HomeMy WebLinkAbout03/01/2010
Council Meeting Minutes
March 1, 2010
Minutes of a regular meeting of Council held on March 1, 2010 at 7:00 p.m., in the
Council Chambers.
Councillor Foster led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Deputy Fire Chief, M. Berney, attended until 8:34 p.m.
Director of Engineering Services, T. Cannella, attended
until 11:21 p.m.
Director of Community Services, J. Caruana, attended
until 11:21 p.m.
Manager of Communication and Marketing, J. Cooke, attended
until 8:34 p.m.
Solicitor, D. Hefferon
Deputy Fire Chief, B. Hesson, attended until 8:34 p.m.
Acting Director of Planning Services, F. Langmaid, attended
until 11:21 p.m.
Director of Corporate Services and Human Resources,
M. Marano, attended until 11:21 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 11:21 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended
until 11:21 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Foster indicated that he would be stating a pecuniary interest with respect
to Correspondence Item D - 7.
Mayor Abernethy indicated that he would be stating a pecuniary interest with respect
to Item #1(e) of Report #2 and delegation (g) of Richard Ward.
Council Meeting Minutes - 2 - March 1, 2010
ANNOUNCEMENTS
Mayor Abernethy announced the following:
?
The Ministry of the Environment Review of the Durham/York Residual Waste
Study Amended Environmental Assessment was released on Friday,
February 26, 2010. The Review and Notice of Completion are available for
public review at the Ministry of the Environment offices, the Regional Clerk’s
Departments the lower tier municipalities of both Durham and York Regions
and all public libraries in the Regions of Durham and York as well as on
www.ebr.gov.on.ca or the Durham/York Residual Waste Project site. Mayor
Abernethy referenced the conclusion of the study indicating that the Ministry is
satisfied that concerns have been addressed, the Ministry is satisfied with the
Regions’ proposed mitigation measures to ensure that any potential impacts
are appropriately managed and that potential environmental effects of the
proposed undertaking can be managed through the commitments made in the
amended EA and in response to the concerns raised during the EA process.
?
He, along with Councillor Woo, Franklin Wu and Jane Pascoe, attended The
Canadian Nuclear Association Annual Conference and Tradeshow in Ottawa
indicating the Association is celebrating 50 years as a world-wide leader in the
nuclear industry. Mayor Abernethy stated that the Municipality of Clarington
participated as a vendor, the first municipality ever to participate, and this
provided an opportunity to make it clear to suppliers that “Clarington is the
place to be” and to reinforce Clarington’s support of the nuclear industry.
?
Mayor Abernethy announced that this morning he, along with Councillors
Novak, Trim, Foster and Hooper attended a breakfast club sponsored by the
Greater Toronto Marketing Association with the Honourable Brad Duguid,
Minister of Energy and Infrastructure, as guest speaker where the Minister
indicated that the Province is very committed to the Clarington Nuclear New
Build project.
Councillor Trim concurred that there is sufficient optimism that the Province is ready
and willing to commence the Nuclear New Build Project and that there are a number
of people working both upfront and behind the scenes to ensure that Clarington is “the
place to be”.
Councillor Woo stated that he was pleased to attend the Canadian Nuclear
Association Conference this past week and felt the exhibit by Clarington was timely
and important adding that Clarington was the only host community to formally display
support for the nuclear industry. Councillor Woo felt it was important that
representatives from Clarington were in attendance to meet industry partners face-to-
face and to get the message out that Clarington is open for business and that Durham
Region is Ontario’s Energy Capital.
Council Meeting Minutes - 3 - March 1, 2010
Councillor Foster expressed appreciation to Sheila Hall and the Clarington Board of
Trade for their efforts regarding the Nuclear New Build at Darlington.
Councillor Foster announced that Shoeless Joe’s is now open in Courtice.
Councillor Novak announced that Clarington was specifically identified in Vantage
Magazine offering great insight into things happening. Councillor Novak paid tribute to
all Canadian Olympic athletes and to the young athletes in attendance at tonight’s
Council meeting.
Councillor Hooper announced the following:
?
He reiterated Councillor Trim’s comments regarding the Province’s willingness
to move forward on the Nuclear New Build Project indicating that the Province
wants to save money for Ontario taxpayers.
?
This past weekend Matt Morison from Burketon participated in the Olympic
Games and that he attended a very enjoyable Olympic event at the Enniskillen
Public School.
?
An Incinerator Information Session will be held at Faith United Church on
March 2, 2010 at 7:00 p.m.
Councillor Trim announced that last Tuesday at the Ontario Good Roads Convention,
Phil Broome, retired Clarington employee, received an award for 35 years of excellent
service.
Councillor Woo announced the following:
?
Staples office supply store at King Street and Liberty Street will open on
Saturday, March 6, 2010.
?
On Saturday, February 27, 2010, he, along with Councillor Foster and
Fred Horvath, attended a farewell for Richard Toms at the Visual Arts Centre.
Resolution #C-069-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the order of the Agenda be altered to allow Presentation (b) to occur prior to
Presentation (a).
“CARRIED”
Council Meeting Minutes - 4 - March 1, 2010
Resolution #C-070-10
Moved by Councillor Trim, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on February 8, 2010, be
approved.
“CARRIED”
PRESENTATIONS
Mayor Abernethy congratulated the Newcastle Novice Rep Team - Newcastle Stars,
winners of the International Invitational Silver Stick Hockey Championship and
presented congratulatory certificates to Thomas Loudfoot, Carter Watkins,
Conner Sayers, Conner Davies, Trent Yarrow, Ryan Chaffey, Austin Yates,
Max Stapleton, Tim Robinson, Jorden McCool, Tyler McGarvey, Jacob Cavers and
Luke Ladouceur, and to Coaching Staff Jay Summers, Roger Yates, Marc Ladouceur,
Jim Cavers and Tricia McCool. Tracey Yates, Coaching Staff was not in attendance
this evening.
Roger Anderson, Regional Chair, Region of Durham, addressed Council to provide his
Annual Regional Update including key achievements of 2009 and major tasks facing
the Region in 2010.
Mr. Anderson advised that despite the difficulties of the recession, 2009 was a very
productive year for Regional Council and provided an overview of the following
initiatives:
?
Renewal of the Durham Region Strategic Plan for 2009 to 2014, a framework
for identifying goals, balancing priorities, setting objectives and measuring
progress. The new Plan has an overarching focus on sustainability with
objectives under five broad themes – promoting a vibrant economy, protecting
the environment, balancing growth to enable sustainable communities,
promoting a safe, healthy, caring and inclusive community and enhancing
partnerships and continuing service excellence.
Mr. Anderson highlighted the following achievements and upcoming challenges in
relation to the five themes:
Promoting a Vibrant Economy
The decline in the auto sector jobs required efforts to transform and diversify
the economic base. Mr. Anderson reviewed achievements under this theme
including:
Council Meeting Minutes - 5 - March 1, 2010
?
Relocation and Expansion of Algoma Orchards resulting in a state-of-the
art, zero-waste juicing facility in Clarington and creating additional jobs in
Durham Region
?
The Art of Transition Conference hosted by the Durham Region
Economic and Tourism Department bringing together parties from
various sectors to focus on ways of transforming the Regional economy.
Feedback from participants was used to generate follow-up actions that
are outlined in the premier issue of “Transitions” magazine and on the
Region’s website
?
Durham Tourism e-newsletter has increased membership subscriptions
to 14,000 and 2010 will see increasing focus on arts and cultural
attractions
?
Initiation of the Goods Movement Study to optimize transportation assets
such as roads, rail, ports and airports to better support the agriculture,
energy and manufacturing sectors
?
The submission of a bid to the Province by the Durham Strategic Energy
Alliance to create a Research Innovation Centre in Durham to promote
research, commercialization efforts, investment and job growth
?
Receipt of unprecedented commitment of federal and provincial funding
for infrastructure and stimulus projects for road, water and waste water
rehabilitation, transit and social housing projects totaling approximately
$200 million creating jobs and long-term investment in community
infrastructure
?
The investment of $2.8 million for reconstruction of Regional Road 17
(Mill Street) from Highway 2 to Highway 401; $1 million for rehabilitation
of 3.2 kilometres of Regional Road 20 (Mosport Road) from Middle Road
to Liberty Street, replacement of Black Creek Bridge on Courtice Road,
a $3.2 million project and investment of $1.1 million in traffic control
systems and guiderails at 18 locations in Clarington
Mr. Anderson highlighted the proposed 2010 Regional Roads program and water and
wastewater projects:
?
Approximately $2 million for road rehabilitation on Regional Highway 2
and Regional Road 57
?
$260,000 for traffic control improvements at 5 locations in Clarington
?
$250,000 for preparatory work for the replacement of the Main Street
culvert at the Orono Creek
?
Expansion of the Port Darlington Water Pollution Control Plant
?
EA for the Courtice trunk sewer to connect new areas of Courtice and
west Bowmanville to the Courtice Water Pollution Control Plant
Council Meeting Minutes - 6 - March 1, 2010
Promoting and Sustaining the Environment
?
The Durham Region Roundtable on Climate Change met regularly and
produced a baseline study for tracking the progress of the community’s
Greenhouse Gas (GHG) reduction efforts and to develop an action plan
on food security as part of the broader community climate change action
plan
?
The Region continues to work with Conservation Authorities and Source
Protection Committees to protect drinking water sources and is among
one of the first municipalities in Ontario to receive its Municipal Drinking
Water License under the Safe Drinking Water Act
Balancing Growth and Establishing Sustainable Communities
?
Adoption of Official Plan Amendment 128 to align the Regional Official
Plan with the Provincial Growth Plan
?
Submission of the Environmental Assessment for the proposed Energy-
from-Waste Facility
?
Completion of a three-month Clear Bag Pilot Study to increase waste
diversion
?
Implementation of weekly blue box pickup and biweekly garbage
collection resulting in an 11% increase in waste diversion
?
Detailed planning for a sustainable community at Seaton including the
EA Regional water, wastewater, roads and transit services
?
Finalization of the Region’s long-term transit strategy, a key element of
the Region’s application for Federal Transit funding this spring
Safe, Healthy, Caring and Inclusive Community
nd
?
Durham Regional Police Service achieved the 2 highest case
clearance rate in Canada for a community of the Region’s size
?
Conducted largest Emergency Management Exercise in collaboration
with municipal partners
?
Issued more than $62 million in Ontario Works benefits
?
Repairs, retrofits and new units of affordable rental housing stock will be
undertaken as a result of receiving almost $30 million from the Federal
and Provincial levels of government
?
Formation of the Local Immigration and Diversity Partnership Council to
attract and retain the expertise and global connections of new
Canadians
?
Launch of a web-based portal to provide education and job information
about the Region in multiple languages
?
Accessible Customer Standards Training of more than 2800 Regional
Staff
?
Recognition of the Regional Social Services Department by the National
Quality Institute for continuous improvement in service to clients
Council Meeting Minutes - 7 - March 1, 2010
Mr. Anderson advised of the importance of partnerships, highlighting the Durham
Strategic Energy Alliance, the Local Immigration and Diversity Partnership, Council
Advisory Committees, social housing providers, community service organizations,
UOIT and Durham College as great examples of partnerships helping to identify
opportunities and to meet community needs. He further advised that the Central East
LHIN and both Hospital Boards are now providing regular updates to Regional Council
to improve communication and that a Regional staff member has been appointed to
the Lakeridge Health Board.
Mr. Anderson summarized by stating that the area municipalities are the Region’s
closest partners and that their collective actions and services are most effective when
well coordinated. He congratulated Regional Council on their hard work indicating
that the four-year term provided an opportunity for Council to start and finish some
major projects and that Durham Region is well-positioned for the future.
Mayor Abernethy highlighted the accomplishments of Klaas Schoenmaker and
presented him with a congratulatory certificate in recognition of his retirement from the
Orono Cemetery Board following twenty years of service and for the countless hours
he gave as an active volunteer in the community.
Mayor Abernethy acknowledged the accomplishments of Alf Alldread and presented
him with a congratulatory certificate in recognition of his retirement as a volunteer Fire
Fighter and District Fire Chief, Newcastle Fire Station, following 43 years of service to
the municipality.
Mariano Perini, Office of the Fire Marshal of Ontario, expressed personal
congratulations to Alf Alldread for his years of service as a Fire Fighter and District
Chief for Clarington Fire & Emergency Services and presented him with a
congratulatory letter on behalf of the Office of the Fire Marshal.
Chief Gord Weir, Clarington Emergency and Fire Services presented Alf Alldread with
a framed letter in recognition of his exemplary career spanning 43 ½ years of service
to the community.
Ron Foster, Auditor General, City of Oshawa, addressed Council concerning the role
of an Auditor General. Mr. Foster conducted a PowerPoint presentation providing
background information on the establishment of the City of Oshawa’s Auditor General
Position, reporting relationships, services provided, the Council-approved mandate,
the 2009 Audit Plan and performance measures. Mr. Foster indicated he performs
audits in the areas of compliance, financial, program or value-for-money, information
technology infrastructure, environment and sustainability and other audits as
appropriate. He noted the Auditor General’s position is independent of management
Council Meeting Minutes - 8 - March 1, 2010
and Council and he is required to meet the standards of the Institute of Internal
Auditors. Mr. Foster reviewed his work plan for 2009 and performance measures
including customer satisfaction, financial performance, operational excellence, value
added and skills maintenance. He confirmed that as a result of audits conducted, the
City of Oshawa has realized contributions to cost savings and revenues in the
amounts of $841,000, $608,000 and $1,003,000 for the years 2007, 2008 and 2009,
respectively.
Resolution #C-071-10
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Council recess for ten minutes.
“CARRIED”
The meeting resumed at 9:25 p.m.
DELEGATIONS
Greg Milosh advised prior to the meeting that he would not be addressing Council.
Linda Gasser addressed Council concerning Item 19 of Report #2 - Host Community
Agreement. Ms. Gasser read from a February 23, 2009, Clarington This Week article
in which Franklin Wu, Chief Administrative Officer, was quoted as saying "If I don't
agree with the solicitor's comments, I can certainly override his comments, and that's
what I did." Ms. Gasser questions the appropriateness of Mr. Wu’s actions concerning
the Host Community Agreement and expressed concern that four Members of Council
failed to ensure that a draft of the agreement would come back to Council prior to
execution. Ms. Gasser stated the Ministry of the Environment review did not consider
public comments on the Amended Environmental Assessment. She also expressed
concern that although Clarington residents requested that a Public Information
Session be held it did not occur and that a proactive Council would have ensured that
there was a commitment to developing a community health baseline and to
undertaking monitoring for the full life of the incinerator and decommissioning and
would have placed human health as a priority. Ms. Gasser requested that the Host
Community Agreement be posted to the municipality’s website and again stated that
Council did not have full information prior to signing the Agreement.
Louis Bertrand addressed Council concerning Item 19 of Report #2 - Host Community
Agreement. Mr. Bertrand expressed concern that Council did not have all the facts
before signing the Host Community Agreement and that the Agreement was executed
without input from the Municipal Solicitor. Mr. Bertrand urged Council to support Item
#19 of Report #2 and to obtain a report from the Solicitor to determine if there are any
problems with the Agreement and to reassure the public if there are no problems.
Council Meeting Minutes - 9 - March 1, 2010
Terry Dorgan, IBEW Local 894 and Rosemary Yeremian, President, Strategic Insights
Inc. addressed Council concerning Correspondence Item I – 19 - Support for Local
Investment in Nuclear Power. Ms. Yeremian stated that she is representing the
Ontario Nuclear New Build Council, a non-political Council that was formed as a result
of local businesses and associations banding together specifically to push for Nuclear
New Build. She stated there are a number of potential threats to the project and that
there is a real need for their organization to make the economic case for New Build.
Ms. Yeremian stated their collective partnership will create a focus to move forward on
New Build, and will educate the public, noting the project will promote job creation in
the construction and nuclear industries with major economic benefits to both
Clarington and the Region of Durham. She stated they are coordinating their
message with the Organization of CANDU Industries and have also received funding
from the University of Ontario Institute of Technology (UOIT) and local trade unions.
Ms. Yeremian urged Council to consider providing funding to their Council to allow the
Council to continue their push for nuclear new build sooner rather than later.
Richard Ward addressed Council concerning Item 1 of Business Arising from Notice of
Motion - Integrity Commissioner. Mr. Ward indicated that he has filed complaints for
many years and that he still does not receive responses to these issues to his
satisfaction. He does not feel that an Integrity Commissioner is the answer and that a
person either has integrity or he or she does not.
Mayor Abernethy stated a pecuniary interest with respect to the delegation of
Richard Ward as one of the individuals who brought the complaint forward against the
individual at the centre of the Compliance Audit was a member of his 2006 Election
Campaign, and he competed for the position he now holds with the individual who is
at the centre of the Compliance Audit. Mayor Abernethy vacated the Chair and
refrained from discussion and voting on this matter.
Deputy Mayor Novak chaired this portion of the meeting.
Richard Ward addressed Council concerning Item 1(e) of Report #2 - Report
CLD 006-10 - Compliance Audit Costs. Mr. Ward indicated that the audit confirms the
substance and basis of the contraventions in law and that Council is breaching the
public trust in determining that no action be taken.
Mayor Abernethy resumed the chair.
Doug Lindeblom, Director of Economic Development and Tourism for the Region of
Durham addressed Council concerning Item I - 9 - Support for Local Investment in
Nuclear Power. Mr. Lindeblom stated he also serves on the Board of Directors for the
Durham Strategic Energy Alliance (DSEA) and that his Department works closely with
Sheila Hall and the Clarington Board of Trade. Mr. Lindeblom stressed the
importance of partnerships and expressed appreciation for Clarington’s attendance at
Council Meeting Minutes - 10 - March 1, 2010
the Canadian Nuclear Association Conference (CAN) in Ottawa. He stated the
industry recognizes the efforts of Council, the Board of Trade and the Region’s
Economic Development Department regarding nuclear refurbishment and New Build
and that there has been a great deal of effort over the years in working with the
Province and the Federal Government towards a positive announcement in Durham.
He confirmed that efforts to date will continue to rely on strong community
partnerships between the Board of Trade and that some key members of the Ontario
Nuclear New Build Council are also members of DSEA.
COMMUNICATIONS
Correspondence Items I - 23, I - 24 and I - 25 were received as hand outs.
Resolution #C-072-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the communications to be received for information, including Hand-Out Items
I - 23, I - 24 and I - 25, be approved, with the exception of Items I - 10, I - 11, I - 14,
I - 18 and I - 20.
“CARRIED”
I - 1 Minutes of the Clarington Compost Facility Community Relations
Committee dated October 8, 2009
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated
February 11, 2010
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated February 16, 2010
I - 4 Minutes of the Central Lake Ontario Conservation Authority dated
February 17, 2010
I - 5 Minutes of the Clarington Traffic Management Advisory Committee
dated January 21, 2010
I - 6 François Maranda, Assistant Chief Statistician, Informatics &
Methodology Field, Statistics Canada, responding to P. M. Madill,
Regional Clerk, Region of Durham, regarding Statistics Canada’s use
of the Ontario Road Network data for the 2011 Census, advising that
due to limited time and resources available prior to the 2011 Census,
Statistics Canada have had to prioritize areas for convergence and
Council Meeting Minutes - 11 - March 1, 2010
have included six areas only in Ontario in the project for the 2011
Census; indicating that they are not in a position to include the
Regional Municipality of Durham in the convergence project for the
2011 Census; and, encouraging the Region to update the Ontario
Road Network as they will be using the updates to improve Statistics
Canada’s road network both before and after the 2011 Census.
I - 7 Greg Ashbee, P.Eng, Manager, Infrastructure Expansion Planning,
Metrolinx, forwarding a Notice of Study Commencement and Public
Information Centre for the construction of a bus maintenance and
storage facility in the City of Oshawa; indicating that the Public
Information Centre will be held on February 17, 2010 from 5:00 p.m.
to 8:00 p.m. at the CAW Union Hall at 1425 Phillip Murray Avenue in
Oshawa; and, enclosing the Project Overview highlighting the
purpose, justification, work to be done and the Class Environmental
Assessment Process.
I - 8 Linda Gasser forwarding a copy of her February 3, 2010, delegation
to the Durham Works Committee regarding Regional Report 2010
WR-1 – EFW EA Update expressing concern that incorrect
information was provided in the staff report that should have been
corrected before the report was finalized; suggesting that Regional
Council should investigate the reasoning behind the major
amendment to the EA seeking approval for a 140,000 tpy facility;
questioning the amount of money wasted in attempting to justify a
400,000 tpy incinerator; and, urging Regional Works Committee
members to ask pointed questions to get useful answers and to
provide clear direction to staff to obtain much needed information and
a clear understanding of the issues. Attached to Ms. Gasser’s
correspondence is correspondence from Kevin French, Assistant
Deputy Minister, Operations Division, Ministry of the Environment,
clarifying that it is the responsibility of the proponent to respond to all
comments and questions received during the initial public inspection
of the EA and to provide the Ministry with a summary of those
comments and requesting that the minutes of the November 17, 2009
joint meeting of the Region’s Finance and Administration and Works
Committee be corrected accordingly.
I - 9 Scott Crawford, Acting Mayor, Town of Ajax, writing to the Canadian
Red Cross, advising that on February 8, 2010, Ajax Town Council
adopted the following resolution pertaining to a Donation for Haiti
Earthquake Relief:
“WHEREAS the country of Haiti experienced a devastating
earthquake on January 12, 2010, resulting in the deaths of over
200,000 people; and
Council Meeting Minutes - 12 - March 1, 2010
WHEREAS the survivors are experiencing immense suffering and
face an enormous challenge in rebuilding their lives and communities;
and,
WHEREAS individuals, businesses, organizations, agencies and
governments around the world are responding to provide assistance;
NOW THEREFORE BE IT RESOLVED THAT the Town of Ajax
contribute $6,000 on behalf of all citizens of Ajax to the Canadian Red
Cross Haiti Earthquake Relief Fund.”
I - 12 J. R. Powell, Chief Administrative Officer, Central Lake Ontario
Conservation Authority (CLOCA) forwarding correspondence from
Jerry Ouellette, MPP, Durham, requesting the Chair of CLOCA to
provide feedback and comments concerning legislation, regulations
and organizational responsibilities of Conservation Authorities and
forwarding a copy of correspondence from Dick Hibma, Chair,
Conservation Ontario, providing a response to Mr. Ouellette’s
request. In his response, Mr. Hibma outlined the mandate of
Conservation Authorities in establishing and undertaking programs
designed to further the conservation, restoration, development and
management of natural resources other than gas, oil, coal and
minerals and acknowledged the challenge of balancing the public
interest with individual interests; advising that the Ministry of Natural
Resources recently posted a draft of the proposed “Policies and
Procedures for Conservation Authority Plan Review and Permitting
Activities” developed in response to criticism by the development
industry that Conservation Authorities were extending their influence
beyond their mandate and advising that if approved, the policy will
provide necessary guidance, rationale and timelines to improve the
parties understanding of roles and the process and improve
transparency and accountability; and, advising that Conservation
Authorities are open to dialogue with the Province, municipalities and
other stakeholders which would improve the effectiveness and
efficiency of watershed and natural resources management.
I - 13 R. A. (Bob) Fowler, Land Use Council, forwarding information from
the Peel Federation of Agriculture and the Township of South
Stormont, pointing out a need for review of the role and function of
Conservation Authorities in Ontario; indicating that the Land Use
Council believes such an assessment will help to heal a growing
disconnect between district Conservation Authorities and the
communities they serve; and, requesting Council’s support for an
impartial public review of Conservation Authorities in Ontario.
Council Meeting Minutes - 13 - March 1, 2010
I - 15 John R. O’Toole, MPP, Durham, forwarding a copy of
correspondence from the Honourable Brad Duguid, Minister of
Energy and Infrastructure, advising that Mr. O’Toole’s letter providing
information about the Municipality of Clarington’s resolution regarding
the disposition of surplus school sites was forwarded to him by the
former Minister of Municipal Affairs, Jim Watson; indicating that
Ontario Regulation 444/98 (Disposal of Surplus Real Property) falls
under the jurisdiction of the Ministry of Education and that he has
forwarded a copy of Mr. O’Toole’s correspondence to Minister
Dombrowsky. Mr. O’Toole advises that he will inform Council, should
he receive a further reply from the Ministry of Education.
I - 16 PITCH-IN Ontario, extending appreciation to all PITCH-IN ONTARIO
Municipal Participants for 2009; forwarding information on the costs
and benefits of being a patron of Pitch-In; advising that PITCH-IN
ONTARIO provides volunteers with materials, ideas, and incentives to
undertake the challenging task of cleaning and beautifying the
community for free and that patron fees are population-based; and,
forwarding a patron application form.
I - 17 John Bolognone, Acting City Clerk, City of Kingston, advising Council
that on February 2, 2010, the City of Kingston adopted the following
resolution pertaining to debt forgiveness to the nation of Haiti:
“WHEREAS the impoverished island nation of Haiti has recently been
completely devastated by an Earthquake; and,
WHEREAS the Federal Government has agreed to match funds
raised by citizens; and,
WHEREAS it is the call to duty of all citizens and nations to rally to
support our fellow human beings in need after a calamity of this
magnitude;
THEREFORE BE IT RESOLVED THAT the City of Kingston
encourage all citizens to donate to recognized charitable and
humanitarian organizations rushing to help in relief efforts to Haiti;
AND FURTHER THAT due to the immense rebuilding and concerted
effort that will be required to do so successfully, that the City of
Kingston encourages the Federal Government to support the growing
initiative to provide complete debt forgiveness to the nation of Haiti in
order that all funds can be used towards rebuilding the nation of Haiti
in this their greatest hour of need;
Council Meeting Minutes - 14 - March 1, 2010
AND FURTHER THAT this resolution be passed along to the Premier
of Ontario, Dalton McGuinty, the Prime Minister of Canada, Stephen
Harper, our MPP, John Gerretsen, our MP, Peter Milliken, Leaders of
the Opposition both Federally and Provincially, and all municipalities
with populations over 50,000.”
I - 19 Ben Chin, Vice President, Communications, Ontario Power Authority
(OPA), writing to Sheila Hall, Executive Director, Clarington Board of
Trade, responding to Ms. Hall’s correspondence advocating support
for local investment in nuclear power; acknowledging OPA’s position
in recognizing the value of nuclear power for generating the baseload
electricity the Province needs and their view of nuclear generation as
an important part of the overall portfolio of electricity resources for
Ontario; indicating it is inconsistent with their mandate to explicitly
advocate on behalf of a particular installation or to promote expedited
decisions on the (re)building of Ontario’s nuclear fleet; advising they
are confident that the government will proceed in a prudent and
diligent manner to address the many complex issues and seek the
best possible value on behalf of Ontario’s ratepayers and taxpayers;
and hoping that the Clarington Board of Trade will demonstrate an
equally passionate interest in seizing the economic opportunity
presented by Ontario’s new Feed-in Tariff (FIT and microFIT)
program for its membership within its represented communities.
I - 21 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. Hubert
Schillings, Chair, Durham Agricultural Advisory Committee, advising
that on February 17, 2010, Regional Council adopted the following
resolution pertaining to Durham Agricultural Advisory Committee
(DAAC) 2009 Annual Report and 2010 Workplan:
“a) THAT Report #2010 P-7 of the Commissioner of Planning be
received as the Durham Agricultural Advisory Committee’s
annual report on its activities in 2009;
b) THAT the Terms of Reference for the Durham Agricultural
Advisory Committee be revised, as outlined in Attachment 1 to
Report #2010-P-7;
c) THAT the 2010 Durham Agricultural Advisory Committee
Workplan, outlined in Attachment 2 to Report #2010-P-7, be
approved; and
d) THAT a copy of Report #2010-P-7 be forwarded to the Durham
Agricultural Advisory Committee, the Durham Federation of
Agriculture, the GTA Agricultural Action Committee, and the Area
Municipalities.”
Council Meeting Minutes - 15 - March 1, 2010
I - 22 P. M. Madill, Regional Clerk, Region of Durham, writing to Mr. David
Middleton, Chair, Durham Environmental Advisory Committee,
advising that on February 17, 2010, Regional Council adopted the
following resolution pertaining to Durham Environmental Advisory
Committee (DEAC) 2009 Annual Report and 2010 Workplan:
“a) THAT Report #2010 P-8 of the Commissioner of Planning be
received as the Durham Environmental Advisory Committee’s
annual report on its activities in 2009;
b) THAT the Terms of Reference for the Durham Environmental
Advisory Committee be revised, as outlined in Attachment 1 to
Report #2010-P-8;
c) THAT the 2010 Durham Environmental Advisory Committee
Workplan, outlined in Attachment 2 to Report #2010-P-8, be
approved; and
d) THAT a copy of Report #2010-P-8 be forwarded to the Durham
Environmental Advisory Committee and the Area Municipalities.”
I - 23 Linda Gasser writing to Durham Regional Councillors advising that a
draft Host Community Agreement (HCA) regarding the Energy-From-
Waste project was not presented to Clarington Council for review
prior to the Agreement being executed and that there was no public
consultation with Clarington residents as to what should be
considered in the Agreement; expressing concern that Clarington’s
Chief Administrative Officer may have opted to override comments
from the Municipal Solicitor, questioning why the HCA was signed in
advance of the decision on the Environmental Assessment and prior
to knowing what conditions of EA approval might be imposed; and,
urging Regional Councillors to request a status update on current
negotiations regarding a long-term contract with Covanta and to
provide clear direction to staff to ensure that a draft contract with
Covanta is reviewed by Council prior to execution.
I - 24 The Honourable David C. Onley, Lieutenant Governor of Ontario,
extending an invitation to Council to consider nominating an
exceptional individual for the Order of Ontario, Ontario’s highest
honour, recognizing individuals for their extraordinary achievements
that have had an impact on their local community, province, country
and beyond. The deadline for nominations is March 16, 2010.
I - 25 Darlene Bastianelli, Memorial Hospital Foundation, thanking Council
for the proposed motion to invest $500,000 in the Memorial Hospital
Foundation fund raising initiatives.
Council Meeting Minutes - 16 - March 1, 2010
I - 10 Natalie Rouskov, Project Engineer, Ministry of Transportation, (MTO)
forwarding a Notice of Detail Design Study for the construction of a
new commuter parking lot facility at the northeast quadrant of the
Highway 35/115 and Highway 2 interchange to accommodate
approximately 150 vehicles and to serve as a transit facility with
integrated GO Transit Bus service. Comments are being collected to
assist MTO in meeting the requirements of the Environmental
Assessment Act and are to be submitted by March 15, 2010.
Resolution #C-073-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item I - 10 from Natalie Rouskov, Project Engineer,
Ministry of Transportation, (MTO), with respect to the Highway 35/115 and
Highway 2 Commuter Parking Lot Facility, be received for information.
“CARRIED”
I - 11 Ann McGuey expressing concern that taxpayers are required to pay
$25 to cover the cost of making required changes to the tax roll and a
$60 fee is charged to receive a photocopy regarding tax arrears when
these are record-keeping functions required to keep the municipality
current and to enable the tax bills to be sent out correctly and are
already funded through the revenue collected through property taxes.
Resolution #C-074-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item I – 11 from Ann McGuey, with respect to
administration fees, be referred to the Director of Finance/Treasurer.
“CARRIED”
I - 14 Jerry Ouellette, MPP, Oshawa, acknowledging Conservation
Authorities as an integral part of the successful management of
watershed-based natural resources; advising of the importance of
consulting with the public and gathering expertise from various
organizations and professionals to achieve a balance of the
ecological and social impacts that reflect the concerns of all resource
users; and, requesting Council’s comments concerning legislation,
regulations and the organizational responsibilities of the Conservation
Authorities, in order to ensure that the legislation and regulations
governing conservation authorities is the most up-to-date, streamlined
and practicable as possible.
Council Meeting Minutes - 17 - March 1, 2010
Resolution #C-075-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item I – 14 from Jerry Ouellette, MPP, Oshawa, with
respect to legislation and regulations governing Conservation Authorities, be
received for information.
“CARRIED”
I - 18 Sheila Hall, Executive Director, Economic Development Officer,
Clarington Board of Trade/Office of Economic Development, writing to
Mr. William Short, Clerk of the Committee, forwarding pre-budget
comments indicating that the Federal and Provincial governments
have done a great deal of work in supporting the road infrastructure
program, and that community and “shovel ready” project support has
been a great asset to communities in creating short term employment
opportunities; stating it is essential that a long term and self
sustaining approach also be considered; and, recommending that
programs be developed to support the servicing of employment lands
in communities which will provide opportunities for development and
long term jobs, create development revenue and a continued tax
stream to allow communities to generate revenue to independently
manage infrastructure maintenance.
Resolution #C-076-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Correspondence Item I - 18 from Sheila Hall, Executive Director,
Economic Development Officer, Clarington Board of Trade/Office of Economic
Development, with respect to Provincial financial support for servicing of
employment lands, be received for information.
“CARRIED”
I - 20 Ric McGee, Mayor, City of Kawartha Lakes, writing to the Honourable
Dalton McGuinty, Premier of Ontario, endorsing the choice of
Darlington Nuclear Generating Plant as the host operator for two new
nuclear reactors; reiterating the City of Kawartha Lakes’ support for
Premier McGuinty’s leadership on this important matter; and, urging
the government to keep the momentum going for these investment
interests to flourish, help Ontario’s economy blossom in these hard
times and provide high quality jobs.
Council Meeting Minutes - 18 - March 1, 2010
Resolution #C-077-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 20 from Ric McGee, Mayor, City of Kawartha
Lakes, with respect to support for Nuclear New Build at Darlington Generating
Station, be endorsed; and
THAT a letter of appreciation be forwarded Mayor Ric McGee thanking the City
of Kawartha Lakes for endorsing Nuclear New Build at Darlington Generating
Station.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 14 and D - 15 were received as hand outs.
Councillor Foster stated a pecuniary interest with respect to Correspondence
Item D - 7 as he has a business relationship with one of the principals of Collis and
Reed Research and refrained from voting on the correspondence.
Resolution #C-078-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 8 and Hand-Out Items D - 14 and D - 15, be
approved as per the agenda.
“CARRIED”
D - 1 Keith Isnor, Chair, Clarington Museums and Archives Board,
requesting a transfer of $3,000 from the Sturch Estate in the
Bowmanville Museum Reserve Funds to the Clarington Museums
and Archives, which was approved as part of the budget process, in
order to close the Museum’s 2009 accounting books.
(Transfer of $3,000 from the Sturch
Estate in the Bowmanville Museum
Reserve Funds to the Clarington
Museums and Archives Board
approved)
Council Meeting Minutes - 19 - March 1, 2010
D - 2 Matt Ellis, expressing concern relating to pedestrian safety and vehicular
traffic on Port of Newcastle Drive and forwarding a petition of area
residents in support of the installation of a four-way stop at the
intersection of Port of Newcastle Drive and Stillwell Lane. The
correspondence indicates that residents are looking at this petition as a
starting point and are welcoming the prospect of visiting additional
problem areas and opportunities for improvement in the future.
Additional correspondence was also received from Mr. Ellis clarifying that
while speeding is of concern, the main issue is with the lack of safe
crossings on Port of Newcastle Drive and questioned why the
convenience factor for those driving outweighs the safety factor for those
who are walking.
(Correspondence and petition referred to
the Director of Engineering Services)
D - 3 J. Black, Secretary, Newcastle Downtown BIA requesting Council to
provide $3,937.50 from the West End Development Funding for the
purpose of hydro expenses relating to banner and wreaths for the BIA.
(Funding in the amount of $3,937.50 from
the Newcastle Downtown BIA Reserve
Fund approved)
D - 4 Garth Gilpin, Secretary-Treasurer and General Manager, Bowmanville
Business Centre, requesting approval for the closure of King Street from
Scugog Road to George Street, Temperance Street from Church Street
to the hole in the wall, and Division Street from the municipal parking lot
entrance to the Royal Bank parking lot for the following 2010 events:
Maple Festival and Friday, April 30, at 8:00 p.m.
All That Jazz (Temperance Street from King
Street to Church Street) and as
above from 9:00 p.m. until Saturday, May
1, at 7:30 p.m.
Fabulous Fifties Festival Friday, June 18 (Temperance
Street from King Street to Church Street
from 4:00 p.m. until
11:00 p.m.) and as above on
Saturday, June 19 from 5:00 a.m.
until 8:00 p.m.
August Moonlight Madness Friday, August 13, from 5:00 p.m.
until August 14 at 12:30 a.m.,
as above
Council Meeting Minutes - 20 - March 1, 2010
Apple Festival and Craft Sale Friday, October 15 (Temperance
Street from King Street to the hole
in the wall at 7:00 p.m.,
Temperance Street from King
Street to Church Street at
8:00 p.m.) and as above from
9:00 p.m. until Saturday, October 16 at
8:00 p.m.
Christmas Moonlight Magic Friday, December 3 (Temperance Street
from King Street to Church Street at 4:30
p.m.) and as above
from 5:30 p.m. until 11:30 p.m.;
requesting permission to close the 20 King Street East parking
rd
lot from 7:00 a.m. until 3:00 p.m. on April 3 to facilitate the Easter
Egg Hunt and Lion’s Club Easter Brunch;
requesting permission to close King Street from Scugog Road to George
Street, Temperance Street from Church Street to the hole in the wall,
and Division Street from the municipal parking lot entrance to the Royal
th
Bank Parking Lot on Saturday, June 5 from 7:00 a.m. until 3:00 p.m. for
the “Motorcycle Ride for Our Heroes”, a new event for 2010; and,
requesting that free transit service be arranged in Bowmanville from
8:00 a.m. until 5:00 p.m. during the Apple Festival and Craft Sale on
th
October 16.
(Road closures approved provided
organizers apply for and obtain a road
occupancy permit from the Engineering
Services Department)
D - 5 Dr. Eric Hoskins, Minister of Citizenship and Immigration, advising
that nominations for the Newcomer Champion Awards, a program
recognizing outstanding individuals or groups who contribute to the
understanding and sharing of Ontario’s cultural diversity and provide
welcoming communities for the benefit of newcomers, are being
accepted until March 15, 2010. Nomination forms and information
on the awards is available on the Ministry’s website at
www.ontario.ca/honoursandawards.
(Correspondence referred to the
Municipal Clerk to place information
on the municipal website)
Council Meeting Minutes - 21 - March 1, 2010
D - 6 Residents of Rowe Street and North Station Street, Orono,
requesting that the gate to the Orono Fair Grounds be closed at the
Rowe Street entrance to address safety issues of vehicles travelling
at high rates of speed on Rowe Street; acknowledging that the gate
will need to be open during certain times of the year, i.e. the fair in
September; and, questioning why Rowe Street is open year-round
when there is a “No Exit” sign posted that would indicate that Rowe
Street is not a through road.
(Correspondence referred to the
Director of Engineering Services)
D - 7 Garth Gilpin, Secretary-Treasurer, Board of Management, Historic
Downtown Bowmanville Business Centre, forwarding a copy of the
proposal by Collis and Reed Research to assess customer shopping
in downtown Bowmanville; and, requesting $6,000, plus applicable
taxes, held by the municipality in escrow, for the Postal Code Survey
and Downtown Festival Survey.
(Approval of transfer of $6,000, plus
applicable taxes, from the
Bowmanville BIA Reserve Fund)
D - 8 Mayor Michael Harding, City of Woodstock, providing details of the
“Power Pledge Community Challenge” Campaign to be launched
during Earth Week, 2010, with challenge day to take place on
th
Wednesday, August 11; highlighting the concept of the campaign –
families committing to be energy smarter by pledging to take action;
advising of two award categories – Participation Category and
Megawatt Reduction Category; and, indicating that participants will
be eligible to win $10,000 to be put toward a renewable energy
project of their choice. Further details regarding the event will be
forthcoming.
(Correspondence referred to the
Clarington Living Green Community
Advisory Committee)
D - 14 Grant Algar requesting an extension until July 30, 2010, to Building
Permit No. 08.0509 for 4327 Fices Road, due to reliability of various
trades.
(THAT Grant Alger be granted an
extension to July 30, 2010, for the
use of temporary living quarters at
4327 Fices Road, subject to signing a
further letter of undertaking)
Council Meeting Minutes - 22 - March 1, 2010
D - 15 Andrew Massey, Secretary, Mosport International Karting
Association, requesting that the following roads be closed Friday,
June 4, 2010 at 7:00 p.m. until Sunday, June 6, 2010 at 7:00 p.m.:
Uptown Avenue, Clarington Blvd (north of Uptown) and Stevens
Road (east of Clarington Blvd and west of Regional Road 57). The
municipal lot on the northeast corner of Uptown Ave and Clarington
Blvd is requested to be used as well.
(Approved, provided that the
organization applies for and obtains a
Road Occupancy Permit from the
Engineering Services Department)
D - 9 Valentine Lovekin, Solicitor on behalf of Newcastle Recycling Ltd.,
William Hale and James Hale, requesting to meet with Franklin Wu,
Chief Administrative Officer to discuss settlement opportunities
regarding litigation pending before the Court of Appeal.
Resolution #C-079-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the request from Valentine Lovekin, Solicitor on behalf of Newcastle
Recycling Ltd., William Hale and James Hale, to meet with Franklin Wu, Chief
Administrative Officer be endorsed.
(See Following Motion)
Resolution #C-080-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item D - 9 from Valentine Lovekin, Solicitor on behalf of
Newcastle Recycling Ltd., William Hale and James Hale, be referred to the end
of the agenda to be considered during a “closed” session of Council.
“CARRIED”
Council Meeting Minutes - 23 - March 1, 2010
D - 10 Kerry Meydam forwarding a copy of the Town of Oakville’s staff
report and new Health Protection Air Quality By-law regulating fine
particulate matter; indicating that Municipalities are authorized under
the Municipal Act, 2001 to pass legislation identifying public
nuisances and to protect the health, safety and well-being of its
citizens as long as it does not conflict with Provincial legislation;
advising that as neither the Province nor the Federal Government
have yet to regulate PM2.5, the Region or the Municipality has the
right to create their own solution; and, requesting that Council
consider implementing a by-law in Clarington specifically targeting
PM2.5. Ms. Meydam also expresses concern that Courtice has the
highest NO2 levels when compared to Windsor, Sarnia, Oakville
Hamilton and Toronto and that this is only one example of hidden
information in Appendices that was never included in any of the
Consultant’s presentations to Council or Committee prior to the
approval of the incinerator and EA studies.
Resolution #C-081-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item D – 10 from Kerry Meydam, with respect to an Air
Quality By-law, be received for information.
“MOTION LOST”
Resolution #C-082-10
Moved by Councillor Trim, seconded by Councillor Foster
THAT Correspondence Item D - 10 from Kerry Meydam, with respect to an Air
Quality By-law, be referred to staff for a report back within a reasonable
timeframe.
“CARRIED”
D - 11 Holly Abraham, Chairman, Sport Alliance of Ontario, advising that
sportalliance is currently seeking bid submissions for the 2012
Ontario Winter Games; forwarding a copy of the Ontario Games Bid
Guidelines and encouraging the municipality to be a part of the 2012
Ontario Winter Games; and, indicating that sportalliance staff are
available to assist with any questions regarding the bid process.
Council Meeting Minutes - 24 - March 1, 2010
Resolution #C-083-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item D – 11 from Holly Abraham, Chairman, Sport
Alliance of Ontario, with respect to Ontario Games Program, be received for
information.
“CARRIED”
D - 12 Ken Willis, Secretary, Newcastle/Bond Head Ratepayers’
Association, requesting a by-law be adopted to prohibit feeding
geese at Bond Head Beach and that a sign be posted at the beach
to discourage the feeding; expressing concern that a facility for the
disposal of household hazardous waste has been postponed and
that there are no plans in the near future for a disposal site; and,
requesting a meeting with staff to discuss additional tree planting on
Mill Street.
Resolution #C-084-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D – 12 from Ken Willis, Secretary, Newcastle/Bond
Head Ratepayers’ Association, with respect to feeding of geese at Bond Head
Beach, Household Hazardous Waste Facility and additional tree planting, be
referred to staff for a report.
“CARRIED”
D - 13 Shirley Plaunt, Deputy Clerk, Town of Gravenhurst, advising Council
that on February 2, 2010, the Town of Gravenhurst adopted the
following resolution pertaining to the Ombudsman Act:
“WHEREAS the Ombudsman is the “citizen representative” and the
Office of the Ombudsman is responsible for responding to complaints
affecting government organizations save and except hospitals, long-
term care facilities and children’s aid societies;
AND WHEREAS the Office of the Ombudsman has been advocating
since 1975 to include hospitals, under the jurisdiction of the
Ombudsman, but to date, Ontario remains the only Province in
Canada who’s Ombudsman has no jurisdiction over hospitals and
long-term care facilities;
AND WHEREAS hospitals spend more than $20 billion in public
money every year in Ontario;
Council Meeting Minutes - 25 - March 1, 2010
AND WHEREAS whether overseeing the police, the military or the
Provincial government, Mr. Marin has stated one of the beliefs that’s
closest to his heart is that these bodies don’t exist for their own ends.
They exist to serve the public. The public also has great expectations
of the checks and balances that exist to keep the system functioning
as it should;
AND WHEREAS the historical reason for not including hospitals
under the Ombudsman Act is extremely weak and is based on the
fact they do not fall under the definition because they have their own
elected boards;
AND WHEREAS a municipal “board of directors” is directly elected by
the public and the hospital board is not;
AND WHEREAS the Office of the Ombudsman is quoted as saying
“Ontario is the only province in Canada whose Ombudsman does not
have a mandate to oversee hospitals. Despite this, the
Ombudsman’s Office receives many serious complaints about
hospitals every year that cannot be investigated. A total of 276
complaints about hospitals were received in fiscal 2007-2008”;
AND WHEREAS the time has come for the Government of Ontario to
include hospitals under the jurisdiction of the Ombudsman Act to
ensure a high level of health care, fiscal responsibility, accountability,
openness and transparency;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Town of Gravenhurst hereby petitions the Premier of Ontario to take
the necessary steps in a timely manner to amend the Ombudsman
Act to include hospitals under the jurisdiction of the Ombudsman;
AND FURTHER THAT in the event the Premier responds negatively,
the Council of the Town of Gravenhurst respectfully requests and
expects a full and complete explanation as to why the Province will
not amend the Act as requested;
AND FURTHER THAT this resolution be circulated to all
municipalities in the Province of Ontario for support;
AND THAT the appropriate persons be so notified of this action;
AND THAT the Premier of Ontario, Minister of Health and Long-Term
Care, Speaker of the Ontario Legislature, District of Muskoka MPPs,
Ontario’s Ombudsman, Chief Medical Officer of Health, alPHa, and all
Ontario boards of health and municipalities be so advised.”
Council Meeting Minutes - 26 - March 1, 2010
Resolution #C-085-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution from the Town of Gravenhurst, with respect to the
Ombudsman Act, be endorsed.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report February 19,
2010.
Resolution #C-086-10
Moved by Councillor Woo, seconded by Councillor Trim
THAT the General Purpose and Administration Committee Report of February 19,
2010 be approved, subject to Item #1 (a) being corrected to read ‘FND-005-10 –
2011 to 2014 Operating and Capital Forecast’, with the exception of Item #2.
“CARRIED”
Item 2
Resolution #C-087-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Item #2 of Report #1 – Report CAO-002-10 – Change in Legal Services – 2010
Budget, be tabled for six weeks.
“MOTION LOST”
Resolution #C-088-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report CAO-002-10 be received;
THAT the Chief Administrative Officer be authorized to implement in-house legal
service in 2010 and to phase out the current legal service arrangement with Mr.
Dennis Hefferon;
THAT the Corporate Organization structure be amended to have Mr. Hefferon and the
future staff solicitor report to the Chief Administrative Officer;
Council Meeting Minutes - 27 - March 1, 2010
THAT the costs related to the establishment of an in-house Legal Department be
reallocated from various departmental legal accounts, and the projected saving of
$150,000 be included in the 2010 budget; and
THAT Mr. Hefferon be advised of Council’s decision.
“CARRIED”
Report #2 - General Purpose and Administration Committee Report February 22,
2010.
Resolution #C-089-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT the General Purpose and Administration Committee Report of February 22,
2010 be approved, with the exception of Items #1(e), #11, and #19.
“CARRIED”
Item 19
Resolution #C-090-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the Municipal Solicitor report to Council regarding the Host Community
Agreement for the Energy from Waste Project and whether there are any legal
concerns.
“MOTION LOST LATER IN THE
MEETING”
Resolution #C-091-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the meeting be extended until 11:30 p.m. in order to complete the agenda.
“CARRIED”
Council Meeting Minutes - 28 - March 1, 2010
The foregoing Resolution #C-090-10 was then put to a vote and LOST ON THE
FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
Item 11
Resolution #C-092-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Item 11 of Report #2 – Report CLD-005-10 – Ballot Question, RE: Election of
Regional Chair be tabled until the next Council Meeting
“CARRIED”
Deputy Mayor Novak chaired this portion of the meeting.
Mayor Abernethy stated a pecuniary interest with respect to Item 1(e) of Report #2 –
Delegation of Mr. Richard Ward, Report CLD-006-10 – Compliance Audit Costs, as
one of the individuals who brought the complaint forward against the individual at the
centre of the Compliance Audit was a member of his 2006 Election Campaign, and he
competed for the position he now holds with the individual who is at the centre of the
Compliance Audit. Mayor Abernethy refrained from discussion and voting on this
matter.
Item 1(e)
Resolution #C-093-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Report CLD-006-10 be received for information.
“CARRIED”
Mayor Abernethy resumed the chair.
Council Meeting Minutes - 29 - March 1, 2010
STAFF REPORT(S)
There were no Staff Reports considered under this Section of the Agenda.
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-094-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Items 1 & 2 of Business Arising from Notice of Motion be tabled until the next
regular meeting of Council.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-095-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the Presentation of Roger Anderson, Chair, Regional Municipality of Durham,
be received with thanks.
“CARRIED”
Resolution #C-096-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Presentation of Ron Foster, Auditor General, City of Oshawa, be received
with thanks.
“CARRIED”
Resolution #C-097-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT the delegations of Terry Dorgan, IBEW Local 894 and Rosemary Yeremian,
President, Strategic Insights Inc., with respect to support for local investment in
nuclear power, be referred to the Director of Community Services to determine if the
request for funding qualifies under the Municipal Grant Program.
“CARRIED”
Council Meeting Minutes - 30 - March 1, 2010
Resolution #C-098-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the delegation of Doug Lindeblom, Director of Economic Development and
Tourism, Region of Durham, be received with thanks.
“CARRIED”
BY-LAWS
Resolution #C-099-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2010-018 to 2010-021 inclusive;
2010-018 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Kawartha Pine Ridge District School Board)
2010-019 Being a by-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the Municipality of Clarington
(1317870 Ontario Ltd. & 1317871 Ontario Ltd.)
2010-020 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and John Howard Society,
Bowmanville, Ontario, to enter into agreement for the leased
space at 132 Church Street, Bowmanville, ON
2010-021 Being a By-law to authorize a contract between the
Corporation of the Municipality of Clarington and
Community Living, Oshawa/Clarington, Oshawa, Ontario, to
enter into agreement for the leased space at 132 Church
Street, Bowmanville, ON; 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.
Council Meeting Minutes - 31 - March 1, 2010
OTHER INFORMATION
Councillor Robinson requested that staff further investigate the installation of an
Independent Pedestrian Signal crossing in the vicinity of the library on King Avenue in
Newcastle.
Mayor Abernethy expressed appreciation, on behalf of Council, to Jennifer Stone,
Reporter for Clarington This Week and wished her well in her future endeavours.
Resolution #C-100-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed to consider a matter of litigation or potential litigation, including
matters before administrative tribunals, affecting the municipality or local board.
“CARRIED”
The meeting resumed in open session at 11:25 p.m.
Mayor Abernethy 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-101-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT the correspondence of Valentine Lovekin regarding litigation between the
Municipality of Clarington and Newcastle Recycling Ltd. be received; and
THAT the request of Mr. Lovekin for William and James Hale to meet with
Franklin Wu, Chief Administrative Officer to explore settlement opportunities be
denied.
“CARRIED”
Mayor Abernethy and Councillor Foster stated disclosures of pecuniary interest earlier
in the meeting and refrained from voting on the Confirming By-law.
Council Meeting Minutes - 32 - March 1, 2010
CONFIRMING BY-LAW
Resolution #C-102-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT leave be granted to introduce By-law 2010-022, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 1S` day of March, 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-103-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 11:27 p.m.
"CARRIED"
MAYO