HomeMy WebLinkAbout12/14/2009
Council Meeting Minutes
DECEMBER 14, 2009
Minutes of a regular meeting of Council held on December 14, 2009, at 7:06 p.m., in
the Council Chambers.
Councillor Robinson led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Director of Engineering Services, T. Cannella, attended until
8:28 p.m.
Director of Community Services, J. Caruana, attended until 8:28 p.m.
Director of Planning Services, D. Crome, attended until 8:35 p.m.
Solicitor, D. Hefferon, attended until 8:35 p.m.
Director of Corporate Services and Human Resources, M. Marano,
attended until 8:28 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 8:28 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended until
8:28 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming, attended
until 8:28 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Later in the meeting, Mayor Abernethy indicated that he would be stating a pecuniary
interest with respect to Item 19 of Report #1.
ANNOUNCEMENTS
Councillor Novak advised that she, along with Councillors Foster and Hooper
represented the Municipality at the Central Lake Ontario Conservation Authority
Watershed Awards and displayed the plaque the municipality received at the last
awards ceremony.
Councillor Novak also expressed appreciation to the Region of Durham for work
completed on the Courtice Road Bridge which is now open to traffic.
Council Meeting Minutes - 2 - December 14, 2009
Councillor Hooper announced the following:
?
The Lions Club of Bowmanville and the Clarington Older Adult Association held
a Holiday Open House on Sunday, December 13, 2009, with special guests
from the Bowmanville Zoo. Donations to the Clarington Food Banks were
generously given.
?
Councillor Hooper issued a reminder that the Olympic Torch will be passing
through Clarington on Wednesday, December 16, 2009.
MINUTES
Resolution #C-699-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on November 23, 2009, be
approved.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
DELEGATIONS
Giuseppe Braccia addressed Council concerning Correspondence Item D - 3 -
Situation on Trulls Road at Mitchell’s Corners. Mr. Braccia stated he has resided on
Trulls Road for 30 years and the traffic has increased drastically over the years. He
advised that concerned citizens would like to have the ditches filled in and storm
sewers and a sidewalk constructed to address safety concerns for residents and
children who walk or wait for the school bus on Trulls Road.
Bob Kreasul addressed Council concerning Correspondence Item D - 14 -
Maintenance of Port Darlington Marina Channel expressing concern that there is a
severe lack of dredging in the channel and that it is very shallow and needs attention.
Mr. Kreasul stated that boaters and charters generate substantial revenue for the local
economy and he feels it is important for the marina to put their best foot forward. He
noted that 99% of boats would run aground if the operators were not familiar with the
local area. Mr. Kreasul indicated that the channel has been dredged in the past with
costs paid by Port Darlington Marina and Wiggers Custom Yachts but that it is his
understanding the municipality is responsible to maintain the channel. He stated that
the cost to conduct the work, based on a recent estimate, would be approximately
$40,000 and suggested that cost-sharing arrangements could be investigated with
Wiggers Custom Yachts and the Port Darlington Marina.
Council Meeting Minutes - 3 - December 14, 2009
Kythe Baldwin, Ice Convener and Scott Turner, Treasurer, Newcastle Village Minor
Hockey Association, addressed Council concerning Correspondence Item D - 12 -
Shortfall of Ice Time in Newcastle. Mr. Baldwin stated the Association’s executive
currently supports 318 children ranging in ages from 4 to 16 years of age and is
comprised of 2 mites’ teams, 13 house league teams, 5 representative teams, 2 AE
teams and 1 select team. He stated currently 28 hours per week are dedicated to
house league divisions and 18 hours of ice time per week is required for the REP/AE
teams. Mr. Baldwin stated the league was provided with 34 hours of ice for the
current season which is a substantial difference from the 46 hours of ice that are
required as a minimum to field the teams responsibly. He advised that to compensate
for the lack of ice time, the midget house league teams are doubled up as they receive
only one ice time per week for games. Mr. Baldwin expressed concern that the
league is forced to seek ice time in other municipalities, if available, and that the
league was not permitted to book time at South Courtice Arena until local demands
were met, even though the Village of Newcastle is part of the Municipality of
Clarington. Mr. Baldwin provided statistics on projected population increases and the
need for another facility. He acknowledged that planning for a new facility is
underway and takes time to build but requested that the concerns of the Newcastle
Minor Hockey Association be addressed and that the construction of a new facility
begin.
Richard Ward addressed Council concerning Item 5 of Report #1 - Report
PSD-116-09 - Amendment to Application Fees By-Law Planning and Development
Applications. Mr. Ward stated that in 1996 he requested a commercial designation on
his property which was denied without a plausible explanation. He expressed concern
with the proposed fees, noting the fees he would have to pay for his property would be
the same as a developer building a 500 house subdivision despite the fact that
commercial development does not require services other than sewer and water and
the revenues produced by the commercial/industrial and institutional sectors are
significant and would offset the residential portion of the tax levy. Mr. Ward indicated
that he did not have an issue with the Zoning By-law amendment fees.
Tony Wood addressed Council concerning Item 10 of Report #1 - Request of Mr. Tony
Wood for Tornado Finance Assistance. Mr. Wood stated two years ago his
neighbours invested all their money and purchased their dream property to house
their horses and cattle. Unfortunately, a tornado ripped through the property
destroying it and as a tornado is a natural disaster, the insurance provides only 50%
of the property’s value. Mr. Wood advised to rebuild a property requires numerous
permits, controls, certificates and quotes which can become quite confusing and
costly. He advised in order to assist their neighbours a Committee was formed to help
guide them through the process. The Committee has arranged for quotes, worked
with the building department and obtained donations of labour and materials. Mr.
Wood acknowledged that legislation dictates that building permit fees must be
collected but requested Council to assist with respect to the burden of fees.
Council Meeting Minutes - 4 - December 14, 2009
COMMUNICATIONS
Resolution #C-700-09
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items I - 1, I - 9, I - 10, I - 11 and I - 14.
“CARRIED”
I - 2 Minutes of the Clarington Traffic Management Advisory Committee
dated October 15, 2009
I - 3 Minutes of the Durham Nuclear Health Committee dated
November 20, 2009
I - 4 Minutes of the Central Lake Ontario Conservation Authority dated
November 17, 2009
I - 5 Veronica Luton, expressing concern with the $60 administrative fee
for the Senior/Disabled Sidewalk Windrow Snowclearing Program;
advising she and her husband were unaware the program was before
Council for discussion as they do not receive the local newspaper;
and, indicating that with all the increases they have been faced with
on their fixed income, they will not be participating in this year’s
program.
I - 6 Bob Malcolmson, CEO and General Manager, Greater Oshawa
Chamber of Commerce, forwarding correspondence he sent to Prime
Minister Steven Harper and Premier Dalton McGuinty expressing
concern that Ontario’s delay in its decision on the Darlington Nuclear
facility has crippled Canada’s prospects for selling its technologies
abroad; stressing the effects are much broader than just the
challenge in selling reactors and affects the credibility of 150
Canadian companies; expressing concern that foreign firms have
already commenced hiring some of the best from the Canadian
Nuclear Energy Industry; and, urging the Federal and Provincial
governments to support Canada’s potential for greatness and not to
delay these decisions any longer.
I - 7 Mayor David Miller, City of Toronto, Chair, C40 Large Cities Climate
Leadership Group, an organization of the world’s largest cities
committed to tackling climate change, advising more than 100 cities
from around the world will showcase their major initiatives to reduce
greenhouse gas emissions in Denmark at the Copenhagen Summit
for Mayors taking place from December 14 to December 17, 2009;
Council Meeting Minutes - 5 - December 14, 2009
forwarding a copy of the submission of the Environmental Integrity
Group (EIG), an alliance of Switzerland, the Republic of Korea,
Mexico, Monaco and Liechtenstein, highlighting the valuable role
cities are playing in the fight against climate change and suggesting
key recommendations; and, urging Council to write to the Prime
Minister requesting the Federal Government to support the EIG
proposal in Copenhagen.
I - 8 Lionel P. Hart, criticizing Council on their decision to implement a $60
administration fee on the Seniors/Disabled Snowclearing Services as
many of Clarington’s seniors who require the service are widows,
veteran’s widows and widowers who have paid taxes to the
municipality for over fifty years and who live on fixed incomes and this
fee will further strain their limited budgets.
I - 12 P. M. Madill, Regional Clerk, Region of Durham, writing to Victor
Doyle, Ministry of Municipal Affairs & Housing, advising that on
November 25, 2009, Regional Council adopted the following
resolution pertaining to further delegation of approval authority to
approve area Municipal Official Plan Amendments adopted under
Section 26 of the Planning Act:
“a) THAT the Regional Solicitor be instructed to prepare the
necessary by-law to amend By-law 17-98 to permit the Regional
Commissioner of Planning to approve area municipal official plan
amendments adopted under section 26 of the Planning Act;
b) THAT the above-referenced by-law be passed by Council at its
meeting on November 25, 2009; and
c) THAT a copy of Report #2009-P-74 of the Commissioner of
Planning be forwarded to the Area Municipalities and the Ministry
of Municipal Affairs and Housing for their information.”
I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on November 25, 2009, Regional Council adopted the following
resolution pertaining to the 2010 Solid Waste Management Servicing
and Financing Study:
"Regional Solid Waste Management 70% Diversion Plan
a) THAT the Joint Works and Finance and Administration Committee
recommend the following in support of the Regional waste diversion
program, based upon the Council approved Property Tax Guideline
of a 0.1% tax impact (estimated at $37.4 million) approved for the
2010 Solid Waste Management Business Plan and Budget:
Council Meeting Minutes - 6 - December 14, 2009
i) Leaf and yard waste collections in the Townships of Brock,
Scugog and Uxbridge be increased to 24 stops per year,
consistent with other municipalities, at an additional cost not to
exceed $0.2 million to the existing contract, and to be financed
within the 2010 and future Solid Waste Management Operations
Budgets;
ii) Regional Works and Finance staff be authorized to develop and
implement a Blue Box Bin distribution plan which makes
additional Blue Box containers available to residents at a net
program cost not to exceed $0.5 million to be financed within the
Solid Waste Management Budget and provided the Provincial
subsidy as noted in recommendation iii) below;
iii) Regional Works and Finance staff be authorized to apply for, and
if successful, enter into applicable agreements to receive up to
$1 million of Provincial subsidy from the Continuous
Improvement Fund under the Waste Diversion Ontario (WDO),
Blue Box Program Plan to develop and implement a Blue Box
Bin distribution plan in Durham Region;
iv) Regional Works and Finance staff be authorized to plan and
implement, in consultation with the eight local area
municipalities, up to four new special waste events in support of
increased diversion of Municipal Hazardous Solid Waste
(MHSW) and Waste Electronics and Electrical Equipment
(WEEE);
v) Regional Works and Finance staff be authorized to plan and
launch two pilot studies at a total cost not to exceed $0.2 million
in order to provide for an assessment of the diversion potential
from offering polystyrene and mattress and upholstery recycling
programs at the Region’s Waste Management facilities (WMFs),
with related business plans to be presented to Joint Works and
Finance Committee for 2011 Business Planning purposes;
vi) Regional Works and Finance staff be authorized to investigate
potential implementation plans, infrastructure and other
implications of reuse programs and eco-stations proposed as
part of the 70% Diversion Plan, including potential for the
development of community partnerships with various agencies
that could make such programs a success within Durham
Region, at a cost not to exceed $0.1 million, with related
business plans to be presented to Joint Works and Finance
Committee for 2011 Business Planning purposes;
Council Meeting Minutes - 7 - December 14, 2009
Regional Solid Waste Management Fees and Charges
b) THAT the Regional Fees and Charges schedule for 2010 Solid
Waste Management Operations, as per Attachment #1 to Report No.
2009-J-44 of the Commissioners of Finance and Works, be approved
and form a part of the annual Regional listing of Fees and Charges
made available to thepublic, with 2010 fees and charges amended in
2010 to reflect tire loads accepted free of charge where they are
isolated from other materials, as noted in Report 2009-WR-13 and
based upon the new Provincial funding and tire recycling policy;
Other
c) THAT Regional Works and Finance staff be authorized to
conduct a detailed review of the Minister of the Environment’s
Report on the Waste Diversion Act 2002 Review titled, 'From
Waste to Worth: The Role of Waste Diversion in the Green
Economy' and report back with specific comments in
December 2009 to enable the Regional Municipality of
Durham to meet the Minister’s January 11, 2010 comment
deadline;
d) THAT approval be granted to extend the existing consulting
assignment with Jacques Whitford Stantec Limited, as
assigned, in the estimated gross amount of $1,000,000 for
2009, with funding from within the approved 2009 EFW
project budget, and cost shared with the Region of York, to
fund the balance of the EFW Environmental Assessment (EA)
process, including the recent and unanticipated Ministry of the
Environment referral of consultation responses back to the
Regions for processing;
e) THAT the proposed Solid Waste Management 2010 Holiday
Collection Schedules within Attachment #2 to Report No. 2009-
J-44 be received for information;
f) THAT the Regional Solicitor be authorized to prepare the
requisite By-laws and Agreements and the Regional Clerk and
Regional Chair be authorized to execute subject by-laws and
agreements; and
g) THAT copies of Report No. 2009-J-44 be forwarded to the Region’s
eight Local Area Municipalities."
Council Meeting Minutes - 8 - December 14, 2009
I - 15 C. R. Curtis, Commissioner of Works, Region of Durham forwarding
the prescribed timelines for the Durham/York Residual Waste Study
per Ontario Regulation 616/98 and highlighting the total approved
budget for the energy-from-waste Environmental Assessment
including commitments and expenditures to date.
I - 16 Association of Municipalities of Ontario Member Communication
dated November 30, 2009, advising that the Ministry of the
Environment has implemented changes to lead sampling
requirements in municipal drinking water systems, schools and day
nurseries to introduce an exemption for municipal drinking water
systems serving under 50,000 people if the system is already doing
reduced sampling, if the system has been granted sampling relief by
the Ministry, or if not more than ten per cent of plumbing samples
over a complete year of sampling have exceeded the standards.
Further information is available by contacting the Ministry of the
Environment’s Public Information Centre at 1-800-565-4923 or
picemail.moe@ontario.ca.
I - 17 Bruce Pearce, Chair, Land Use Council (LUC), writing to the
Honourable Donna Cansfield, Minister of Natural Resources
requesting that Minister Canfield intervene on behalf of a private land
owner whose property continues to be embargoed against
development as a result of the Ottonabee Regional Conservation
Authority’s (ORCA) refusal to allow issuance of municipal building
permits; expressing concern with duplication, inflated costs of multi-
level planning, the impact of Conservation Authority fees and
escalating Conservation Authority municipal services charges on
housing prices; and, requesting the Minister’s full and public
endorsement of a transparently independent investigation into local
tensions, ballooning costs and failed public relations now attributed to
some Conservation Authorities in Ontario.
I - 18 Major Roland Murphy, Community and Family Service’s Coordinator,
The Salvation Army Bowmanville, expressing appreciation on behalf
of the Food Banks in Clarington, for raising awareness of the needs in
this area and for the food and monetary donations their food bank
received through the Holiday Train event this year.
I - 19 Evaline Cook expressing concern with the $60 fee for the
Senior/Disabled Snowclearing program in view of the high taxes
residents already pay and questioning how elderly residents who are
on fixed incomes will be able to pay this fee.
I - 1 Minutes of the Clarington Living Green Community Advisory
Committee dated June 23 and September 22, 2009
Council Meeting Minutes - 9 - December 14, 2009
Resolution #C-701-09
Moved by Councillor Woo, seconded by Councillor Foster
THAT the minutes of the Clarington Living Green Community Advisory
Committee dated June 23 and September 22, 2009, be received for information;
and
THAT Jenna Dunlop, Policy and Research Advisor, Durham Region Roundtable
on Climate Change, Region of Durham, be invited to address Council in April or
May, 2010, with respect to global warming.
“CARRIED”
I - 9 Marie-Michèle Laferrière, Manager of Programs and Outreach, Forum
for Young Canadians, advising applications for the Forum for Young
Canadians, a week-long program for young Canadians to be
introduced to national democratic institutions and decision making,
are currently being accepted for the 2010 sessions; providing
information on participation costs, the selection process and criteria;
and, highlighting the benefits for Clarington to send a youth
representative to the Forum for Young Canadians.
Resolution #C-702-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I - 9 from Marie-Michèle Laferrière, Manager of
Programs and Outreach, Forum for Young Canadians, regarding the 2010
Forum for Young Canadians Program, be received for information; and
THAT the information be posted on the Municipal website.
“CARRIED”
I - 10 Mayor Brian McMullan, City of St. Catharines, expressing support for
the Private Members Bill introduced by Welland MP Malcolm Allen
requesting that the Royal Canadian Legion be exempt from GST on
the purchase of red lapel poppies and forwarding correspondence to
Prime Minister Stephen Harper urging the Federal Government to
support veterans, their families and the Royal Canadian Legion by
removing the 5% GST charged on poppies.
Council Meeting Minutes - 10 - December 14, 2009
Resolution #C-703-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Private Members Bill introduced by Welland MP Malcolm Allen
requesting that the Royal Canadian Legion be exempt from GST on the
purchase of red lapel poppies, be endorsed.
“CARRIED”
I - 11 Stan Kinsman, CEO, Managing Director, Renewable Energy
Management Inc., forwarding a Notice of Commencement of an
Environmental Screening under the Environmental Assessment Act
for the construction of a Material Recycling and Advanced Conversion
Gasification Facility in Wesleyville, Ontario and requesting to be
advised if the municipality would like to continue to receive
information regarding this project as Clarington has been identified as
potentially having an interest pertaining to this Study Area.
Resolution #C-704-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Stan Kinsman, CEO, Managing Director, Renewable Energy
Management Inc., be advised that the Municipality of Clarington is interested in
receiving information on the Material Recycling and Advanced Conversion
Gasification Facility in Wesleyville.
“CARRIED”
I - 14 Rob Messervey, Chief Administrative Officer, Kawartha Conservation,
forwarding their 2010 Preliminary Budget for Council review outlining
the conservation programs and projects and associated funding
requirements from their watershed municipalities.
Resolution #C-705-09
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the 2010 Kawartha Conservation Preliminary Budget be supported and
forwarded to the Region of Durham.
“CARRIED”
Council Meeting Minutes - 11 - December 14, 2009
CORRESPONDENCE FOR DIRECTION
Correspondence Item D - 16 was received as a hand out.
Resolution #C-706-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 6 be approved as per the agenda.
“CARRIED”
D - 1 Mike and Carmen Gazo, Owners, Perfect Party Inc., requesting
permission to sell Family Fireworks year-round in their retail store;
advising it is their intention to adhere to the provisions of both the
local by-law and federal regulations regarding the sale of Family
Fireworks and to provide a safe means by which fireworks can be
purchased; and, respectfully requesting that the matter be dealt with
expeditiously to allow them to sell Family Fireworks for the upcoming
New Years Eve celebrations, if approved.
(Correspondence referred to the
Director of Emergency and Fire
Services and the Municipal Clerk)
D - 2 David Clark, Executive Vice President, Corporate Services and CFO,
Veridian Connections Inc., requesting Council to approve and execute
an inter-creditor Agreement between Veridian Corporation, Veridian
Connections Inc., the City of Pickering, the Town of Ajax, the
Municipality of Clarington, the City of Belleville and the Toronto
Dominion Bank confirming that promissory notes held by the
shareholders are subordinated to the bank loans advanced to
Veridian; indicating that an inter-creditor agreement was previously in
place with shareholders when Veridian borrowed funds from the Bank
of Nova Scotia between 2001 and 2006; and, advising that aside from
changes and amendments requested by the shareholders’ Directors
of Finance, this agreement, drafted by Veridian’s Solicitor, is the
same as the previous agreement with the Bank of Nova Scotia.
(Execution of the inter-creditor
agreement approved and the
appropriate by-law be passed)
Council Meeting Minutes - 12 - December 14, 2009
D - 3 Betty Massey advising of a situation on Trull’s Road at Mitchell’s
Corners where people walking along the road are forced to use the
travelled portion of the road as there is not enough shoulder area;
indicating that recently several people have had to jump into the
ditches to avoid being hit by oncoming traffic; and, suggesting that the
ditches be filled in either with or without storm sewers to address this
safety concern.
(Correspondence referred to the
Director of Engineering Services and
the Director of Operations)
D - 4 Michael Chan, Minister of Citizenship and Immigration inviting
participation in Ontario’s Volunteer Recognition Programs for 2010
including the Volunteer Service Awards (VSA) in recognition of
continuous years of service with a community organization, the June
Callwood Outstanding Achievement Award (JCOAA) awarded for
superlative volunteer work undertaken by individuals, groups or
businesses, and the Ontario Medal for Young Volunteers (OMYV)
presented to outstanding young volunteers between the ages of 15
and 24; and, indicating nomination forms and additional information
on each program is available on the Ministry of Citizen and
Immigration website at www.citizenship.gov.on.ca/english/honours.
(Municipal Clerk place information on
the Municipal Website)
D - 5 The Honourable Jason Kenney, P.C., M.P., Minister of Citizenship,
Immigration and Multiculturalism, advising of the establishment of the
Paul Yuzyk Award for Multiculturalism acknowledging and honouring
individuals who have made exceptional contributions to
multiculturalism and diversity and including a $20,000 grant to be
given to an eligible, registered not-for-profit Canadian organization or
association of the recipient’s choice. Nominations are being accepted
until March 1, 2010. Further details are available at
www.cic.gc.ca/paulyuzyk.
(Municipal Clerk place information on
the Municipal Website)
D - 6 Joanne McFarland, Clarington Polar Bear Swim Organizer,
requesting approval for members of Clarington Fire Station 2 to
th
attend the 10 Annual Clarington Polar Bear Swim to raise
awareness of the urgent need of organ and tissue donations and to
raise awareness and support for liver disease research. Last year,
$9,000 was presented to The Hospital for Sick Children with a grand
total of $30,000 raised in five years.
(Request approved)
Council Meeting Minutes - 13 - December 14, 2009
D - 7 Gary Jeffery, Chair, Agricultural Advisory Committee of Clarington,
(AACC) indicating the AACC has reconsidered their motion passed in
January regarding half-loads and on November 12, 2009, endorsed
the following resolution:
“WHEREAS the Highway Traffic Act of the Province of Ontario in
Section 122 sets out the weight restrictions for reduced load periods
and the exceptions to this restrictions; and
WHEREAS one of the exceptions is for vehicles used exclusively for
the transportation of milk; and
WHEREAS there are other perishable products that need to be
transported onto and off of farms during the season when reduced
load periods are in force; and
WHEREAS the number of truck trips for these perishable products
are limited by the amount of production capacity; and
WHEREAS the Provincial government is supportive of the agricultural
industry which is vital to the economy of Ontario, the local production
of food and food security;
NOW THEREFORE BE IT RESOLVED THAT we request the
Highway Traffic Act, Section 122 be amended to include as an
exception vehicles used for the transport of locally produced
perishable food;
AND FURTHER THAT this resolution be circulated to all members of
the Association of Municipalities of Ontario for endorsement.”
Resolution #C-707-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the resolution from Agricultural Advisory Committee of Clarington, with
respect to an amendment to the Highway Traffic Act, be endorsed.
“CARRIED”
D - 8 The Township of Madawaska Valley advising Council that the
Township of Madawaska Valley adopted the following resolution
pertaining to property tax assessment:
“WHEREAS every property owner in the Province of Ontario has
received an updated Property Assessment Notice indicating their
updated assessed value in the fall of 2008; and
Council Meeting Minutes - 14 - December 14, 2009
AND WHEREAS the Government of Ontario has introduced Bill 187
on March 22, 2007 which has included changes including the change
of the assessment cycle from an annual update to a four-year cycle
for the years 2009, 2010, 2011 & 2012 based on a valuation dated of
January 1, 2008; and
AND WHEREAS the residential property owners in the Township of
Madawaska Valley are seeing an average of 11.22% increase in their
assessment (the second highest in Renfrew County including the
separated Town of Pembroke) knowing that there has been a
dramatic drop in the local real estate market; and
AND WHEREAS under the roles, responsibilities and relationships
identified by MPAC, it is up to the Province of Ontario to make any
changes with regard to the legislation of assessments and the
municipalities are only allowed to tax based on the assessment
provided by the province; and
NOW THEREFORE BE IT RESOLVED THAT the Township of
Madawaska Valley hereby requests that the Province of Ontario
change the legislation of assessment back to values of 2008, a more
realistic value for property owners based on the current market and a
more realistic value for a tax rate to be based on and also, back to a
one year annual assessment better to react to a current real estate
market; and
FURTHER TO THIS, legislation be drafted to recognize the significant
tax burden carried by those owners of waterfront properties who may
be forced to sell their homes due to the unrealistic assessed value
provided for their homes; and
FURTHER TO THIS, this resolution is directed to Premier McGuinty,
Minister of Revenue and all municipalities in the Province of Ontario.”
Resolution #C-708-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the resolution from the Township of Madawaska Valley, with respect to
property tax assessment, be received for information.
“CARRIED”
Council Meeting Minutes - 15 - December 14, 2009
D - 9 Sharon Watt, Federation of Canadian Municipalities (FCM) forwarding
a copy of the following resolution adopted by FCM’s National Board of
Directors pertaining to municipal leadership in climate change action
calling on the Government of Canada to recognize and support
municipal leadership and action in greenhouse gas reduction as part
of Canada’s efforts to meet national or international climate change
objectives:
“WHEREAS a global reduction in the emissions of carbon dioxide
(CO) and its significant contribution to the creation of greenhouse
2
gases (GHG) is necessary to slow climate change and reduce the
risks to our economy, human health, the physical environment and
quality of life;
WHEREAS human activities have caused a dramatic increase in the
amount of carbon dioxide (CO) in the earth’s atmosphere. Since the
2
mid 1700s, the concentration of CO has risen from about 280 parts
2
per million (ppm) to reach 387 ppm in 2009. This amount is likely the
highest concentration in the atmosphere in the past 20 million years;
WHEREAS evidence presented in the Intergovernmental Panel of
Climate Change (IPCC) November 2007 report indicates that
“Warming of the climate system is unequivocal, as is now evident
from observations of increases in global average air and ocean
temperatures, widespread melting of snow and ice and rising global
average sea level” and “Most of the observed increase in global
th
average temperatures since the mid-20 century is very likely due to
the observed increase in anthropogenic GHG concentrations. It is
likely that there has been significant anthropogenic warming over the
past 50 years averaged over each continent (except Antarctica).”;
WHEREAS reducing greenhouse gases makes economic sense.
New and improved infrastructure, renewable energy technologies,
energy efficiency, energy conservation, waste reduction, building
retrofits, transit, walking, cycling, water conservation, better fleet
management, more effective wastewater treatment and distribution,
etc., can reduce short-term and/or long-term municipal operating
costs and help maintain community services, while having a positive
impact on the environment;
WHEREAS the impacts of climate change as well as the responsibility
for mitigation will fall primarily on municipalities;
WHEREAS municipalities are leaders among governments in Canada
when it comes to making climate change a priority;
Council Meeting Minutes - 16 - December 14, 2009
WHEREAS in December, national governments from around the
world will meet in Copenhagen, Denmark to negotiate terms and
conditions of a new global climate agreement;
WHEREAS local community based emission reductions can be lower
cost compared to many other approaches, while also providing
important social, economic, and environmental benefits to citizens
and businesses;
WHEREAS mayors and municipal leaders responsible for the well-
being of communities across Canada have urged federal and
provincial/territorial governments to make climate protection a priority;
WHEREAS the Federation of Canadian Municipalities (FCM)
continues to support the 2005 World Mayors and Municipal Leaders
Declaration on Climate Change committing municipal governments,
each according to their individual circumstances and abilities, to
reduce greenhouse gas emissions by 30 percent from 1990 levels by
2020 and by 80 percent by 2050;
WHEREAS the FCM has climate change as a strategic priority and
has numerous programs and committees such as the Green
Municipal Funds and the Partners for Climate Protection Program,
that support municipal leadership on climate change action;
WHEREAS Minister Baird re-affirmed the Government of Canada’s
position in the House of Commons on November 18, 2009 when he
said, “We need to have real and meaningful action. We need to have
all the big players on board. Canada is committed to doing our part to
make a deal happen in Copenhagen.”
BE IT RESOLVED THAT the Federation of Canadian Municipalities
support the Government of Canada’s commitment to achieve a deal
with real and meaningful action in Copenhagen.
BE IT FURTHER RESOLVED THAT the Federation of Canadian
Municipalities urge the federal government to recognize the important
role that municipalities play in providing practical local solutions for
reducing greenhouse gas emissions.
BE IT FURTHER RESOLVED THAT the Federation of Canadian
Municipalities urge the federal government to partner with and
support municipalities in undertaking emission reduction projects.
Council Meeting Minutes - 17 - December 14, 2009
BE IT FURTHER RESOLVED THAT the Federation of Canadian
Municipalities urge the Government of Canada to seek the re-
inclusion of references to the role of and support for local government
climate change action in the latest negotiating text of the Conference
of the Parties, leading up to the Copenhagen meetings in December
2009.”
Resolution #C-709-09
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the resolution from FCM’s National Board of Directors, with respect to
municipal leadership in climate change action, be endorsed.
“CARRIED”
D - 10 Neil Stewart, Chairperson of the McNab/Braeside Disaster Relief
Committee, advising that the Township of McNab/Braeside suffered
severe damage to many farms and homes as a result of a torrential
rainstorm which caused localized flooding on July 24, 2009; indicating
the community has established a Disaster Relief Committee with a
fundraising target of $150,000; advising that the Provincial
government will contribute up to $2 for every local dollar raised to an
amount necessary to settle all claims; and, requesting Council’s
support in providing financial assistance to their community.
Resolution #C-710-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D – 10 from Neil Stewart, Chairperson of the
McNab/Braeside Disaster Relief Committee, requesting financial assistance, be
received for information.
“CARRIED”
D - 11 The Town of Niagara-On-The-Lake advising Council that on
November 23, 2009, the Town of Niagara-On-The-Lake adopted the
following motion pertaining to a Benefit-Sharing Agreement:
“NOW THEREFORE BE IT RESOLVED THAT the Region of Niagara
be requested to enter into a benefit sharing agreement with the lower
tier municipalities; and
THAT Lord Mayor Gary Burroughs and Regional Councillor Dave
Lepp table the attached motion in support of that agreement at
Regional Council before the finalization of their 2010 budget; and
Council Meeting Minutes - 18 - December 14, 2009
THAT this resolution be forwarded to all municipalities within Niagara,
including the Region of Niagara, seeking their support; and
THAT this resolution be forwarded to AMO for circulation to all
Ontario municipalities for their support and endorsement; and
THAT lower tier municipalities across Ontario be requested to follow
the lead of Niagara municipalities and negotiate with their upper tier
partners a benefit-sharing agreement that distributes the uploading
tax room with each municipality in both the upper and lower tiers.”
Resolution #C-711-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT the resolution from the Town of Niagara-On-The-Lake, with respect to a
Benefit-Sharing Agreement, be received for information.
“CARRIED”
D - 12 Kythe Baldwin, Newcastle Minor Hockey Ice Convener, Newcastle
Village Minor Hockey, advising of the shortfall of ice time league
players are faced with when attempting to book ice in Newcastle;
indicating they currently must book ice time outside of the municipality
to not only keep their teams competitive but to just to keep them on
the ice; and, questioning when Council anticipates a new facility will
be built in Newcastle to fulfill the current and ever-expanding need for
ice.
Resolution #C-712-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Correspondence Item D - 12 from Kythe Baldwin, Newcastle Minor
Hockey Ice Convener, Newcastle Village Minor Hockey, with respect to the
shortfall of ice time, be received for information.
“CARRIED”
D - 13 Sharon Vokes, County Clerk/Director of Council Services,
Corporation of the County of Grey, advising Council that on
November 24, 2009, the County of Grey adopted the following
resolution pertaining to Bill 150:
“WHEREAS the Council of the Corporation of the County of Grey has
expressed concern over Bill 150 being the Green Energy and Green
Economy Act which is now in force and effect;
Council Meeting Minutes - 19 - December 14, 2009
AND WHEREAS the need for renewable energy sources is
recognized at the federal, provincial, municipal and local community
levels;
AND WHEREAS wind-generated power is an established source of
renewable energy being created globally;
AND WHEREAS discrepancy exists on the health effects potentially
created by the presence of industrial wind turbines;
AND WHEREAS this discrepancy on the potential health effects is
proving to be destructive and divisive to the social and cultural fabric
of rural communities;
AND WHEREAS other Ontario municipalities have passed resolutions
expressing concern with the health effects association with wind
turbines;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the County of Grey requests that the Federal and
Provincial government agencies responsible for public health, energy
creation and energy management complete the following:
1. Dedicate resources to the necessary scientific research to
consider the impact of
a) low frequency noise, and
b) electrical and electromagnetic disturbances in areas of
industrial wind turbines with the intent to confirm/deny
public health implications;
c) technology and infrastructure being used; and
2. Create and provide authoritative regulations and guidelines for
the locating of wind turbines to municipalities and wind energy
developers;
AND THAT this resolution be forwarded with a request for action to:
The Ontario Ministries of Health, Environment and Energy, Medical
Officers of Health at Public Health Units, Environment Canada, Health
Canada, Grey County MPPs and MPs, the Premier’s Office, the
Prime Minister’s Office, the Association for Municipalities of Ontario
(AMO), and the Federation of Canadian Municipalities (FCM);
AND THAT this resolution be circulated to all municipalities in Ontario
requesting their support.”
Council Meeting Minutes - 20 - December 14, 2009
Resolution #C-713-09
Moved by Councillor Foster, seconded by Councillor Novak
THAT the resolution from the Corporation of the County of Grey, with respect to
Bill 150, be endorsed.
“CARRIED”
D - 14 Robert Kreasul, on behalf of over 150 resident boats in the Port
Darlington Marina, transient boaters, residents of Wiggers Yachts
Basin and users of the Clarington boat launch ramp, expressing
concern that there is not enough depth in the channel to the lake from
September onward creating an unsafe situation to plough through the
mud to get to the lake; indicating that the harbour generates a great
deal of tourism which is adversely affected; and, advising that it is his
understanding that the municipality is required to keep the channel
navigable from the boat launch to the lake which is currently not the
case. Photos and maps to clarify the channel into Port Darlington
were attached to the correspondence.
Resolution #C-714-09
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence Item D – 14 from Robert Kreasul, with respect to Port
Darlington Marina, be referred to staff for preparation of a report addressing
responsibility for channel dredging and associated costs.
“CARRIED”
D - 15 Marion Manders providing comments on Report CLD-027-09 and
requesting Council to continue to support the resolution endorsing a
return to a manual count for the 2010 Municipal Elections.
Resolution #C-715-09
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item D – 15 from Marion Manders, with respect to the
2010 Municipal Elections, be received for information.
“CARRIED”
Council Meeting Minutes - 21 - December 14, 2009
D - 16 Kerry Meydam indicating she is in favour of returning to the traditional
paper ballot method of voting and supports the use of vote tabulators
rather than manual vote counting as long as the method permits
referendum questions to be answered and addresses privacy
concerns.
Resolution #C-716-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT Correspondence Item D – 16 from Kerry Meydam, with respect to the 2010
Municipal Elections, be received for information.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report December 7,
2009.
Resolution #C-717-09
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of December 7,
2009, be approved, with the exception of Items #6 and #19.
“CARRIED”
Item #6
Resolution #C-718-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Report PSD-117-09 be received;
THAT the Municipality authorize in principle the relocation of the heritage home at 49
Beaver Street South to 45 Edward Street East and 63 Beaver Street South to 111
George Street East;
THAT prior to moving the buildings at 49 Beaver Street South and 63 Beaver Street
South, the applicant:
Council Meeting Minutes - 22 - December 14, 2009
a) File a building permit for and construct the foundation for the relocated houses
after the buildings have been moved to 45 Edward Street East and 111 George
Street East;
b) Enter into a site plan agreement for the expanded mixed use development site
incorporating 97 and 131 King Street East and 49 and 63 Beaver Street South
containing appropriate conditions with respect to relocating the houses at 49
and 63 Beaver Street South; and
c) Obtain the approval of Engineering Services and any relevant agency for
moving the houses;
THAT the cement block houses located at 49 Beaver Street South and 63 Beaver
Street South, be removed from the Municipal Register of properties of cultural heritage
value or interest on the day prior to the moves;
THAT staff be authorized to issue the building permits to allow the buildings to be
moved to 45 Edward Street East and 111 George Street East at the time that
recommendations 3 and 4 have been fulfilled;
THAT the cement block houses relocated to 45 Edward Street East and 111 George
Street East be placed on the Municipal Register of properties of cultural and heritage
interest on the day subsequent to the moves; and
THAT all interested parties listed in this report and any delegation be advised of
Council’s direction.
“CARRIED”
Mayor Abernethy stated a pecuniary interest with respect to Item 19 of Report #1 –
Delegation of Mr. Richard Ward, Regarding Implications Resulting From the
Compliance Audit of 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 Novak chaired this portion of the meeting.
Council Meeting Minutes - 23 - December 14, 2009
Item #19
Resolution #C-719-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the request of Mr. Ward, to reconsider the Compliance Audit of John Mutton, be
denied.
“CARRIED”
Mayor Abernethy resumed the Chair.
STAFF REPORTS
Resolution #C-720-09
Moved by Councillor Woo, seconded by Councillor Trim
THAT Addendum to Report ESD-014-09 be received;
THAT Report ESD-014-09 be received;
THAT the implementation of new service fees and an increase in fees addressed in
Report ESD-014-09 be approved; and
THAT the by-law attached to Report ESD-014-09 as Schedule B be approved.
“CARRIED”
Resolution #C-721-09
Moved by Councillor Novak, seconded by Councillor Trim
THAT Staff Report #2 - Verbal Report of the Chief Administrative Officer concerning
Legal Matters, be referred to a closed session of Council following the Other
Information Section of the Agenda.
“CARRIED”
Council Meeting Minutes - 24 - December 14, 2009
Resolution #C-722-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Staff Report #3 - Verbal Report of the Solicitor regarding Litigation or Potential
Litigation, including matters before Administrative Tribunals, affecting the Local
Municipality or Local Board, be referred to a closed session of Council following the
Other Information Section the Agenda.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
There was no Business Arising from Notice of Motion considered under this
Section of the Agenda.
UNFINISHED BUSINESS
Councillor Trim indicated that he would not be proceeding with the motion concerning
adjustments to the 2010 Municipal budget at this meeting.
BY-LAWS
Resolution #C-723-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2009-169 to 2009-177 inclusive;
2009-169 Being a By-law to adopt Amendment No. 69 to the Clarington
Official Plan
2009-170 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the former Town of Newcastle (Ontario Power
Generation Inc.)
2009-171 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (812723 Ontario Inc.)
2009-172 Being a By-law to require the payment of fees for information and
services provided by the Municipality of Clarington and for
prescribing the amount of such fees and to amend By-law 96-032,
as amended
Council Meeting Minutes - 25 - December 14, 2009
2009-173 Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and the Darlington
Soccer Club, Bowmanville, Ontario, to enter into agreement for the
lease space at Bowmanville Indoor Soccer Facility, 2375 Baseline
Road Bowmanville, Ontario to operate the concession
2009-174 Being a By-law to provide for advance votes to be held prior to the
2010 Voting Day
2009-175 Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and The Clarington
Concert Band to authorize the Band to present itself as the Official
Town Band of Clarington
2009-176 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
2009-177 Being a By-law to authorize the execution of an Inter-creditor
Agreement between Veridian Corporation, Veridian Connections
Inc., the City of Pickering, the Town of Ajax, the Municipality of
Clarington, the City of Belleville and the Toronto Dominion Bank;
and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
Deputy Mayor Novak assumed the Chair.
Mayor Abernethy and Councillor Woo gave notice that they will be introducing the
following motion at the next Council meeting:
“THAT Resolution GPA-351-09 which approves Pay Equity for the Non-Affiliated staff
be amended to rescind the following clause:
That in order to maintain pay equity Department Heads and Emergency
Services Deputies be adjusted by the recognition pay value if awarded to the
Fire Association employees at 3%, 6% and 9% effective January 1, 2010
without retroactivity to prior years; and
THAT the remaining clauses of the resolution remain unaltered.”
Mayor Abernethy resumed the Chair.
Council Meeting Minutes - 26 - December 14, 2009
OTHER INFORMATION
Councillor Hooper expressed concern with the speed of traffic on Baseline Road, west
of Green Road indicating the issue is not being monitored and suggested that the
Traffic Management Committee be requested to investigate.
Councillor Foster questioned how last-minute Agenda items are being put before
Council at the meeting, and if the Municipal Clerk could develop a process on how to
bring forward last minute items.
Resolution #C-724-09
Moved by Councillor Novak, seconded by Councillor Robinson
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of dealing with three matters regarding litigation or
potential litigation, including matters before administrative tribunals, affecting the
municipality or local board.
“CARRIED”
The meeting resumed in open session at 9:06 p.m.
The Mayor advised that three items were discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to
provide direction to staff.
Mayor Abernethy stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
Deputy Mayor Novak chaired the remainder of the meeting.
CONFIRMING BY-LAW
Resolution #C-725-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-178 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 14 day of December, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes - 27 -
ADJOURNMENT
Resolution #C-727-09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 9:08 p.m.
"CARRIED"
December 14, 2009