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Council Meeting Minutes
FEBRUARY 8, 2010
Minutes of a regular meeting of Council held on February 8, 2010 at 7:00 p.m., in the
Council Chambers.
Councillor Novak led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Facilities Manager, G. Acorn
Purchasing Manager, J. Barber
Internal Auditor, L. Barta
Director of Engineering Services, T. Cannella
Solicitor, D. Hefferon
Acting Director of Planning Services, F. Langmaid
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
ANNOUNCEMENTS
Mayor Abernethy stated he attended the Clarington Project’s Polar Chili Golf Classic
on February 6, 2010.
Mayor Abernethy also attended the opening of George Smitherman’s Campaign
Office in Toronto. Mr. Smitherman has registered to run in the 2010 City of Toronto
Mayoral race.
Council Meeting Minutes - 2 - February 8, 2010
Resolution #C-054-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on January 25, 2010, be
approved.
“CARRIED”
Resolution #C-055-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT the rules of procedure be suspended to allow Rosemary Yeremian, Chair,
Ontario Nuclear New Build Council, to address Council regarding the Canadian
Nuclear Association Conference.
“MOTION LOST”
Councillor Novak stated that Dale Hunt, sister of Beth Markle [Delegation (d)], has
advised that Beth will not be in attendance this evening and will reschedule her
delegation.
PRESENTATIONS
Cliff Curtis, Commissioner of Works, Region of Durham, Jim McKay, Stantec and
Dr. Christopher Ollson, Stantec addressed Council to provide an Update on the
Durham/York Residual Waste EA Study.
Through use of a PowerPoint presentation, Mr. Curtis provided a brief update on the
status of the Durham/York Residual Waste Study Environmental Assessment process.
Mr. Curtis reviewed a chronology of events and timelines highlighting significant
project dates and outlining next steps in the process. Mr. Curtis stated the
Environmental Assessment (EA) was submitted to the Ministry of the Environment on
July 31, 2009, with an amended EA which included minor revisions submitted on
November 27, 2009 and an Addendum to the EA regarding the procurement process
submitted on December 16, 2009. He noted a Notice of Completion of the Ministry
review of the Environmental Assessment is anticipated mid-February and that there
will be a five week review period for public inspection of the Ministry’s review. Mr.
Curtis stated that if all goes well, the EA could be in the Minister’s office by late June
or early July, and then forwarded to Cabinet for approval. Mr. Curtis confirmed that
the Minister can refer all or part of the application to an Environmental Review
Tribunal, to mediation or can proceed to a decision of either approval, approval with
conditions or refusal.
Council Meeting Minutes - 3 - February 8, 2010
Mr. Curtis indicated that $13,422,000 was the approved budget for the Environmental
Assessment and expenditures to the end of 2009 are approximately $11,700,000 split
50/50 with York Region. He stated there are sufficient funds remaining to implement
the EFW project to EA approval excluding referral to the Environmental Review
Tribunal or mediation but noted however, that there is no indication those actions will
be required. Jim McKay, Stantec, confirmed that modeling and results regarding the
PM 2.5 issue have not changed.
In response to questions, Mr. Curtis confirmed that the approval is for 140,000 tonnes
and that a new EA would have to be submitted under regulations at the time for
expansion to a 400,000 tonne facility. Mr. Curtis stated he believes the document
submitted in December is internally consistent, complete and correct and he has no
cause for concern with what was submitted noting that all amendments and
addendum are summarized in the Rationale and Concordance Tables at
http://www.durhamyorkwaste.ca/amended_ea_study_doc.php.
DELEGATIONS
Louis Bertrand addressed Council concerning Staff Report #1 - Report PSD-021-10 –
Durham/York Residual Waste Environmental Assessment Re-engagement of Peer
Review Consultants – Air Quality Impacts. Mr. Bertrand advised the work that is being
presented to the public by the Ministry is not only a review of the EA Study but also
the comments by the Government Review Team, the public, proponents and
responses to those comments. It is an ongoing interactive process and it is crucial
that the peer reviewers follow up on the comments. Mr. Bertrand indicated that this is
the last chance that stakeholders will have to provide input into the project before the
Minister makes a decision and urged Council to request SENES to confirm in writing
that they have reviewed the document. Mr. Bertrand urged Council to defeat the staff
recommendation.
Doug Anderson addressed Council concerning Staff Report #1 - Report PSD-021-10 –
Durham/York Residual Waste Environmental Assessment Re-engagement of Peer
Review Consultants – Air Quality Impacts. Mr. Anderson expressed concern that the
Report seems to suggest that a reduction in capacity has solved all the problems. He
feels that 400,000 tonnes was added to the EA to avoid the necessity of conducting a
future EA. Mr. Anderson stated he provided Council with figures last year showing
that the numbers don’t add up and this information was simply ignored because the
Business Case is not part of the EA. Mr. Anderson stated the majority of politicians in
Durham Region share the concerns of Clarington constituents regarding air pollution
in Durham Region and he urged Council to listen to the public, reject the staff
recommendation and re-engage the peer reviewers to look beyond the scope of the
EA.
Council Meeting Minutes - 4 - February 8, 2010
Dale Hunt addressed Council concerning Item 2 of Report #1 - Report PSD-015-10 -
To Rezone Residential and Limited Commercial Properties to Permit the Construction
of a New Retail Commercial Building. Ms. Hunt stated she feels appearing before
Council this evening regarding 57 Mill Street South would be premature and that she
will wait until the site plan process begins.
Beth Markle advised that she would not be addressing Council.
Wendy Bracken addressed Council concerning Staff Report #1 - Report PSD-021-10
– Durham/York Residual Waste Environmental Assessment Re-engagement of Peer
Review Consultants – Air Quality Impacts. Ms. Bracken stated she disagrees with the
recommendation contained in the staff report and is concerned that the public does
not have a written report from SENES to determine their reasoning. She stated that
air quality impacts cannot be limited to a 400,000 tonne per year facility. Ms. Bracken
drew Council’s attention to comments of Heath Canada reviewers regarding the
requirement for additional mitigation measures noting the consultant’s response was
contrary in recommending that additional mitigation measures not be taken.
Ms. Bracken urged Council to conduct another peer review due to the number of items
that were not signed off. She also stated that Clarington peer reviewers did not
comment on the final or amended EA and expressed concern that the Project Team is
still using outdated Ministry of the Environment Ambient Air Standards instead of the
appropriate toxicity reference standards.
Louis Bertrand addressed Council concerning the Presentation of Cliff Curtis,
Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher
Ollson, Stantec – Update on the Energy-From-Waste EA. Mr. Bertrand stated he has
grave concerns with the EA process as it stands in terms of how it has evolved and its
ability to protect the public from a potentially harmful product. Mr. Bertrand feels the
municipality is not getting the “best of the best” which was promised and questioned if
the best approach is being taken for the benefit of the public. Mr. Bertrand expressed
concern that the project website was not up-to-date for the longest time and that the
th
January 15 table of comments and responses was posted at the bottom of a very
long list of reports under “What’s New”.
Wendy Bracken addressed Council concerning the Presentation of Cliff Curtis,
Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher
Ollson, Stantec – Update on the Energy-From-Waste EA. She expressed concern
that Mr. Curtis referred to the first amendment to the EA as dealing with minor matters
and does not consider changing from a 400,000 tonne facility to a 140,000 tonne
facility a minor matter. Ms. Bracken stated the main concerns raised by Clarington
peer reviewers were not changed. She noted that the Clarington Peer Reviewers
provided comments on the Draft EA only, not the Final or Amended EA. She urged
Council to have reviewers look at mitigation measures that Health Canada is
recommending as particulate matter is a key pollutant and Health Canada has
commented that the project will significantly add to air quality issues.
Council Meeting Minutes - 5 - February 8, 2010
Linda Gasser addressed Council concerning the Presentation of Cliff Curtis,
Commissioner of Works, Region of Durham, Jim McKay, Stantec and Dr. Christopher
Ollson, Stantec – Update on the Energy-From-Waste EA. Ms. Gasser stated it is a
huge struggle to get accurate and timely information from the proponents and Project
Team and that citizen reviewers has been concerned with cost and process issues for
some time. Ms. Gasser advised that as the potential host community it is essential
that staff and Council fully understand the EA process. She urged Council to read the
Ministry of the Environment’s Code of Practice to understand their role. Ms. Gasser
expressed concern that Durham staff have indicated that only minor amendments
were made to the EA and she has made the logical assumption based on her review
and on the technical reviewer’s comments that the prospects for a 400,000 tonne
facility were not that good. Ms. Gasser stated this project has great potential to cause
serious human heal and environmental impacts.
Linda Gasser addressed Council concerning Staff Report #1 - Report PSD-021-10 –
Durham/York Residual Waste Environmental Assessment Re-engagement of Peer
Review Consultants – Air Quality Impacts. Ms. Gasser stated the staff
recommendation is premature and that there has been no Ministry of the Environment
“sign off” on air quality or site specific health concerns. She stated that issues
continue to be raised by citizen reviewers and other technical reviewers and that they
could be included. Ms. Gasser feels it is imperative that Council is made aware of the
contents of the SENES response and knowing what SENSES reviewed and their
comments is a Council responsibility. She indicated that neither SENSES nor staff
have reviewed the Final EA document and that doing a peer review would not delay
the EA process. Ms. Gasser expects that Council will make the health and welfare of
Clarington residents a priority and urged them to defeat recommendation #2 and to
engage peer reviewers to perform this review as part of their due diligence.
Kristin Robinson addressed Council concerning Staff Report #1 - Report PSD-021-10
– Durham/York Residual Waste Environmental Assessment Re-engagement of Peer
Review Consultants – Air Quality Impacts. Ms. Robinson expressed concern that air
quality issues have not been addressed and requested Council to re-engage the peer
reviewers. She feels that the community’s health has not been protected and
questioned whose advice Council will take, Health Canada’s or the Project Team’s.
She also stated that in her opinion, it would appear that a municipality who does not
make formal comments does not care one way or the other and she feels the Host
Community would have something to say. Ms. Robinson requested that Council re-
engage experts to look at all the problems the community reviewers are bringing
forward.
Resolution #C-056-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for ten minutes.
“CARRIED”
Council Meeting Minutes - 6 - February 8, 2010
The meeting resumed at 8:46 p.m.
COMMUNICATIONS
Resolution #C-057-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information be approved, with the
exception of Item I - 8.
“CARRIED”
I - 1 Minutes of the Task Force for Attracting Higher Education Facilities
dated December 10, 2009
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated
January 14, 2010
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated January 20, 2010
I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated
January 15, 2010
I - 5 Minutes of the Clarington Traffic Management Advisory Committee
dated November 19, 2009
I - 6 Minutes of the Central Lake Ontario Conservation Authority dated
January 19, 2010
I - 7 Linda Gasser, writing to the Regional Finance and Administration
Committee, indicating that since last fall she has brought a number of
concerns regarding the Waste (Incinerator) EA study process related
to costs and potential impacts on the 2010 budget to the attention of
several Regional Standing Committees and Regional Council;
expressing concern that neither the Committees nor Regional Council
are being provided with sufficient information regarding the EA study
process and costs to be aware of the project status, to determine
what the prospects are for EA approval and what the costs to
complete the project would be, or that clear and sufficient direction to
the Project Team staff is given to ensure proper project oversight and
regular detailed updates; expressing concern that the Project Team
Council Meeting Minutes - 7 - February 8, 2010
has not fully addressed many issues in the Amended EA and
questioning whether the current project team consultants are capable
of completing the EA Study and Certificates of Approval, if the EA
were approved, in a satisfactory manner; and, questioning in what
manner Regional Council and members of the public are generally
informed when direction to staff is provided outside of Committee
meetings.
I - 9 John R. O’Toole, MPP, Durham, writing to the Honourable Gerry
Phillips, Minister of Energy & Public Infrastructure Renewal,
forwarding a copy of correspondence from the Clarington Board of
Trade (CBOT) in support of the construction of two additional reactors
at the Darlington Nuclear Generating Station; and, questioning what
steps the government will take in the year ahead to advance the
construction of this project.
I - 10 John R. O’Toole, MPP, Durham, forwarding a copy of the response
he received from the Honourable Jim Watson, Minister of Municipal
Affairs and Housing, acknowledging concerns Mr. O’Toole has raised
regarding the Ontario Municipal Partnership Fund (OMPF) and
advising that his letter has been forwarded to the attention of the
Minister of Finance for consideration. Mr. O’Toole will advise Council
once a reply is received.
I - 11 John R. O’Toole, MPP, Durham, forwarding a copy of the response
he received from the Honourable Jim Watson, Minister of Municipal
Affairs and Housing, concerning Clarington’s resolution regarding the
Places to Grow Act advising the correspondence has been referred to
the Honourable George Smitherman, Minister of Energy and
Infrastructure for consideration. Mr. O’Toole will advise Council once
a reply is received.
I - 12 P. M. Madill, Regional Clerk, Region of Durham, writing to Darlene
Dove, Policy Analyst, Water Resources Section, Ministry of Natural
Resources, Lands and Waters Branch, advising that on January 27,
2010, Regional Council adopted the following resolution pertaining to
Policies and Procedures for Conservation Authority Plan Review and
Permitting Activities:
“a) THAT Report #2010-P-2 of the Commissioner of Planning be
forwarded to the Ministry of Natural Resources as the Region of
Durham’s comments on the proposed ‘Policies and Procedures
for Conservation Authority Plan Review and Permitting Activities’,
as contained in EBR Posting 010-8243; and
Council Meeting Minutes - 8 - February 8, 2010
b) THAT a copy of Report #2010-P-2 be forwarded to the Ministry of
Municipal Affairs and Housing, the Area Municipalities, and to
each Conservation Authority having jurisdiction in Durham
Region, for their information.
I - 13 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on January 27, 2010, Regional Council adopted the following
resolution pertaining to Amendments to Regulations Under the
Planning Act to Notify Propane Facility Operators of New
Development Applications:
“a) THAT Report #2010-P-3 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2010-P-3 be forwarded to the Area
Municipalities for information.
I - 14 P. M. Madill, Regional Clerk, Region of Durham, advising Council that
on January 27, 2010, Regional Council adopted the following
resolution pertaining to the Quarterly Report on Planning Activities:
“a) THAT Report #2010-P-5 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2010-P-5 be forwarded to all Durham
Area Municipalities, Durham Regional Police Service, and
Durham Emergency Medical Services for information.”
I - 15 P. M. Madill, Regional Clerk, Region of Durham writing to the
Association of Municipalities of Ontario advising that on January 27,
2010, Regional Council adopted the following resolution pertaining to
Regional Municipality of Durham Staff Comments Prepared in
Response to the Minister of the Environment’s Report on the Waste
Diversion Act 2002 Review – “From Waste to Worth: The Role of
Waste Diversion in the Green Economy”:
"a) THAT The Regional Municipality of Durham staff comments
outlined in Report #2010-J-1 of the Commissioner of Works
regarding the Minister of the Environment’s Report on the
Waste Diversion Act 2002 Review – 'From Waste to Worth:
The Role of Waste Diversion in the Green Economy' be
forwarded to the Ministry of the Environment for its
consideration in advance of the February 1, 2010 comment
deadline, suggesting that the Waste Diversion Act include:
Council Meeting Minutes - 9 - February 8, 2010
i) PRODUCER PAYS: Recognition of the need for 100 per
cent Extended Producer Responsibility funding for all
designated materials handled by municipalities as part of
their integrated waste management systems;
ii) EASE AND CONVENIENCE: Recognition of the
significance of source separation, and the role of
municipalities in implementing municipal solid waste
collection policies and direct incentives to residents that
are contributing significantly to the overall diversion goals
shared by the Province of Ontario;
iii) MAINTAIN SERVICE LEVELS: Guarantees of existing or
better levels of waste services to residents which include
as a minimum curbside collection of blue box materials
and waste facility collection points throughout The
Regional Municipality of Durham;
iv) FAIR COMPENSATION FOR EXISTING ASSETS:
Guarantees that if municipal operations, contracts or
infrastructure are affected by new Provincial waste
diversion programs or transfers to the private sector,
municipalities will be fully compensated for any negative
financial impacts, including payment, at fair market value,
for any transferred and/or stranded assets;
v) RECOGNITION OF RECOVERY AS DIVERSION:
Endorsement of the Canadian Council of Ministers of the
Environment definition of the waste diversion hierarchy
that recognizes reduction, reuse, recycling and recovery
as key elements;
vi) RECOGNITION OF RECOVERY AS DIVERSION:
Recovery of energy as a part of a fully integrated waste
management system and the recognition that diversion
includes the use of energy-from-waste residuals (ash and
other recoverables) to replace elements in the production
of new products and packaging, or incorporate in the
production of new products or packaging;
vii) FAIR DISTRIBUTION OF LEVIES: Recognition of the
need to exempt wastes that are managed through
thermal treatment processes that recover energy,
generate syn-gases, or further capture recyclables from
disposal levies;
Council Meeting Minutes - 10 - February 8, 2010
viii) PROMOTION OF BEST PRACTICES: Guarantees that
new Provincial diversion strategies will include municipal
consultation, and specifically recognize principles
identified by municipalities as contributing to diversion
successes, including that:
A) New systems and strategies should not be
implemented without demonstration of reduced
environmental impacts, compared to existing
diversion systems;
B) Waste contamination of recyclable or reusable
materials should be minimized, which could become
a challenge for specific proposals which may involve
collecting, transporting and/or processing Industrial,
Commercial and Institutional materials with typically
cleaner municipal solid waste materials in a
homogeneous system;
C) Additional materials should only be diverted once a
stable market exists for resale or reuse of the final
product to ensure efforts are not wasted on items
ultimately destined for disposal; and,
D) New systems and strategies should not be
implemented without demonstration that they are
user-friendly, tolerable, cost-effective and accessible
to ensure maximum public support and participation;
ix) MUNICIPALITIES CONTROL WHICH ASSETS ARE
TRANSFERRED: Guarantees that municipalities retain
the sole discretionary decision to decide whether
municipal infrastructure is transferred to the private
sector;
x) TRANSITION FUNDING TO MUNICIPALITIES AT 100
PER CENT OF NET COSTS: Guarantees that Ontario
municipalities will receive full Extended Producer
Responsibility funding to offset diversion program costs
during the transition;
xi) ASSURED INDUSTRIAL, COMMERCIAL AND
INSTITUTIONAL COMPLIANCE: Implement appropriate
measures that will incentivize compliance of diversion
targets by the Industrial, Commercial and Institutional
sectors based upon the 4R’s, reduction, reuse, recycling
and recovery;
Council Meeting Minutes - 11 - February 8, 2010
xii) MAINTAIN EXISTING DIVERSION RATES WITHIN
CURRENT WASTE DIVERSION ONTARIO MUNICIPAL
GROUPINGS: Enforcement of material specific
diversion targets and appropriate penalties and fines to
producers must be applied and be commensurate with
an analysis of the environmental benefits versus costs;
xiii) CONTINUED CONSULTATION: Recognition of the
need for continued engaging discussions with the
Province of Ontario municipalities at each transition
phase, regarding implementation options and
implications, phase-in timelines, performance guarantees
and staffing for proposed initiatives, recognizing the role
of municipalities as direct service provider, including
waste collection services, to most of the Province of
Ontario’s more than 4.5 million households;
xiv) COORDINATED PROVINCIAL PROMOTION AND
EDUCATION: Collaborative promotion and education
initiatives and call centre programs for an integrated and
seamless interface between Ontario’s waste
management programs and the public; and
xv) THAT the Association of Municipalities of Ontario (AMO)
continue to have the right to appoint members to the
Waste Diversion Ontario (WDO) Board of Directors;
b) THAT Regional comments include a request that Provincial
efforts encourage Extended Producer Responsibility through
movement towards 'zero waste' and include clear definition of
the concept of 'zero waste' to ensure development of
meaningful and achievable diversion plans;
c) THAT Regional staff be authorized to discuss these
recommendations with Provincial staff and the Association of
Municipalities of Ontario (AMO) and to provide the required
detailed background information; and
d) THAT a copy of Report #2010-J-1 be forwarded as
information to the Clerks of each of The Regional Municipality
of Durham’s Local Area Municipalities, AMO, and the local
MPP's."
Council Meeting Minutes - 12 - February 8, 2010
I - 16 Association of Municipalities of Ontario (AMO) advising AMO has
made its pre-budget submission to the Standing Committee on
Finance and Economic Affairs entitled “Propelling Economic
Prosperity” outlining a re-affirmation of current cost-shared
arrangements that provide predictable municipal funding including,
continued investment in municipal infrastructure, improved economic
development opportunities with enhanced financial tools, rebalancing
municipal liability exposure by instituting a better approach to liability,
reflecting on the massive infrastructure investments made by all
three orders of government through the Economic Stimulus program;
and, cautioning the government that any change to these
agreements would plunge many municipalities into deep and frigid
financial waters. A full copy of AMO’s pre-budget submission is
available at www.amo.on.ca.
I - 8 Correspondence has been received from the following
groups/individuals in support of the new Nuclear Build project at
Darlington Nuclear Generating Station in Clarington as a major
economic boost to Clarington, Durham Region and the Province of
Ontario:
a) Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd.
b) Randy Henry, Courtice Flea Market, 994990 Ontario Limited
c) Mayor Linda Thompson, Municipality of Port Hope
d) Kurt Henry, The Mortgage Centre
e) Elaine Garnett, CHEX TV Channel 12 Durham
Resolution #C-058-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item I - 8 from Tom and Marilyn Morawetz, Evergreen
Farm & Garden Ltd., Randy Henry, Courtice Flea Market, 994990 Ontario
Limited, Mayor Linda Thompson, Municipality of Port Hope, Kurt Henry, The
Mortgage Centre and Elaine Garnett, CHEX TV Channel 12 Durham, in
support of the new Nuclear Build project at Darlington Nuclear Generating
Station, be received with thanks.
“CARRIED”
Council Meeting Minutes - 13 - February 8, 2010
CORRESPONDENCE FOR DIRECTION
Resolution #C-059-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 6, be approved as per the agenda.
“CARRIED”
D - 1 Rebecca Evans, President, and Donna Donaldson, Executive
Officer, Durham Region Home Builders’ Association, inviting Mayor
Abernethy to attend the Association’s “Mayors & Members” evening
on March 23, 2010, as they launch “New Homes Month” in Durham
Region; and, requesting Council to declare April 2010 as “New
Homes Month” in recognition of new home construction and home
ownership as a basic factor in economic progress and quality of life.
(Proclaimed)
D - 2 Donald G. Duthie, Sponsoring Committee Chairman, 172 Royal
Canadian Air Cadets of Clarington, requesting permission to hold
Tag Days on Thursday April 29, 2010 to Sunday, May 2, 2010, in
and around Clarington to help raise funds to finance activities which
are not funded by sponsors such as weekend exercises, citizenship
tours or trips to museums.
(Request approved for 172 Clarington
Squadron Royal Canadian Air Cadets
Tag Days April 29 to May 2, 2010)
D - 3 William Stratton, Chair, Day of Mourning Committee, Durham Region
Labour Council, advising that National Day of Mourning is officially
th
recognized as April 28 each year in recognition of working people
who have died at the workplace, or suffered injuries on the job; and,
requesting Council to proclaim Wednesday, April 28, 2010, as “Day
of Mourning” and that the flags be lowered on Municipal Buildings in
honour and remembrance of those killed at the workplace.
(Proclaimed and flags to be lowered
on Municipal Buildings)
Council Meeting Minutes - 14 - February 8, 2010
D - 4 James Osborne and Pamela Callus, forwarding correspondence in
opposition to the application to amend the Clarington Official Plan
and Zoning By-law by Timothy and Sandra Kearns to permit an
outdoor recreational vehicle storage business at 3424 and 3436
Courtice Road. The correspondence indicates that they are not
opposed to the business per se, but are opposed to the location for a
wide range of reasons and outlined planning, personal and
environmental factors regarding the proposed development.
(Correspondence referred to the
Director of Planning Services)
D - 5 Laverne Morrison, Advertising Consultant, Metroland, Durham
Region Media Group, forwarding advertising proposals for printing
and distributing of the 2010 Clarington.net newsletters and for
production, printing and distribution of a Clarington Lifestyle
Magazine.
(Correspondence referred to the 2010
Budget Deliberations)
D - 6 Robert Howard and Lynn Martin, United Way of Oshawa-Whitby-
Clarington-Brock & Scugog, advising of their intention to bring the
Ride4UnitedWay event, to Clarington on August 29, 2010, and to
use the Garnet B. Rickard Recreation Complex as the starting and
end point for the ride; thanking Members of Council and staff for their
encouragement about the prospects for the event and the
opportunity to help the United Way in Clarington; and, requesting a
grant be provided to cover the fee for the use of the Complex for this
event, in recognition of the United Way as a charitable organization
who will invest the proceeds of this event in Clarington agencies and
the surrounding Durham area.
(Correspondence referred to the
Municipal Grant Process)
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report February 1, 2010.
Resolution #C-060-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of February 1, 2010
be approved, with the exception of Item #4.
“CARRIED”
Council Meeting Minutes - 15 - February 8, 2010
Item 4
Resolution #C-061-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-017-10 be received;
THAT Staff continue processing the applications to amend the Official Plan and
Zoning by-law; and
THAT all interested parties listed in Report PSD-017-10 and any delegations be
advised of Council’s decision.
“CARRIED”
STAFF REPORT(S)
Resolution #C-062-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-021-10 be received;
THAT the Peer Review consultants for the EFW (Air Quality Impacts) not be re-
engaged given that the modification of the Project Description in the EA from a
400,000 tonne per year facility to a 140,000 tonne per year facility addresses the air
quality comments previously provided by the peer reviewers;
THAT a copy of Report PSD-021-10 and Council’s decision be forwarded to the
Region of Durham, the Region of York, and Ministry of Environment; and
THAT all interested parties listed in Report PSD-021-10 and any delegations be
advised of Council’s decision.
“CARRIED”
Resolution #C-063-10
Moved by Councillor Woo, seconded by Councillor Trim
THAT Report PSD-022-10 be received;
Council Meeting Minutes - 16 - February 8, 2010
THAT the request for Removal of Part Lot Control with respect to Lots 2, 3, 4, 5, 6, 7,
8, 9, 12,14 and 15 of 40M-2278 be approved and that the Part Lot Control By-law
contained in Attachment 2 of Report PSD-022-10 be passed at such time the taxes for
these lands have been paid pursuant to Section 50 (7.1) of the Planning Act; and
THAT all interested parties listed in Report PSD-022-10 and any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's
decision
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
Mayor Abernethy indicated that he would not be proceeding with the motion
regarding the appointment of a Regional Integrity Commissioner at this meeting.
UNFINISHED BUSINESS
Resolution #C-064-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT the delegations of Louis Bertrand, Wendy Bracken and Linda Gasser, with
respect to the presentation ofCliff Curtis, Commissioner of Works, Region of Durham,
Jim McKay, Stantec and Dr. Christopher Ollson, Stantec Energy-From-Waste Project
-
Update, be received with thanks.
“CARRIED”
Resolution #C-065-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the Presentation of Cliff Curtis, Commissioner of Works, Region of Durham, Jim
McKay, Stantec and Dr. Christopher Ollson, Stantec - Energy-From-Waste Project
Update, be received with thanks.
“CARRIED”
Council Meeting Minutes - 17 - February 8, 2010
BY-LAWS
Resolution #C-066-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2010-012 to 2010-016 inclusive;
2010-012 Being a by-law to amend Sign By-law 2009-123, as amended of
the Municipality of Clarington
2010-013 Being a by-law to establish, lay out and dedicate certain lands as
public highways in the Municipality of Clarington
2010-014 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2010-015 Being a by-law to amend By-law 2009-123 to regulate Election
Signs
2010-016 Being a By-law to exempt a certain portion of Registered Plan
40M-2048 from Part Lot Control
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
Deputy Mayor Novak chaired the remainder of the meeting.
NOTICE OF MOTION
Mayor Abernethy and Councillor Hooper gave notice that they will be introducing the
following motion at the next Council meeting:
“WHEREAS in 2008, Lakeridge Health Bowmanville approached the
Municipality of Clarington seeking $2 million for the Touching Lives Campaign,
WHEREAS Clarington Council denied the request as health care was and still
is considered a provincial responsibility, the cost of which should not be added
to property taxes,
WHEREAS the Bowmanville Memorial Foundation continues to raise funds for
their Touching Lives Campaign,
WHEREAS a pledge of financial support from the Municipality of Clarington
would be a much needed boost to the fundraising efforts of Bowmanville
Memorial Foundation,
Council Meeting Minutes - 18 - February 8, 2010
WHEREAS in the event that the Municipality of Clarington made a pledge of
financial support, such funds would be applied toward the following areas of the
Touching Lives Campaign: Mammography; Intensive Care Unit; Emergency
and Same Day Surgery/Endoscopy,
WHEREAS the Region of Durham has pledged $750,000 to the Touching Lives
Campaign,
WHEREAS Council deems it appropriate to follow the lead of the Region to
improve the health care facilities for our residents,
NOW THEREFORE BE IT RESOLVED
1. THAT The Municipality of Clarington’s Council pledges $500,000
towards the Touching Lives Campaign on the conditions that the said
fund be directed to the aforementioned areas of the Campaign, and
2. THAT the said fund be drawn from the $10 million Host Community
Reserve Fund for the Port Granby Project on the condition that the fund
can only be drawn upon the Government of Canada commences
construction of the new low level radioactive waste management facility
at Port Granby.”
OTHER INFORMATION
Councillor Robinson questioned whether the Municipal Solicitor had reviewed the Host
Community Agreement for the Energy-From-Waste Project. Mr. Hefferon confirmed
that he had reviewed the agreement last May and had provided comments to Mr. Wu.
He stated the resolution adopted by Council had authorized the Mayor and the
Municipal Clerk to sign the agreement, if he was satisfied with it. Mr. Wu sent a letter
to the Region requesting amendments to be made before the Agreement was
executed and he has not received a reply to this correspondence.
Mr. Wu confirmed that the comments he translated to the Region have been clarified
by the Region and that the Agreement will be forthcoming in next few days. He also
confirmed that there is no interrelationship between the Host Community Agreement
and the EA process.
Councillor Foster expressed disappointment that Council did not permit Rosemary
Yeremian, Chair, Ontario Nuclear New Build Council to appear as a delegation this
evening. He stated the Council’s plan is to get broad-based support to show how
important new build is to the Ontario economy and to have a presence at the
Canadian Nuclear Association Conference in Ottawa. Councillor Foster stated this is
a partnership with businesses that parallel Council’s goal and it was Ms. Yeremian’s
intension to request nominal funding for the Conference.
Council Meeting Minutes
-19-
February 8, 2010
Mayor Abernethy suggested that Fred Dean, Legal Counsel and facilitator with AMO
and AMCTO be invited to a future Council meeting to provide Members of Council
with the opportunity to have Mr. Dean respond to questions they may have concerning
Municipal Conflict of Interest.
CONFIRMING BY-LAW
Resolution #C-067-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2010-017, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 8th day of February 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-068-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 9:35 p.m.
"CARRIED"