridges;
Council Meeting Minutes - 16 - November 23, 2009
AND FURTHER THAT in order to assist persons with physical
disabilities the Ministry of Transportation be urged to work closely with
the Region to ensure that the design for the sidewalks on the bridges
meet the proposed standard within the Accessibility for Ontarians with
Disabilities Act (AODA) legislation being a minimum width of 1.8
meters;
AND FURTHER THAT a copy of this resolution be forwarded to the
area municipalities.”
Resolution #C-683-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the resolution from the Region of Durham, with respect to the Highway
407 East Completion Draft Environmental Assessment Report, be referred to
the Director of Engineering Services and the Ministry of Transportation.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report November 16,
2009.
Resolution #C-684-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of November 16,
2009, be approved.
“CARRIED”
STAFF REPORTS
Resolution #C-685-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report CAO-011-09 be received for information.
“CARRIED”
Council Meeting Minutes - 17 - November 23, 2009
Mayor Abernethy stated a pecuniary interest with respect to Staff Report #2 - Report
CLD-026-09 Compliance Audit – John Mutton 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.
Resolution #C-686-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report CLD-026-09 be received;
THAT no further action be taken with respect to the compliance audit report of John
Mutton’s 2006 mayoral campaign; and
THAT John Mutton, Don and Cynthia Prout, George Van Dyk, Sean Keane and
Richard Ward be advised of Council’s decision.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”:
Council Member Yes No Declaration of
Pecuniary Interest
Mayor Abernethy v
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Woo v
Councillor Trim v
Mayor Abernethy resumed the Chair.
Resolution #C-687-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Report PSD-111-09 be received;
Council Meeting Minutes - 18 - November 23, 2009
THAT the Mayor and Municipal Clerk be authorized by By-law, on behalf of the
Municipality, to execute the Memorandum of Understanding referred to in Section 11.3
of Report PSD-111-09 between Players Business Park Ltd., West Diamond Properties
Inc., 1613881 Ontario Inc. and the Municipality of Clarington which contains terms and
conditions to protect the Municipality’s interests satisfactory to the Directors of
Planning Services and Engineering Services and a Postponement Agreement with the
same parties and the Royal Bank of Canada;
THAT application for Official Plan Amendment COPA 2009-0002 be considered
approved in the context of the modifications to OPA 60 approved by Council on
October 26, 2009 and that the file be closed;
THAT subject to the execution of the Memorandum of Understanding referred to in
Recommendation 2 by the parties to it and the Postponement of the rights of the
Royal Bank of Canada, Council request that after the Ontario Municipal Board has
issued its Decision-Order approving Official Plan Amendment No. 60 as modified, the
Ontario Municipal Board be requested to:
a) approve Draft Plan of Subdivision S-C-2004-004 as revised and dated
November 10, 2009 contained in Attachment 2 subject to the Conditions of
Draft Approval contained in Attachment 4 to Report PSD-111-09; and
b) enact Zoning By-law Amendment ZBA 2009-167, contained in Attachment 5 to
Report PSD-111-09.
THAT the Mayor and Municipal Clerk be authorized, by By-law (Attachment 6 to
Report PSD-111-09), to execute a Subdivision Agreement on behalf of the
Municipality for each phase of development between the Owner and the Municipality
of Clarington, at such time as the Agreement has been finalized to the satisfaction of
the Director of Engineering Services and Director of Planning Services;
THAT the Durham Region Planning Department and Municipal Property Assessment
Corporation be forwarded a copy of Report PSD-111-09 and Council’s decision; and
THAT all interested parties listed in Report PSD-111-09 and any delegation be
advised of Council’s decision.
“CARRIED”
Resolution #C-688-09
Moved by Councillor Foster, seconded by Councillor Trim
THAT Report PSD-112-09 be adopted;
Council Meeting Minutes - 19 - November 23, 2009
THAT an offer of a total of $775,000.00 as the market value compensation on the
Valuation Date for the Port Darlington Harbour Company interest in the lands
identified as Parts 1, 2, 3, 4 on Plan of Expropriation D552233 and Parts 1 and 2 on
Plan of Expropriation DR838341 at the terminus of West Beach Road, Bowmanville,
which have been expropriated, be approved;
THAT the Director of Planning Services be authorized to send a letter to Port
Darlington Harbour Company offering it as the registered owner $775,000.00 for its
interest in the expropriated lands;
THAT offers to the owners of the cottages listed in Schedule 1 to Report PSD-112-09
(Attached), totaling $19,221.00 as the market value compensation on the Valuation
Date for the leasehold interests in the lands on which the cottages on Lots 2, 5, 6, 10,
15, 17, 36 and 39 on Plan 345 are located, be approved;
THAT the Director of Planning Services be authorized to send letters to the cottage
owners as listed in Schedule 1 to Report PSD-112-09 offering the owners the
compensation noted on Schedule 1 to Report PSD-112-09 for their leasehold interests
in the expropriated lands;
THAT a by-law be passed to authorize the Municipal Clerk on behalf of the
Municipality of Clarington to issue notices of termination to the owners of the cottages
on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 that their respective leases are
terminated on December 31, 2010 pursuant to the Residential Tenancies Act, 2006 so
that their residential units can be converted to use for a purpose other than residential
purposes;
THAT payment of one year’s rent, $1800.00, be made to each of the owners of the
cottages listed in Schedule 1 to Report PSD-112-09 as required by the Residential
Tenancies Act, 2006;
THAT the Director of Planning Services be authorized to continue discussions with the
owners of cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345 regarding the
purchase of the cottages by the Municipality and/or arrangements respecting the
relocation of the cottages to other lands and report back at a later date;
THAT a by-law be passed to authorize the Municipal Clerk on behalf of the
Municipality to issue notices that the leases of the residential units on Lots 1 and 11
on Plan 345 are terminated on the day that is 120 days after notice is given, ending
with the last day of the tenancy or the term in question; so that these can be converted
to a use for a purpose other than residential premises;
THAT the payment of compensation to each of the tenants of the residential units
referred to Recommendation 9 in amounts equal to three month’s rent as required
under the Residential Tenancies Act, 2006 be authorized;
Council Meeting Minutes - 20 - November 23, 2009
THAT a by-law be passed to authorize the Municipal Clerk on behalf of the
Municipality of Clarington to make applications to the Landlord and Tenant Board
pursuant to the Residential Tenancies Act, 2006 to terminate the tenancies referred to
in Recommendations 6 and 9 and evict the tenants;
THAT the Director of Planning Services be instructed to advise The Andre Wiggers
Construction Company Limited that any authority it may have been given by Port
Darlington Harbour Company to enter into tenancy agreements respecting the
expropriated lands is terminated;
THAT the Manager of Municipal Law Enforcement be instructed to take all necessary
actions to have the trailer presently stored on the expropriated lands removed;
That the Director of Operations be authorized to demolish the buildings and structures
previously owned by the Port Darlington Harbour Company and referred to in
paragraph 2.13;
THAT the Director of Operations be authorized to demolish the buildings on Lots 1
and 11 when the termination and eviction orders of the Landlord and Tenant Board
referred to in Recommendation 11 have been complied with;
That the Director of Planning Services, the Municipal Solicitor, the Municipal Clerk and
the Treasurer are authorized to take all necessary actions to implement the intent of
Report PSD-112-09; and
THAT all interested parties be notified of Council’s decision.
“CARRIED LATER IN THE MEETING”
Resolution #C-689-09
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the foregoing Resolution #C-688-09 be amended to add the words ‘which does
not preclude further leases or rental agreements beyond December 31, 2010’
following the word ‘purposes’ in Part 6 of the recommendation and following the word
‘residential’ in Clause 1 of the By-law attached to Report PSD-112-09 as
Attachment 6.
“MOTION WITHDRAWN”
Council Meeting Minutes - 21 - November 23, 2009
Resolution #C-688-09 was then put to a vote and “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-690-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-070-09 be received;
THAT Miller Paving Limited, Gormley, Ontario with an approximate annual value of
$42,000.00, being the lowest responsible bidder meeting all terms, conditions, and
specifications be awarded the Municipality of Clarington requirements for Co-operative
Tender T-283-2009 Mixing of Winter Sand and Salt and as required, Calcium Chloride
or Magnesium Chloride and Placing in Sand Domes for a one year term;
THAT pending satisfactory pricing and service the contract be extended for two
additional one year terms; and
THAT the funds required be drawn from the Department of Operations various current
operating accounts.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
There was no Business Arising from Notice of Motion considered under this
Section of the Agenda.
Council Meeting Minutes - 22 - November 23, 2009
UNFINISHED BUSINESS
Resolution #C-691-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the presentation of Gord Miller, Environmental Commissioner of Ontario, be
received with thanks.
“CARRIED”
Resolution #C-692-09
Moved by Councillor Novak, seconded by Councillor Foster
THAT the delegation of Richard Ward, with respect to the presentation of Gord Miller,
Environmental Commissioner of Ontario, be received with thanks.
“CARRIED”
BY-LAWS
Resolution #C-693-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-157 to 2009-166 inclusive;
2009-157 Being a By-law to authorize the execution of a Memorandum of
Understanding between Players Business Park Ltd., West
Diamond Properties Inc. and 1613881 Ontario Inc. and
Corporation of the Municipality of Clarington
2009-158 Being a By-law to being a By-law to amend By-law 84-63, the
Comprehensive Zoning By-law for the Corporation of the
Municipality of Clarington (Bowmanville Creek Developments Inc.)
2009-159 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Eagleson Construction,
Millbrook, Ontario, to enter into agreement for High Street, First
Street, Third and Fourth Street Reconstruction, Bowmanville,
Ontario
Council Meeting Minutes - 23 - November 23, 2009
2009-160 Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and On the Edge,
Courtice, Ontario, to enter into agreement for the lease space at
Garnet B. Rickard Recreation Complex, 2440 King Street West,
Bowmanville, Ontario & South Courtice Arena, 1595 Prestonvale
Road, Courtice, Ontario to operate a Pro-shop
2009-161 Being a By-law to amend By-law 96-32, as amended, to require
the payment of fees for information and services provided by the
Municipality of Clarington and for prescribing the amount of such
fees
2009-162 Being a By-law to establish a fee for Marriage Licenses for the
Municipality of Clarington and to repeal By-law 2002-008
2009-163 Being a By-law to establish a Code of Conduct for Members of
Council
2009-164 Being a By-law to authorize the Municipal Clerk on behalf of the
Municipality of Clarington to issue Notices of Termination
pursuant to the Residential Tenancies Act, 2009 to the owners of
the cottages on Lots 2, 5, 6, 10, 15, 17, 36 and 39 on Plan 345
that their respective ground leases are terminated on
December 31, 2010
2009-165 Being a By-law to authorize the Municipal Clerk on behalf of the
Municipality of Clarington to issue a Notice of Termination
pursuant to the Residential Tenancies Act, 2006 to the tenants of
the cottages on Lots 1 and 11 on Plan 345 that their respective
leases are terminated the day that is 120 days after notice is
given ending with the last day of the tenancy or the term
2009-166 Being a By-law to authorize the execution of a Postponement
Agreement between the Royal Bank of Canada, Players Business
Park Ltd., West Diamond Properties Inc., 1613881 Ontario Inc.
and the Corporation of the Municipality of Clarington; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
There were no Notices of Motion introduced under this section of the Agenda.
OTHER INFORMATION
Council Meeting Minutes - 24 - November 23, 2009
Resolution #C-694-09
Moved by Councillor Novak, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to allow the introduction of a motion
pertaining to the 2010 Municipal Budget.
“CARRIED”
Resolution #C-695-09
Moved by Councillor Trim, seconded by Councillor Novak
WHEREAS at a Special General Purpose and Administration Committee meeting held
on Friday, November 20, 2009, for the purpose of the Director of Finance/Treasurer to
present to Council and senior staff information pertaining to the 2010 municipal
budget;
AND WHEREAS the Director of Finance/Treasurer outlined conditions and costs for
the proposed 2010 budget at this meeting;
AND WHEREAS the breakdown as presented amounted to a proposed overall
increase of 6.65% to cover the 2010 budget;
AND WHEREAS the economic times that all taxpayers are currently facing for 2010
appear to be similar or even worse than 2009:
NOW THEREFORE BE IT RESOLVED THAT THE COUNCIL OF THE
MUNICIPALITY OF CLARINGTON directs staff to make necessary adjustments to
reflect a 2% to 3% plus new assessment growth increase for the 2010 budget.
“TABLED”
Resolution #C-696-09
Moved by Councillor Foster, seconded by Councillor Woo
THAT the foregoing Resolution #C-695-09 be tabled until the next Council meeting.
“CARRIED”
Councillor Trim suggested that the City of Toronto be contacted regarding the use of
the Kendal and Bowmanville Baseball Diamonds for either practices or games during
the 2012 PANAM Games.
Council Meeting Minutes - 25 - November 23, 2009
Councillor Trim questioned what measures could be taken to address the issue of
coyotes preying on farm animals and the damage occurring in the farming and
residential community. The Municipal Clerk stated to date, the municipality has paid
$111,436.11 in livestock claims compared to $83,321.09 in 2008. She advised the
Ministry of Natural Resources is aware of the significant amount of damages the
Municipality is incurring and representatives of the Ministry have been invited to the
Clarington Agricultural Advisory Committee meeting in February, 2010.
Mayor Abernethy suggested the Ministry of Natural Resources be invited to make a
presentation to Council and that his office would send a letter to the organizers of the
PANAM games regarding the potential for use of Clarington facilities during the
Games.
Councillor Robinson endorsed the suggestion regarding using Clarington facilities
during the PANAM Games but requested that the user groups be contacted to ensure
that the fields would be available.
Councillor Hooper issued a reminder that the Holiday Train will be coming to
th
Clarington on November 30. The event will showcase top notch entertainment and
members of the public are encouraged to attend and to bring a food item in support of
Clarington food banks.
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.
CONFIRMING BY-LAW
Resolution #C-697-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-167 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
rd
on the 23 day of November, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes - 26 -
ADJOURNMENT
Resolution #C-698-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the meeting adjourn at 10:31 p.m.
"CARRIED"
.~ - -
T
November 23, 2009