HomeMy WebLinkAbout01/25/2010
Council Meeting Minutes
JANUARY 25, 2010
Minutes of a regular meeting of Council held on January 25, 2010 at 7:00 p.m., in the
Council Chambers.
Prior to the start of the meeting, a moment of silence was observed to acknowledge
Sergeant John Wayne Faught, Private Garrett William Chidley, Corporal Zachery
McCormack, Sergeant Kirk Taylor, Sergeant George Mick and Lieutenant Andrew
Richard Nuttall, Canadian soldiers killed in action.
Councillor Trim led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Absent: Councillor M. Novak
Also Chief Administrative Officer, F. Wu
Present: Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
J. Cooke, Manager of Communication and Marketing, attended
until 8:05 p.m.
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services and Human Resources,
M. Marano
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming,
attended until 10:30 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
Council Meeting Minutes - 2 - January 25, 2010
ANNOUNCEMENTS
Councillor Foster announced the following:
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On Saturday, January 23, 2010, he attended the opening of Pet Food and
Treats, a new store at Courtice Crossings
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He extended congratulations to Dr. Gary Polonsky, who was recently appointed
as Chair of the Canadian Science and Technology Museum Board of Trustees
Councillor Hooper announced the following:
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On Tuesday, January 19, 2010, he, along with David Kelly, Chair, and
Keith Brettell, Member, Clarington Accessibility Advisory Committee, attended
a pilot project regarding accessibility at the Clarington Central Secondary
School. Councillor Hooper expressed appreciation to Todd Garrison, teacher
and students for participating in this event which was very well attended
?
Councillor Rick Johnson was elected Chair of the Central Lake Ontario
Conservation Authority and Councillor Gerry Emm was elected as Vice-Chair
Councillor Woo announced the following:
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On Sunday, January 24, 2010, he attended the opening of Art from The High
Schools at the Visual Arts Centre, an annual exhibition displaying the works of
Clarington high school students. The exhibit runs until February 28, 2010
?
The Association of Hospital Volunteers, Lakeridge Health Bowmanville, will be
hosting their annual fundraising event “A Taste of Italy” to be held on
February 6, 2010. Over the years, the Association of Hospital Volunteers has
raised over $39,000 with the Association fully funding the relocation of the
coffee kiosk and gift shop to a bright and spacious location
Councillor Robinson announced that the Newcastle Stars Novice Rep Hockey Team
won the International Silver Stick Tournament in St. Claire Shores, Michigan.
Councillor Robinson requested that the team be invited to the next televised Council
meeting to be presented with Certificates in Recognition of their success
Mayor Abernethy announced that the Red Cross is requesting donations to aid the
victims of the recent earthquake in Haiti. Further information is available at
www.redcross.ca.
Resolution #C-020-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on January 11, 2010, be
approved.
“CARRIED”
Council Meeting Minutes - 3 - January 25, 2010
PRESENTATIONS
Resolution #C-021-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the agenda be altered by adding Gord Lee to the list of Presentations rather
than as a delegation.
“CARRIED”
Mayor Abernethy welcomed the press, members of the gallery and those viewing
tonight’s proceedings from home as he presented the Annual “State of Clarington”
Address.
Mayor Abernethy indicated that during his inaugural speech three years ago, he had
indicated that his priorities would emphasize increasing the participatory role and
profile of the entire Council and noted that in response, the Corporate Strategic
Business Plan was developed creating a framework to build a prosperous and
sustainable community. The Mayor also indicated that openness and accessibility for
the public in Council meetings and proceedings, and ensuring sound business
practices and outcomes in municipal initiatives would also be a priority.
Mayor Abernethy highlighted examples of these priorities including:
?
The Energy-From-Waste Environmental Assessment Process new financial
reporting to include a 5 year operating plan
?
New Economic Sensitive Revenue Report where Council will receive regular
budget updates comparing actual year-to-date figures to budget estimates
Mayor Abernethy reiterated that, again this year, the Municipality’s most formidable
challenge will be managing growth in order to ensure a prosperous and healthy
community. He noted that with a strong economy, the Municipality receives new tax
revenue that growth provides and uses that revenue to expand and replace facilities,
infrastructure and services and to improve quality of life. He noted however, that
when the economy slows, new tax revenues known as development charge fees,
come to an end and indicated that in Clarington’s case, since the year 2000, the
Municipality has been relying on development charge fees to service the $34 Million
debt that has accumulated over the years and will now require alternative sources of
funding to be investigated. Mayor Abernethy acknowledged the struggle to find a
balance between being fiscally responsible and providing a level of service acceptable
to the residents indicating that Council has taken a pro-active stance to protect the
2009 property tax increase by taking drastic measures to address revenue shortfalls.
Council Meeting Minutes - 4 - January 25, 2010
Mayor Abernethy announced that Clarington is very stable financially and advised
that:
th
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Clarington has healthy reserve accounts scoring 4 highest out of 81
municipalities participating the 2009 BMA Study for Discretionary Reserves and
Reserve Funds as a percentage of total expenditures
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Clarington enjoys the benefit of Moody’s of New York Triple A rating assigned
to the Region of Durham
?
There are positive signs in the housing industry indicating the new housing
market is starting to turn around and is supported by a very strong resale
housing market
?
The Durham Region Association of Realtors reported 2009 was their third best
year in sales in the Association’s history
?
Clarington continues to be an attractive centre for the retail sector with major
players investing in the Highway 2 Corridor
?
The new Algoma Orchards processing and storage facility is recognized as one
of the most modern state-of-the-art fruit production and packaging facilities in
Canada
Mayor Abernethy identified the importance of serviced employment lands, which are
currently non-existent in Clarington, stating one of Council’s primary goals this term
has been to increase the tax levy on employment lands in order to ease the burden on
the residential taxpayer. Mayor Abernethy stated that if the community wants to take
advantage of the new economic growth that is anticipated to flow from the Darlington
New Build project, serviced lands are required and stressed the importance of
developing strategic partnerships with public and private entities to achieve common
goals. Mayor Abernethy cited examples of partnerships with other levels of
government to complete projects that allow for future expansion including the Courtice
Trunk Sanitary Sewer and the EFW Host Community Agreement, which was used as
leverage with the Region to provide earlier-than-scheduled servicing of two prime
areas within Clarington, i.e. the Science Park east of Bowmanville at Bennett Road
and the Energy Park located in South Courtice.
Mayor Abernethy highlighted other benefits of the Host Community Agreement
including:
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$600k in new tax revenues each year
?
Energy from Waste facilities are relatively new technologies in Canada that
include electrical generation and district heating. District heating reduces
greenhouse gases
?
New technologies will attract other new technologies
?
Provides the opportunity to diversify the local agricultural industry using district
heating technologies to heat existing and future large scale greenhouse
operations which produce fruits, vegetables and flowers year round
Council Meeting Minutes - 5 - January 25, 2010
Mayor Abernethy highlighted other initiatives approved by Council:
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The No Waste by ’38 Plan has been forwarded to the Region and the Ministry
of the Environment
?
Initiation of the Official Plan Review to provide the framework to accommodate
close to 58,000 new residents and close to 18,000 new jobs
He expressed appreciation to the Federal and Provincial levels of government for
infrastructure funding Clarington has received and is being utilized to upgrade various
roads and recreational facilities in the community.
Through use of a PowerPoint presentation, Mayor Abernethy highlighted current and
future infrastructure projects scheduled to take place in Clarington including:
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Smart Centre and Halloway Holding development of West Bowmanville
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Concession Road 7 Darlington and Concession Road 8 Clarke Road
Rehabilitation
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Highway 407 Environmental Assessment and construction
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Go Rail Extension to Bowmanville
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Port Granby Low Level Radioactive Waste Project
?
Courtice Trunk Sanitary Sewer – current Class EA Study underway, to
compliment the Region’s $165 Million investment into the Courtice Water
Pollution Control Plant
?
Durham Region Energy From Waste - Courtice Energy Park
?
OPG Nuclear Office Complex - Courtice Energy Park
?
OPG Darlington Refurbishment of Non-Reactor Facilities
?
OPG Darlington Refurbishment of Reactors
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OPG Darlington B Nuclear New Build
Mayor Abernethy also acknowledged Council’s support of Lakeridge Health
Bowmanville and the efforts of local physicians and the public in securing continued
acute care services and quality healthcare in Bowmanville. Mayor Abernethy
encouraged members of the public to support the Hospital Association’s membership
drive. Mayor Abernethy noted that Community Care Durham will be relocating to the
Garnet B. Rickard Complex to newly renovated space previously occupied by Total
Hockey. He also thanked the many local volunteers helping to provide the quality of
life and the sense of community that Clarington experiences.
Mayor Abernethy stated the Darlington B - New Build project is still underway despite
the postponement of the vendor selection process and Council welcomes the attention
and support that Ontario Power Generation brings to Clarington. He noted Clarington
will play a major role in the development of Durham Region becoming the “Energy
Capital of Ontario” and that the new nuclear build at Darlington Generating Station will
create numerous job opportunities for highly skilled and trained individuals. He
acknowledged the challenge for UOIT and Durham College to provide post-secondary
education to meet the current and future needs of the expanding energy industry and
Council Meeting Minutes - 6 - January 25, 2010
how their success will contribute to further the economic spin-off and overall quality of
life that will be enjoyed by future generations.
Mayor Abernethy summarized by stating that Council and staff have accomplished
many things during the past three years and issued a challenge to Council, in the spirit
of the Olympics, to work together to complete the balance of the goals they have
established in this the final year of Council's mandate.
On behalf of Members of Council and the residents of Clarington, Mayor Abernethy
wished Clarington's own Matt Morison much success in reaching his goals at the 2010
Olympics in Vancouver.
Inspector Chris Ostler, Durham Regional Police Service (DRPS), addressed Council
concerning DRPS's Patrol Staffing Analysis Project stating he is extremely excited
and privileged to be in charge of policing in the East Division (formerly 16 Division)
and is looking forward to working together with Council and the public to further
Community safety. Inspector Ostler introduced Staff Sergeant Karen Moloney, in
charge of the Uniformed Branch and Detective Sergeant Stan Pinkney, in charge of
the Criminal Investigation Branch.
Inspector Ostler introduced Deputy Chief Sherry Whiteway. Deputy Chief Whiteway
addressed Council stating she has taken over the Patrol Staffing Analysis Project
(PSAP) from retired Deputy Chief Chuck Mercier and provided a brief history of the
project which started in 2004 and identifies key efficiencies in putting staff where the
workload is.
Inspector Ostler introduced Inspector Dave Kimmerly who conducted a PowerPoint
presentation entitled "Focus on Frontline Patrol ...anew approach".
Inspector Kimmerly highlighted the challenges faced by the DRPS including growth
patterns, workload imbalance, cross area dispatch, the need to balance reactive and
proactive activity, Region-wide, multi-jurisdictional flow of crime, the need for
specialized resources to address sophisticated crime, and staffing regarding major
crime investigations. He reviewed the historical patrol zones and traditional policing
which were based on municipal boundaries and were not reflective of workload, travel
time or geographical barriers, and provided an overview of the principals of Patrol
Staffing Analysis. Inspector Kimmerly stated Patrol Staffing Analysis creates and
encourages ownership of work areas by Frontline Patrol Officers, balances workload
and allows for operation of frontline units at or above preferred staffing levels. The
model facilitates call response and Problem-Oriented Policing by creating more time
for Frontline Patrol Officers to actively participate in problem-solving and directed
patrol. Inspector Kimmerly reviewed the East Division, which is a hybrid urban and
rural policing model, noting changes will enhance the level of frontline patrol, will
provide for future replacement of the main building and will allow DRPS to move to a
more proactive, problem-solving model. He advised that there will be no change to
the CIB, CRU, school officers or regional support services. Inspector Kimmerly stated
the Courtice work area and staff will join East Division following the completion of the
new building estimated for 2012.
Council Meeting Minutes - 7 - January 25, 2010
Mayor Abernethy acknowledged John O’Toole, MPP, Durham, and former Mayor
John Mutton in attendance at tonight’s meeting.
Mayor Abernethy presented Reverend David Chisling with a Framed Certificate, on
behalf of Council, in recognition and appreciation of Reverend Chisling’s work with the
“Been There” Youth Program. Mayor Abernethy stated Reverend Chisling operates
the project focusing on a restorative justice program for young offenders and is
pleased to have him on the Good Will Ambassador List.
Mayor Abernethy presented Donald Rickard – “Soybean King”, Ceresmore Farms Ltd.
with a Framed Certificate in recognition and appreciation of his winning the Grain
Farmers of Ontario 2009 Soybean Yield Challenge for Zone 2 recording 59.9 bushels
per acre, setting a record for Zone 2.
Mayor Abernethy presented Joan Kimball of The Village Card & Gift Shoppe with a
Framed Certificate in recognition and appreciation of her efforts as a Good Will
Ambassador for Clarington. Mayor Abernethy acknowledged that Ms. Kimball was
featured on the front cover of the December issue of Active Adult Magazine which has
a large distribution in Ontario and has also appeared on CITY TV’s City Line program.
Gord Lee addressed Council, on behalf of the Newcastle Memorial Arena Board,
thanking Council and staff for their efforts on the Board’s behalf in processing their
Recreation Infrastructure Canada grant application. Through the application process
the Board has received funding in excess of $400,000 for the construction of a new
roof and upgrades to the refrigeration plan. Mr. Lee noted the Board continues to
strive to increase revenue and to keep their rates down and takes great pride in
presenting a loan payment of $30,000, bringing the balance of the $360,000 loan the
received from the Municipality to below $90,000. Mr. Lee presented Mayor Abernethy
with a cheque in the amount of $30,000.
DELEGATIONS
Sheila Hall, Clarington Board of Trade, addressed Council in support of Staff
Report #1 – Report CAO-003-10 - Canadian Nuclear Association Conference and
Trade Show. Ms. Hall indicated that the Board of Trade has been reaching out to the
nuclear community and attendance at the conference and trade show will provide an
exclusive opportunity for the Board to promote, network and showcase Clarington and
to share with the nuclear community Clarington’s interest and support of the nuclear
industry. Ms. Hall extended appreciation to Council for recognizing the value of this
important opportunity.
Council Meeting Minutes - 8 - January 25, 2010
John Mutton addressed Council concerning Item 2 of Business Arising from Notice of
Motion - Direct Election of the Regional Chair stating it is important that this matter
become a key issue with the upcoming 2010 Municipal Elections and that the
municipalities of Clarington, Brock, Scugog, Uxbridge and Whitby place a referendum
question concerning the direct election of the Regional Chair on the municipal ballot.
Mr. Mutton feels that the results will mirror those received by Oshawa, Pickering and
Ajax from the last election, which overwhelmingly supported the direct election of the
Regional Chair. Mr. Mutton stated the pros and cons of the issue have been debated
but in the end, accountability and democracy must prevail. Mr. Mutton stated the
position of Regional Chair is political noting the Chair makes arguments, moves
motions, votes and represents the electorate beyond the Regional borders. Mr.
Mutton stressed this position is not the same as the position of Speaker of the House.
He confirmed that over the past decade the Region has evolved and that direct
election of the Regional Chair will make the position accountable to the citizens. Mr.
Mutton expressed concern that the last time the Regional Chair was challenged was
in 2000 and feels that ten years without a challenge is not democratic. Mr. Mutton
urged Council to support the Notice of Motion and take a leadership role by placing a
question on the ballot and by urging Whitby, Scugog, Brock and Uxbridge to do the
same.
Kerry Meydam advised prior to the meeting that she would not be addressing Council.
Bruce Wood addressed Council concerning Item 2 of Business Arising from Notice of
Motion - Direct Election of the Regional Chair. Mr. Wood stated as President of the
Oshawa Ratepayers Association, one of the concerns he hears many times is the
issue of $1 billion being paid by Durham residents to the Region without the
opportunity of directly-electing the Regional Chair. Mr. Wood echoed the comments
of the previous speaker urging Council to endorse direct election of the Regional Chair
ensuring taxation with representation for the top position of Regional Council.
Gordon McCallum, The Memorial of Heroes, addressed Council concerning
Correspondence Item D – 13 - Landscape Memorial Adjacent to the “Highway of
Heroes” and introduced Gino Bifolchi and Paul Busch, members of the project team.
Through use of a PowerPoint presentation, Mr. McCallum presented a concept of the
perpetual living memorial to honour those who have given their lives in service to
Canada. Mr. McCallum stated the monument is to be constructed on the north side of
Highway 401, just west of the Highway 115 interchange, along the stretch of highway
known as the “Highway of Heroes”. The memorial will be visible to both east and
westbound traffic and will consist of a stone structure with a statue of a soldier facing
the highway with sculpted maple leaves flowing across the memorial. Mr. McCallum
advised that there will be space beside the memorial for displays for sponsors. He
noted that land has been secured and they have completed conceptual designs and
preliminary engineering. Mr. McCallum confirmed that all financial requirements for
the development and maintenance of the memorial will be funded by the supporting
sponsors and that they intend to plant a tree for every fallen solder subject to approval
of their families.
Council Meeting Minutes - 9 - January 25, 2010
Mr. McCallum stated they are a multi-disciplinary team and are well positioned to
complete the project and ensure success. He urged Council to endorse the concept
of the project being sited within the Municipality of Clarington.
Resolution #C-022-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 8:45 p.m.
Linda Gasser addressed Council concerning Correspondence Item D - 10 Request to
Engage Peer Reviewers - Final and Amended Waste (Incinerator) EA Documents and
Correspondence Item D - 11 - Durham/York Energy-From-Waste Process expressing
concern that last July the majority of Council voted to terminate Clarington’s Peer
Review Process, despite the fact that the Project Team had not satisfactorily
addressed many issues. This resolution effectively prevented staff and peer
reviewers from reviewing the final EA documents and resulted in no formal submission
from Clarington during the first public inspection review which she feels is
inexcusable. Ms. Gasser stated that during the first public inspection, citizen
reviewers found many errors, inconsistencies and omissions in the Final EA
documents and appendices and noted that the project team has requested three
extensions to respond to matters raised by the public, the Government team and the
Ministry Technical reviewers. She indicated that the final public inspection period is
likely to begin at the end of February/early March and feels it is imperative for Council
to act now to ensure Clarington’s concerns are formally addressed. Ms. Gasser
formally requested that Council direct staff to engage qualified peer reviewers to
review the Final and Amended EA and related documents to ensure that all matters
potentially affecting Clarington are identified with formal comments submitted before
the end of the final public inspection period.
Richard Ward addressed Council concerning Item 2 of Report #1 - Highway 407 East
Environmental Assessment Notice of Completion of the Ministry of Environment
Review. Mr. Ward stated that close to the termination of the design process he had
submitted a concept which was the simplest and safest way to terminate Highway 407
at Highway 115, which would have saved $20 million. He advised that in 2001 he
identified a defect in the design concept on the west end of the 407 going diagonally
north of Highway 7 and back adding $50 million to the cost and suggested that the
west route travel straight from Brougham to Brooklin. Mr. Ward would like to see the
west end reconsidered and the political influence that determines the route being
eliminated as he feels it is a deterrent to the completion of Highway 407.
Council Meeting Minutes - 10 - January 25, 2010
Wendy Bracken addressed Council concerning Correspondence Item D - 11 -
Durham/York Energy-From-Waste. Ms. Bracken stated she has serious concerns
with the Incinerator EA and the fact that Clarington peer reviewers have not been
retained to review the final EA document and Amendments and that no formal
submission was made to the Ministry of the Environment from the municipality during
the comment period. She feels the complete absence of comments from Clarington
has become a bolster to the consultant’s position on the EA. Ms. Bracken urged
Council to hire peer reviewers for this phase including a health professional to review
fine particulate matter. Ms. Bracken stated that evidence has revealed that the
incinerator would be a major polluter and acknowledged Clarington’s already
compromised air quality. Ms. Bracken stated she has serious concerns with toxicity
referenced values and many unaddressed concerns. She feels Clarington is
vulnerable to the changes and feels it is imperative that the amendments and Final EA
are reviewed by a panel of experts.
Paul-André Larose addressed Council concerning Correspondence Item D – 10 -
Request to Engage Peer Reviewers – Final and Amended Waste (Incinerator) EA
Documents and Correspondence Item D - 11 - Durham/York Energy-From-Waste.
Through us of a PowerPoint presentation, Dr. Larose reviewed a presentation entitled
“Incineration – Gross Under-Estimations of the Health Impact”. Dr. Larose expressed
concern that the risk assessment for the proposed incinerator does not have any
measure of plant reliability and was performed under the assumption that 100% of the
systems are 100% functional 100% of the time and that the risk assessment did not
take into account the probability of equipment failure. Dr. Larose stated that because
of this and coupled with the fact that there is no redundancy, this seriously under-
estimates the projected emission levels and he feels that more realistic information is
required for both Council and the public to properly assess the implications of
increased exposure levels. Dr. Larose cautioned Council against taking a casual
approach towards incineration.
Louis Bertrand addressed Council concerning Correspondence Item D – 10 - Request
to Engage Peer Reviewers – Final and Amended Waste (Incinerator) EA Documents
and Louis Bertrand addressed Council concerning Correspondence Item D – 11 -
Durham/York Energy-From-Waste expressing concern with the confusing, erratic and
uncertain Environmental Assessment process for the Energy-From-Waste facility. Mr.
Bertrand presented numerous study documents that have been prepared in relation to
this process and questioned how members of the public or government officials could
possibly review the volume of material produced. He stated experts are needed to
review the matter during the second public inspection period and that Council must
hire peer reviewers to ensure that the latest documents are being reviewed. Mr.
Bertrand stated there will be a cost; however, this is the only chance for an
independent review and will be an investment in the community’s health both now and
in the future. Mr. Bertrand confirmed that reviewing the process does not imply
opposing Energy-From-Waste.
Council Meeting Minutes - 11 - January 25, 2010
Cecil Mackesey addressed Council concerning Item 2 of Business Arising from Notice
of Motion - Direct Election of the Regional Chair. Mr. Mackesey stated in preparing for
his delegation, he reviewed information taken from the Region of Durham’s website
and the Federal Government’s website and provided a comparison between the duties
of the Regional Chair and those of the Prime Minister of Canada. Mr. Mackesey
stated the Prime Minister is an elected official and he finds it difficult to believe that
anyone would think that the Regional Chair’s position is more important than the
Prime Minister’s. Mr. Mackesey urged Council to place a referendum question on the
ballot regarding the direct election of the Regional Chair and to urge Whitby, Scugog,
Brock and Uxbridge to do the same.
COMMUNICATIONS
Resolution #C-023-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Items I - 7, I - 8, I - 10, I - 13, I - 14 and I - 15.
“CARRIED”
I - 1 Minutes of the Ganaraska Region Conservation Authority dated December
10, 2009
I - 2 Minutes of the Clarington Museums and Archives Board dated November
11, 2009
I - 3 Minutes of the Clarington Heritage Committee dated November 17, 2009
I - 4 Minutes of the Tyrone Community Centre Hall Board dated December 14,
2009
I - 5 Linda Gasser and Louis Bertrand, writing to the Durham Works Committee
expressing concern that neither Councillors, the public and/or EA
reviewers appear to be receiving accurate information about the study
progress and costs; that due to the piecemeal revisions and erratic release
of documents, it is very difficult for reviewers to get a comprehensive view
of the project as a whole and its potential impacts; that the additional
billable hours required to finalize the EA study, the additional work
preparing responses to initial review period comments, amended
documents and amended appendices and addendum will result in
significant unanticipated consulting fees and costs to Durham taxpayers;
and, requesting the Regional Works Committee to direct staff and the
project team to prepare a detailed report listing all amended and revised
documents, explaining the rationale for all changes, showing the additional
project expenditures beyond those set out in the Commissioner of Works’
Council Meeting Minutes - 12 - January 25, 2010
memo dated November 20 th, to provide a realistic forecast of estimated
expenses to obtain EA approval and Certificates of Approval, should the
EA be approved, and to clearly describe the impact of the latest study
changes past the project extension granted by the Ministry of the
Environment on project timelines.
I - 6 Doug Reycraft, Chair, Municipal Employer Pension Centre of Ontario
(MEPCO), indicating in 2006, the Association of Municipalities of Ontario
(AMO) was appointed as the sponsor representative for municipal
government employers for the OMERS Pension Plan creating MEPCO;
advising that MEPCO has and will continue to develop well-informed and
well-researched proposals for Plan changes; indicating that MEPCO, along
with other Plan sponsors, are asking the government for relief from the
solvency requirement for this public sector pension plan, a practical step
that would immediately improve the overall health of the Plan; advising that
MEPCO will remain focused on what long-term funding strategy for the
Plan could look like, will be mindful of the significant role that investments
play in concert with benefit and contribution decisions; and, hoping that
MEPCO can count on financial support from all municipal employers to
allow them to continue to represent municipal government employers
interests.
I - 9 Peter Hume, President, Association of Municipalities of Ontario (AMO),
highlighting AMO’s 2009 successes in advancing public policy that serves
communities and property taxpayers, and in developing programs through
their corporation, Local Authority Services, which help to stretch tax
dollars; advising the Board will continue its policy and advocacy work on
environmental fronts and will protect the financial gains made over the
years; indicating the Board has approved a modest increase of 1.5% in
membership for 2010 and advising that the theme for the Annual
Conference is “Propelling Economic Prosperity” and hoping municipal
officials will attend to garner new ideas and to explore innovations to
community well-being; and, hoping that the Association can count on the
municipality’s membership support in 2010.
I - 11 Sheila Hall, Executive Director, Economic Development Officer, Clarington
Board of Trade, providing an update on the activities that the Board of
Trade and Office of Economic Development have undertaken over the past
year regarding the New Nuclear Build Project at Darlington including
attraction of Nuclear industry businesses from outside Clarington and
educating the existing business community regarding opportunities for
diversification; maintaining communication with Ontario Power
Council Meeting Minutes - 13 - January 25, 2010
Generation’s New Nuclear Division, AECL, Infrastructure Ontario and the
Organization of Candu Industries (OCI); hosting the first Energy Summit
which attracted over 100 people representing a mix of OCI membership,
Clarington businesses and individuals from the development community,
forwarding correspondence to over 20 political officials and stakeholders
on behalf of the Board of Trade expressing appreciation for the investment
opportunity for Clarington, and encouraging their partners to send a similar
letter on behalf of their business or association; indicating an additional
letter of support will be sent to the New Minister of Energy and
Infrastructure once the appointment, expected in late January or early
February, is made; and, advising they have been awarded $15,000 by the
Canadian Environmental Assessment Agency to provide a peer review on
the socio-economic impact outlined in the Environmental Impact Study
submitted by Ontario Power Generation, which will help to raise the profile
of interest for the project at the Provincial and Federal levels of
government.
I - 12 Stuart Harrison, General Manager, Policy Committee, Greater
Peterborough Chamber of Commerce, writing to the Right Honourable
Stephen Harper, Prime Minister of Canada and the Honourable Dalton
McGuinty, Premier of Ontario, expressing concern that nearly two years
ago, the Federal Government committed $150 million to refurbish the rail
line between Havelock/Peterborough and Toronto which has yet to be
spent; indicating that the funding is tied to the Build Canada Fund, and
requires the signature of the Province of Ontario; acknowledging that the
Province has commissioned a study by Metrolinx which will address
aspects of the passenger service, which has yet to be released; providing
an overview of the two key components to the rail line including freight and
passenger service; and, recommending that the freight issues be
separated from the passenger issues and that the refurbishment of the line
begin, before the $150 million investment is lost.
I - 7 Sheila Hall, Executive Director, Clarington Board of Trade & Office of
Economic Development, endorsing support once again for the New
Nuclear Build at Darlington; advising that with the CANDU reactor division
of AECL being put up for sale, time will be of the essence and it will be
critical for Ontario to encourage continued movement in this process to
allow the project to move forward with the work done to date; highlighting
the predicted economic boost for Clarington, Durham Region, and the
Province and the need to keep the momentum going for these investments
to flourish, help Ontario’s economy blossom in these hard times and to
provide high quality jobs; trusting that required decisions and discussions
to keep this project moving forward are well underway; and, offering to
help facilitate discussions to advance this critical project.
Council Meeting Minutes - 14 - January 25, 2010
I - 8 Gerry Waterhouse, Site Manager, Nuclear Logistics Inc. Canada, writing to
the Honourable Dalton McGuinty, Premier of Ontario, indicating that as a
business situated within the chosen host community for the New Nuclear
Build in Darlington, Nuclear Logistics Inc. Canada is continuing to prepare
for the economic stimulus this project will inject into Ontario, Durham
Region and the Municipality of Clarington; indicating Ontario’s
opportunities for job creation, export opportunities and business expansion
through this project are tremendous and will prove to be a motivator for all
industries; applauding the government for the direction it is following to
ensure that the Province’s energy demands are met in the long term; and,
trusting that required decisions and discussions to keep this project moving
forward are well underway and that they will hear in the near future that the
project will soon be moving forward.
Resolution #C-024-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 7 from Sheila Hall, Executive Director, Clarington
Board of Trade & Office of Economic Development and Correspondence Item I - 8
from Gerry Waterhouse, Site Manager, Nuclear Logistics Inc. Canada, with respect
to support of New Nuclear Build at Darlington, be endorsed.
“CARRIED”
I - 10 Linda Gasser forwarding a copy of her delegation to the Durham Works
Committee of January 13, 2010, regarding the Amended Incinerator EA
process and costs, expressing concern that correspondence regarding the
incinerator is often redirected by staff and not always made available to
decision-makers in a timely manner; that Council appears not to have a
good understanding of the Amended EA study status and prospects for
approval and don’t appear overly concerned with errors or the costs to
address them; requesting two more items be considered, subsequent to
th
her January 7 letter, requesting that the Project Team be directed to
update the Project Website to reflect the latest extension request and
related review timelines and to explain the EA review process and possible
Ministry responses to the Amended EA so that Council may anticipate
what action Committees/Council may need to take in the near future; and,
requesting that the Works Commissioner provide written updates any time
an EA review extension is requested and to describe the reasons and
provide copies of letters to the Ministry as well as their responses.
Council Meeting Minutes - 15 - January 25, 2010
Resolution #C-025-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item I – 10 from Linda Gasser, with respect to the Amended
Incinerator EA process and costs, be endorsed; and
THAT the Regional Commissioner of Works be requested to address Council at a
future meeting regarding this matter.
“CARRIED”
I - 13 Darlene Brown, Executive Director, Big Brothers & Sisters of Clarington,
extending an invitation to participate in “Bowl for Kid’s Sake” to be held
February 16 to 22, 2010, at Liberty Bowl, in support of Big Brothers &
Sisters of Clarington programs. On-line registration and pledging is
available at http://clarington.kintera.org/bfks or bowlers may collect
pledges and bring pledge money to the bowling alley on the day of
bowling. In 2009, Big Brothers & Sisters of Clarington reached more than
350 children with their innovative and creative programs and are
committed to serving more children in 2010.
Resolution #C-026-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item I - 13, from Darlene Brown, Executive Director, Big
Brothers & Sisters of Clarington, with respect to the “Bowl for Kid’s Sake” fundraising
event, be received for information.
“CARRIED”
I - 14 Leith Moore, Building Industry and Land Development Association (BILD)
Chair, forwarding a copy of “Creating a More Efficient Development
Approval Process: Municipal Best Practices, December 2009”, a
document developed in an effort to improve the efficiency of the municipal
development approvals process and providing municipalities with the
opportunity to identify efficiencies that will improve the process and deliver
the municipal outcome while generating savings to the municipal taxpayer.
Council Meeting Minutes - 16 - January 25, 2010
Resolution #C-027-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item I - 14 from Leith Moore, Building Industry and Land
Development Association (BILD), with respect to Municipal Best Practices, be
referred to staff.
“CARRIED”
I - 15 Jonah Kelly, Planning Department, Region of Durham, advising
nominations are being accepted until March 1, 2010, for the Durham
Environmental Advisory Committee (DEAC) Environmental Achievement
Awards, a program established to recognize individual or group efforts in
six award categories that promote, preserve and enhance Durham’s
natural environment. Nomination forms are available at
www.durham.ca/deac or by contacting Jonah Kelly at 905-668-7711.
Resolution #C-028-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item I - 15, from Jonah Kelly, Planning Department, Region
of Durham, with respect to the 2010 Durham Environmental Advisory Committee
Annual Awards Program, be referred to the Clarington Living Green Community
Advisory Committee.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Item D - 14 was received as a hand out.
Resolution #C-029-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 8, and Hand-out Correspondence
Item D - 14, be approved as per the agenda.
“CARRIED”
Council Meeting Minutes - 17 - January 25, 2010
D - 1 Lyle Goodin, Rotary Club of Bowmanville, advising of the 3 rd Annual Rotary
Ribfest to be held on the playing fields of the Garnet B. Rickard Recreation
Complex from June 11 to 13, 2010, and requesting permission to have a
banner placed on the hydro poles, west of the railway during the week of
May 17, 2010 and removed during the week of June 14, 2010, in support
of Rotary Ribfest.
(Installation of banner approved and
Veridian to be advised)
D - 2 Jim Richards requesting Council support direct election of the Regional
Chair and to place a question on the ballot in 2010 to let the electors
decide; expressing concern that appointing the most senior municipal
position, the Regional Chair, by elected Regional Councillors and not
elected by the people is not democratic, fair or acceptable.
(To advise of Council’s action regarding the
placing of a referendum question on the
ballot concerning Direct Election of the
Regional Chair)
D - 3 Dianne McKenzie, Executive Director, Epilepsy Durham Region,
requesting that March be proclaimed “Epilepsy Awareness Month”;
indicating their public awareness campaign “Wear Purple and Show You
Care”, is underway; and, encouraging participation by purchasing a ticket
to attend their Charity Gala or by wearing purple on Friday, March 26,
2010 to support the more than 36,000 people living with epilepsy in
Durham.
(Proclaimed)
D - 4 Bruce Wood, President, Oshawa Ratepayers Association, advising that
88% of Oshawa citizens voted to have the Regional Chair elected by
general vote of the electors in the last Municipal election with two other
area municipalities voting similarly; and, requesting Clarington Council to
reaffirm the public’s sentiment in this regard.
(To advise of Council’s action regarding the
placing of a referendum question on the
ballot concerning Direct Election of the
Regional Chair)
Council Meeting Minutes - 18 - January 25, 2010
D - 5 J. Arthur Wynn, President, Newcastle/Bond Head Ratepayers’ Association,
expressing concern with the state of the boarded up properties on King
Avenue at the east end of the Village; acknowledging that the Wallbridge
House has been designated as an historical site but that it should not
remain in its present condition indefinitely; and, advising Council that the
Association adopted a resolution to notify the Municipality of concerns
regarding the properties and hoping that any proposed suitable
development would be supported and expedited by the Planning Services
Department.
(Correspondence referred to the Director of
Planning Services)
D - 6 Debbie Hunter, Office Administrator, MS Society, Durham Regional
Chapter, Multiple Sclerosis Society of Canada, advising the 2010 Multiple
Sclerosis Carnation Campaign will take place during Mother’s Day
Weekend and requesting approval for tag days to permit the MS Society to
sell carnations on Friday, May 7 and Saturday, May 8, 2010, in support of
on-going research into the cause and cure of MS and to provide
assistance for persons with Multiple Sclerosis and their families.
(Permission granted to sell carnations on
May 7 and May 8, 2010)
D - 7 G. P. Carroll, P.Eng., President, Municipal Engineers Association, advising
th
that 2009 marks the 50 Anniversary of the Municipal Engineers
Association (MEA) Annual Workshop and to celebrate this occasion, the
MEA has published a book of its history, entitled “Sharing With Pride” to be
made available free to all municipalities in the Province in an effort to bring
greater awareness of the role of municipal engineering in providing
sustainable infrastructure; and, respectfully requesting that the book be
placed in a municipal library for public reference.
(Correspondence referred to the Chief
Executive Officer/Library Director)
D - 8 Robert Stevens requesting that Bowmanville be recognized along Highway
401 on the south side of the highway in one of two locations; forwarding
photographs of other municipal entrance features including Port Hope,
Brighton, Cobourg, Belleville and Quinte West; and, forwarding a cheque
in the amount of $1,000 to be used as seed money only to accomplish his
request.
(Correspondence forwarded to the Ministry
of Transportation and to John O’Toole,
MPP)
Council Meeting Minutes - 19 - January 25, 2010
D - 14 Susan Edwards, Area Coordinator, Durham Region, Heart and Stroke
Foundation of Ontario, requesting that the month of February be
proclaimed “Heart Month” and that a flag-raising ceremony be arranged to
kick-off the event.
(Proclaimed)
D - 9 James Slyfield, expressing concern regarding the impacts of the proposed
th
realignment of Middle Road on residents and properties in the 5
Concession resulting from Council’s recommendation that Middle Road be
kept open and bridged over the proposed Highway 407; requesting that
Council respond to specific concerns highlighted in his letter to Council of
September 21, 2009; indicating the proposal to extend both his and a
neighbouring driveway are most troubling and suggesting that Clarington
Council accept responsibility for compensation, accommodation or
consideration regarding the matter; and, encouraging Council to withdraw
their recommendation to keep Middle Road open and bridged.
Resolution #C-030-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D - 9 from James Slyfield, with respect to the proposed
realignment of Middle Road, be received for information.
“CARRIED”
D - 10 Dr. Debra Jefferson, advising she has been monitoring the Waste
Incinerator Environmental Assessment (EA) study since 2007 noting
citizen reviewers have identified errors, omissions, information gaps in the
final documents and that the Project Team has required three extensions
to deal with the number of comments received and issues raised; that the
final and amended EA documents are substantially different from what
Durham Region Council approved on June 24, 2009 and from the draft EA
documents that Clarington’s peer reviewers submitted comments on last
July; indicating that a second EA inspection period is scheduled to begin
February 26, 2010, providing the last formal opportunity for review and
comments and requesting that Council direct staff to engage peer
reviewers to review the Final and Amended EA documents and that
Clarington staff and Council receive professional advice around a formal
submission during the second public inspection.
Council Meeting Minutes - 20 - January 25, 2010
Resolution #C-031-10
Moved by Councillor Foster, seconded by Councillor Woo
WHEREAS the health and welfare of our residents is of primary concern to the
Municipality of Clarington; and
WHEREAS questions and concerns have arisen through the E.A. process with
respect to the current state of the local airshed and the potential negative impact the
proposed incinerator may have on local airshed quality;
THEREFORE BE IT RESOLVED THAT staff investigate and report by the next
Council meeting on the potential costs of peer review of air quality issues arising
from the EFW EA, and that should remaining funding for peer review studies from
Durham Region be available, that the purchasing by-law be suspended and that staff
retain a peer review team to comment on air quality issues relating to the EA and the
proposed incinerator.
“CARRIED”
D - 11 Kerry Meydam, expressing concern regarding recent developments with
the Durham Energy-From-Waste EA and the overall EA process to date;
stating there have been numerous valid concerns raised by residents and
government reviewers during the process; indicating that a third extension
and postponement of the MOE’s formal review period for the Amended
Durham/York Residual Waste Study EA has been granted and that the
most recent version is very different from the version voted on by Regional
Council on June 24, 2009; advising that residents are concerned that
human health and the environment could be seriously impacted due to the
deficiencies in the studies as well as the lack of opportunity by residents to
respond formally to all amendments and addendums prior to release of the
Ministry Review document ,due to the disorganized and incomplete way
the entire EA is progressing; stating she feels that Clarington and its
residents are at a disadvantage because of the early dismissal of the
municipality’s peer reviewers prior to the completion of the EA and long
before all the changes to the EA documents since being submitted to the
Province; and, requesting that Clarington Council reconsider the early
Council Meeting Minutes - 21 - January 25, 2010
dismissal and consider re-hiring the independent experts to review the final
documentation prior to the Minister making a decision on this EA and that
Council reconsider support of the incineration project until such time as a
proper EA is completed with full documentations and local studies.
Resolution #C-032-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Correspondence Item D - 11 from Kerry Meydam, with respect to the
Durham/York Energy-From-Waste, be received with thanks.
“CARRIED”
D - 12 Stephanie Cappuccitti, requesting an extension to Building Permit
#09.0271 for 4440 Courtice Road for an additional six months due to
weather and unforeseen building problems.
Resolution #C-033-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Stephanie Cappuccitti be granted a 6 month extension for the use of
temporary living quarters at 4440 Courtice Road subject to signing a further Letter of
Undertaking.
“CARRIED”
D - 13 Gordon McCallum, The Memorial of Heroes, forwarding a copy of a draft
proposal for construction of a four seasons custom landscaped memorial,
recognizing Canadian heroes who have fallen during the Afghanistan
conflict, adjacent to the “Highway of Heroes” in Bowmanville; and,
requesting Council’s assistance and suggestions that will help to obtain
any necessary Federal and Provincial Government approvals to facilitate
the construction.
Resolution #C-034-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT the request from Gordon McCallum, The Memorial of Heroes, for support of a
proposal to construct a four seasons custom landscaped memorial adjacent to the
“Highway of Heroes” in Bowmanville, be denied.
“CARRIED”
Council Meeting Minutes - 22 - January 25, 2010
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report January 18, 2010.
Resolution #C-035-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the General Purpose and Administration Committee Report of January 18, 2010
be approved, with the exception of Items #2, #4 and #6.
“CARRIED”
Item 2
Resolution #C-036-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Report PSD-010-10 be received;
THAT Report PSD-010-10 be approved as the Municipality of Clarington’s comments
to the Ministry of Environment on the “Notice of Completion of Ministry Review” for the
407 East Environmental Assessment;
THAT, to mitigate the impact of the East Durham Link interchange on the road
network within the Clarington Energy Business Park, the Highway 407 Project be
revised to incorporate the construction of Energy Drive as a project-related work, in
lieu of the reconstruction of the South Service Road in this same section;
THAT, in compensation for the loss of 28 ha of employment lands in the Clarington
Energy Business Park and the Courtice Industrial Park as a result of the Highway 407
Project and in light of the Province’s reluctance to designate additional industrial lands
in Clarington, the Ministry of Transportation be requested to acquire additional lands
within the Energy Park to allow for their early development for industrial purposes in
accordance with the Municipality`s Energy Business Park Secondary Plan;
THAT, in compensation for the loss of Rundle Road north of Regional Road 4 and the
resulting impact on the road network, the Highway 407 Project be revised to
incorporate the construction of Holt Road between Regional Road 4 and Concession
Road 6 to maintain north-south connectivity within the local road network and to
minimize traffic impacts on the hamlets of Solina and Hampton;
THAT the Ministry of Transportation be required to undertake a more detailed traffic
analysis as part of the Highway 407 Environmental Assessment to examine the
impact of a tolled highway scenario on the local road system;
Council Meeting Minutes - 23 - January 25, 2010
THAT the Highway 407 Project be revised to incorporate the acquisition of appropriate
lands to provide an interchange at Liberty Street and the Highway 407 mainline either
as an alternative to or in addition to the Darlington/Clark Townline Road interchange,
with appropriate provision for emergency access to the highway;
THAT the Municipality concurs with the Ministry of Transportation that additional
discussion is required to address the issue of maintaining access to agricultural lands
on Washington Road;
THAT the Municipality of Clarington and the Ministry of Transportation will have to
continue to liaise on the mitigation of impacts on cultural heritage resources to ensure
both provincial and local heritage objections are satisfied;
THAT staff be authorized to continue discussions and negotiations with the Ministry of
the Environment and the Ministry of Transportation to achieve acceptable solutions to
the above-noted issues;
THAT a copy of Report PSD-010-10 and Council’s decision be forwarded to the
Ministry of the Environment, the Ministry of Transportation, and the Regional
Municipality of Durham; and
THAT all interested parties listed in Report PSD-010-10 and any delegations be
advised of Council’s decision.
“CARRIED”
Item 4
Resolution #C-037-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-012-10 be received;
THAT the property being Parts 1, 3, 4 and 5, Plan 40R-14254, former Darlington
Township, Roll Number 181701011022800, approximately 57.5 ha, in the Long Sault
Conservation Area be declared surplus;
THAT the Mayor and Clerk be authorized to sign the by-law attached to Report
PSD-012-10 on behalf of the Municipality declaring Parts 1, 3, 4 and 5, Plan 40R-
14254 as surplus;
THAT the property be conveyed to the Central Lake Ontario Conservation Authority in
exchange for 8 properties set out in Schedule 1 in Attachment 1 attached to
Report PSD-012-10, approximately 45 ha in the Bowmanville Urban Area, along the
Bowmanville valley;
Council Meeting Minutes - 24 - January 25, 2010
THAT the Municipality of Clarington will be responsible for the nominal costs
associated with the disposal of the Long Sault Conservation lands including, but not
limited to, the cost of any public notices or advertising, land transfer tax, survey costs,
legal fees and registration costs;
THAT CLOCA would be responsible for the nominal costs associated with the
disposal of the Valleylands including, but not limited to, the cost of land severances,
easements, land transfer tax, survey costs, legal fees and registration costs;
THAT the Mayor and Clerk be authorized to execute all documents necessary to
register required easements and convey the lands to the Central Lake Ontario
Conservation Authority providing they are to the satisfaction of the Municipal Solicitor;
THAT the Mayor and Clerk be authorized to sign the by-law attached to
Report PSD-012-10 on behalf of the Municipality to execute the land exchange offer
from the Central Lake Ontario Conservation Authority for the lands in the Bowmanville
Valley; and
THAT all interested parties listed in Report PSD-012-10 and any delegations be
advised of Council’s decision.
“CARRIED”
Item 6
Resolution #C-038-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report PSD-014-10 be received;
THAT Council endorse the Durham Region Transit Long Term Transit Strategy with
the following amendments:
?
That consideration be made for built heritage or cultural heritage landscapes;
?
That the proposed Rapid Transit service along Highway 2 be extended to the
Transitway Station at the future Durham East Link (407);
?
That consideration be given to including additional Enhanced Conventional
Service routes along its proposed terminus on Baseline Road to Liberty Street
and north to Highway 2;
?
That local transit service to Orono be maintained and improved through the
planning period of this strategy;
?
That two additional GO Rail station sites be identified on the east side of
Bowmanville and near Newcastle/Highway 35/115;
?
That Durham Region Transit give due consideration to the extension of local
transit service to employment areas in consultation with Municipal staff;
Council Meeting Minutes - 25 - January 25, 2010
THAT Durham Region Transit be congratulated for developing a bold, comprehensive
and innovative vision for transit in Durham Region that will assist in transforming the
urban character of the Region; and
THAT Durham Region Transit be provided a copy of Report PSD-014-10 for their
information and action therein.
“CARRIED”
STAFF REPORT(S)
Report CAO-003-10 – Canadian Nuclear Association Conference and Trade
Show
Resolution #C-039-10
Moved by Councillor Trim, seconded by Councillor Hooper
THAT Report CAO-003-10 be received;
THAT Clarington Board of Trade be requested to secure and staff an Exhibitor Booth
on behalf of the Municipality of Clarington at the Canadian Nuclear Association
Conference and Trade Show Feb.23-25, 2010 in Ottawa; and
THAT the CAO be authorized to expend upward of $7,000 to fund this project and the
said funds be drawn from the Economic Development Reserve Account.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-040-10
Moved by Councillor Foster, seconded by Councillor Robinson
WHEREAS good management and prudence dictate that any organization review and
retain or change, as appropriate, its business practices;
AND WHEREAS the Municipality of Clarington must deal with legal issues of growing
complexity and volume and the costs associated with these issues.
Council Meeting Minutes - 26 - January 25, 2010
THEREFORE BE IT RESOLVED THAT a report be prepared within eight weeks by
our CAO Frank Wu and the Municipal Solicitor Dennis Hefferon to consider the current
policies and practices of the legal services provided to the Municipality of
Clarington with a view to retaining those policies and practices that serve the
Municipality well and suggestions for improvements and potential cost savings where
prudent and appropriate.
“MOTION LOST LATER IN THE MEETING”
Resolution #C-041-10
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the foregoing Resolution #C-040-10 be amended to delete the words “within
eight weeks” and to replace with the words “and referred to the 2010 budget
deliberations” and to delete the words “and the Municipal Solicitor Dennis Hefferon”.
“MOTION LOST”
Resolution #C-040-10 was then put to a vote and LOST.
Resolution #C-042-10
Moved by Councillor Robinson, seconded by Councillor Foster
WHEREAS the lower tier Municipalities of Oshawa, Ajax and Pickering in the last
municipal election placed a referendum question on the ballot to poll the question of
direct election of the Durham Regional Chairman;
WHEREAS the public supported direct election in those municipalities at 88 percent of
electorate support;
WHEREAS changing the process of electing the Regional Chairman needs a vote of
the new Regional Council after the municipal election in order to request the Province
to change the Municipal Act.
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington place a
referendum question on the ballot to poll the question of direct election of the Durham
Regional Chair, and;
THAT this resolution be copied to all Municipalities in Durham and;
Council Meeting Minutes - 27 - January 25, 2010
THAT Whitby, Brock, Scugog and Uxbridge be encouraged to place a similar question
on the ballot for the 2010 election.
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Foster ?
Councillor Hooper ?
Councillor Novak ?
Councillor Robinson ?
Councillor Trim ?
Councillor Woo ?
Mayor Abernethy ?
Councillor Foster raised a Point of Order in that comments made should be regarding
the placing of a question on the ballot only and not a debate regarding direct election
of the Regional Chair.
Resolution #C-043-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Resolution #C-622-09, as amended, as it relates to the method of counting
ballots during the 2010 Municipal Election be reconsidered, to allow for the following
motion to be introduced:
‘THAT vote tabulating equipment be utilized for the 2010 Municipal Election’.”
“MOTION LOST ON THE FOLLOWING
RECORDED VOTE”:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Foster ?
Councillor Hooper ?
Councillor Novak ?
Councillor Robinson ?
Councillor Trim ?
Councillor Woo ?
Mayor Abernethy ?
Council Meeting Minutes - 28 - January 25, 2010
UNFINISHED BUSINESS
Resolution #C-044-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Item 12 of Report #1 – Staff Report CLD-001-10 – Sale of Fireworks – Perfect
Party Place be lifted from the table.
“CARRIED”
Resolution #C-045-10
Moved by Councillor Hooper, seconded by Councillor Foster
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.
“CARRIED”
Deputy Mayor Trim chaired this portion of the meeting.
Resolution #C-046-10
Moved by Mayor Abernethy, seconded by Councillor Woo
THAT Resolution #C-013-10 be lifted from the table.
“CARRIED”
Resolution #C-047-10
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
Council Meeting Minutes - 29 - January 25, 2010
THAT the remaining clauses of the resolution remain unaltered.
“CARRIED LATER IN THE MEETING”
Resolution #C-048-10
Moved by Councillor Woo, seconded by Mayor Abernethy
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed to consider personal matters about identifiable individuals,
including municipal or local board employees.
“CARRIED”
The meeting resumed in open session at 10:55 p.m.
The Deputy Mayor advised that one item was discussed in “closed” session in
accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were
passed.
Resolution #C-047-10 was then put to a vote and “CARRIED ON THE FOLLOWING
RECORDED VOTE”:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Mayor Abernethy ?
Councillor Foster ?
Councillor Hooper ?
Councillor Novak ?
Councillor Robinson ?
Councillor Woo ?
Councillor Trim ?
Mayor Abernethy resumed the Chair.
Resolution #C-049-10
Moved by Councillor Hooper, seconded by Councillor Robinson
THAT the meeting be extended for ten minutes in order to complete the agenda.
“CARRIED”
Council Meeting Minutes - 30 - January 25, 2010
Resolution #C-050-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the presentations of the Durham Regional Police Service and Gord Lee be
received with thanks.
“CARRIED”
BY-LAWS
Resolution #C-051-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2010-007 to 2010-010 inclusive;
2010-007 Being a by-law to declare the lands more particularly described as
Parts 1, 3, 4 and 5 on Plan 40R-14254, former Darlington
Township in the Municipality of Clarington to be surplus
2010-008 Being a by-law to authorize the Exchange of land: Parts 1, 3, 4
and 5 on Plan 40R-14254, former Darlington Township be
transferred to Central Lake Ontario Conservation as set out in
Schedule 1 and P.I. N. Numbers 266150214; 266150215;
266140034; 266140035; 26932043; 26932048; 266440044; and
266450071 as set out in Schedule 2 be transferred to the
Municipality of Clarington
2010-009 Being a by-law to exempt a certain portion of Registered Plan
40M-1929 from Part Lot Control
2010-010 Being a By-law to adopt the Use of Corporate Resources for
Election Purposes Policy; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
There were no Notices of Motion introduced under this Section of the Agenda.
OTHER INFORMATION
There was no Other Information introduced under this Section of the Agenda.
Council Meeting Minutes - 31 - January 25, 2010
CONFIRMING BY-LAW
Resolution #C-052-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2010-011, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 25th day of January 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-053-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 11:02 p.m.
°CARRI ED"