HomeMy WebLinkAbout01/11/2010
~1~iJlgton
DATE: MONDAY, JANUARY 11,2010
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held December 14, 2009
Minutes of a special meeting of Council held December 16, 2009
PRESENTATIONS
There are no Presentations scheduled for this meeting.
DELEGATIONS (List as of Time of Publication)
There are no Delegations scheduled as of the time of publication.
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Task Force for Attracting Higher Education Facilities
dated July 20, September 11, September 25 and November 5, 2009
I - 2 Minutes of the St. Marys Cement Community Relations Committee
dated December 1, 2009
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated December 8, 2009
I - 4 Winter Warmth Media Release - Growing Support of Local Utilities for
the Winter Warmth Program
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Council Agenda
- 2 -
January 11, 2010
1-5 Gary Toft, Director of Communications, Office of the Honourable Gary
Goodyear, Minister of State (Federal Economic Development Agency
for Southern Ontario) - Intake Two of The Community Adjustment
Fund
I - 6 Diane Ploss, Policy Advisor, Ministry of Municipal Affairs and
Housing - Ontario Tourism Event Marketing Partnership Program
I - 7 P.M. Madill, Regional Clerk, Region of Durham - 2011 Census
Geographic Convergence Project - Inclusion of the Durham Road
Network File
1-8 P.M. Madill, Regional Clerk, Region of Durham - 2010 Interim
Property Tax Levy
I - 9 P.M. Madill, Regional Clerk, Region of Durham - Timetable for
Approval of the 2010 Regional Business Plans, Detailed Budgets and
Public Notification Provisions
I - 10 Tara Alkhalisi, Project Coordinator, DurhamlYork Residual Waste
Study - Addendum to the EA Study Document
I - 11 The Honourable Lisa Raitt, P.C., M.P., Minister of Natural Resources,
Canada - Atomic Energy of Canada Limited (AECL) Restructuring
Initiative
I - 12 Chief Constable Mike Ewles, Durham Regional Police Service
(DRPS) - Frontline Service Delivery, 2008-2010 Strategic Business
Plan and 2008 Annual Report
I - 13 Tania Laverty, Manager, Communications, Region of Durham -
Durham's 2010 Accessibility Plan
1-14 P.M. Madill, Regional Clerk, Region of Durham - Regulations to the
Green Enerqy and Green Economy Act. 2009 and Renewable Energy
Project Approvals Process
I - 15 Rebecca Evans, President, Durham Region Home Builders
Association - Payment of Development Charges
I - 16 The Honourable Dwight Duncan, Minister of Finance and the
Honourable Jim Watson, Minister of Municipal Affairs and Housing -
Ontario Municipal Partnership Fund
Council Agenda
- 3 -
January 11, 2010
I - 17 D. Jeffrey Dea, Project Officer, Environmental Assessment and
Approvals Branch, Ministry of the Environment - 407 East
Environmental Assessment
Receive for Direction
D - 1 Gene S. Ponniah - Appeal on Yard Waste Classification and Review
of Related By-laws
D - 2 Meg Lush - Petition regarding Daycare at 10 Rickaby
D - 3 Bill and Terry Thompson - Mitchells Corners
D - 4 Marc Van Herwijnen - Mitchells Corners
D - 5 Lou Politano, P.Eng., Regional Director, Ministry of Transportation -
Width of Sidewalks
D - 6 Grant Algar - Request for Extension to Building Permit
D - 7 Keith Isnor, Chair, Clarington Museums and Archives Board -
Request for Funds from the Sturch Estate
D - 8 Allen Eidsness - Dale Park Drive Parking
D - 9 Linda Duffie, Immediate Past President, Lions Club of Bowmanville,
Request for Proclamation of "Lions Club of Bowmanville" Week
D - 10 The Township of Mapleton - Wind Energy Project
D - 11 Ric McGee, Mayor, City of Kawartha Lakes - Wind Turbines
D - 12 Mayor Rick Bonnette, Town of Halton Hills - Disposition of Surplus
Real Property
D - 13 Mayor David Guergis, Township of Essa - Conservation Authorities
D - 14 P. M. Madill, Regional Clerk, Region of Durham - Memorandum from
Dr. Robert Kyle, Commissioner & Medical Officer of Health Re:
Lambton County Council Resolution
D - 15 Carolyn Downs, City Clerk, City of Kingston - Exemption of Electricity
Sales from Provincial Portion of Harmonized Sales Tax
Council Agenda
- 4 -
January 11, 2010
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of January 4, 2010
STAFF REPORT(S)
BUSINESS ARISING FROM NOTICE OF MOTION
Moved by Mayor Abernethy, seconded by Councillor Woo
"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."
UNFINISHED BUSINESS
1. Addendum 2 to Report PSD-067 -09 - Status Report: Appeal to the Ontario
Municipal Board by Smooth Run Developments Inc. (Metrus Developments
Inc.) Brookfield Homes (Ontario) Limited on Applications in the Village North
Neighbourhood in Newcastle
BY-LAWS
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
CI~n
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:
Also Present:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
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.
"CARRI ED"
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 1-1,1- 9,1-10,1-11 and 1-14.
"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
1-4 Minutes of the Central Lake Ontario Conservation Authority dated
November 17, 2009
1-5 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.
1-6 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.
1-12 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 Planninq 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 Planninq 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."
1-13 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:
"Reqional Solid Waste Manaqement 70% Diversion Plan
a) THAT the Joint Works and Finance and Administration Committ
recommend the following in support of the Regional waste diver
program, based upon the Council approved Property Tax Guide
of a 0.1 % tax impact (estimated at $37.4 million) approved for tt
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 no
exceed $0.2 million to the existing contract, and to be financ
within the 2010 and future Solid Waste Management Opera
Budgets;
ii) Regional Works and Finance staff be authorized to develop
implement a Blue Box Bin distribution plan which makes
additional Blue Box containers available to residents at a ne
program cost not to exceed $0.5 million to be financed withi
Solid Waste Management Budget and provided the Provinc
subsidy as noted in recommendation iii) below;
iii) Regional Works and Finance staff be authorized to apply fo
if successful, enter into applicable agreements to receive u~
$1 million of Provincial subsidy from the Continuous
Improvement Fund under the Waste Diversion Ontario (WD
Blue Box Program Plan to develop and implement a Blue g.
Bin distribution plan in Durham Region;
iv) Regional Works and Finance staff be authorized to plan anc
implement, in consultation with the eight local area
municipalities, up to four new special waste events in suppc
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 an<
launch two pilot studies at a total cost not to exceed $0.2 m
in order to provide for an assessment of the diversion poten
from offering polystyrene and mattress and upholstery recyc
programs at the Region's Waste Management facilities (W~
with related business plans to be presented to Joint Works i
Finance Committee for 2011 Business Planning purposes;
vi) Regional Works and Finance staff be authorized to investigi
potential implementation plans, infrastructure and other
implications of reuse programs and eco-stations proposed c
part of the 70% Diversion Plan, including potential for the
development of community partnerships with various agenc
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
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December 14, 2009
Reqional Solid Waste Manaqement Fees and Charqes
b) THAT the Regional Fees and Charges schedule for 2010 Solid
Waste Management Operations, as per Attachment #1 to Repol
2009-J-44 of the Commissioners of Finance and Works, be app
and form a part of the annual Regional listing of Fees and Char~
made available to the public, with 2010 fees and charges amenc
2010 to reflect tire loads accepted free of charge where they arE
isolated from other materials, as noted in Report 2009-WR-13 a
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 Regil
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.
1- 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"
1-9 Marie-Michele Laferriere, 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-Michele Laferriere, 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 Weiland 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 Weiland 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"
1-14 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.
"CARRI ED"
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.
"CARR I ED"
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.qov.on.ca/enqlish/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.qc.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
attend the 10th 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 Hiqhway 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
Hiqhway 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 Hiqhway Traffic Act, be endorsed.
"CARRI ED"
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
(C02) and its significant contribution to the creation of greenhouse
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 (C02) in the earth's atmosphere. Since the
mid 1700s, the concentration of CO2 has risen from about 280 parts
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;
WHE,REAS 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
average temperatures since the mid-20th 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-71 0-09
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.
"CARRI ED"
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 ofthe 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.
"CARRI ED"
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 Sand 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.
"CARRI ED"
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
on the 14th 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
ADJOURNMENT
Resolution #C-727 -09
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 9:08 p.m.
- 27 -
December 14, 2009
"CARRIED"
MAYOR
MUNICIPAL CLERK
C!ilJgton
Special Council Meeting Minutes
DECEMBER 16, 2009
Minutes of a special meeting of Council held on December 16, 2009, at 4:45 p.m., at
the Courtice Community Complex.
ROLL CALL
Present Were:
Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
CouncillorW. Woo
Also Present:
Director of Corporate Services and Human Resources, M. Marano
Operations Coordinator, K. Rand
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
MATTERS OF BUSINESS
Resolution #C-728-09
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the rules of procedure be suspended to allow for a motion of reconsideration to
be introduced.
"CARRIED"
Resolution #C-729-09
Moved by Councillor Woo, seconded by Councillor Robinson
THAT Resolution #C-665-09, as amended, be reconsidered to allow for an
amendment to the Seniors and Physically Disabled Sidewalk and Windrow Snow
Clearing Services application deadline of December 4,2009, as approved in Report
COD-062-09.
"CARRIED"
Special Council Meeting Minutes
- 2 -
December 16, 2009
Resolution #C-730-09
Moved by Councillor Robinson, seconded by Councillor Novak
WHEREAS, in light of the difficulty in establishing contractors to provide the Senior
Snow Clearing for the January to April 2010 season;
NOW THEREFORE BE IT RESOLVED:
THAT the deadline for application to the January - April 2010 Senior Snow Clearing
program be extended to 4:00 p.m. on January 4,2010 with no exceptions beyond that
date;
THAT the established $60 fee remain unchanged for any registrants applying under
the extended date;
THAT all qualifying criteria remain unchanged from original program;
THAT Staff be authorized to waive the existing advertisement policy to allow
advertisement of the extension in the appropriate Wednesday and/or Friday
newspapers, in addition to the Clarington website noting the following:
a) the Municipal Administrative Centre closure dates over the holidays, but forms
can be mailed to the Municipal Offices during the closure dates;
b) the application form will be available to print from the website, and mailed;
c) staff will contact registrants who have applied under the extended date to set up
visit to confirm eligibility and appropriate property information;
THAT staff be authorized to make arrangements with contractor to provide services to
registrants under the extended date, in the most effective manner possible, within the
existing contract; and
THAT registrants under the extended deadline be advised that the start date of
service will be delayed and every attempt will be made to accommodate a target date
of January 31,2010.
"CARRIED AS AMENDED
LATER IN THE MEETING"
(SEE FOLLOWING AMENDING MOTIONS)
Special Council Meeting Minutes
- 3 -
December 16. 2009
Resolution #C-731-09
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the foregoing Resolution #C-730-09 be amended in the third paragraph by
deleting the word "no" and replacing it with the words "only compassionate".
"CARRIED"
Resolution #C-732-09
Moved by Councillor Trim, seconded by Councillor Hooper
THAT the foregoing Resolution #C-730-09 be amended in the last paragraph by
deleting the word "of' in the last line and replacing it with the words "on or before".
"CARRIED"
The foregoing Resolution #C-730-09 was then put to a vote and CARRIED AS
AMENDED.
CONFIRMING BY-LAW
Resolution #C-733-09
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2009-179 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a specail meeting held
on the 16th day of December, 2009; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-734-09
Moved by Councillor Robinson, seconded by Councillor Woo
THAT the meeting adjourn at 5:11 p.m.
"CARRIED"
MAYOR
MUNICIPAL CLERK
SUMMARY OF CORRESPONDENCE
January 11, 2010
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Task Force for Attracting Higher Education Facilities
dated July 20, September 11, September 25 and November 5,2009.
(Copies attached)
I - 2 Minutes of the St. Marys Cement Community Relations Committee
dated December 1,2009. (Copy attached)
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated December 8, 2009. (Copy attached)
1-4 Winter Warmth Media Release dated December 1,2009, announcing
the United Way and local utility partners launch of the 2009-2010
Winter Warmth Program, an initiative that helps financially struggling
families and individuals to pay their energy bills during the cold winter
months; listing participating local utility companies; and, directing
inquiries to call centres at participating utilities who will advise
customers about how to apply for the program and direct them to the
appropriate agency.
I - 5 Gary Toft, Director of Communications, Office of the Honourable Gary
Goodyear, Minister of State (Federal Economic Development Agency
for Southern Ontario) announcing the launch of I ntake Two of The
Community Adjustment Fund supporting economic recovery and job
creation; advising that community organizations, small to medium-
sized businesses, municipalities, aboriginal organizations and
colleges and universities that have been affected by the global
recession can now apply for funding; and, indicating that applications
for funding in 2010-11 will be accepted from December 15, 2009 to
January 18, 2010. Applications are available at
www.southernontario.gc.ca.
I - 6 Diane Ploss, Policy Advisor, Ministry of Municipal Affairs and
Housing, forwarding information on the 2009 Ontario Tourism Event
Marketing Partnership Program, (TEMPP) a program to assist in the
marketing of a selection of tourism events and festivals across the
Province; outlining program objectives, project criteria and funding
levels; and, indicating that applications for funding must be received
four months prior to the date of the tourism event. Further information
is available at www.tourismpartners.com.
Summary of Correspondence
- 2 -
January 11, 2010
1-7 P.M. Madill, Regional Clerk, Region of Durham, advising Council that
on December 16, 2009, Regional Council adopted the following
resolution pertaining to 2011 Census Geographic Convergence
Project - Inclusion of the Durham Road Network File:
lOa) THAT Regional Council request Statistics Canada to include the
Region of Durham's Road Network File in the 2011 Census
Geographic Convergence Project; and
b ) THAT a copy of Report #2009-P-79 of the Commissioner of
Planning be forwarded to the Area Municipalities and Durham
MP's for their information."
1-8 P.M. Madill, Regional Clerk, Region of Durham, advising Council that
on December 16, 2009, Regional Council adopted the following
resolution pertaining to 2010 Interim Property Tax Levy:
lOa) THAT a 2010 Interim Regional Property Tax Levy be imposed
on the Area Municipalities for all property tax classes;
b ) THAT the amount due from each Area Municipality to be
equivalent to 50% of their respective share of the estimated
Regional Property Taxes collected in 2009;
c) THAT the 2010 Interim Regional Property Tax Levy be paid by
the Area Municipalities seven days subsequent to the
installment due dates established by each Area Municipality for
the collection of their respective interim municipal property
taxes;
d) THAT the Regional Clerk be requested to advise the Area
Municipalities of the 2010 Interim Regional Property Tax Levy
for all property tax classes; and
e) THAT the requisite by-law be approved."
1-9 P.M. Madill, Regional Clerk, Region of Durham, advising Council that
on December 16, 2009, Regional Council adopted the following
resolution pertaining to the timetable for approval of the 2010
Regional Business Plans, detailed budgets and public notification
provisions:
"a) THAT the following dates for approval of the 2010 Business Plans
and Budgets for Property Tax Purposes by Standing Committees
and Council be confirmed:
Summary of Correspondence
- 3 -
January 11, 2010
Planninq Committee February 2, 2010
Works Committee February 3, 2010
Health & Social Services February 4, 2010
Committee
Finance & Administration February 9, 10 & 11 (if required),
Committee 2010
Reqional Council February 17, 2010
b ) THAT staff be authorized to notify the public of Regional Council's
intention to adopt the 2010 Regional Business Plans and Budget
for General Property Tax Purposes, the Police Services Board-and
Outside Agencies, Regional Transit and Solid Waste Management
at its regularly scheduled meeting of February 17, 2010; and
c) THAT a copy of Report #2009-F-101 be forwarded to the Police
Services Board, the Conservation Authorities, other Outside
Agencies and the local Area Municipalities."
I - 10 Tara Alkhalisi, Project Coordinator, DurhamlYork Residual Waste
Study, forwarding a copy of the Addendum to the EA Study Document
(as amended November 27,2009), to be made available for public
inspection.
1-11 The Honourable Lisa Raitt, P.C., M.P., Minister of Natural Resources,
Canada, informing Council of the Government's decision to invite
investors to submit proposals for the commercial reactor division of
Atomic Energy of Canada Limited (AECL); highlighting a number of
key objectives to guide the restructuring process of AECL including
the decision to internally re-organize AECL by separating the
commercial reactor division (CANDU Inc.) and the Research and
Technology Division (RTD) and to invite proposals from companies to
invest in CANDU Inc.; and, indicating that the Government believes
that strategic investment in CANDU Inc. will make it more competitive
at home and abroad, give it global scale, lead to new opportunities for
the Canadian Nuclear Industry and to position Canada's nuclear
industry to retain high-skilled jpbs and create new job opportunities in
the future.
Summary of Correspondence
- 4 -
January 11, 2010
I - 12 Chief Constable Mike Ewles, Durham Regional Police Service
(DRPS), announcing that in 2010, DRPS will be implementing a
number of changes that will enhance frontline service, specifically in
the area of emergency response and neighbourhood problem-solving;
indicating the revised patrol map and new work zone areas will be
based on five areas: West Division (formerly 19 Division), Central
West Division (formerly 18 Division), Central East Division (formerly
17 Division), East Division (formerly 16 Division) and North Division
(formerly 15 Division); attaching a diagram of boundaries; and,
forwarding copies of the 2008-2010 Strategic Business Plan and 2008
Annual Report.
I - 13 Tania Laverty, Manager, Communications, Region of Durham, News
Release dated December 16, 2009, announcing the adoption of the
Region's 2010 Accessibility Pfan, based on information contained in
the Accessibility for Ontarians with Disabilities Act. 2005 which aims
to remove and prevent barriers for people with disabilities, especially
through the incorporation of five standards: customer service,
information and communications, transportation, employment, and
built environment. Copies of the Plan are available from the Region's
website at www.durham.ca.
1-14 P.M. Madill, Regional Clerk, Region of Durham, advising Council that
on December 16, 2009, Regional Council adopted the following
resolution pertaining to regulations to the Green Enerqy and Green
Economy Act. 2009 and Renewable Energy Project approvals
process:
"a) THAT Joint Report #2009-J-49 be received for information; and
b ) THAT a copy of Joint Report #2009-J-49 be forwarded to the
Durham Area Municipalities for their information."
I - 15 Rebecca Evans, President, Durham Region Home Builders
Association, writing to Roger Anderson, Regional Chair, advising
several members of the Association have received requests for
payment of Development Charges for sanitary sewerage services in
accordance with subdivision agreements and noting that draws will be
taken from existing letters of credit if payments are not received; and,
requesting a temporary hold of this process to allow representatives
to discuss an equitable means to manage these conditions which will
be essential to the regeneration of the building industry in Durham.
Summary of Correspondence
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January 11, 2010
I - 16 The Honourable Dwight Duncan, Minister of Finance and the
Honourable Jim Watson, Minister of Municipal Affairs and Housing,
announcing the release of the Ontario Municipal Partnership Fund
(OMPF) allocations for 2010; acknowledging that the $709 million
provided in respect of OMPF mitigation was special one-time
assistance for 2009 and that requests for 2010 would be considered
in the context of the province's worsening fiscal situation; indicating
that the government will not be providing full mitigation beyond 2009
but will provide $25 million in transitional assistance for 2010 only
and suggesting that municipalities should continue to exercise
prudent fiscal management in their future budget planning. Further
details on the 2010 OMPF will be provided to Municipal Treasurers in
the near future and is also available at www.fin.gov.on.ca/en/budget/
ompf/2010/.
I - 17 D. Jeffrey Dea, Project Officer, Environmental Assessment and
Approvals Branch, Ministry of the Environment, forwarding copies of
the Notice of Completion of Ministry Review and the Ministry Review
of the 407 East Environmental Assessment for public review,
outlining the procedure for making a submission or requesting a
hearing on the application; and advising that submissions or
requests for hearing must be received by the Ministry of the
Environment by January 29,2010.
CORRESPONDENCE FOR DIRECTION
D - 1 Gene S. Ponniah, expressing concern with the manner in which a
municipal by-law complaint regarding wet leaves from a
neighbouring property was interpreted under current by-laws; the
limited scope taken by the Officer in pursuing the complaint; and,
offering suggested amendments to various by-laws to aid in
enforcement, to address standards for the maintenance of all
properties and to address isolated shortcomings.
(Motion to refer correspondence to
the Municipal Clerk)
Summary of Correspondence
- 6 -
January 11, 2010
D - 2 Meg Lush forwarding a petition to stop the closing or relocation of the
daycare operated by Helena" Diogo and the sitters at 10 Rickaby in
Sowmanville due to having too many children. The correspondence
indicates there have been no previous complaints and the operators
provide a safe, loving and convenient environment to a number of
children who will be uprooted from their routines, their friends and
comfort zone by the Order.
(Motion to refer correspondence to
the Municipal Clerk)
D - 3 Bill and Terry Thompson expressing concern with comments made
by Guiseppe Braccia at the Council meeting of December 14,2009,
concerning Mitchells Corners; indicating that Mr. Sraccia was not
speaking on behalf of all residents of Mitchells Corners as many
residents are against the construction of sidewalks and sewers and
that those who signed the petition thought it was just to have the
ditches filled in; and, questioning what steps can be taken to oppose
Mr. Braccia's request.
(Motion to refer correspondence to
the Director of Engineering Services)
D - 4 Marc Van Herwijnen advising he is not in support of sewers and
sidewalks being constructed on Trulls Road in Mitchells Corners and
suggesting that speed bumps be installed on Trulls Road to reduce
speeding north of Pebblestone Road and south of Taunton Road to
address safety concerns.
(Motion to refer correspondence to
the Director of Engineering Services)
D - 5 Lou Politano, P.Eng., Regional Director, Ministry of Transportation,
responding to Council's correspondence regarding 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; urging the Minister 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; advising that the Ministry's practice for sidewalks on bridges
requires that the width of the sidewalk crossing a bridge matches the
width of the sidewalk on the approach road; and, indicating that the
Summary of Correspondence
- 7 -
January 11, 2010
Ministry will consult with Regional and Municipal staff to ensure that
the proposed works meet design standards and can be compatible
with municipal plans, and that exact widths and financial
responsibility will be further addressed with staff during the
assignment.
(Motion to refer correspondence to
the Accessibility Advisory Committee)
D - 6 Grant Algar requesting an extension to Building Permit No. 08.0509
for 4327 Fices Road until April 30, 2010, due to problems resulting
from a wet summer, early winter with cold temperatures, lack of
available trades and delayed siding.
(Motion to approve extension for the
use of temporary living quarters at
4327 Fices Road until April 30, 2010
subject to the signing of a further
letter of undertaking)
D - 7 Keith Isnor, Chair, Clarington Museums and Archives Board,
requesting $2,000 from the Sturch Estate in the Bowmanville
Museum Reserve Funds to purchase storage bins for the doll and
toy collection at Clarington Museums and Archives.
(Motion to approve request for $2,000
. from the Sturch Estate in the
Bowmanville Museum Reserve
Funds)
D - 8 Allen Eidsness expressing concern with vehicles parked on Dale
Park Drive during the daytime and overnight creating a safety issue,
particularly during the winter when snowbanks reduce the travelled
portion of the roadway making it difficult, and occasionally,
impossible to drive down the street; suggesting that "No Parking"
signs be installed on Dale Park Drive; also expressing concern with
cars parked on Varcoe Road creating an unsafe situation for drivers
exiting from Dale Park Drive onto Varcoe Road to see southbound
traffic on Varcoe Road due to vehicles parked on the east side of
Varcoe Road, and suggesting that the "No Parking" sign be moved
northward to create a safer intersection.
. (Motion to refer correspondence to
the Director of Engineering Services)
Summary of Correspondence
D-9
D -10
D - 11
- 8 -
January 11, 2010
Linda Duffie, Immediate Past President, Lions Club of Bowmanville,
requesting the week commencing May 15, 2010, be declared "Lions
Club of Bowmanville" Week, in Clarington in recognition of the Club's
75th Anniversary of community service to the municipality.
(Motion to Proclaim)
The Township of Mapleton advising Council that on December 8,
2009, the Township of Mapleton adopted the following resolution
pertaining to wind energy projects in the Village of Arthur:
"WHEREAS the Council of the Township of Mapleton has received a
petition of 250+ citizens with concerns about health issues and
ground water protection;
NOW THEREFORE the Council of the Township of Mapleton hereby
request that the Government of Ontario through the Ministry of
Environment issue a moratorium on wind energy projects until a
health study has been completed by an independent third party;
AND FURTHER THAT this resolution be forwarded to the County of
Wellington and other municipalities within the County of Wellington
for their support and endorsement, as well as the Association of
Municipalities of Ontario."
(Motion for Direction)
Ric McGee, Mayor, City of Kawartha Lakes, advising Council that on
October 27,2009, the City of Kawartha Lakes adopted the following
resolution pertaining to wind turbines:
"WHEREAS the Province of Ontario has recently passed the Green
Enerqy Act: and
WHEREAS the Township of Manvers in the City of Kawartha Lakes
has been identified for wind farm development; and
WHEREAS currently a number of wind turbine development
companies have publicly signaled a desired presence; and
WHEREAS wind-generated power is an established source of
renewable energy being created globally; and
WHEREAS there are legitimate concerns and studies relating to
alternative energy sources put forward from various sources that
have expressed concerns regarding health, safety and economic
impacts for those living close to developed sites; and
Summary of Correspondence
- 9 -
January 11, 2010
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 respect to the health effects associated with
wind turbines; and
WHEREAS with the passage of the Green Enerqy Act, the
Municipality is excluded from the input and decision making, process
relating to the location, setbacks, etc. and this impacts on the
municipality's ability to address the public concern and control good
planning principles throughout the municipality; and
WHEREAS the right of an individual to appeal the location and
placement of alternative energy sources such as wind turbines and
solar panels has been removed with the passage of the Green
Enerqy Act; and
WHEREAS the proposed study areas of windmill projects may
include or abut schools; residential areas; conservation areas and
the Oak Ridges Moraine; and
WHEREAS populated and publicly owned and occupied lands are
being identified for industrial wind turbine development; and
WHEREAS the guidelines for the Green Enerqy Act do not specify
whether the infrastructure costs related to the windmill projects will
be covered by the province, the municipality or the wind companies;
and
WHEREAS in many other jurisdictions the required setbacks range
between 1.5 km and 2 km; .
Summary of Correspondence
- 10 -
January 11, 2010
THEREFORE BE IT RESOLVED THAT the Council of the City of
Kawartha Lakes requests in advance of the issuance of any permits
and the commencement or co'ntinuance of any projects that the
appropriate Provincial Health Officials conduct a study of the adverse
health effects now being experienced where windmill projects are
fully operational to determine the possible adverse health effects; a
full environmental study be done to determine the possible impact on
the conservation areas and the Oak Ridges Moraine and that an
independent economic impact study be done to determine all related
potential costs that will be incurred by the Municipality and the effect
on property values in the affected areas;
THAT this resolution be forwarded with a request for action and
support to: The Ontario Ministries of Health, Environment and
Energy, Chief Medical Officer of Canada, Chief Medical Officer of
Ontario, Medical Officers of Health at Public Health Units,
Environment Canada, Environmental Commissioner, Health Canada,
all MPPs and MPs, The Premier's Office, The Prime Minister's
Office, the Association of Municipalities of Ontario (AMO), and the
Federation of Canadian Municipalities (FCM); and
THAT this resolution be circulated to all municipalities and native
territories in Ontario requesting their support."
(Motion for Direction)
D - 12 Mayor Rick Bonnette, Town of Halton Hills, advising Council that on
, June 29, 2009, the Town of Halton Hills adopted the following
resolution pertaining to disposition of surplus real property:
"WHEREAS Ontario's Planning Legislation including the Provincial
Policy Statement, the Places to Grow Act etc. recognizes that in
order to accommodate future population growth, support economic
prosperity and achieve a high .quality of life for all Ontarians, planning
must occur in a rational and strategic way;
AND WHEREAS the Government of Ontario recognizes within its
Planning Legislation including the Provincial Policy Statement and
the Places to Grow Act etc. that an integrated and coordinated
approach to making decisions about growth across all levels of
government will contribute to maximizing the value of public
investments; ,
Summary of Correspondence
- 11 -
January 11, 2010
AND WHEREAS a key purpose of Ontario's Planning Legislation
including the Provincial Policy Statement and the Places to Grow Act
etc., is to enable decisions about growth to be made in ways that
sustain a robust economy, build strong communities and promote a
healthy environment and a culture of conservation;
AND WHEREAS Ontario's Planning Legislation including the
Provincial Policy Statement and the Places to Grow Act etc.
encourages municipalities, conservation authorities, non government
organizations and other interested parties to develop a system of
publicly accessible parkland, open space, trails, and recreation areas
within the Greater Golden Horseshoe;
AND WHEREAS Planning Legislation including the Provincial Policy
Statement and the Places to Grow Act etc. encourages
municipalities to establish an urban open space system within built-
up areas, which may include rooftop gardens, communal courtyards,
public parks and recreational areas;
AND WHEREAS the sale of existing public green space or active or
passive parkland associated with school sites declared surplus, in
whole or in part, by local school boards solely for redevelopment
fundamentally undermines the intent, purpose and spirit of Ontario's
Planning Legislation including the Provincial Policy Statement and
the Places to Grow Act etc. as identified above;
AND WHEREAS a large majority of existing public green space or
active or passive parkland associated with school sites and owned
by local school boards have been in use by the public for decades
and have become significant elements of that community's system of
publicly accessible parkland, open space, trails and recreation areas
and have been the subject of formal joint use/reciprocal use
agreements between school boards and municipalities;
AND WHEREAS local school boards indicate they are constrained in
their consideration of innovative, community oriented, or future
focused opportunities for the disposal of surplus property necessary
to meet the purpose, intent and spirit of the Provincial Planning
Legislation including the Provincial Policy Statement and the Places
to Grow Act etc. because of Ontario Regulation 444/98 (Disposition
of Surplus Real Property) and in particular the Provincial
Government's requirement that an "offer must be for sale, lease or
otherwise dispose of the property at fair market value;
Summary of Correspondence
- 12 -
January 11 , 2010
NOW THEREFORE BE IT RESOLVED THAT the Government of
Ontario immediately amend Ontario Regulation 444/98 (Disposition
of Surplus Real Property) to require meaningful consideration of
innovative, community oriented and/or future focused opportunities
for the disposal of surplus properties intended to meet the purpose
intent and spirit of Provincial Planning Legislation including the
Provincial Policy Statement and the Places to Grow Act etc. by
supporting a municipality's system of publicly accessible parkland,
open space, trails, and recreational areas;
AND FURTHER BE IT RESOLVED THAT the Government of
Ontario and the Ministry of Education direct local school boards to
explore innovative, community oriented and/or future focused
opportunities for the disposal of surplus properties within local
municipalities on a 'first right of refusal basis' in order to meet the
purpose, intent and spirit of Provincial Planning Legislation including
the Provincial Policy Statement and the Places to Grow Act etc. by
supporting a municipality's system of publicly accessible parkland,
open space, trails and recreational areas;
AND FURTHER BE IT RESOLVED THAT the Government of
Ontario and the Ministry of Education introduce sufficient flexibility in
the Ontario Regulation 444/98 (Disposition of Surplus Real Property)
requirement for local school boards to sell, lease or otherwise
dispose of property at fair market value by permitting the sale, lease
or otherwise disposal at significantly less than fair market value
based on highest or best development use to enable those projects
to meet the purpose, intent and spirit of Provincial Planning
Legislation including the Provincial Policy Statement and the Places
to Grow Act etc. by supporting a municipality's system of publicly
accessible parkland, open space, trails and recreational areas;
AND FURTHER BE IT RESOLVED THAT a copy of this resolution
be forwarded to the Honourable Dalton McGuinty, Premier of
Ontario, the Honourable Kathleen Wynne, Minister of Education, all
local municipalities in Halton, AMO, and local MPP Ted Arnott for
consideration, endorsement and implementation.
(Motion for Direction)
Summary of Correspondence
- 13 -
January 11, 20.10
D - 13 Mayor David Guergis, Township of Essa, forwarding a resolution
adopted by the Township of Essa calling for an independent third-
party review of the NVCA, their local Conservation Authority, in
response to escalating costs and the steady stream of new
restrictions, new permit fees and studies required to develop in their
municipality; advising his goal is to see the planning part of the
Conservation Authority be amalgamated into the upper tier to
eliminate multi levels of costly bureaucracy leaving conservation staff
to focus on repairing watersheds, building public and private
partnerships to plant trees, stabilize river banks, improve spawning
beds, etc.; acknowledging that his motion is specific to NVCA and
indicating that he has been requested to circulate the motion by his
area colleagues; and, suggesting that if other jurisdictions have
strained relationships with their Conservation Authorities, now is the
time to deal with it.
(Motion for Direction)
D - 14 P. M. Madill, Regional Clerk, Region of Durham, advising Council
that on December 16, 2009, Regional Council adopted the following
resolution pertaining to Memorandum from Dr. Robert Kyle,
Commissioner & Medical Officer of Health, dated December 3, 2009
Re: Lambton County Council Resolution:
"a) THAT the following recommendations of the Lambton County
Council dated October 7, 2009, with respect to restructuring of
health care in rural and northern communities, be endorsed:
'THAT the County of Lambton support the resolution concerning
a moratorium on major health care restructuring as follows:
WHEREAS the 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;
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;
Summary of Correspondence
- 14 -
January 11, 2010
WHEREAS it is deemed necessary and expedient for
small, rural and northern Municipalities to call upon the
government to impose a moratorium on any further
reductions to health care services in rural and northern
communities;
NOW THEREFORE BE IT RESOLVED by the 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 su.Pport local delivery systems;
Summary of Correspondence
- 15 -
January 11, 2010
7. The implementation of standards regarding EMS
availability in the event of a closure of an emergency
department;
THAT a copy of this resolution be sent to all small, rural
and northern Municipalities in the Province of Ontario for
support; and further,
THAT the Ontario Ombudsman and Auditor General are
so notified of this action as well as all other appropriate
persons and local Members of Parliament.'; and
b) THAT the Premier of Ontario, Minister of Health and Long-Term
Care, Durham's MPPs and municipalities, and Lambton County
Council be so advised."
(Motion for Direction)
D - 15
Carolyn Downs, City Clerk, City of Kingston, advising Council that on
December 15, 2009, the City of Kingston adopted the following
resolution pertaining to exemption of electricity sales from Provincial
portion of harmonized sales tax:
"WHEREAS Ontario's 2009 budget has proposed to harmonize sales
taxes, the implementation of which will apply to electricity rates
starting July 1, 2010, having the effect of increasing electricity rates
by 8% across the Province; and
WHEREAS this increase in taxation on electricity bills will provide
undue hardship to the residents and businesses of Ontario,
particularly middle and low income families who are being hard
pressed during the current economic recession due to reduced
incomes and job losses and small businesses that are struggling to
stay financially viable;
THEREFORE BE IT RESOLVED THAT the Province of Ontario be
requested to exempt electricity sales from the provincial portion of
the single harmonized sales tax;
AND FURTHER THAT this resolution be forwarded to all Ontario
municipalities with a population over 50,000 for their support;
AND FURTHER THAT this resolution be forwarded to the Premier,
Deputy Premier/Minister of Energy and Infrastructure, Minister of
Finance, Minister of Municipal Affairs and Housing and the AMO."
(Motion for Direction)
I - 1
Task Force for Attracting Higher Education Facilities
Minutes of Inaugural Meeting
Monday, July 20, 2009
Bobby C's Restaurant
Present Were:
Mayor Jim Abernethy
Bill Humber
Rev. Dr. Dorcas Gordon
Deborah Patrick
Valentine Lovekin
Paul Halliday
David Crome, Director, Planning Services
Linda Coutu, Executive Assistant to the Mayor
Regrets:
Pierre Tremblay
Mayor Jim Abernethy welcomed everyone to the meeting and asked everyone to introduce
themselves and share some background information with the committee.
Mayor Abernethy advised that energy and science are not the only focus of this committee. In
fact, Holburn Biomedical Corporation, The University of Ontario Institute of Technology and
Lakeridge Health have already formed a partnership in the joint development of research and
training opportunities in the area of medical diagnostics. This partnership will build on DOlT's
existing Health Science program, the Lakeridge Health Education and Research Program and
Holburn's expertise and medical laboratory facilities.
Mayor Abernethy also mentioned that the Nuclear New Build is delayed, but not indefinitely.
This major project will drive the need for educated employees at OPG. There are currently a
large percentage of OPG employees who will be ready to retire within the next ten years.
Discussion ensued pertaining to what sector the committee should focus on, such as, arts;
science; and technology. It was suggested that perhaps a different niche should be considered.
Trent University is establishing a campus in Oshawa to have a stronger liberal arts program. It
was also mentioned that the committee should try to build upon strengths that are already here;
campuses that compliment what has already been established.
There was further discussion about how Universities and Colleges make decisions on expanding
their programs. Members of the Committee provided different perspectives on the type of
facility or opportunity that may exist. It was determined that there is no standard model and that
it can vary from school to school.
The position of Chair of the Committee was mentioned and it was agreed that the committee
members would choose a chair from amongst themselves.
Further discussion ensued pertaining to the potential location of a higher education facility and
there was a general consensus that it would be dependent on the type of facility that is targeted.
Potential sites were within the Energy Park; Science and Technology Park; downtown
Bowmanville (e.g. Bowmanville Sf. Public School) or Camp 30/Training School lands.
David Crome agreed to provide an overview of areas that growth is permitted in Clarington.
This presentation will be made at the next meeting.
General discussion revolved around funding. The Federal government's revitalization/stimulus
package would require "shovel ready" projects and therefore this project would not qualify.
The committee decided upon the dates for the next three meetings, as follows.
Friday, September 11 th at 1 :00 p.m. in Committee Room lA
Friday, September 25th at 2:00 p.m. in Committee Room lA
Thursday, November 5th at 2:00 p.m. in Committee Room lA
The meeting adjourned at 8:30 p.m.
Task Force for Attracting Higher Education Facilities
Minutes of Meeting
Friday, September 11, 2009 at 1 :00 p.m.
Meeting Room lA
Present Were:
Mayor Jim Abernethy
Bill Humber
Valentine Lovekin (arrived at 1:30 p.m.)
Paul Halliday
Pierre Tremblay
Carlos Salazar, Manager of Conimunity Planning and Design
Linda Coutu, Executive Assistant to the Mayor
Regrets:
Rev. Dr. Dorcas Gordon
Deborah Patrick
David Crome, Director, Planning Services
Mayor Jim Abernethy welcomed everyone to the meeting and asked everyone to introduce
themselves to Mr. Tremblay, who was unable to attend the inaugural meeting.
Mayor Abernethy gave a brief overview of the inaugural meeting and advised that many ideas
were shared. As a result of the first meeting, there was a request t6 bring Committee Members
up to date pertaining to growth of the community, and a presentation will be provided at this
meeting.
1. ADOPTION OF MINUTES
Moved by Paul Halliday, seconded by Bill Humber that the minutes of the meeting held on
July 20, 2009, be approved.
"CARRIED"
There was discussion about the name of the committee containing the word "facilities" and
whether or not it could narrow the scope of the committee. It was determined that the meaning
of the word facility is not restricted to a 15-storey high rise or 20 acre learning centre.
2. DATE OF NEXT MEETING
Discussion pertaining to the next meeting date was referred to the end of the agenda.
3. PRESENTATION
Carlos Salazar, Manager of Community Planning and Design, gave a presentation to the
committee entitled "Official Plan Review - Compass to our Future". Copies were provided to all
members present.
Discussion ensued pertaining to the presentation and the topics included intensification,
transportation, services and infrastructure. Carlos answered questions posed by the Committee
Members relating to these topics.
There was a lengthy discussion surrounding the type of education facilities that this Committee
should be focusing on. Should the committee try to encourage facilities or programs to
accommodate the existing types of industry or employment in this area or should the focus be
extended to include new employment opportunities.
The committee members discussed the need to develop a coherent collective vision in order to
move forward. There needs to be some process of elimination since it was felt that the objective
needed to be more specific.
Another discussion about whether or not other municipalities were also looking to attract higher
education facilities. It was mentioned that there were opportunities in the Niagara Region,
because of their proximity to the United States. It is cheaper to get an education in Ontario.
Also, the City of Oshawa should be considered a competitor as they already have facilities.
However, it was determined, that this committee could learn from other municipalities.
4. SELECTION OF COMMITTEE CHAIR
The position of Chair of the Committee was on the agenda, however, it was decided that this
should be discussed with all members present. It will be on the next agenda for discussion and,
if needed, it could be decided at the November 5th meeting.
5. OTHER BUSINESS
It was mentioned that the Durham Region Local Training Board prepared a report which
includes statistics pertaining to the levels of education employers require, amongst other things.
A copy of that report will be obtained for the next meeting.
DATE OF THE NEXT MEETING
Mayor Jim Abernethy advised that he is unable to attend the next meeting. It was determined that
September 25th at 2:00 p.m. was best for all members present; therefore the meeting date is
September 25th.
It was determined that the next agenda should include discussion about developing a plan. It was
suggested that a variety of alternative visions should be explored and, with consensus of the
group, a selection would be made. Mayor Abernethy offered the services of Carlos Salazar to act
as facilitator for that portion of the agenda.
6. ADJOURNMENT
Moved by Paul Halliday, seconded by Valentine Lovekin, that the meeting be adjourned at
2:45 p.m.
"CARRIED"
Task Force for Attracting Higher Education Facilities
Minutes of Meeting
Friday, September 25, 2009 at 2:00 p.m.
Meeting Room IA
Present Were:
Bill Humber
Paul Halliday
Pierre Tremblay
Dorcas Gordon
David Crome, Director, Planning Services
Linda Coutu, Executive Assistant to the Mayor
Regrets:
Mayor Jim Abernethy
Valentine Lovekin
Deborah Patrick
1. ADOPTION OF MINUTES
Moved by Paul Halliday, seconded by Pierre Tremblay that the minutes of the meeting held on
September 11, 2009, be approved.
"CARRIED"
2. SELECTION OF COMMITTEE CHAIR
There was a general discussion surrounding the position of Chair of the Committee and it was
decided that since not everyone was present that it be placed on the next agenda for further
discussion.
There was further discussion pertaining to the focus of the committee. There have many ideas
brought forward but perhaps the committee would be in a better position to select the Chair when
the task becomes clear.
3. PLAN OF ACTION - FIRST STEPS
Discussion ensued pertaining to the Durham Region Integrated Local Labour Market Plan report.
This report has compiled statistical data pertaining to the local labour market and includes a
section on educational attainment.
The committee members continued to discuss the strengths and weaknesses in our community
including diversity and educational attainment. Information gained from the report also showed
that there is a lack of skilled trades not only in this area but globally.
The committee "brainstormed" on some potential opportunities for a higher education facility
that would help to focus future activities. Subsequently the topics were assigned to committee
members with the objective that they would prepare a 2 page outline of each vision for
consideration at the next meeting. The assignments were as follows:
1. Skills Training for Specialized Need - Pierre Tremblay
2. Specialty Nursing/Medical- Valentine Lovekin
3. Water Policy/Technologies - Bill Humber
4. Opportunity Hunting for Institutional Satellites - Dorcas Gordon
5. Continuing Education - Random/VariedlMultiple - Dorcas Gordon
6. Agriculture - Bill Humber
7. Community Education Foundation - Paul Halliday
Further discussion ensued pertaining to local opportunities with Durham College and UOlT. It
was suggested that the Mayor's Office invite Don Lovisa, President of pur ham College and Dr.
Ron Bordessa, President of the University of Ontario Institute of Technol~gy, to attend the next
meeting on November 5, 2009.
4. OTHER BUSINESS
It was suggested that the time of the next meeting be changed from 2:00 p.m. to 8:00 a.m. on
Thursday, November 5,2009. The meeting room will remain the same (lA).
5. ADJOURNMENT
The meeting adjourned at 3:50 p.m.
Task Force for Attracting Higher Education Facilities
Minutes of Meeting
Thursday, November 5, 2009 at 8:00 a.m.
Meeting Room 1A
Present Were:
Mayor Jim Abernethy
Bill Humber
Pierre Tremblay
Dorcas Gordon
Deborah Patrick
Valentine Lovekin
Special Guests:
Ron Bordessa, UOIT
Don Lovisa, Durham College
Staff:
David Crome, Director, Planning Services
Linda Coutu, Executive Assistant to the Mayor
Regrets:
Paul Halliday
1. SPECIAL GUESTS
Mayor Abernethy welcomed special guests, Dr. Ron Bordessa, President of the University of
Ontario Institute of Technology and Ron Lovisa, President of Durham College to the meeting.
Members of the committee introduced themselves and Mayor Abernethy provided a brief
overview of the mandate of the committee to the guests. David Crome explained why Dr.
Bordessa and Mr. Lovisa were invited to attend the meeting and asked each of the guests to
provide their views on any possible future expansion of their respective facilities and/or
programs.
A general discussion ensued pertaining to the types of programs that currently exist at UOIT and
Durham College and what will be required to meet future needs in this area. Dr. Bordessa
explained that a large part of post secondary education is funded through the provincial
government, however, there is no long-term agreement in place with UOIT and therefore funding
is not guaranteed at this time.
Some of the study areas that were discussed to meet future demands at the College level include
skilled trades and the food industry. Mr. Lovisa advised that the demand for skilled trades would
exceed the availability once the New Nuclear project is ready to begin.
At the University level it was suggested that the focus should be on medical laboratory science
and research as the health science field will be faced with an aging population. To that end, Dr.
Bordessa advised the committee members that UOIT has partnered with Lakeridge Health
Corporation and Holburn BioMedical Corporation to produce a business concept for a Medical
Laboratory Research and Education Centre at the Science Park lands on Bennett Road.
The committee members are aware that other municipalities are competing for the same
opportunities to attain higher education facilities and/or programs. Dr. Bordessa suggested that it
would be beneficial for this committee to work with the UOIT and Durham College in order to
keep any expansions of facilities and/or programs within this area.
Ron Bordessa and Don Lovisa left the meeting at 9:35 a.m.
The general discussion continued and a suggestion was made to contact someone at the Ministry
of Training, Colleges and Universities as funding will be a key component of attracting higher
education facilities to Clarington.
2. ADOPTION OF MINUTES
Moved by Dorcas Gordon, seconded by Bill Humber that the minutes of the meeting held on
September 25th be approved.
"CARRIED"
It was agreed that the remaining items 3 (Selection of Committee Chair) and 4 (Assignments)
from this agenda be carried over to the next agend~ due to lack of time to continue.
5. OTHER BUSINESS
There was a brief discussion about future meeting dates and it was agreed that the next meeting
will be held on Thursday, December 10th at 8:00 a.m. in Committee Ro~m 1A.
David Crome will prepare a summary of the one day Camp 30 Summit and it will be added to
the next agenda.
6. ADJOURNMENT
Moved by Dorcas Gordon, seconded by Pierre Tremblay that the meeting adjourn at 9:55 a.m.
"CARRIED"
1-2
St. Marys Cement Community Relations Committee
Meeting Minutes
Tuesdav December 1, 2009
6:00 p.m. - St. Mary's Cement Plant: Main Office
Attendees: Glenda Gies, Port Darlington Community Association
Rick Rossi, Port Darlington Community Association
Ruben Plaza, Environmental Manager, St. Marys Cement
Candice Kay, Human Resources Manager, St. Marys Cement
Michael Smith, Quarry Manager, St. Marys Cement
Martin Vroegh, Corporate Environment Manager, St. Marys Cement
Cindy Strike, Municipality of Clarington
Willie Woo, Member of Municipality of Clarington Council
Phil Dunn, MOE (guest)
Regrets: Ernest Birnie, Wilmot Creek Residents Association
Wilson Little, Director of Engineering, Lands and Environment, St. Marys Cement
The recent loss of John Roxborough to the CRC and the community was noted by CRC
members .
1. Adoption of Agenda
Moved by Martin Vroegh, seconded by Michael Smith.
CARRIED
2. Adoption of notes from September 15, 2009 Meeting
Moved by Rick Rossi, seconded by Ruben Plaza.
CARRIED
3. Status of additional PM 10 dust monitoring station
Installation is scheduled for spring 2010.
4. St. Marys Operations Report
a) Quarry
. PM 10 monitoring results
No PM 10 monitoring exceedences were recorded since the last CRe meeting. It was noted
that the kiln had been operating since the September meeting until Sunday November 29 when
it was shut down until January.
St. Marys Cement Community Relations Committee
DRAFT Meeting Minutes
December 1, 2009
Page 2
PM 10 Program 2009
120
100
M
E 80
-
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E
~ 60
Cl
0
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u
'E 40
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0 0 0 0 0 0 0 0 0 0 0
2 ~ 2 ~ ~ ~ ~ ~ ~ ~ 2
N l") ::r ;n CD ;::: co Ol 0
~
-.-Hutton Trnspt.
-.-Cedar Crest
--OPG
_ Lirn it
. Stack emissions
S1. Marys reported that the plant has released 3,352 tonnes of S02 in 2009 compared to a
4,608 tonne limit in 2009. S02 emissions were 27.3% below 2009 allowances.
tn
Q)
r::
r::
o
t-
5000
4500
4000
3500
3000
2500
2000
1500
1000
500
o
III S02 2009
III Allowances 802 2009
S1. Marys reported that the plant has released 3,537 tonnes of NOx in 2009 compared to a
4,254 tonne limit in 2009. The threshold will decline by 20% in 2010. NOx emissions were
16.9% below 2009 allowances.
2
St. Marys Cement Community Relations Committee
DRAFT Meeting Minutes
December 1, 2009
Page 3
6000
1000
IiiliilNOX2009
DAllowanees NOX 2009
5000
4000
U)
Q)
~ 3000
o
....
2000
o
. Quarry dust releases
Two exceedances in October were caused by contamination of debris, leaves and insects.
Samples were considered invalid due to contamination.
I
Dust Fall 2009
16.00
14.00
III 12.00
>-
III 10.00
'0
0
M 8.00
r:::
N 6.00
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-
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2.00
0.00
Jan Feb Mar Apr May June July Aug Sep Oct Nov Dee
-.- Hutton Tmspt.
-.- Cedar Crest
- - OPG
~ MOE Near East I
~ MOE Far East
-,,-Limit I
\
~
3
St. Marys Cement Community Relations Committee
DRAFT Meeting Minutes
December 1, 2009
Page 4
. Blast monitoring
There were no ground vibration exceedences and only one air vibration exceedence in 2009.
One more blast is scheduled for 2009 on Tuesday Dec 8th. Blasting frequency will resume to
approximately twice per week for cement and aggregate supply in January 2010.
81. Marys Cement Community Relations Committee
DRAFT Meeting Minutes
December 1, 2009
Page 5
. General quarry operations
Overburden screening ended in mid-fall and overburden hauling has been discontinued for the
season.
b) Dock
. Dock storage management and procedures
St. Marys reported they continue to use dust suppressant on fuel piles and piles are oriented in-
line with wind conditions of primary concern. Petcoke stockpiles are maximum 10m high and
are covered with tarps.
. Monitoring of dock releases
No comments.
. General dock operations
Procedures require that unloading fuel material from vessels is stopped when wind speeds
exceed 40 km/hr. The 40 km/hr. limit is based on maximum gust speeds and for winds blowing
from directions between the SSW and WNW (2020 and 2920).
c) Plant Production Schedule
Plant shut down on November 29 and is scheduled to start on January 4, 2010.
5. Status of Alternative Fuel Demonstration Project
St. Marys reported that they are in discussions with MOE regarding the permit for the
demonstration project.
6. Community Concerns
a) Received by St. Marys and the Municipality of Clarington
b) Responses provided
Two complaints were received since September meeting:
. On October 30 from a resident living at 53 Alonna Street for blasting on Tuesday and
Thursday. Blasting on these dates occurred on the north end level 3 and air and ground
vibrations were below maximum thresholds. However the day was very overcast with
rain which would have contributed to air vibration.
. A complaint to MOE Ajax office regarding the plume. St. Marys noted that the ATOX
scrubbing system was not operational and it was a clear day which could contribute to
plume visibility. St. Marys adjusted lime injection, increased exhaust air and reduced by-
pass air to mitigate the plume visibility.
5
St. Marys Cement Community Relations Committee
DRAFT Meeting Minutes
December 1, 2009
Page 6
7. Community Outreach
The fall 2009 newsletter was distributed. St. Marys will be preparing a 2010 newsletter and
suggestions for content are welcome.
8. Other Business
St. Marys labour contract is up for negotiation in 2010.
Signs of economic recovery were questioned, with St. Marys reporting about a 45% decrease in
US sales and 25% decrease in Canadian sales with expectations of flat lined sales in the first
two quarters in 2010.
St. Marys suggested a memorial for John Roxborough in the form of a concrete bench with
associated landscaping in the green space area adjacent to Westside Marsh. St. Marys is in
discussions with CLOCA regarding an appropriate location.
It was suggested that the CRC annual report be prepared, circulated to CRC members byemail
for review and comment and a date set to present to Council in Q1 2010.
9. Next Meeting
6:00 pm Tuesday March 2, 2009
6
1-3
Draft minutes - Not yet approved by Committee
NOTES OF MEETING OF
SAMUEL WILMOT NATURE AREA
MANAGEMENT ADVISORY COMMITTEE
HELD ON TUESDAY December 8, 2009
AT 7:00 P.M.
Present: (Voting)
John Stoner - Chair
Jim Cleland
Shirley Minifie
Joe McKenna
Pat Mulcahy
Councillor Willie Woo
David Best
Staff Present:
Peter Windolf
Regrets:
Dan Stanoi
Karin Murphy
Brian Reid
Absent:
Greg Wells - GRCA
Warren May - MNR
Arthur Burrows
1. Agenda
Additions
Wilmot Watershed Plan
Evergreen Grant
Accessible Customer Service Training
Acceptance of Agenda
MOVED by David Best, seconded by Joe McKenna
THAT the agenda for December 8, 2009 be accepted.
CARRIED
2. Minutes of November 10, 2009
2
Corrections
There were no corrections to the minutes.
Approval of Minutes
MOVED by David Best, seconded by Jim Cleland
THAT the minutes of November 10,2009 be approved.
CARRIED
3. Issues arising from the Minutes
There were no issues arising from the minutes.
4. Sub-Committee Reports
Communications
Joe will begin working on the newsletter with articles on the Great Canadian Shoreline
Clean-up, the MNR Rangers 2009 project, and dragonflies.
John Stoner will send his article on dragonflies to Joe when it is complete.
5. Updates
SWNA Presentation to Clarington High Schools
On December 4th, Karin and John gave the SWNA PowerPoint Presentation to
Environmental Science students at Courtice Secondary School. There were two classes of
approximately 30 students in attendance. The presentation ran about an hour. Most of the
students were previously unaware of the Samuel Wilmot Nature Area.
Letters have now been sent to all of CIa ring ton's Secondary Schools advising them that
the presentation is available.
Pat contacted a representative from Scouts Canada to see if they would be interested in
the presentation. The Scouts asked for more information about the presentation so
excerpts will be e-mailed to them.
Winter Bird and Mammal Count
Brian Reid has been in contact with John Foster from the Durham Field Naturalists about
a Winter Bird and Mammal Count to be done in January. The bird count would be done
on either a Saturday or Sunday in early January and the mammal count in late January.
Alternatively a combined count could be done in the middle of January.
The following members agreed to assist with the count depending on the exact date:
John, Shirley, Pat, Jim, David.
3
If any other Committee members wish to participate they should contact Brian. If
additional volunteers are required a notice could be placed on the Municipality's web
site. Before a notice is posted Brain will be asked to confirm dates and determine with
John Foster if more people are required.
Trail Relocation
The section of Waterfront Trail east of the pedestrian bridge includes an incline of
approximately 29%. This incline is susceptible to erosion and is very difficult to climb
for people on bicycles and on foot. A field survey and conceptual layout will be prttpared
to determine what would be required to reduce the slope. Options could include; .
I) Realigning the trail through the woods. In this option the trail would be rerouted
S/E from the bottom of the slope for approximately lOOm until it reconnects with
the existing trail. This would decrease the grade on the trail to 10%. It would
require extensive tree removal.
2) Lowering the grade along the existing trail alignment. This option would leave the
trail in its present location but would lower the grade along a 100m section of the
trail. It would result in a trail with a 10% slope. The trail surface would be lower
than the surrounding grade. It may require removing a few trees along the edge of
the trail.
Conceptual designs will be brought to future meetings when completed. Since this
section of trail is part of the Lake Ontario Waterfront Trail there may be funding
assistance available from other levels of government to implement the proj ect.
Wilmot Watershed Study
Jim attended a meeting of the GRCA's Wilmot Watershed Study team. A draft of the
final report was passed around to SWNA members. The final report should be
completed in January 2010. Following the completion of the final report GRCA will be
asked to present their findings to the Committee.
Evergreen Green Grants Program
The application deadline for then next round ofWalmart Evergreen Grants is January 29,
2010. The SWNA Committee has applied unsuccessfully in the past but will investigate
the eligibility criteria to determine if another application will be submitted.
Accessible Customer Service
Members of Boards and/or Committees of Council have been contacted by the Clerks
Department to attend a mandatory session on Accessible Customer Service. Most SWNA
members were contacted, but some were not. An updated contacts list for the SWNA
Committee will be sent to the Clerks Department to ensure that all members are notified
of session dates and times. Those members who were unable to attend the December 3rd
or lOth sessions will be contacted with future dates for the session.
4
6. Other Business/Next Meeting
Jim mentioned that there are several areas on the Lake Meadow Trail that are wet
from water flowing across the trail surface. These areas will be identified now or in
the spring so that they can be repaired as part of the MNR Rangers program in 2010.
Jim also observed that a tree is down in the creek just north of the pedestrian bridge.
It is starting to create a log jam that is forcing flow to the west side ofthe creek which
is causing some bank erosion. GRCA will be notified and asked if anything needs to
be done to remove the logjam.
Motion to Adiourn
MOVED by Joe McKenna, seconded by Shirley Minifie
THAT the meeting be adjourned.
CARRIED
Adjournment:
8:30 P.M.
Next Meeting:
Tuesday January 12, 2010
7:00 p.m.
Meeting Room 1A
Notes prepared by P. Windolf
Cl~iJlglon
REPORT #1
REPORT TO COUNCIL MEETING OF JANUARY 11,2010
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, JANUARY 4,2010
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) PSD-005-10 Environmental Stewardship 2009 Program Update
(b) EGD-001-10 Monthly Report on Building Permit Activity for
November, 2009
(c) ESD-001-10 Monthly Response Report - November 2009
(d) FND-001-10 Report on Revenue Sensitive to Economic Conditions-
November 2009
(e) CAO-001-10 Corporate Strategic Business Plan 2007-2010
2009 Progress Report
(f) Delegation Richard Ward, Regarding ongoing Property Issues
(g) Verbal Report Confidential Verbal Report, Dennis Hefferon, Solicitor,
Regarding a Legal Matter from the December 14, 2009
Council Meeting
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T 905-623-3379
Report #1
- 2 -
January 11, 2010
2. REZONING APPLICATION TO REMOVE ALL HOLDING SYMBOLS TO PERMIT
A MOTOR VEHICLE REPAIR GARAGE USE AND A YEAR-ROUND GARDEN
CENTRE, AND IN ASSOCIATION WITH A LARGE FORMAT RETAIL STORE
THAT Report PSD-001-10 be received;
THAT the rezoning application submitted by Bowmanville Investments Inc. to
remove all Holding (H) Symbols from this property, to permit a motor vehicle repair
garage within a large format retail store and to permit a year-round garden centre,
which abuts a large format retail store, to a maximum size of 2,150 sq.m. be
approved and that the attached By-law contained in Attachment 3 be passed; and
THAT the Durham Regional Planning Department, the Municipal Property
Assessment Corporation (MPAC), all interested parties listed in Report
PSD-001-10 and any delegations be advised of Council's decision.
3. ORONO COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE
THAT Report PSD-002-10 be received; and
THAT all interested parties listed in Report PSD-002-1 0 and any delegations be
advised of Council's decision.
4. BOWMANVILLE COMMUNITY IMPROVEMENT PLAN GRANTS UPDATE
THAT Report PSD-003-10 be received; and
THAT all interested parties listed in Report PSD-003-10 and any delegations be
advised of Gouncil's decision.
5. NEWCASTLE VILLAGE COMMUNITY IMPROVEMENT PLAN GRANTS
UPDATE
THAT Report PSD-004-10 be received; and
THAT all interested parties listed in Report PSD-004-10 and any delegations be
advised of Council's decision.
6. COURTICE COMMUNITY IMPROVEMENT PROGRAM UPDATE
THAT Report PSD-006-10 be received; and
THAT all interested parties listed in Report PSD-006-1 0 and any delegations be
advised of Council's decision.
Report #1
- 3 -
January 11, 2010
7. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETINGS OF DECEMBER 10, 2009
THAT Report PSD-007-10 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
December 10, 2009 for applications A2009-0047 through A2009-0050 and that
Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
8. MINOR VARIANCE TO SIGN BY-LAW 2009-123
APPLICANT: ROBIN JEFFREY
THAT Report PSD-008-10 be received;
THAT the application for Minor Variance to the Municipality of Clarington Sign
By-law 2009-123, submitted by Robin Jeffrey, to permit a reduction in the minimum
required setback from the road allowance from 1 metre to 0 metres and an increase
in maximum permitted sign area from 1.5 m2 to 2.7 m2 for a ground sign be
approved; and
THAT all interested parties listed in Report PSD-008-1 0 and any delegations be
advised of Council's decision.
9. REQUEST FOR EXTENSION OF DRAFT APPROVAL
1613 HIGHWAY 2 AND KENNEDY DRIVE, COURTICE
APPLICANT: FIRST-TECH MECHANICAL SYSTEMS INC., MARIA WULCZYN
AND PERCY NAPPER
THAT Report PSD-009-10 be received;
THAT the request to extend the lapsing date for the draft approved Plan of
Subdivision until October 4,2012 be denied;
THAT an extension to the lapsing date until October 4,2011 for the draft approved
Plan of Subdivision be approved and that the Director of Planning Services be
authorized to amend the Conditions of Draft Approval;
THAT the by-law authorizing the entering into a Subdivision Agreement between
the Owner of the lands and the Municipality of Clarington be approved as contained
in Attachment 2 to Report PSD-009-1 0; and
THAT all interested parties listed in Report PSD-009-1 0 and any delegations be
advised of Council's decision.
Report #1
- 4 -
January 11,2010
10. NEW MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPALITY
OF CLARINGTON AND VALLEYS 2000
THAT Report EG D-002-1 0 be received;
THAT the New Memorandum of Understanding between Valleys 2000 and the
Municipality of Clarington be approved;
THAT a by-law be passed to authorize the Mayor and Municipal Clerk to execute
the New Memorandum of Understanding on behalf of the Municipality of Clarington;
and
THAT Rev. Frank Lockhart, Chair of Valleys 2000 be advised of Council's decision.
11. ROBINSON RIDGE SUBDIVISION PHASE 4, COURTICE, PLAN 40M-2259,
'CERTIFICATE OF ACCEPTANCE', FINAL WORKS INCLUDING ROADS AND
OTHER RELATED WORKS
THAT Report EGD-003-10 be received; and
THAT the Director of Engineering Services be authorized to issue a 'Certificate of
Acceptance' for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-2259.
12. SALE OF FIREWORKS - PERFECT PARTY PLACE
THAT Report CLD-001-10 be received;
THAT the request of Mike and Carmen Gazo, Owners, Perfect Party Inc. to sell
fireworks year round, be denied; and
THAT Mike and Carmen Gazo be advised and forwarded a copy of Report
CLD-001-10.
Report #1
- 5 -
January 11, 2010
13. Q2009-33, ONE (1) CULVERT STEAMER WITH TANDEM AXLE ROAD
TRAILER
THAT Report CO D-OO 1-1 0 be received;
THAT Intersteam Technologies, Hamilton, Ontario, with a total bid in the amount of
$24,449.04 (plus G.S.T.), being the lowest responsible bidder meeting all terms,
conditions and specifications of Quotation Q2009-33, be awarded the contract to
supply One (1) Culvert Steamer with Tandem Axle Road Trailer, as required by the
Municipality of Clarington, Operations Department; and
THAT the funds required in the amount of $24,449.04 (plus G.S.T.), be drawn from
2009 Capital Budget account number 110-36-388-83643-7401.
14. BRANDON WEILER AND LISA MARIE WILLIAMS, RYERSON UNIVERSITY,
JURY LANDS COMMUNITY DEVELOPMENT PLAN (CAMP 30)
THAT the presentation of Brandon Weiler and Lisa Marie Williams, Ryerson
students, regarding the student project regarding the Camp 30 Lands be received
for information and that the students be congratulated for their presentation; and
THAT a copy of the "The Jury Lands" report and the memo from Mr. Crome, dated
December 16, 2009, explaining the Ryerson University student project, be
forwarded to Bev Oda, Member of Parliament and John O'Toole, Member of
Provincial Parliament.
15. FRANK LOCKHART, PRESIDENT, VALLEYS 2000 INC., REGARDING
VALLEYS 2000 ANNUAL REPORT
THAT the delegation of Rev. Frank Lockhart regarding the Valleys 2000 Annual
Report and the new Memorandum of Understanding be received with thanks.
16. CONFIDENTIAL VERBAL REPORT, FRANK WU, CAO, REGARDING A LEGAL
MATTER FROM THE DECEMBER 14, 2009 COUNCIL MEETING
THAT the CAO be directed to accept the tentative agreement as presented by the
CAO, during the "closed" session.
Unfinished Business
Clwington
REPORT
PLANNING SERVICES
Meeting: COUNCIL
Date: Monday, January 11,2010
Report #: Addendum 2 to
PSD-067 -09
File #'5: COPA 2005-008, By-law #:
PLN 31.5.10, ZBA 2005-042,
ZBA 2005-043, S-C 2005-0003 and S-C 2005-0004
Subject:
STATUS REPORT: APPEAL TO THE ONTARIO MUNICIPAL BOARD BY
SMOOTH RUN DEVELOPMENTS INC. (METRUS DEVELOPMENTS INC.)
BROOKFIELD HOMES (ONTARIO) LIMITED ON APPLICATIONS IN THE
VILLAGE NORTH NEIGHBOURHOOD IN NEWCASTLE
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Addendum 2 to report PSD-067-09 be received;
2. THAT Report PSD-067-09 be tabled until the April 12, 2010 meeting of Council; and
3. THAT all interested parties listed in this report and any delegation be advised of
Council's decision.
Submitted by:
David . Crome, MCIP, RPP
Director of Planning Services
Reviewed by: ~~ ~
Franklin Wu,
Chief Administrative Officer
CP/df
6 January 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830
ADDENUM 2 TO REPORT NO.: PSD-067-09
PAGE 2
1. At the meeting held on June 29, 2009, Council tabled report PSD-067 -09 to September
14, 2009. The report recommended that the Municipality take the position that the
Neighbourhood Design Plan and the related development applications must incorporate
"a restored, naturalized northerly tributary of the Foster Creek within the Newcastle
Village North Neighbourhood". An Addendum report was presented to Committee on
September 14 and tabled to October 26 and subsequently further tabled until to the first
Council meeting of 2010.
2. In the fall of 2009 the applicant's presented staff a concept that proposed to relocate
and daylight a portion of the northern tributary. The concept would continue to pipe the
tributary from the point it crosses Arthur Street southerly along the west boundary of
Arthur Street to the vicinity of the southern tributary. From this point the northern
tributary would be daylighted in an east - west direction to the mid-point of the property
where it then runs south to the railway.
3. This concept has not been formalized and an official revision has not been submitted at
this time. However, discussions with Metrus Developments confirmed that their priority
remains obtaining Final Approval and registration of their subdivision application in the
Brookhill Neighbourhood of Bowmanville. They would like municipal staff to focus efforts
on this matter prior to dealing with Village North applications. The plan of subdivision in
the Brookhill Neighbourhood was presented to the Ontario Municipal Board on
December 2,2009 at a settlement hearing and draft approved subject to conditions.
4. The Ontario Municipal Board has presently schedule hearing dates for appeals to the
North Newcastle Village applications as follows:
. Progress report Pre-hearing April 16, 2010
. Hearing May 10 -14,2010
5. It is recommended that report PSD-067 -09 be further tabled until to the Council meeting
of April 12, 2010.
Staff Contact: Carlo Pellarin
List of interested parties to be notified of Council's decision:
Doug and Bridgette Rombough
Rev. Robert Brouwer
Steve Holliday
Hugh Allin
Anthony Jones
Helen Hudolin
Heather Dowing
Patricia Simiele
Robert MacDonald
Cory Geddes
Jerry Reffosco
Joanne Raymond
Mark Veneziano
Rob Franssen
Jason Gibson
Steve Wilson
Smooth Run Developments Inc.
Brookfield Homes Ontario Limited
Roslyn Houser
Bryce Jordan
Ganaraska Region Conservation Authority
SUMMARY OF BY-LAWS
JANUARY 11, 2010
BY-LAWS
2010-001 Being a by-law to authorize the borrowing of $15,000,000 to meet,
until the taxes are collected, the current expenditures of the
Municipality for the year 2010
2010-002 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle [Bowmanville Investments Inc. (Smart Centres)] (Item 2
of Report #1 )
2010-003 Being a by-law to authorize entering into an Agreement with the
Owner(s) of Plan of Subdivision S-C-2001-002, any Mortgagee
who has an interest in the said Lands and the Municipality of
Clarington in respect of S-C-2001-002 (Item 9 of Report #1 )
2010-004 Being a By-law to authorize the execution of the New
Memorandum of Understanding between the Corporation of the
Municipality of Clarington and Valleys 2000 (Bowmanville) Inc
(Item 10 of Report #1 )
2010-005 Being a by-law to amend By-law 96-32, as amended, to require
the payment of fees to file an appeal to a Property Standards
Order (Approved by Council on November 23,2009)