HomeMy WebLinkAbout04/12/2010
Council Meeting Minutes
April 12, 2010
Minutes of a regular meeting of Council held on April 12, 2010 at 7:00 p.m., in the
Council Chambers.
Councillor Robinson led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Senior Planner, L. Backus, attended until 8:31 p.m.
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Deputy Treasurer, L. Gordon
Solicitor, D. Hefferon
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services and Human Resources, M. Marano
Manager of Community Planning and Design, C. Salazar,
attended until 8:31 p.m.
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
Councillor Novak announced the following:
?
On March 30, 2010, she, along with Mayor Abernethy and Councillor Hooper,
attended the official opening and blessing of the new addition at St. Stephen’s
Secondary School.
?
She attended the Rotary Club of Bowmanville’s Annual Charity Dinner and
Auction. Mayor Abernethy and Councillor Hooper were also in attendance.
Council Meeting Minutes - 2 - April 12, 2010
Councillor Hooper announced the following:
?
The Downtown Bowmanville BIA Easter Egg Hunt held on April 3, 2010 was a
great success with lots of line-ups for the Easter Bunny Event.
Councillor Hooper expressed thanks to Council and staff for their indulgence in
the event.
?
The Clarington Older Adult Association (COAA) is busy working on their
Strategic Plan.
?
On Friday, April 16, 2010, the COAA will host their annual Variety Night
Fundraiser at the Clarington Beech Centre featuring a variety of local
entertainment.
?
On June 17, 2010, there will be an Accessibility Expo: Celebrating Abilities at
the Recreation and Wellness Centre of Durham College and UOIT. Canada’s
Sledge Hockey Goalie and Motivational Speaker, Paul Rosen, will be featured
and Justin Hines will perform.
Councillor Foster announced the following:
?
On May 13, 2010, the Courtice Rotary Club will feature Michael “Pinball”
Clemons at the Clarington Youth and Leadership Dinner.
?
On May 28, 2010, the Courtice Lions Club will hold a ribbon-cutting ceremony
at the Courtice Community Complex for the Millennium Trail and Pedestrian
Footbridge.
?
The Courtice Lions Club - Purina Walk for Dog Guides will take place on
May 29, 2010. Registration starts at 8:00 a.m. at the Courtice Community
Complex.
Councillor Robinson announced the following:
?
This past Saturday he, and Councillors Foster and Hooper, attended the official
opening for the Pet Value Store in Newcastle and congratulated owners Steve
and Stephanie.
st
?
On Saturday, April 10, 2010, he, along with Councillor Trim, attended the 21
Annual Ontario Federation of Anglers and Hunters Ganaraska Forest Centre
Fundraising Dinner.
Councillor Woo announced the following:
?
On Thursday, April 8, 2010, he attended the Durham Region Intimate-
Relationship Violence Empowerment Network’s (DRIVEN) open house, in
recognition of their first Anniversary of providing access to a wide range of
support services at one location to those dealing with relationship abuse and
domestic violence.
?
Sunday, April 18, 2010, the Bowmanville MS Walk takes place with registration
at 8:15 a.m. at the Bowmanville High School.
Council Meeting Minutes - 3 - April 12, 2010
Councillor Trim announced that April 19 to 25, 2010 is “PITCH-IN CANADA” week, an
initiative designed to involve the community in helping to clean up local
neighbourhoods. Councillor Trim acknowledged the success of previous year’s
events and hoped that this year’s activities will again be supported by the many
community volunteers, schools and business organizations.
Mayor Abernethy stated that Algoma Orchards Limited has received the Eric Krause
Innovative Plans/Policies/Initiatives Award from the Durham Environmental Advisory
Committee (DEAC) as part of DEAC’s Environmental Achievement Awards for their
approach to reducing water resources by installing an on-site, state-of-the-art water
recycling treatment facility, the first in North America. The award will be presented in
May, 2010.
Resolution #C-139-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on March 22, 2010, be
approved.
“CARRIED”
PRESENTATIONS
Laurie Swami, Director of Licensing & Environment, Darlington New Nuclear Project,
Ontario Power Generation (OPG) addressed Council to present an Update on the
Federal Approvals for New Nuclear at Darlington. Through use of a PowerPoint
presentation, Ms. Swami provided a brief update on the status of the Federal approval
process, work being done at the site, the consultation program and next steps.
Ms. Swami provided a re-cap of the project scope, OPG submissions, the
establishment and responsibilities of the Joint Review Panel (JRP) and reviewed the
Indicative JRP Schedule. She stated the JRP is currently conducting a public and
technical review of the Environmental Impact Statement and Licence to Prepare Site
Application noting the process has been extended based on the number of questions
and comments passed on to OPG by the JRP. Ms. Swami indicated that OPG is
responding to the questions expeditiously in order to keep the process moving and
that their goal is to have the site prepared when the Province re-enacts the
procurement process. She noted that once the technical review is complete the
process moves to the public hearing process. Ms. Swami highlighted work continuing
at the site including the completion of studies, and tours of the site by federal
regulators, the Joint Review Panel, the Ontario Water Keepers and the Pickering
Community Advisory Committee. She noted a Public Information Session will be held
th
on May 18 at the Garnet B. Rickard Recreation Complex and encouraged the public
to attend the session. Ms. Swami advised that all questions are posted on the CRC
registry.
Council Meeting Minutes - 4 - April 12, 2010
Craig Bartlett, Manager of Waste, Region of Durham, addressed Council to present
the Region’s Draft Consolidated Waste Management By-law. Through use of a
PowerPoint presentation, Mr. Bartlett provided a chronology of events regarding the
Region’s assumption of recycling and waste management services from area
municipalities. Currently, the Region provides for residential collection of recycling,
residual waste, bulky items, white goods, leaf and yard waste to the City of Pickering,
the Town of Ajax, the Municipality of Clarington and the Townships of Brock, Scugog
and Uxbridge and provides residential collection of recycling only to the City of
Oshawa and the Town of Whitby. The Region also provides waste management
services in the areas of sorting, processing and marketing of blue box recyclables;
processing of green bin/leaf and yard waste; transfer and disposal of residual
waste/bulky goods; scrap metal/white goods recycling; MHSW recycling/reuse;
WEEE, tire, drywall, agricultural bale wrap recycling; promotion and education; and
long-term planning. There are also three community drop-off centres in Oshawa,
Scugog and Port Perry. Mr. Bartlett stated that the Region has no comprehensive by-
law to govern its waste management services and therefore, Regional Council
directed staff to implement a consultation process with the area municipalities, the
residents of the Region of Durham and other stakeholders to receive input on the
development of a Regional Waste Management By-law and to report back in the fall of
2010 with a proposed by-law based on the input of the consultation process. Mr.
Bartlett indicated the consultation process will include a peer review with area
municipal staff, Public Information Sessions, public postings for written/electronic
comment submissions (newspaper ads, Region’s website, radio) and presentations to
local Area Municipal Councils. Mr. Bartlett highlighted components of the proposed
by-law including the authority of the Commissioner of Works, collection services
including collection schedules for blue box/green bin and residual garbage and
description of acceptable wastes. He reviewed general provisions of the proposed by-
law, administration, enforcement and penalties for non-compliance, facilities, rates
and charges. Provisions in the Durham Region Waste Management By-law will
reconcile conflict with existing law with collection services in Oshawa and Whitby.
Mr. Bartlett summarized by stating the consultation period is from March 22 to July 2,
2010, with comments due by July 5, 2010. Staff will review and consider comments
prior to reporting to the Regional Works Committee in November/December 2010. It
is anticipated that Council approval will be received in January/February 2011 with
rollout of the communication program and enactment of the by-law in March 2011. A
Public Information Session will be held on April 15, 2010, at the Courtice Community
Centre from 5:00 p.m. to 8:00 p.m. and Mr. Bartlett encouraged all residents to attend.
Comments can also be submitted to bylawconsultation@durham.ca.
Amy Burke, Chair, Clarington Living Green Community Advisory Committee,
addressed Council to present the Committee’s Annual Update and Draft Green
Community Strategy and process. Through use of a PowerPoint presentation,
Ms. Burke highlighted the mandate of the 13-member Committee advising that the
draft strategy has involved the combined contributions of the local private and public
sector. Ms. Burke stated that local government is in a position of influence and that
sustainability issues are a priority for local residents and businesses.
Council Meeting Minutes - 5 - April 12, 2010
She indicated that the intent of the survey was to determine what challenges are
facing the municipality. Ms. Burke stated the strategy was created by reviewing other
community ‘green’ strategies, holding Committee brainstorming sessions, Youth
workshops and obtaining input from the Official Plan Review Consultation process. A
green strategy will assist the community in ensuring that as the municipality grows
issues such as energy conservation and climate change will be addressed, the
development industry will be challenged to think about sustainable development
including subdivision design, landscaping and energy consumption and the strategy
will raise awareness of energy conservation. Ms. Burke reviewed the strategy’s six
priorities including transportation, energy efficiency in new development, energy
efficiency in existing buildings, healthy natural environment, thriving green economy
and zero waste. Ms. Burke summarized by stating the draft strategy represents the
culmination of information gathered to date and she was before Council this evening
to seek Council’s support to release the document for public comment with the
intention to provide the final strategy to Council in June. The document is available at:
www.bluetogreen.clarington.net, www.clarington.net/ourplan, Clarington Public
Library, Planning Services Department and Clarington Board of Trade. Ms. Burke
introduced Elva Reid, Vice-Chair of the Committee who was in attendance this
evening.
DELEGATIONS
Louis Bertrand addressed Council concerning Item 12 of Report #1 - Report
CLD-004-10 - Urban “Backyard” Chicken Farming. Mr. Bertrand stated he is in
support of Ms. Pillinger’s request to amend the Exotic Pet By-law 93-161 to include
the keeping of backyard chickens. Mr. Bertrand quoted the Universal Declaration of
Human Rights in which everyone has the right to a standard of living adequate for the
health and well-being of himself and of his family, including food, and the Durham
Region Food Charter which promotes food security and self-reliance. Mr. Bertrand
stated that the staff report outlines many objections, which Ms. Pillinger had already
addressed in her original submission to Council, but does not consider the many
benefits including health, building a degree of self-reliance in matters of food and
transportation, and promoting the growth of a healthy and diverse community. He
requested that Council reject the Committee recommendation and request that staff
be asked how this can be accomplished.
Resolution #C-140-10
Moved by Councillor Robinson, seconded by Councillor Novak
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 8:58 p.m.
Council Meeting Minutes - 6 - April 12, 2010
COMMUNICATIONS
Resolution #C-141-10
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information be approved, with the
exception of Items I - 1, I - 9, I - 17 and I - 18.
“CARRIED”
I - 2 Minutes of the Clarington Traffic Management Advisory Committee
dated February 18, 2010
I - 3 Minutes of the Orono Community Improvement Plan Community
Liaison Group dated January 6, 2010
I - 4 Minutes of the Ganaraska Region Conservation Authority dated
March 18, 2010
I - 5 Minutes of the St. Marys Cement Community Relations Committee
dated March 9, 2010
I - 6 Andrew Brouwer, Deputy Town Clerk, Town of Markham, advising
Council that on March 9, 2010, the Town of Markham adopted the
following resolution pertaining to creation of new residential
condominium property classes:
“1. THAT the report “Creation of New Residential Condominium
Property Classes” be received; and,
2. THAT the Condominium Working Group recommends to Council
that it support the creation of new property classes for residential
condominium townhomes and residential condominium
apartments in Ontario; and
3. THAT the Province of Ontario be requested to amend legislation
and any necessary regulation(s) to create a new property class for
residential townhome condominiums and a new property class for
residential apartment condominiums; and,
Council Meeting Minutes - 7 - April 12, 2010
4. THAT letters regarding this request be sent to the Premier of
Ontario, the Minister of Finance, the Minister of Municipal Affairs,
the Minister of Energy and Infrastructure, the Canadian
Condominium Institute (CCI), the Association of Municipalities of
Ontario (AMO), the Federation of Canadian Municipalities (FCM),
other Greater Toronto Area municipalities and any other
appropriate organization; and further;
5. THAT staff be authorized and directed to do all things necessary
to give effect to this resolution.”
I - 7 Warren (Smokey) Thomas, President, Ontario Public Service
Employees Union (OPSEU) and Ivan Herrington, Chair, OPSEU
Bargaining Team, Municipal Property Assessment Corporation
(MPAC) forwarding correspondence to all Ontario Municipal Councils
outlining service quality issues at MPAC that the Union believes will
have a negative impact on the quality of assessment including
MPAC’s plans for restructuring operations following more than ten
years of continuous change, potential staff reductions through
conversion from full-time to part-time work and questionable spending
practices. The Union feels these issues will result in less service to
taxpayers and municipalities.
I - 8 Carl Isenburg, President and Chief Administrative Officer, Municipal
Property Assessment Corporation, (MPAC) writing to all Ontario
Municipal Councils in response to the issues raised in
correspondence from the Ontario Public Service Employees Union
(OPSEU) indicating that MPAC is currently in negotiations with
OPSEU to renew their collective agreement and that the staff
realignment enabling managers in field offices to more effectively
allocate resources to respond to local issues and concerns, including
addressing supplementary and omitted assessment backlogs, was
shared with OPSEU at the bargaining table and was based on
suggestions and input from employees across the organization; that
the issue of seasonal and part-time staff is also being discussed with
OPSEU as part of negotiations; responding that estimated costs
noted by the Union are total costs budgeted over four years; and,
offering to provide any additional information or answer any questions
regarding MPAC’s activities and operations.
Council Meeting Minutes - 8 - April 12, 2010
I - 10 Teva Surujpaul and Aisha Surujpaul, writing to Mr. Gavin Battarino,
Project Officer, Environmental Assessment and Approvals Branch,
Ministry of the Environment, indicating that they are strongly opposed
to the building of an incinerator in Durham Region due to the adverse
effects on their health and quality of life; indicating that the incinerator
is both unwarranted and unnecessary; and, providing grounds on
which the incinerator should be refused including the production of
particulate matter known to be sources of cancer and respiratory
problems, noise, smell, smoke, traffic, pollution, disposal of toxic ash
and reduction in housing values.
I - 11 Mayor Marolyn Morrison, Town of Caledon, writing to the Honourable
Jim Bradley, Minister of Municipal Affairs and Housing, regarding
Caledon’s unique circumstances in dealing with the existing, four
provincial land use plans; indicating the principal challenge of Places
to Grow is the linking of employment figures and population figures;
expressing concern that given the increasing level of robotics in
industry in order for Canada to compete internationally achieving a
density of employment of 50 employees per hectare in Greenfield
development is impossible; and, advising that this is an issue which
the 14 municipalities in the Greater Toronto Countryside Mayors
Alliance agree is an impediment to their financial sustainability and
their ongoing ability to maintain their support and implementation of
provincial land use plans.
I - 12 Mary Desjardins, Executive Director, TD Friends of the Environment
Foundation (TD FEF), one of Canada’s longest-serving environment
and wildlife-focused charities, providing information on the TD Green
Streets Program, a program that has provided grants of up to $15,000
to more than 370 Canadian municipalities to plant and maintain trees
since 1994; outlining program criteria and eligibility; and, indicating
that additional information is available on the TD Green Streets
program website at www.tdgreenstreets.ca.
I - 13 John R. O’Toole, MPP, Durham, writing to the Honourable Dalton
McGuinty, Premier of Ontario, forwarding a copy of the Municipality’s
resolution in support of amending the Ombudsman Act to include
hospitals under the Ombudsman’s jurisdiction; indicating his support
of the resolution and advising that Ontarians are concerned over
issues related to openness and accountability; stating that he feels
that hospitals and Ontario’s healthcare system would benefit from
checks and balances that could be provided through the
Ombudsman; and, that he hopes the Premier will agree that the
Province will take steps to include hospitals among the Ombudsman’s
responsibilities.
Council Meeting Minutes - 9 - April 12, 2010
I - 14 Jordan McCormack, writing in support of Emily Pillinger’s request to
change the Exotic Pets By-law to include the keeping of three hens in
single family backyards; indicating that the United Nations has
deemed that Federal, Provincial and Municipal governments have an
international obligation to provide an enabling environment for people
to feed themselves; and, requesting that Clarington support these
international obligations by allowing the keeping of three chickens in
backyards in accordance with current by-laws protecting against
excessive noise and odour and by-laws that require property
maintenance.
I - 15 Blair Labelle, Deputy Clerk, Town of Ajax, advising that on March 29,
2010, the Town of Ajax adopted the following recommendation
pertaining to Drinking Water Source protection EBR Posting:
Comments on Draft Regulation for Source Protection Plans:
“1. THAT the report entitled “Drinking Water Source Protection EBR
Posting: Comments on Draft Regulation for Source Protection
Plans”, dated March 25, 2010, be endorsed;
2. THAT the Provincial Minister of the Environment be respectfully
requested to better protect Lake Ontario as a source of surface
drinking water by directing the Ministry to amend the proposed
Draft Regulation as follows:
a) delete Section 19.4(c), thereby continuing to identify sewage
systems as “prescribed activities” and require their evaluation
as significant threats to drinking water sources in Assessment
Reports and Source Protection Plans; and,
b) modify Section 19.13 (Significant Threat Policies) in the
manner set out in Attachment No. 2 to this report;
3. THAT the Minister be respectfully requested to direct the Ministry
to:
a) establish protective water policies and water quality targets for
Lake Ontario in the Source Protection Plans for the CTC
Region to achieve reduced contaminant emissions from
Sewage Treatment Plants;
b) widen the scope of spill scenario modeling to include not only
athogenic and algal threats but also chemical and radiological
threats, and evaluate longer times-of-travel, to plan for
extended closure of Water Supply Plants along the Lake
Ontario shoreline due to, for example, prolonged persistence
of a tritium spill or cyanobacteria blooms in coastal waters;
Council Meeting Minutes - 10 - April 12, 2010
c) protect groundwater resources not presently tapped by
municipal drinking water systems as possible future drinking
water sources in the event of a catastrophic event affecting
Lake Ontario water for a long period of time; and,
d) require a more comprehensive consultation process be
undertaken by the CTC Region in the Town of Ajax, including
public open houses with presentations and Q&A sessions in
afternoons and evenings, regarding draft and proposed
Assessment Reports and Source Protection Plans being
prepared by the Toronto Region Source Protection Authority
and the Central Lake Ontario Source Protection Authority;
4. THAT the Minister be respectfully requested to:
a) provide sustained, reliable funding for continued evaluation of
potential threats posed by Sewage Treatment Plant
discharges into Lake Ontario, which is the Town of Ajax’s
primary source of drinking water;
b) require integration of the best available wastewater treatment
technologies into all stages of the expanding Duffin Creek
Sewage Treatment Plant, as well as ongoing performance
monitoring, and installation of better technologies during the
lifetime of the Plant as they become available;
c) impose stringent treated effluent standards for Lake Ontario
receiving waters along the West Durham Waterfront where
combined discharges from the Duffin Creek Sewage
Treatment Plant, the Pickering Nuclear Generating Station
and Duffins Creek merge in close proximity to the Ajax Water
Supply Plant’s intake and Rotary Park Beach;
d) require the Regions of York and Durham, as part of the
environmental assessment being initiated to identify how
constraints posed by the Duffin Creek Sewage Treatment
Plant’s submerged outfall/diffuser to increasing the volume of
treated wastewater discharged can be overcome pursuant to
existing Ministry conditions and as a prerequisite to the filing
of an Environmental Study Report with the Ministry, to:
i) undertake comprehensive sampling and analyses of the
widest possible range of contaminants in waters and
sediments in the receiving water, co-operatively and in
conjunction with the Town of Ajax;
ii) require the Regions to share and discuss the scientific
analyses and findings with the Town of Ajax; and,
Council Meeting Minutes - 11 - April 12, 2010
iii) require the Regions to bear the cost of peer reviews by
consultants retained by the Town, and to meet with the
Town and peer reviewer, as may be necessary, to discuss
options and solutions to any outstanding Ajax concerns;
e) work with the Ministers of Research and Innovation and
Health to:
i) promote funding of research and development into
improved wastewater treatment and clean-water
technologies; and,
ii) provide sufficient funding to enable the purchase,
installation, monitoring and upgrading of clean-water
technologies in Water Supply Plants, as well as
wastewater treatment technologies in Sewage Treatment
Plants, to protect water quality and human and aquatic
health;
5. THAT the Federal Minister of the Environment be respectfully
requested to:
a) expedite the protection of human and aquatic health in the
Great Lakes Basin by amending the proposed Federal
Regulation for Municipal Sewage Treatment Plant Effluent to
address the concerns identified in this staff report, including
applying stringent effluent limitations on municipal Sewage
Treatment Plants, including York and Durham Regions’ Duffin
Creek Sewage Treatment Plan on the West Durham
Waterfront;
b) impose requirements for advanced wastewater treatment
technology on municipal Sewage Treatment Plants, with
tertiary treatment and stringent nutrient limitations as minimum
standards;
c) in the absence of Provincial action with respect to municipal
Sewage Treatment Plants, impose more stringent treated
effluent emission limitations on large-scale Plants in the Great
Lakes Basin, including the Duffin Creek Plant, to reduce
contaminant emissions (i.e., nutrients, pathogens and
chemical) into our finite, diminishing freshwater resources,
including the embayment along the West Durham Waterfront
on the north shore of Lake Ontario where the large Duffin
Creek Plant is expanding to release increasing volumes of
treated effluent in close proximity to the Ajax WSP intake for
many decades ahead;
Council Meeting Minutes - 12 - April 12, 2010
d) provide sufficient, sustained funds to conduct a further joint
study of the sources and effects of contaminant discharges on
water quality within the confined Great Lakes Basin watershed;
and,
e) direct Environment Canada and Health Canada researchers to
continue to co-ordinate their work, costs and resources with
fellow researchers at the Ontario Ministry of the Environment to
consolidate their findings and identify effective actions that
need to be taken to protect water quality; and,
6. THAT this report be forwarded to the Federal and Provincial
Ministers of the Environment, the Minister of Research and
Innovation, the Minister of Health, the Great Lakes and St.
Lawrence Cities Initiative, the CTC Source Protection Committee,
Toronto Region Source Protection Committee, Central Lake
Ontario Source Protection Committee, Durham Region, the area
municipalities in Durham Region, and Durham Region Members of
Parliament and Members of Provincial Parliament.”
I - 16 Gail Rickard, Chair, Clarington Public Library, thanking Members of
Council for their continued support of the Clarington Public Library
indicating that approval of the 2010 operating budget will assist the
library in continuing to provide services and programs to the
community.
I - 19 Larissa Watson expressing support for the legal keeping of backyard
chickens in Clarington; indicating that a family allowed to keep
chickens can have a heightened awareness of where their food
comes from, cut down on their grocery bills, reduce the amount of
fossil fuels burned to bring their food from distant farms and increase
their self-sufficiency; responding to several misconceptions regarding
the smell and noise of chickens; and, requesting Council to add a
zoning ordinance that would allow Clarington residents to keep up to
eight urban chickens.
I - 1 Minutes of the Task Force for Attracting Higher Education Facilities
dated December 10, 2009 and January 21, 2010
Resolution #C-142-10
Moved by Councillor Trim, seconded by Councillor Hooper
THAT theMinutes of the Task Force for Attracting Higher Education Facilities
dated December 10, 2009 and January 21, 2010, be received for information.
“CARRIED”
Council Meeting Minutes - 13 - April 12, 2010
I - 9 P. M. Madill, Regional Clerk, Region of Durham, writing to the
Honourable Dalton McGuinty, Premier of Ontario, advising that on
March 10, 2010, Regional Council endorsed the following resolution
of the Municipality of Clarington regarding building of 407 East
(Mainline and Link) at one time:
“WHEREAS the Municipality of Clarington supports the construction
of the 407 East (mainline and link) through to its termination at
Highway 35/115;
WHEREAS the Municipality of Clarington supports the aggressive
schedule to substantially complete the Highway in 2013;
WHEREAS the implementation of the Highway is beyond the scope of
the Environmental Assessment;
WHEREAS it is understood that there is substantial work to be done,
by the Ministry of Transportation, its consultants, and contractors to
determine the best way to deliver the project within the timeline and
budget, and understanding that the Ministry is pursuing all available
opportunities to accelerate the overall schedule without compromising
the Provincial and Federal EA Acts and approved Terms of Reference
for the project;
WHEREAS the Municipality of Clarington supports the efforts of the
Ministry and Province to meet its obligations as set out in the FLOW
initiative, an agreement the Federal and Provincial governments to
improve transportation infrastructure in the Greater Toronto Area
(GTA) and
WHEREAS staging or phasing the Highway would have negative
impacts on the Regional and local road networks;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of
Clarington continues to support the construction of the 407 East
Extension to Highway 35/115 without any staging or phasing;
AND FURTHER THAT this resolution be circulated to the Region of
Durham and its local municipalities for support and forwarded to the
Minister of Transportation and Premier.”
Council Meeting Minutes - 14 - April 12, 2010
Resolution #C-143-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT the resolution from the Region of Durham, endorsing the resolution of the
Municipality of Clarington regarding building of 407 East (Mainline and Link) at
one time, be endorsed.
“CARRIED”
I - 17 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing
to Ken Nash, President and CEO, Nuclear Waste Management
Organization, advising that on March 31, 2010, Regional Council
adopted the following resolution pertaining to response to the Nuclear
Waste Management Organization’s (NWMO) Draft Discussion
document entitled “Moving Forward Together: Designing the Process
for Selecting a Site”, May 2009:
“a) THAT Report #2010-P-19 of the Commissioner of Planning be
forwarded to the Nuclear Waste Management Organization
(NWMO) as the Region’s response to the draft discussion
document entitled ‘Moving Forward Together: Designing the
Process for Selecting a Site’ (May 2009), requesting that:
?
the guiding principles for selecting a site for Canada’s long
term used nuclear fuel waste facility/repository include the
principle of urgency and expeditiousness;
?
the siting process be scoped to focus on areas that are
geographically suitable, in order to narrow the search for
willing host communities, and thereby reduce timelines;
?
the operational principle of providing full support to
stakeholders directly affected by implementation, to
participate in the decision-making, be endorsed;
?
a scenario examining the possibility that a willing suitable
host community will not be found, be assessed;
?
the regulatory processes, the related timelines, and how
these processes can be streamlined to achieve efficiencies in
the siting process, be clarified; and
?
in the event the concept of more than one nuclear fuel waste
facility/repository is advanced, Federal government approval
be obtained; and
Council Meeting Minutes - 15 - April 12, 2010
b) THAT a copy of Report #2010-P-19 be forwarded to the area
municipalities, the Federal Minister of Natural Resources, the
Canadian Nuclear Safety Commission, the Canadian
Environmental Assessment Agency, the Ontario Minister of the
Environment, the Ontario Minister of Energy and Infrastructure,
Ontario Power Generation (OPG), Hydro One, Durham’s MPs
and MPPs, and the Canadian Association of Nuclear Host
Communities (CANHC).”
Resolution #C-144-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT the resolution from the Region of Durham, endorsing the Nuclear Waste
Management Organization’s (NWMO) Draft Discussion document entitled
“Moving Forward Together: Designing the Process for Selecting a Site”, May
2009, be endorsed.
“CARRIED”
I - 18 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing
to Debbie Scanlon, Senior Drinking Water Program Advisor, Ministry
of the Environment, advising that on March 31, 2010, Regional
Council adopted the following resolution pertaining to Draft Regulation
on Requirements for the Content and Preparation of Source
Protection Plans (EBR Posting: 010-8766 (2010-J-7):
“a) THAT Joint Report #2010-J-7 be endorsed and submitted to the
Ministry of the Environment (MOE) As Durham Region’s
response to EBR Posting 010-8766;
b) THAT Regional Council recommends that the Province should:
i) Make the language of the regulation much clearer and more
direct so the reader may easily understand and interpret it,
or provide a simplified guide that clearly explains the source
protection plan regulation for areas where several
protective acts (e.g. Lake Simcoe Protection Act, Greenbelt
Act) are in place, clarifies which piece of legislation takes
precedence;
ii) Provide permanent funding for municipalities to build staff
capacity to participate in the ongoing source protection
process as they have done for conservation authorities;
Council Meeting Minutes - 16 - April 12, 2010
iii) Extend the deadlines for the assessment reports (ARs) and
source protection plans (SPPs) to allow for more thorough
municipal review and commentary on draft documents.
This is critical given that municipalities are a key delivery
partner;
iv) Integrate drinking water source protection requirements into
any provincial mechanisms that govern prescribed threat
activities;
v) Be the one source of up-to-date, credible geo-referenced
information on the provincial instruments required by the
source protection committees to develop the source
protection policies and plan in a timely way;
vi) Ensure that communication from the SPCs to businesses
and residents about potential significant drinking water
threats will be handled with great care and in a coordinated
manner;
vii) Revise section 19.8 of the draft regulation to provide a
clearer definition of transport pathways and to remove the
requirement for municipalities to notify the SPC of provincial
approvals related to an application that would create new
transport pathways;
viii) Provide, in the explanatory document, the rationale for any
amendments the Province makes to the SPP after it is
submitted for approval;
ix) Fund municipalities to acquire the hardware and software
and develop the systems and capacity for data
management to support SPP implementation, monitoring
and enforcement activities at the municipal level;
x) Use data collected in the annual reports to evaluate the
effectiveness of the source protection plans and
enforcement mechanisms in protecting or improving
Ontario’s drinking water sources;
xi) Ensure proactive, cost-efficient and consistent record-
keeping by the SPCs by revising the regulation to include a
requirement for the SPC to adopt an appropriate records
retention schedule based on a model developed by the
Province which would:
Council Meeting Minutes - 17 - April 12, 2010
i. Suggest retention periods for records in all media
based on the function of the records series created or
collected by the SPC;
ii. Identify appropriate repositories for the care of and
provision of access to electronic data and archival
records; and
iii. Identify the custodians of the records for purposes of
public access and FIPPA;
xii) Properly resource the SPC records and data management
functions to ensure that:
i. Decisions are properly documented in case of appeals
or other legal actions; and
ii. Electronic data are properly maintained so that the data
continue to be accessible for scientific study;
xiii) Revise the regulation to require that the source protection
plan contain a workplan and budget for implementation.
When the Ministry approves the source protection plan they
would need to:
i. commit the Provincial resources needed to deliver that
plan; and
ii. negotiate with CAs and municipalities the timing and
allocation of financial commitments to support their roles
in source protection plan implementation;
xiv) Provide start-up funding for the Part IV enforcement
function and permanent funding for the ongoing costs (e.g.
training costs and information systems) associated with the
enforcement function;
xv) Better delineate the risk management function and deliver it
at the provincial level as part of a one-window enforcement
function;
xvi) Specify in the regulation who is qualified to develop risk
management plans on behalf of landowners or persons
engaging in prescribed threat activities; and
Council Meeting Minutes - 18 - April 12, 2010
xvii) Compensate farmers, residents and lower-tier
municipalities in intake protection zones (IPZs) and
wellhead protection areas (WHPAs) for the costs to comply
with source protection policies and provide incentives and
technical assistance to support changes or adopt practices
that reduce drinking water threats below the “significant
threat” level; and
c) THAT a copy of Joint Report #2010-J-7 be forwarded to the
Minister of the Environment, the Minister of Municipal Affairs and
Housing, the Association of Municipalities of Ontario, Durham
Region local area municipalities and conservation authorities,
Durham Region MPP’s, the Regions of York, Halton and Peel,
the Durham Region Federation of Agriculture, the GTA
Agricultural Action Committee, the Greater Toronto Area
Countryside Mayors’ Alliance, the Durham Agricultural Advisory
Committee, and the Economic Development and Tourism
Department for their information.”
Resolution #C-145-10
Moved by Councillor Novak, seconded by Councillor Woo
THAT the resolution from the Region of Durham, with respect to Draft
Regulation on Requirements for the Content and Preparation of Source
Protection Plans EBR Posting 010-8766, be endorsed.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 7, D - 8, D - 9 and D - 10 were received as hand outs.
Resolution #C-146-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 4, and Hand-Out Items D - 7 to D - 10
inclusive be approved as per the agenda.
“CARRIED”
Council Meeting Minutes - 19 - April 12, 2010
D - 1 Sheilagh Croxon, Chair, Coaches Association of Ontario, advising
that April 17 to April 25, 2010, has been designated as “Ontario
Coaches Week”, an initiative launched by the Coaches Association
of Ontario in 2006 and with the support of both the Provincial and
Federal Governments; and, requesting Council to proclaim April 17
to 25, 2010, as “Coaches Week” in Clarington.
(Proclaimed)
D - 2 Jeremy Trump, Green Ribbon of Hope™ Campaign Assistant, Child
th
Find Ontario, advising 2010 is the 19 Annual Green Ribbon of
Hope™ Campaign, a campaign developed by the students of Holy
Cross Secondary School in St. Catharines as a result of the
abduction and subsequent murder of 15-year-old Kristen French;
advising the campaign has become the national symbol of hope for
the safe return of all missing children and for the awareness of
missing and exploited children in Canada; offering to provide green
ribbons and flyers free of charge; and, requesting that May 25, 2010,
be proclaimed “National Missing Children’s Day” and/or the month of
May as “Missing Children’s Month”.
(Proclaimed)
D - 3 Steve Shanks, Lions Club of Courtice, requesting permission to host
a Lions Foundation of Canada Purina Walk for Guide Dogs, a pet-
friendly, family walk to raise funds to help raise, train and provide
Dog Guides to serve Canadians with disabilities in the areas of
mobility, safety and independence on Saturday, May 29, 2010,
outlining the proposed route starting at 9:00 a.m. at the Courtice
Complex; indicating that liability insurance in the amount of
$2,000,000 has been secured; and inviting Members of Council and
staff to participate in the walk and to pre-register at
www.purinawalkfordogguides.com.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 4 Vannitha Chanthavong, Planner, Regional Municipality of Durham,
forwarding copies of an application to amend the Durham Regional
Official Plan by Vissers Sod Farm for 4319 Solina Road respectfully
requesting Council’s comments and recommendations within 60
days.
(Correspondence referred to the
Director of Planning Services)
Council Meeting Minutes - 20 - April 12, 2010
D - 7 Debra Lefebvre, RN, MPA, Executive Director, Buy-A-Net Malaria
Prevention Group, forwarding a copy of the proclamation passed by
the City of Kingston in recognition of “World Malaria Day”; a day to
spur greater citizen and corporate involvement in the fight against
malaria, the leading killer of children in Africa; and, hoping that the
Municipality will also recognize “World Malaria Day” on April 25,
2010.
(Proclaimed)
D - 8 Frank Markel, PhD, President and Chief Executive Officer, Trillium
Gift of Life Network, advising that April 18 to 25, 2010, is “National
Organ and Tissue Donation Awareness Week”; indicating there are
currently 1,600 people on the waiting list for life saving organ and
tissue transplants in Ontario; and, requesting Council’s assistance in
raising public awareness in the help to save lives by proclaiming
April 18 to 25, 2010, as “National Organ and Tissue Donation
Awareness Week” and granting permission to flying the Gift of Life
Flag.
(Proclaimed and permission granted
to fly the Gift of Life flag at the
Municipal Administrative Centre)
D - 9 Emily Pillinger, thanking Members of Council and staff for their time
in reviewing the reports regarding backyard chickens; indicating that
since Report CLD-004-10 was prepared, the City of Vancouver has
legalized urban backyard hens; that charges against residents of
Calgary for keeping urban chickens in residential yards were
dropped because of the United Nation’s basic fundamental right of
World’s Citizens to have access to healthy, wholesome foods; and,
indicating governments have an international obligation to provide an
enabling environment for people to feed themselves.
(To advise of Council’s decision
regarding Report CLD-004-10)
D - 10 Adrian Brookes advising of an experience he had at the Newcastle
marina several years ago in which he was requested to leave the
property when looking for boats for sale as the marina was private
property; indicating that silt build-up is not an unknown risk when
buying or operating a marina or boat; and requesting that no public
funds be used for marina dredging.
(To advise of Council’s decision
regarding Report PSD-042-10)
Council Meeting Minutes - 21 - April 12, 2010
D - 5 Ben Noble, advocating on behalf of Mrs. Jaro Rimes regarding an
invoice she received for sidewalk snow clearing on December 12,
2009; forwarding a copy of the invoice, correspondence from
Mrs. Rimes expressing concern with the charge and requesting that
the invoice be cancelled; a copy of the application for the Seniors’
Snow Clearing Program to which Mrs. Rimes has registered and
paid for assistance; and, questioning why staff did not investigate the
matter prior to notifying the contractor to complete the work. Mr.
Noble states both sides of Mearns Avenue have sidewalks and that
the east side is maintained by the Municipality and the west side
borders on Mrs. Rimes’ property and vacant land that does not
require a sidewalk. Mr. Noble is questioning why the sidewalk on the
west was constructed in the first place; and, is requesting to know
the cost for sidewalk snow clearing on the east side of
Mearns Avenue carried out by the Municipality.
Resolution #C-147-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D - 5 from Ben Noble, on behalf of
Mrs. Jaro Rimes, be received for information; and
THAT staff be requested to respond to the questions raised by Mr. Noble
regarding the sidewalk on the east side of Mearns Avenue
.
“CARRIED”
D - 6 Karen Bastas, Event Coordinator, Newcastle BIA, advising that the
st
Newcastle BIA will be hosting a pre-July 1 celebration on Saturday,
June 26, 2010 – “Canada – Then and Now” and requesting
permission to utilize the Newcastle and District Recreation Complex;
highlighting the day’s events and activities including a pancake
breakfast, bake sale, craft demonstrations, children’s games, a
historical walking tour, strawberry luncheon, ball hockey and bike
rodeo, music, family swimming, barbecue, entertainment, hot air
balloon rides and fireworks; and, requesting sponsorship of the
event.
Council Meeting Minutes - 22 - April 12, 2010
Resolution #C-148-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT that the request from the Newcastle BIA for permission to set off
st
fireworks on June 26, 2010 as part of their pre-July 1 celebration be approved
provided that the applicants apply for and obtain a Fire Works Permit from the
Municipal Clerk’s Department.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report March 29, 2010.
Resolution #C-149-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of March 29, 2010
be approved, with the exception of Items #9, #11, #12 and 14.
“CARRIED”
Item 9
Resolution #C-150-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report PSD-046-10 be received;
THAT Heritage Permit Application HP2010-01 for 36 Beech Avenue for a two storey
board and batten addition to 36 Beech Avenue be approved, with a pediment roofline
as shown in the elevations included in Attachment 3 to Report PSD-046-10; and
THAT all interested parties listed in Report PSD-046-10 and any delegations be
advised of Council's decision.
“CARRIED”
Council Meeting Minutes - 23 - April 12, 2010
Item 11
Resolution #C-151-10
Moved by Councillor Trim, seconded by Councillor Novak
THAT a report to the Committee on the Region of Durham’s delay of the Liberty Street
reconstruction not be proceeded with at this time.
“MOTION LOST”
Resolution #C-152-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT staff report back to the Committee on the Region of Durham’s delay of the
Liberty Street reconstruction.
“CARRIED”
Item 12
Resolution #C-153-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT Report CLD-004-10 be received;
THAT the request to amend the Exotic Pet By-law, By-law 93-161, to allow for raising
chickens on non-agriculturally zoned lands be denied,
THAT Emily Pillinger be advised that the Agricultural Advisory Committee meetings
are open to the public and she may make arrangements through the Planning
Services Department to address the Committee at any time; and
THAT all interested parties listed in Report CLD-004-10 be advised of Council’s
decision.
“CARRIED”
Item 14
Resolution #C-154-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report CLD-009-10 be received;
Council Meeting Minutes - 24 - April 12, 2010
THAT reduced hours of voting in institutions and retirement homes on Voting Day be
approved as follows:
Special Voting Location Hours of Voting
Whitecliffe Terrace Retirement Residence 11:00 am – 2:00 pm
Marnwood Lifecare Centre 10:00 am – 12:00 noon
Fosterbrooke Long-Term Care Facility 2:00 pm – 4:00 pm
Strathaven Lifecare Centre 10:00 am – 12:00 noon
Kingsway Arms 10:00 am – 12:00 noon
Lakeridge Health Bowmanville 10:00 am – 1:00 p.m.
and
THAT the draft by-law attached to Report CLD-009-10 be approved.
“CARRIED”
STAFF REPORT(S)
Resolution #C-155-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Report COD-008-10 be received; and
THAT Gerr Construction Limited, Courtice, Ontario, with a revised bid in the amount
of $1,999,800.00 being the lowest responsive bidder meeting all terms, conditions and
specifications of Tender CL2010-01, be awarded the contract for the Renovations for
Darlington Sports Centre, Hampton, Ontario at a total revised bid of $1,999,800.00,
plus GST;
THAT the expenditure in the total amount of $2,219,800.00 ($1,999,800.00 tender
plus contingency), be charged to the following accounts:
Account # 110-42-421-84267-7401 $1,847,800.00
Account – 110-42-421-84268-7401 (RinC) $372,000.00
THAT the additional funds required of $200,000.00 be drawn from the General
Municipal Purposes Reserve Fund; and
THAT the By-law attached to Report COD-008-10 marked Schedule “A” authorizing
the Mayor and the Clerk to execute the necessary agreement be approved.
“CARRIED”
Council Meeting Minutes - 25 - April 12, 2010
Resolution #C-156-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT Report COD-011-10 be received;
THAT the tender received from Black and Macdonald Limited, Stony Creek, Ontario,
being the lowest responsive bidder meeting all terms, conditions and specifications of
Tender CL2010-11, be awarded the contract for the Refrigeration Upgrade for Garnet
B. Rickard Recreation Complex, Bowmanville, Ontario at a total bid of $352,400.00,
plus GST; and
THAT the expenditure in the total amount of $387,400 ($352,400.00 tender plus
$35,000 contingency) be drawn from Account # 110-42-421-84258-7401.
“CARRIED”
Resolution #C-157-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report PSD-048-10 be received;
THAT the application submitted by D.G. Biddle & Associates on behalf ofPrestonvale
Road Land Corporation to remove the Holding (H) symbol be approved;
THAT the By-law attached to Report PSD-048-10 to remove the Holding (H) symbol
from Lots 39 to 41 be passed and a copy forwarded to the Regional Municipality of
Durham;
THAT a By-law be forwarded to Council for removal of the Holding (H) symbol from
Lots 50 to 53 at such time as the temporary Stormwater Management Pond has been
de-commissioned and a copy be forwarded to the Regional Municipality of Durham;
and
THAT all interested parties listed in Report PSD-048-10, any delegations and the
Regional Municipality of Durham Planning Department be advised of Council's decision.
“CARRIED”
Council Meeting Minutes - 26 - April 12, 2010
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-158-10
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS the Places to Grow Act, 2005 requires municipal official plans be
amended to implement the provisions of the Growth Plan for the Greater Golden
Horseshoe (Growth Plan) by June 16, 2009; and,
WHEREAS on March 23, 2009 Clarington Council passed a resolution requesting the
Ministry of Energy and Infrastructure and the Ministry of Municipal Affairs and Housing
grant an extension to the June 16, 2009 deadline for the Municipality of Clarington to
amend the Clarington Official Plan to conform with the Growth Plan to an appropriate
date following the approval, or resolution of any appeals, of an amendment to the
Durham Region Official Plan that implements the provisions of the Growth Plan; and,
WHEREAS on June 15, 2009 the Minister of Energy and Infrastructure granted the
Municipality a new deadline of June 16, 2010 for the Municipality to amend its official
plan to conform with the Growth Plan; and,
WHEREAS in June 2009 the Region of Durham adopted Regional Official Plan
Amendment 128 (ROPA 128) to implement the Growth Plan and forwarded it to the
Province for approval; and,
WHEREAS the Municipality of Clarington initiated the review of the Official Plan to
conform to the Growth Plan and ROPA 128 and has undertaken public consultation
and are in the process of reviewing the growth management and intensification
discussion papers; and
WHEREAS on March 12, 2010 the Province issued a draft decision on ROPA 128
proposing draft modifications to ROPA 128 to ensure conformity with the Growth Plan
and other applicable provincial plans and policies; and,
WHEREAS the draft Provincial decision has major implications for Clarington, as the
Province is requesting the deletion of two special study areas
(Council Resolution #C-222-10j in north Courtice, deletion of a proposed urban
expansion west of Newcastle Village, plus the deletion of proposed employment lands
in Courtice all adopted by Regional Council as part of ROPA 128, and
WHEREAS the Municipality cannot adopt an amendment to the Clarington Official
Plan to implement the Growth Plan, prior to the Region of Durham adopting an
amendment to their Official Plan that is acceptable to the Province; and
WHEREAS the notification requirements under the Planning Act now preclude the
ability of the Municipality to deliver prior to the June 16, 2010 deadline an amendment
to the Municipality's Official Plan to implement the Growth Plan; and,
Council Meeting Minutes - 27 - April 12, 2010
WHEREAS the 2010 municipal election will also affect the timing of approval of
amendments to the Clarington Official Plan; and,
WHEREAS other Durham municipalities will have the same difficulties with regard to
implementation of the Growth Plan;
THEREFORE BE IT RESOLVED THAT:
1. THAT due to the unknown timing for the Province’s final decision on ROPA
128, the Council of the Municipality of Clarington requests the Ministry of
Energy and Infrastructure and the Ministry of Municipal Affairs and Housing
grant an extension to the June 16, 2010 deadline for the Municipality of
Clarington to amend the Clarington Official Plan to conform with the Growth
Plan to June 10, 2011; and,
2. THAT a copy of the Council resolution be forwarded to the Ministry of Energy
and Infrastructure and the Ministry of Municipal Affairs and Housing; and,
3. THAT a copy of the Council resolution be forwarded to the Regional
Municipality of Durham and the Durham Region area municipalities for
information.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-159-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-067-09 be further tabled to the Council meeting of July 12, 2010.
“CARRIED”
Resolution #C-160-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the resolution regarding a recall mechanism of appointment of Regional Chair
be lifted from the table.
“CARRIED”
Council Meeting Minutes - 28 - April 12, 2010
Resolution #C-161-10
Moved by Councillor Foster, seconded by Councillor Woo
WHEREAS the position of Regional Chair for the Region of Durham will not be subject
th
to an election at large in the October 25, 2010 Municipal Election;
WHEREAS the position will be appointed for at least the 2010-2014 term; and
WHEREAS Durham Region’s Procedural By-law is silent on the issue of Durham
Region’s Council’s ability to recall the Regional Chair;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington request
that the Region of Durham amend its Procedural By-law to assure accountability of
any appointed Regional Chair by providing Durham Region Council with an
appropriate recall mechanism and that this motion be forwarded to Durham Region
Council and Durham Region Municipalities for endorsement.
“MOTION LOST ON THE FOLLOWING
RECORDED VOTE”:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
BY-LAWS
Resolution #C-162-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2010-026 to 2010-038;
2010-026 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (F & I
Gateway Investments Inc.)
2010-027 Being a by-law to adopt Amendment No. 71 to the Clarington
Official Plan
Council Meeting Minutes - 29 - April 12, 2010
2010-028 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
2010-029 Being a By-law to authorize entering into an Agreement with the
Owner(s) of the Draft Plan of Subdivision S-C-2003-001, any
Mortgagee who has an interest in the said Lands, and the
Municipality of Clarington, in respect of S-C-2003-001
2010-030 Being a by-law to adopt Amendment No. 72 to the Clarington
Official Plan
2010-031 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Nancy Mallette)
2010-032 Being a by-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Dominick Forsellino)
2010-033 Being a By-law to provide for reduced hours of voting in
institutions and retirement homes on Voting Day
2010-034 Being a By-law to amend By-law 2007-227, to govern the
proceedings of the Council of the Municipality of Clarington, its
General Purpose and Administration Committee and Special
Committees
2010-035 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Pencon Construction Canada
Corp., Toronto, Ontario to enter into agreement for the Sidewalk
Rehabilitation, Various Locations
2010-036 Being a By-law to authorize the execution by the Mayor and Clerk
of an Agreement between the Corporation of the Municipality of
Clarington and Kobes Nursery Wholesale Hampton, Ontario for
the installation of the dry hydrant and drawing of water from pond
at 6878 Regional Road 57, Hampton, Ontario
2010-037 Being a By-law to authorize a contract between the Corporation of
the Municipality of Clarington and Gerr Construction Limited,
Courtice, Ontario, to enter into agreement for the Renovations for
the Darlington Sports Centre
2010-038 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning by-law for the Corporation of the former Town of Newcastle
(Prestonvale Road Land Corporation)
Council Meeting Minutes - 30 - April 12, 2010
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
Resolution #C-163-10
Moved by Councillor Novak, seconded by Councillor Woo
THAT Laurie Swami, Director of Licensing & Environment, Darlington New Nuclear
Project, Ontario Power Generation, be thanked for her presentation on New Nuclear
at Darlington.
“CARRIED”
Resolution #C-164-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Craig Bartlett. Manager of Waste, Region of Durham, be thanked for his
presentation on the Region’s Draft Waste Management By-law.
“CARRIED”
Resolution #C-165-10
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Amy Burke, Chair of the Living Green Community Advisory Committee be
thanked for her presentation;
THAT the Draft Green Community Strategy as prepared by the Living Green
Community Advisory Committee be released to the public for review and comment;
THAT the Green Community Strategy be finalized including consideration of
comments received through the public consultation phase; and,
THAT the Living Green Community Advisory Committee finalize the Green
Community Strategy and present it at the June 28, 2010 Council meeting.
“CARRIED”
Council Meeting Minutes - 31 - April 12, 2010
Resolution #C-166-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT the delegation of Louis Bertrand, with respect to Report CLD-004-10 - Urban
“Backyard” Chicken Farming, be received with thanks.
“CARRIED”
NOTICE OF MOTION
There were no Notices of Motion considered under this Section of the Agenda.
OTHER INFORMATION
Councillor Robinson indicated that he has heard that the Bowmanville Eagles, Junior
‘A’ Hockey Team may not be using the Garnet B. Rickard Recreation Complex
beginning this fall. The Director of Community Services advised he is aware of the
rumours regarding realignment of the Ontario Hockey Association but is not aware of
anything official at this point. He has however, received notification from the team’s
management that they would not be requiring spring and summer ice time. He further
indicated that it would not be a problem to reallocate their ice time to a number of
groups and that once the information has been confirmed, staff will reassess the
situation.
Mayor Abernethy provided highlights of the meeting he, Franklin Wu, Ron Albright and
Carlo Pellarin had with the Honourable Brad Duguid, Minister of Energy and
Infrastructure on March 29, 2010. Mayor Abernethy stated the objective of the
meeting was to meet informally with the Minister and his staff to begin a working
relationship with them. Mayor Abernethy stated Minister Duguid was very interested
and surprised with the number of infrastructure projects being undertaken in the
Municipality and was impressed with the presentation by the Clarington delegates.
Mayor Abernethy felt the meeting was very positive and that Minister Duguid was
genuinely sincere about the Province’s commitment to the projects and his interest in
moving them forward.
CONFIRMING BY-LAW
Resolution #C-167-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2010-039, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 12 day of April, 2010; and
Council Meeting Minutes - 32 - April 12, 2010
THAT the said by-law be now read a first, second and third time and finally approved.
"CARRIED"
ADJOURNMENT
Resolution #C-168-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 10:12 p.m.
"CARRIED"