HomeMy WebLinkAbout04/26/2010•
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Energizing Ontario
DATE: MONDAY, APRIL 26, 2010
TIME: 7:00 P.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
ANNOUNCEMENTS
ADOPTION OF MINUTES OF PREVIOUS MEETINGS
Minutes of a regular meeting of Council held April 12, 2010
PRESENTATIONS
There are no Presentations scheduled for this meeting.
DELEGATIONS (List as of Time of Publication)
a) Tom Rees, The Biglieri Group -Report PSD-049-10 to Permit the
Construction of a Golf Driving Range and Accessory Uses (Unfinished
Business # 1)
PUBLIC MEETING - BY-LAW TO SUBMIT A QUESTION TO THE ELECTORS
In accordance with Section 8.1(3) of the Municipal Elections Act, a public meeting is
being held to consider the passage of a by-law to place the following question on the
October 25, 2010 municipal election ballot:
Should the Council of the Municipality of Clarington approve the following
resolution:
THAT the Government of Ontario make a regulation requiring that the Chair of
the Regional Municipality of Durham be elected by general vote.
YES NO
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Council Agenda - 2 - April 26, 2010
COMMUNICATIONS
Receive for Information
I - 1 Minutes of the Task Force for Attracting Higher Education Facilities dated
March 4, 2010
I - 2 Minutes of the Central Lake Ontario Source Protection Authority dated
March 23, 2010
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee
dated April 13, 2010
I - 4 Minutes of the Clarington Accessibility Advisory Committee dated April 7, 2010
I - 5 Gord Lee, Chair, Arena Management Committee, Newcastle Memorial Arena
Management Board - Letter of Appreciation
I - 6 Victoria Kehoe, Executive Director, Distress Centre Durham - Letter of
Appreciation
I - 7 Cheri Smith, Manager, Resource Development & Special Events, The
Clarington Project, Community Living -Letter of Appreciation
I - 8 Wayne Robbins, Chief Nuclear Officer, Ontario Power Generation, (OPG) -
Nuclear Investment in Durham
I - 9 Debi A. Wilcox, Town Clerk, Town of Whitby -Direct Election of the Regional
Chair
I - 10 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of Ajax -
Drinking Water Source Protection EBR Posting: Comment on Draft Regulation
for Source Protection Plans
I - 11 Nestor Chornobay, Director, Strategic Planning Branch, Region of Durham -
Monitoring Growth Trends
I - 12 Sandra Kranc, City Clerk, City of Oshawa -Regional Integrity Commissioner
I - 13 Sandra Kranc, City Clerk, City of Oshawa ~- Ballot Question -Election of
Regional Chair
I - 14 Ken Nash, President, Nuclear Waste Management Organization (NWMO) -
2009 Annual Report and Five-Year Strategic Plan
I - 15 Greg Ashbee, P.Eng., Manager, Infrastructure Expansion Planning, Metrolinx -
Notice of Study Completion -East Regional Bus Maintenance and Storage
Facility
Council Agenda - 3 - April 26, 2010
I - 16 Scott Lewis, Communications Manager, Canada Post Corporation -Rural Mail
Safety Review -Orono
Receive for Direction
D - 1 Orono BIA -Request for Road Closure for Annual Antiques and Art Street
Festival and Annual Chili Cook-off
D - 2 David Staples, Parade Chairman, Durham Central Fair (Orono) -Elementary
School Parade and Fair Parade
D - 3 Larissa Gabriel, Administrative Assistant, The Canadian Hearing Society -
Request for Proclamation of "Hearing Awareness Month"
D - 4 Udana Muldoon, Public/Media Relations, Pride Durham Volunteer Committee -
Request for Proclamation of "PRIDE Week"
D - 5 Philip Smith -Process Regarding Appeal of Muzzle and Control Order Hearing
D - 6 Paul Slemon - 2010 Terry Fox Run
D - 7 Georg Krohn -Resignation from the Clarington Traffic Management Advisory
Committee
D - 8 Darlene Joslin, Chair, June as Recreation and Parks Month (JRPM) -Request
for Proclamation of "Recreation and Parks" Month
D - 9 Debbie Shields, City Clerk, City of Pickering -Administration of the Provincial
Offences Act (POA)
D - 10 Kim Coates, Clerk, Township of Scugog -Municipal Council -Length of Term
D - 11 Kim Coates, Clerk, Township of Scugog -Direct Election of the Regional Chair
D - 12 Sandra Kranc, City Clerk, City of Oshawa -Public Sector Salary Disclosure Act
D - 13 Sandra Kranc, City Clerk, City of Oshawa -Impact on Property Values of Green
Initiative Renovations
COMMITTEE REPORT(S)
1. General Purpose and Administration Committee Report of April 19, 2010
Council Agenda - 4 - April 26, 2010
STAFF REPORT(S)
Report COD-015-10 -Tender No. CL2009-41, Fuel Tank Requirements at
Various Locations -Soil Remediation
BUSINESS ARISING FROM NOTICE OF MOTION
UNFINISHED BUSINESS
Report PSD-049-10 -Application to Permit the Construction of a Golf Driving
Range and Accessory Uses (Tabled to Council by General Purpose and
Administration Committee on April 19, 2010)
2. Report FND-009-10 -Tax Office -Change of Ownership Fee (Tabled to
Council by General Purpose and Administration Committee on April 19,
2010)
BY-LAW S
NOTICES OF MOTION
OTHER INFORMATION
CONFIRMING BY-LAW
ADJOURNMENT
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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 wilt 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 aribbon-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.
On Saturday, April 10, 2010, he, along with Councillor Trim, attended the 21St
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
on May 18th 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(c~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 ltemsl-1, I-9, I-17and 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."
a - 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 the Minutes 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) atone 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 Ptans (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:
Decisions are properly documented in case of appeals
or other legal actions; and
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 aone-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 HopeT"" Campaign Assistant, Child
Find Ontario, advising 2010 is the 19th Annual Green Ribbon of
HopeT"" Campaign, a campaign developed by the studen#s 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, apet-
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
Newcastle BIA will be hosting apre-July 1St 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
fireworks on June 26, 2010 as part of their pre-July 1St 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:
'S ecial Votn Location Hours of Votin
Whitecliffe Terrace Retirement Residence 11:00 am -2:00 m
Marnwood Lifecare Centre 10:00 am - 12:00 noon
Fosterbrooke Lon -Term Care Facilit 2:00 m - 4:00 m
Strathaven Lifecare Centre 10:00 am - 12:00 noon
Kin swa Arms 10:00 am - 12:00 noon
Lakerid a Health Bowmanville 10:00 am - 1:00 .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 of Prestonvale
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 policy areas 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:
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
to an election at large in the October 25th, 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
Pecunia Interest Absent
Councillor Foster
Councillor Hoo er
Councillor Novak
Councillor Robinson
Councillor Trim
Councillor Woo
Ma or Aberneth
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
on the 12th 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"
MAYOR
MUNICIPAL CLERK
DRAFT LIST OF DELEGATIONS
April 26, 2010
a) Tom Rees, The Biglieri Group -Report PSD-049-10 to Permit the
Construction of a Golf Driving Range and. Accessory Uses
(Unfinished Business # 1)
SUMMARY OF CORRESPONDENCE
April 26, 2010
CORRESPONDENCE TO BE RECEIVED FOR INFORMATION
I - 1 Minutes of the Task Force for Attracting Higher Education Facilities
dated March 4, 2010. (Copy attached)
I - 2 Minutes of the Central Lake Ontario Source Protection Authority
dated March 23, 2010. (Copy attached)
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated April 13, 2010. (Copy attached)
I - 4 Minutes of the Clarington Accessibility Advisory Committee dated
April 7, 2010. (Copy attached)
I - 5 Gord Lee, Chair, Arena Management Committee, Newcastle
Memorial Arena Management Board, thanking Council for providing
the Board with a $2,500 grant which will be put to good use towards
arena improvements.
I - 6 Victoria Kehoe, Executive Director, Distress Centre Durham, thanking
Council for the donation of $1,000 towards their Adolescent Suicide
Awareness Program and for the municipality's continued support
which helps the centre continue to provide services and programs to
those in need in Durham Region.
I - 7 Cheri Smith, Manager, Resource Development & Special Events, The
Clarington Project, Community Living, thanking Council for providing
the Clarington Project with $1,000 from the 2010 Municipal Grant
program enabling Community Living members to continue to provide
the highest quality of life possible for people with intellectual
disabilities by creating opportunities for inclusion, citizenship,
acceptance and partnership.
I - 8 Wayne Robbins, Chief Nuclear Officer, Ontario Power Generation,
(OPG) forwarding a fact sheet on OPG's two-part Nuclear Investment
Strategy in Durham announcing that OPG will proceed with the
detailed planning phase for the mid-life refurbishment of the
Darlington Nuclear station and indicating that OPG plans to invest
approximately $300 million in the continued safe and reliable
performance of the Pickering B station for about ten years. In
addition, OPG will continue the planning and regulatory work for the
construction and operation of new nuclear units at the Darlington site.
Summary of Correspondence - 2 - April 26, 2010
Further information on the strategy is available by contacting Vanessa
Hughes in the Darlington Information Centre at 905-623-6670, ext
7443 or Don Terry in the Pickering Community at 905-839-1151, ext.
5966.
I - 9 Debi A. Wilcox, Town Clerk, Town of Whitby, writing to P. Madill,
Regional Clerk, Region of Durham, advising that on March 29, 2010,
the Town of Whitby adopted the following resolution pertaining to
Direct Election of the Regional Chair:
"1. THAT Report CS 13-10 of the Director, Corporate
Services/Treasurer be received for information;
2. THAT Corr. 09-10 from the Municipality of Clarington dated
February 16, 2010 and included as Attachment #1 be received
for information;
3. THAT Corr. 10-10 from the City of Pickering dated
February 18, 2010 and included as Attachment #2 be received
for information;
4. THAT Corr. 11-10 from the City of Pickering dated
February 18, 2010 and included as Attachment #3 be received
for information;
5. THAT in the event the Region. proceeds with a question on the
ballot, that the Town hereby requests that a public
communications plan be developed in order to ensure the
electors are well informed about the question on the ballot;
and
6. FURTHER, THAT based on the resolution of Regional Council
on March 10, 2010 that no further action be taken and that the
Region and area municipalities be so advised."
I - 10 Blair Labelle, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the Honourable Jim Prentice, Minister of the
Environment, advising that on March 29, 2010, the Town of Ajax
adopted the following resolution pertaining to Drinking Water Source
Protection EBR Posting: Comment 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;
Summary of Correspondence - 3 - April 26,.2010
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 pathogenic 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;
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;
Summary of Correspondence - 4 - April 26, 2010
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,
Summary of Correspondence - 5 - April 26, 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-
watertechnologies; and,
ii) provide sufficient funding to enable the purchase,
installation, monitoring and upgrading of clean-
watertechnologies 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,
Summary of Correspondence - 6 - April 26, 2010
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;
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 - 11 Nestor Chornobay, Director, Strategic Planning Branch, Region of
Durham, forwarding for information a copy of Report 2010-P-21 of the
Commissioner of Planning with respect to Monitoring Growth Trends.
I - 12 Sandra Kranc, City Clerk, City of Oshawa, writing to Debbie Shields,
City Clerk, City of Pickering, advising that on April 6, 2010, Oshawa
City Council adopted the following resolution of the Finance and
Administration Committee pertaining to a Regional Integrity
Commissioner:
"1. THAT pursuant to City Council Referral FA-10-104 the City of
Oshawa endorse the City of Pickering's motion requesting the
Region of Durham retain an Integrity Commissioner to serve
the Region of Durham and area municipalities; and,
Summary of Correspondence - 7 - .April 26, 2010
2. The Region of Durham be advised the City of Oshawa will
accept its share of the cost on aper-use basis."
I - 13 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
April 6, 2010, Oshawa City Council received and filed
correspondence dated March 23, 2010, from the Municipality of
Clarington pertaining to Ballot Question -Election of Regional Chair.
I - 14 Ken Nash, President, Nuclear Waste Management Organization
(NWMO) forwarding a copy of the Nuclear Waste Management
Organization's Annual Report for 2009, Moving Forward Together,
Canada's plan for the long-term management of used nuclear fuel,
and a copy of ImpEementing Adaptive Phased Management 2010 to
2014, their annual five-year strategic Plan presenting highlights of
their work program in seven key areas, and proposed activities to
support continued progress; and, welcoming Council's views on the
contents of the Annual Report and Implementation Plan.
I - 15 Greg Ashbee, P.Eng., Manager, Infrastructure Expansion Planning,
Metrolinx, forwarding the Notice of Study Completion for the East
.Regional Bus Maintenance and Storage Facility Class Environmental
Assessment and Preliminary Design Study; indicating based on the
review of alternatives and consultation with stakeholders and
agencies, the preferred potential location for the bus maintenance
and storage facility has been proposed for 1002 Thornton Road
South, Oshawa; advising that the Environmental Study Report (ESR)
will be placed on public record for a duration of 45 calendar days from
April 21 until June 7, 2010 and an electronic copy will be available at
gotransit.com under the Expansion Projects. Paper copies will be
available for viewing only at several locations within-the study area
including Oshawa City Hall, Whitby Town Hall, City of Oshawa Public
Library, McLaughlin Branch and GO Transit.
I - 16 Scott Lewis, Communications Manager, Canada Post Corporation,
advising that as part of Canada Post's ongoing commitment to ensure
the safety of employees, customers and the general public, Canada
post representatives will be conducting traffic safety assessments on
all rural mail boxes in the country using a comprehensive traffic safety
assessment tool; advising that a review of rural mailboxes in Orono
will commence the week of April 19, 2010; indicating that customers
on Orono delivery routes will be informed prior to the assessment and
will be notified of the results; and, advising that it is Canada Post's
intention to maintain delivery to these rural mailboxes whenever
possible and will only modify customer delivery modes as a last
resort.
Summary of Correspondence - 8 - April 26, 2010
CORRESPONDENCE FOR DIRECTION
D - 1 Orono BIA requesting the closure of Main Street between
Centreview Street and Park Street on August 14, 2010, from
9:00 a.m. until 5:00 p.m. for the Annual Antiques and Art Street
Festival and on Saturday, September 25, 2010, from 9:00 a.m. until
5:00 p.m. for the Chili Cook-Off.
(Motion to approve provided the
organizers apply for and obtain a
Road Occupancy Permit from the
Engineering Services Department)
D - 2 David Staples, Parade Chairman, Durham Central Fair (Orono)
requesting permission to hold the Elementary School Parade on
Friday, September 10, 2010 and the Fair Parade on Saturday,
September 11, 2010; forwarding the map routes including beginning
and ending times; and, indicating that proof of insurance coverage
with the Municipality of Clarington and the Region of Durham as
additional insured in the amount of $2 million will be provided.
(Motion to approve provided the
organizers apply for and obtain a
road occupancy permit from the
Engineering Services Department)
D - 3 Larissa Gabriel, Administrative Assistant, The Canadian Hearing
Society, requesting that the month of May be proclaimed as "Hearing
Awareness Month" in order to promote public understanding and
awareness of the needs of culturally deaf, oral deaf, deafened and
hard of hearing Canadians and to emphasize the importance of
protecting our hearing.
(Motion to Proclaim)
D - 4 Udana Muldoon, Public/Media Relations, Pride Durham. Volunteer
Committee, requesting the week of June 6 to 13, 2010 be proclaimed
as "PRIDE Week" in support of the fight against homophobia; and,
requesting permission to fly the Rainbow Flag, the international
symbol of gay, lesbian, bisexual, transgender and transsexual
communities during the week.
(Motion to Proclaim and permission be
granted to fly the Rainbow Flag)
Summary of Correspondence - 9 - April 26, 2010
D - 5 Philip Smith outlining the process regarding the Appeal of a Muzzle
and Control Order placed on an unleashed dog who attacked his
leashed dogs on December 21, 2009; indicating that the process is
flawed in that he was not provided sufficient notice to enable him to
attend the Appeal Hearing and as such the Muzzle and Control
Order was quashed; and, suggesting that Council explore improving
the by-law appeal process to ensure that this type of situation is not
repeated. Mr. Smith is also requesting a copy of the minutes of the
appeal hearing.
(Motion to refer correspondence to
the Municipal Clerk)
D - 6 Paul Slemon, Hands in Motion, Massage Therapy & Sports Injury
Clinic, requesting permission to stage the 2010 Terry Fox Run on
Sunday, September 19, 2010, and requesting to hang the Terry Fox
Run/Walk banner at the west end of Bowmanville at the railway
bridge; indicating the routes, insurance and police coverage will be
the same as last year; and that the only road closure will be Liberty
Street South of Memorial Park to Baseline Road and Baseline Road
at Liberty Street East to Lambs Road to Highway #2.
(Motion to approve provided the
organizers apply for and obtain a
road occupancy permit from the
Engineering Services Department
and approval to install banner and to
advise Veridian)
D - 7 Georg Krohn tendering his resignation from the Clarington Traffic
Management Advisory Committee due to personal time constraints
and extending best wishes to the Committee.
(Motion to receive correspondence
with regret and refer to the Municipal
Clerk)
D - 8 Darlene Joslin, Chair, June as Recreation and Parks Month (JRPM),
forwarding materials to help promote the benefits of recreation and
parks within Ontario; indicating that JRPM is re-affirming. its
commitment to highlight the opportunities and values to participating
in recreation, parks and the great outdoors and that communities that
support this approach become "Community Ambassadors" enclosing
information and resources to assist the Municipality in remaining
involved; and, requesting that the month of June be proclaimed
"Recreation and Parks" Month.
(Motion to Proclaim)
Summary of Correspondence - 10 - April 26, 2010
D - 9 Debbie Shields, City Clerk, City of Pickering, writing to P. Madill,
Regional Clerk, Region of Durham, advising that on March 29, 2010,
the City of Pickering adopted the following resolution pertaining to
Administration of the Provincial Offences Act (POA):
"WHEREAS the Regional Municipality of Durham is responsible for
the Intermunicipal Service Agreement (MSA) and the administration
of the Provincial Offences. Act (POA); and
WHEREAS the revenues from POA's received by the lower tier
municipalities have been decreasing; and
WHEREAS revenue sources outside of the property tax base are
essential to municipalities to control property tax increases; and
WHEREAS the current weight assessment is 60% revenues
distributed to lower tier municipalities and 40% of revenues
distributed to Durham Region. However with the declining POA
revenues perhaps the weight assessment should be reviewed and
an assessment of 70% of revenues to lower tier municipalities and
30% of revenues to Durham Region be established; and
NOW THEREFORE BE IT RESOLVED the Council for the City of
Pickering request that the Region of Durham provide a detailed
investigation into the declining POA revenues and provide this report
to all Durham .Regional municipalities; and
THAT a copy of this resolution be forwarded to all Durham Region
municipalities for endorsement and that this be circulated to Durham
Regional Council once area municipalities have been able to make
formal comments.
(Motion for Direction)
D - 10 Kim Coates, Clerk, Township of Scugog, advising Council that on
March 29, 2010, the Township of Scugog adopted a resolution
requesting support from area municipalities within Durham Region to
identify the feasibility of changing the Municipal Council term back to
three years.
(Motion for Direction)
D - 11 Kim Coates, Clerk, Township of Scugog, advising Council that on
March 29, 2010, the Township of Scugog adopted the following
resolution pertaining to Direct Election of the Regional Chair:
Summary of Correspondence - 11 - April 26, 2010
"THAT a copy of Correspondence #246-10, the legal opinion
provided by Loopstra Nixon regarding the Direct General Election of
Regional Chair -Question for Election Ballot be forwarded to the
Region of Durham as Scugog's comments regarding the intention to
pass a by-law to submit a question to the electors and to local
municipalities within Durham requesting their support and to the
Minister of Municipal Affairs for information."
A copy of the correspondence has been included with the Agenda.
(Motion for Direction)
D - 12 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable
Dalton McGuinty, Premier of Ontario, advising that on April 6, 2010,
Oshawa City Council adopted the following resolution pertaining to
the Public Sector Salary Disclosure Act:
"WHEREAS the Public Sector Salarv Disclosure Act, commonly
known as the Sunshine List, requires organizations that receive
public funding from the Province of Ontario to disclose annually the
names, positions, salaries and total taxable benefits of employees
paid $100,000 or more annually; and,
WHEREAS City Councils have an obligation and responsibility to
advocate other levels of government on behalf of their constituents
where issues affect them and their level of taxation directly; and
WHEREAS the.section listing municipal salaries shows no salary in
excess of $325,000; and,
WHEREAS numerous salaries over $325,000 are listed in other
sections of the list; and,
WHEREAS many citizens in Ontario feel that employees on this
Public Sector list earning $325,000 and more annually is excessive;
THEREFORE BE IT RESOLVED THAT the Council of the City of
Oshawa requests the Premier of the Province of Ontario to enact
legislation that would create a salary cap of $325,000 to all
individuals in the employment of the Public Sector who fall under the
parameters of this Act; and,
Summary of Correspondence - 12 - April 26, 2010
THAT a copy of this resolution be forwarded to the Regional
Municipality of Durham, the Association of Municipalities of Ontario,
Oshawa Metro Area MPP's, and all Ontario municipalities with a
population of 50,000 or more."
(Motion for Direction)
D - 13 Sandra Kranc, City Clerk, City of Oshawa, writing to the Honourable
Dwight Duncan, Minister of Finance and to the Municipal Property
Assessment Corporation, advising that on April 6, 2010, Oshawa City
Council adopted the following resolution of the Finance and
Administration Committee pertaining to Impact on Property Values of
Green Initiative Renovations:
"WHEREAS. all home owners should be encouraged to renovate their
homes utilizing 'Green Initiatives' for the betterment of the environment;
and,
WHEREAS `Green Initiatives' stimulate the economy and create jobs;
and,
WHEREAS residents should not be penalized by having their
properties increase in value for being environmentally mindful;
THEREFORE BE IT RESOLVED, the Province of Ontario and
Municipal Property Assessment Corporation (MPAC) be requested to
investigate how property values are increased and establish a program
where renovating homes utilizing `Green Initiatives' does not increase
the property assessment of the home; and,
THAT a copy of this resolution be sent to MPAC, the Association of
Municipalities of Ontario, Durham MPP's, the Region of Durham and
local area municipalities."
(Motion for Direction)
Task Force for Attracting Higher Education Facilities
Minutes of Meeting
Thursday, March 4, 2010 at 7:30 a.m.
Meeting Room lA
Present Were: Paul Halliday
Deborah Patrick
Dorcas Gordon (Left meeting at 8:45 a.m.)
Valentine Lovekin
Staff: Faye Langmaid, Manager of Special Projects, Planning Services
Linda Coutu, Executive Assistant to the Mayor
Regrets: Mayor Jim Abernethy
Pierre Tremblay
Bill Humber
Special .Guest: Dr. Ron Stead, Holburn BioNledical Corporation
Valentine Lovekin chaired the meeting.
1. ADOPTION OF MINUTES
I-1
Moved by Dorcas Gordon, seconded by Deborah Patrick that the minutes of the meeting held on
January 21, 2010, be approved.
"CARRIED"
2. ADOPTION OF REPORT
Valentine Lovekin suggested that the committee adopt the Interim Report which was presented
to the General Purposed & Administration Committee meeting on February 1, 2010.
Moved by Paul Halliday, seconded by Dorcas Gordon that the Interim Report be approved.
"CARRIED"
Paul Halliday gave an overview of the Interim Report in order for Dr. Stead to familiarize
himself with the Committee's mandate and accomplishments to date.
SPECIAL GUEST, DR. RON STEAD, HOLBURN BIOMEDICAL CORPORATION
Dr. Stead provided the committee members with a detailed overview of Holburn BioMedical
Corporation and the facility located on Bennett Road. Dr. Stead continued by advising of his
discussions with UOIT pertaining to UOIT's space requirements for their Health Sciences
Program. The Holburn facility consists of general lab areas as well as "clean rooms" which are
defined as a high standard sterile lab.
Dr. Stead elaborated on the partnership between Holburn, Lakeridge Health and UOIT and
advised that a Letter of Intent had been signed and a business plan has been prepared. The
business plan is focused on a Centre of Excellence (in pathology) at the Holburn facility,
including expansion on the 50 acres of land that Holburn ow}~s surround the present facility. Dr.
Stead continued his presentation by advising that some recent staffing changes at Lakeridge
Health have slowed down negotiations while new staff is brought up to date.
Concurrently, a portion of the Holburn building has been leased to a private laboratory, Gamma
Dyna Care. 25% of all laboratory testing in Ontario is by Gamma Dyna Care. Gamma Dyna
Care is interested in expanding the partnership with UOIT and has been successful in getting one
course into UOIT curriculum.
Dr. Stead was thanked for his presentation and stayed at the meeting to participate in a question
period and further discussion.
Discussion ensued pertaining to the advantages and disadvantages for students if a UOIT
medical laboratory program was held at the Holburn facility. Some of the challenges facing the
Bennett Road location are transportation issues and land servicing issues. It was also mentioned
that remote operations do not provide the same level of student services as the main campus and
it comes at a higher cost.
Faye Langmaid advised that there are other sites that the committee members may not be aware
of and she offered to prepare a presentation of these sites for the next meeting.
Paul Halliday suggested that the committee invite Mr. Brian Desbiens, Retired President of Sir
Sandford Fleming College, to the next meeting. Mr. Desbiens maybe able to share his
experience from the College's business perspective on how expansion decisions are made and
what satellite campuses in different communities means from the educational institution's
perspective.
Dr. Stead commented that, although his presentation was focused on health sciences, it might be
more logical for the committee to focus on energy related programs in support of the OPG New
Build at Darlington and the Energy from Waste facility.
Deborah Patrick suggested that Frank Gerencser, President of TriOS College, be invited as a
guest speaker at a future meeting.
4. NEXT MEETING(S)
Dorcas Gordon volunteered to Chair the next meeting.
Paul Halliday agreed to contact Dr. Brian Desbiens.
Deborah Patrick agreed to contact Frank Gerencser.
Faye Langmaid agreed to prepare a presentation on potential sites.
ADJOURNMENT
The meeting adjourned at 9:10 a.m.
MINUTES N0.4
FOURTH CLOSPA MEETIIN~1G
~1~~~~~~F'M lt~~~~~
ESTABLISHED BY THE CENTRAL LAKE ONTARIO
CONSERVATIONAUTHORITYPURSUANT TO THE
REQUIREMENTS AND PROVISIONS OF THE CLEAN WATER ACT, 2006
AND ITS ACCOMPANYING REGULATIONS
Tuesday, March 23 X010 - 5.00 p m
MEETING LOCATION: 100 WHITING AVENUE, OSHAWA
AUTHORITY'S MAIN BOARDROOM
Present: R. Johnson, Chair
G. Emm, Vice Chair
DISTRIB TION
REVIEWED BY
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'NCIL COUNCIL O FILE
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MUNICIPAL CLERK'S FILE AO i c ~
S. Crawford
A. Cullen
J. Drumm
A. Foster
J. Gray
R. Hooper
J. Neal
B. Nicholson
M. Novak
M. Pearce
P. Perkins
J.R. Powell, Chief Administrative Officer
D. White, Director, Corporate Services
H. Brooks, Director, Watershed Planning & Natural Heritage
G. Geissberger, Marketing & Communications Coordinator
P. Sisson, Director, Engineering & Field Operations
G. SooChan, Director, Groundwater
M. Stauffer, Administrative Assistant/Recording Secretary
S. Self, CTC Source Protection Committee
Absent: D. Mitchell
M. Hrynyk, General Superintendent
P. Lowe, Director, Watershed Stewardship &Community Outreach
CALL TO ORDER - G. Emm called the meeting to order at 5:00 p.m.
DECLARATIONS of interest by members on any matters herein contained -NONE
ADOPTION OF MINUTES
Res. #14 Moved by A. Foster
Seconded by M. Novak
i-z
THAT the minutes of June 23, 2009 (attached as Schedule 3-I & 3-2) be adopted.
CARRIED
CENTRAL LAKE ONTARIO SOURCE PROTECTION :AUTHORITY
MEETING N0.4 i~~IINUTES -MARCH 23, 2010 -PAGE 2
CORRESPONDENCE
(1) Correspondence liom Susan Self, Chair, CTC Source Protection Committee (attached as Schedule 5- l to ~-4)
Re: CTC Chair's Quarterly Report to Central Lake Ontario Source Protection Authority
Res. #l5 Moved by J. Gray
Seconded by J. Drumm
TH,4T CLOSPA receives this report as the 2"~ Chair's Quarterly Report from the CTC Source Protection
Committee.
CARRIED
DELEGATION -Susan Self, Chair. CTC Source Protection Committee and Gayle SooChan made a presentation to the
Board of Directors (attached as Schedule 4-1 to 4-13).
P. Perkins, S. Crawford, R. Johnson arrived at 5:10 p.m.
DIRECTOR, GROUNDWATER RESOURCES
.lam r., .,._ ..f _ __ _.!
(1) Staff Report #SP005-10 (attached as Schedule 6-1, dated March 23, 201x)
CTC Source Water Protection - CLOSPA Draft Assessment Report
Res. # 16 Moved by S. Crawford
Seconded by B. Nicholson
THAT Staff Report #SP005-10 be received for information.
CARRIED
J. Drumm was excused at 5:20 p.m.
MUNICIPAL AND OTHER BUSINESS
ADJOURNMENT
Res. #17 Moved by B. Nicholson
Seconded by A. Cullen
THAT the meeting adjourn.
CARRIED
r
The meeting adjourned at 5:42 p.m.
ESTABLISHED BY THE CENTRAL LAKE ONTARIO
CONSER VA TION A UTHORITY PURSU,4NT TO THE
REQUIREMENTS AND PROVISIONS OF THE CLEAN WATER ACT,1006
.AND ITS ACCOMPANYING REGULATIONS
Tuesday. June 23.2009 - 5.00 p m
MEETING LOCATION: 100 WHITING AVENUE, OSHAWA
AUTHORITY'S MAIN BOARDROOM
Present: G. Emm, Chair
R. Johnson, Vice Chair
S. Crawford
J. Drumm
A. Foster
R. Hooper
D. Mitchell
J. Neal
M. Novak
M. Pearce
P. Perkins
J.R. Powell, Chief Administrative Officer
D. White, Director, Corporate Services
H. Brooks, Director, Watershed Planning & Natural Heritage
G. Geissberger, Marketing & Communications Coordinator
R. Hersey, Director, Development Review & Regulation
M. Hrynyk, General Superintendent
P. Lowe, Director, Watershed Stewardship &Community Outreach
P. Sisson, Director, Engineering & Field Operations
G. Soo Chan, Director, Groundwater
M. Staut)'er, Administrative Assistant/Recording Secretary
Absent: A. Cullen
J. Gray
B. Nicholson
C:~LL 'CU ORDER - G. Emm called the meeting to order at 5:05 p.m.
DN:CL:11tA'fIONS of interest by members on any matters herein contained -NONE
:1UUPTIUN OF MINUTES
Rcs. I) I 0 Moved by J. Drumm
Seconded by M. Pearce
THAT the minutes of November I8,1008 (Schedule 3-1 to 3-1) be adopted
CARRIED
~I I N U T E S N O. 3 Schedule 3-1 of CLOSPA, March 23, 201
THIRD CLOSPA MEETII~IG
~' ~..
CENTRAL LAKE ONTARIO SOURCE PROTECTION AUTHORITY - .TUNE 23, 2009 -PAGE 2 ~ ' A.
i~
CORRESPONDENCE
I) Corres ondence Item #NSPG1C39 from Minis tv
p try of the EnvironmenUlan Smith o
Re: Proposed Terms of Reference document for the Central Lake Ontario Source `~'
CZ
Protection Area submitted December 20, 2008 r-"
O
Res. # 11 Moved by M. Pearce b
Seconded by J. Neal ~
THAT correspondence item #NSPGl C39 (attached as Schedule S-1 to S-2) be received for information.
CARRIED p-
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M. Novak arrived at 5:10 p.m. tv
A. Foster arrived at 5:12 p.m. o
S. Crawford 8c R. Johnson arrived at 5:14 p.m. o
DELEGATION -Susan Self, Chair, CTC Source Protection Committee made a presentation to the Board of Directors.
(attached as Schedule 4-1 to 4-22).
DIRECTOR, GROUNDWATER RESOURCES
(1) Staff Report #SP004-09 6-1 to 6-4
c.'"fC Source Water Protection -Revised Terms of Reference
M. Pearce noted date errors in the report. Staff Report #SP004-09 has been corrected.
Res. #12 .L/oi•ed by P. Perkins
J'rcuncled by A. Foster
1'll.~l T the Source Protection Authority (SPA) Board receives the Revised CLOSPA Terms of Rejerence and Stajj~'
l~c~port #SP004-09 containing information related to SPA requirements and the legislated deadlines; and,
T11.4 T stuff be directed to forward the revised Terms of Reference to the Minister on behaljof the SPA board and
tlrut the C'lruir oJthe CTCSource Protection Region be advised of these resolutions
CARRIED
MUNICIPAL A1VD O'TIIER BUSINESS
AU.IOURN~IENT
Res. # l 3 Moved by R. Johnson
Seconded by S. Crawford
THAT the meeting adjourn.
CARRIED
Y
The meeting adjourned at 5:21 p.m.
I-3
Draft minutes -Not vet approved by Committee
NOTES OF MEETING OF
SAMUEL WILMOT NATURE AREA
MANAGEMENT ADVISORY COMMITTEE
HELD ON TUESDAY APRIL 13, 2010
AT 7:00 P.M.
Present: (Voting) John Stoner-Chair
Karin Murphy -Vice Chair
Jim Cleland
Brian Reid
Staff Present: Peter Windolf
Regrets: Arthur Burrows
Shirley Minifie
Absent: Warren May - MNR
1. .Agenda
Additions
No Additions
Acceptance of A enda
MOVED by Karin Murphy, seconded by Joe McKenna
THAT the agenda for April 13, 2010 be accepted.
CARRIED
2. Minutes of March 9, 2010
Corrections
There. were no corrections to the minutes
Approval of Minutes
MOVED by Brian Reid, seconded by Jim Cleland
THAT the minutes of March 9, 2010 be approved.
CARRIED
Dan Stanoi
Joe McKenna
Pat Mulcahy
Councillor Willie Woo
David Best
Greg Wells - GRCA
2
3. Issues arising from the Minutes
There were no issues arising from the minutes.
4. Sub-Committee reports
Communications
Joe will review his files and try to locate a copy of Shirley's information regarding the
2009 Great Canadian Shoreline Clean-up. If found it can be posted on the blog along with
information about the 2010 Clean-up.
Maintenance
On March 31 several SWNA committee members participated in a litter clean-up on the
Toronto Street side that generated several bags of garbage. The proposed April 7 clean-up
on the Cobbledick side was cancelled due to rain.
Based on the amount of use the SWNA is now receiving and the amount of litter in the
garbage containers it is recommended that the Operations Department place two garbage
containers in each parking lot.
Jim Cleland removed and cleaned 24 birdhouses and has now re-installed them.
The Martin House is leaning and will require heavy equipment to straighten and stabilize
it. Hydro One, who originally installed the Martin House, will be contacted to determine
if they are able straighten it.
6. Updates
MNR Rangers 2010
The MRN Rangers will be available for projects at the SWNA for two days in 2010. The
tentative dates are Thursday July 15 and Friday July 16. Possible projects include:
- removal of oJd wire fencing from various areas around the SWNA
- constructing barriers along the edge of the woodland trail
- spreading woodchips and clearing vegetation along the Toronto Street lake trail.
-repair sections of limestone trail
- trim and mulch around young trees along Toronto Street
- trim and mulch around benches and signs
Raptor Event
Peter Windolf will investigate the cost to have Soar Raptor Education bring their live
raptor display to the SWNA this spring or summer. Last year's Indian River Reptile Zoo
presentation was very well attended, especially by families from the Port of Newcastle
subdivision, however most of the families left immediately after the presentation. The
committee discussed the merits of arranging a themed activity after the presentation to
encourage visitors to explore more of the SWNA. It was agreed that it would be
worthwhile to investigate a bird or raptor themed tour of the SWNA.
The committee agreed that this year's event should also be held on the Toronto Street
side, next to the new section of Waterfront Trail.
3
2010 Great Canadian Shoreline Clean-up
Shirley Minifie e-mailed the schedule for the 2010 Great Canadian Shoreline Clean-up.
This nation wide event will be held September 20-26. The committee participated in the
2009 event which requires participants to collect and inventory litter found along the lake
and creek. The committee discussed the merits of participating in the 2010 event. Shirley
has volunteered to register and assume the responsibility of co-ordinator. After discussion
the following Resolution was moved by Joe McKenna, seconded by Karin Murphy:
That the SWNA committee register to participate in the 2010 Great Canadian Shoreline
Clean-up.
Carried
The committee agreed that Saturday September 25 would be the date. The rain date
would be Sunday September 26.
7. Other Business
Brian Reid suggested photos of the SWNA be posted on the biog. Jennifer O'Donnell
will look through the photo index and post appropriate photos.
The Toronto Street side of the SWNA now receives many visitors from the Port of
Newcastle subdivision. The committee suggested that a kiosk or notification panel be
installed for information and special events notices. The cost and design of the proposed
notification panel will be investigated further.
The committee discussed ways to attract more young people to the SWNA. Joe will
investigate if a local Scout group would be interested in arranging a nature themed
activity at the S WNA.
Clean Sweep (formerly Pitch-In day) is scheduled for Saturday Apri124 on the Toronto
Street side of the SWNA. Members were encouraged to participate.
An updated contact list.of SWNA Committee members will be distributed with the April
meeting minutes.
Motion to Adjourn
MOVED by Joe McKenna, seconded by Pat Mulcahy
THAT the meeting be adjourned.
CARRIED
Adjournment: 8:15 P.M.
Next Meeting: Tuesday May 11, 2010
7:00 p.m.
Meeting Room lA
Notes prepared by P. Windolf
CLARINGTON ACCESSIBILITY ADVISORY COMMITTEE 1 - 4
April 7, 2010, 6:00 P.M.
MEETING ROOM 1A
Present: David Kelly, Chair
Elaine Simpson, Vice-Chair
Sally Barrie
Keith Brettell
Sylvia Jaspers-Payer
Councillor Ron Hooper
Absent: Corine Goodwin
Also Present: .Patti Barrie, Municipal Clerk
1. ADOPTION OF MINUTES
Moved by Keith Brettell, seconded by Elaine Simpson
THAT the minutes of the meeting held on March 3, 2010 be amended in
Section 4. a) by deleting the words "the matter" and replacing them with the
words "traffic circles"; and
THAT the minutes, as amended, approved.
"CARRIED"
2. BUSINESS ARISING FROM MINUTES OF LAST MEETING
a) Community Advantage Rehabilitation Inc. - "Deaf Child Sign"
The Municipal Clerk advised that the report with respect to the installation
of the "Deaf Child Sign" has not been submitted to the General Purpose
and Administration Committee as of yet because written comments have
not been received.
b) Accessibility Expo
Minutes of the Planning Committee Meeting held on March 10, 2010 were
received for information.
The Committee members advised of their availability for the various
volunteer positions. Confirmation of the timing of the orientation meetings
will be forwarded once they are scheduled.
Clarington Accessibility - 2 - April 7, 2010
Advisory Committee
The Municipal Clerk provided an update of the Co-ordinating Committee's
meeting and a discussion of the events of the day ensued. The schedule
of day was outlined, as follows:
10:30 am -Opening Remarks, Regional Chair, Roger Anderson
10:45 am -Presentation by Robert Pio Hajjar, Founder of Ideal-Way
11:30 am -Presentation by Paul Rosen, Paralympic Gold Medalist &
Sledge Hockey Goalie
1:00 pm - Dr. Mark Nagler, Disability Expert and Motivational Speaker
3:00 pm -Accessibility Legislation, Accessibility Experts
6:00 pm -Justine Hines Performance
ALL DAY -Accessibility Marketplace
4. NEW BUSINESS
a) Services for the Disabled in Clarington
Email correspondence was received from Bonnie Jackson questioning
what services are available for the disabled community in the Orono and
Newcastle areas. A response will be forwarded.
5. OTHER BUSINESS
There were no items of business considered under this- section of the agenda.
6. DATE OF NEXT MEETING
The next meeting will be held on May 5, 2010 at 6:00 p.m. in Committee
Room 1 A.
7. ADJOURNMENT
Moved by Elaine Simpson, seconded by Keith Brettell
THAT the meeting be adjourned.
"CARRIED"
The meeting adjourned at 6:40 p.m.
Chair
Secretary
D-11
DISTRIBUTION
REVIEWED BY
April 14, 2010
Ms. Patti Barrie
Clerk
Municipality of Clarington
40 Temperance St.
Bowmanville, ON L1 C 3A6
Re: Direct Election of the Regional Chair
RESOLUTION NO: 10-103
Dear Ms. Barrie:
OR
GINAL TO:
I
f~ COUNCIL ^ COUNCIL ^ FILE
DIRECTION INFORMATION
COPY TO:
^ MAYOR O MEMBERS ^ CAO
OF COUNCIL
^ COMMUNITY ^ CORPORATE ^ EMERGENCY
SERVICES SERVICES SERVICES
^ ENGINEERING ^ MUNICIPAL O OPERATIONS '
SERVICES CLERK'S
O PLANNING O SOLICITOR ^ TREASURY
SERVICES
O OTHER
Please be advised that at the Council meeting held on Apri 112, 2010, the
Council of the Township of Scugog adopted the following resolution:
"THAT a copy of Correspondence #246-10, the legal opinion
provided by Loopstra Nixon regarding the Direct General Election of
Regional Chair -Question for Election Ballot be forwarded to the
Region of Durham as Scugog's comments regarding the intention to
pass a By-Law to submit a question to the electors and to local
municipalities within Durham requesting their support and to the
Minister of Municipal Affairs for Information."
As directed, please find enclosed a copy of Correspondence #246-10 and
an excerpt of the minutes for your consideration.
Your attention to this request would be greatly appreciated.
Yours truly,
Kim Coates, A.M.C.T.
Clerk
Encl.
Township of Scugog, 181 Perry St., PO Box 780, Port Perry, ON L9L lA7
Telephone: 905-985-7346 Fax: 905-985-9914
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TOWNSHI"P OF
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www.scugog.ca
Council Meeting #6
April 12, 2010
6. REPORTS
i. Regional Report -Verbal
Regional Municipality of Durham Council Highlights:
• March 10, 2010 -Volume 8, Issue 3
Mayor Pearce provided an outline of Regional events including;
the Waste Management 2009 Annual Services Report, a
Comparison of LEED designations, changes to Committee
Schedules (which may impact local committee meetings),
Direct Election of Regional Chair and the passing of the new
Official Plan. The Mayor recommended that Council consider
forwarding a copy of the legal opinion obtained from Loopstra
Nixon to the Region as part of the Township of Scugog's
comments on the Direct Election of the Regional Chair.
RESOLUTION NO: 10-102
Moved by: Councillor. Drew
Seconded by: Councillor McMillen
THAT the Regional Report be Received for Information.
Carried
RESOLUTION NO: 10-103
Moved by: Councillor Lamrock
Seconded by: Councillor Smith
THAT a copy of Correspondence 246-10, the legal
opinion provided by Loopstra Nixon regarding the Direct
General Election of Regional Chair - Question for
Election Ballot be forwarded to the Region of Durham as
Scugog's comments regarding the intention to pass a By-
Law to submit a question to the electors and to local
municipalities within Durham requesting their support and
to the Minister of Municipal Affairs for Information.
Carried
RESOLUTION NO: 10-104
Moved by: Councillor Hodgson
Seconded by: Councillor Drew
THAT Staff be directed to forward a letter to the Minister
of Municipal Affairs advising of concerns with the
inconsistency in rules for election to Regional Council in
regional municipalities.
Carried
85
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LOOPSTRA NIXON LLP
€;AR3+;;87rR'i:i A:31> Oi.4(;I+;.:rF'?5
Corr#246-10
Quinto M. Annibale*
*Quinto Annibale Professional Corporation
~'( `' ;y ~ ' I~ Direct Line: 416-748-4757
31~~~~~/~luU
E-mail; gannibale(c~loonix.com
APR 1 ? 2u~~~
-- ___ --_-'Apri19, 2010
By E-Mail
Mayor Pearce and Members of Council
The Corporation of the Township of Scugog
1 S 1 Perry St.
Port Perry, Ontario
L9L 1 A7
Attention: Mayor Pearce and Members of Council
Dear Mayor and Members of Council:
RE: Direct General Election of Regional Chair
Question for Election Ballot
You have asked for our opinion with respect to the legality and effect of a question which
the Region of Durham (the "Region") is considering placing on the next municipal election
ballot with respect to the direct election of the Region's head of council. The advice and opinion
contained herein is based on our understanding of the relevant facts as set out below. This
opinion is based on the common law and the laws of the Province of Ontario as of the date of this
letter.
Facts:
The Region currently has a head of council that is appointed by the other members of
council. On March 10, 2010, Regional Council passed a resolution that Regional Council
consider passing a by-law to submit the following question to electors in all lower-tier
municipalities in the Region on the regular election ballot for October 25, 2010:
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LEACIIE Of '~,~~,{~fj; ~,dl~S/~V.{^O~SLr?titkC:if.~U(~t
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LAW TERS
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Are you in favour of the Council of the Regional Municipality of Durham
passing the necessary resolutions and by-laws to change the method of
selecting its Chair from appointment by the members of the Regional
Council to election by general vote of all electors in the Region.
YES NO
You have asked for our opinion with respect to the legality and effect. of this question, and also
what effect section 219(2) of the Municipal Act would have on this matter.
Issues:
1. Is there legal authority for the Region to include the question on the ballot?
2. What is the effect of including the question on the ballot?
3. What effect does section 219(2) of the Municipal Act have on the process?
Short Answers:
The Region has the legal authority to include a question on the ballot pursuant to the
Municipal Elections Act. However, there are restrictions with respect to the subject
matter of a question. In particular, a question cannot relate to a matter that has been
prescribed as a subject of provincial interest. Prescribed matters include "any matter
which the municipality does not the authority to implement all aspects of the results of
the question". This has the potential to prevent the question because in order for the
contemplated by-law to take effect, a certain number of lower-tier municipalities are
required to pass resolutions consenting to the by-law (pursuant to the Municipal Act). Of
greater concern is that prescribed matters also include "any matter for which the
municipality requires an action by the Province of Ontario in order to implement the
results of the question". The Municipal Act states that a regional municipality shall not
pass a by-law such as the by-law contemplated in the question until the Minister has, by
regulatipn, authorized the regional municipality to do so (Municipal Act, section 218(5)).
The result of the question is binding on the Region if at least 50% of eligible electors in
the Region vote on the question and more than 50% of the votes on the question vote in
favour of that result (either affirmative or negative). Due to these requirements for voter
turnout, it is quite possible that the vote will not be binding. If the vote is in favour and
binding, the Region would be required to initiate steps to implement the process. If the
vote is not in favour and binding, the Region would be prohibited from initiating the
process for a period of four years. If the vote is not binding, it would be at the Region's
discretion whether or not to initiate the process to change the head of council to an
elected position.
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3. Section Z 19(2) provides for conditions under which a by-law to alter the composition of
Regional Council would not be valid. The by-law would not be valid unless:
a. a majority of votes on Regional Council are cast in its favour;
b. a majority of the councils of all lower-tier municipalities forming part the Region
have passed resolutions consenting to the by-law;
the total number of .electors in the lower tier municipalities that pass such
resolutions must form a majority of all of the voters in the Region.
Therefore, even if the vote is binding and requires the Region to initiate the process for
altering the composition of Council, the implementing by-law would not be valued until
supported by the lower tier municipalities as described above.
Analysis:
1. Legal authority for the question:
The legal authority for the question is provided by section 8 of the Municipal Elections
Act. Section 8(1)(b) provides that the council of a municipality may pass a by-law to submit to
its electors, subject to section 8.1, a question not otherwise authorized by law but within the
council's jurisdiction. A "municipality" refers either to a lower-tier municipality, upper-tier
municipality, or single-tier municipality.
The Municipal Elections Act also provides for procedures that must be followed when
acting under this section. When anupper-tier municipality is acting under this section, its clerk
must transmit a copy of the by-law and the proposed .question to the clerk who is responsible for
conducting the election (s.8(4)). In this case, it is the lower-tier municipality that is responsible
for conducting the election. In the case of a regular election, the lower-tier clerk is not required .
to submit the question to the electors unless those materials are provided by the upper-tier clerk
on or before June 1 (s.8(5.1)). If the materials are not provided on time, it does not appear to be
mandatory that the lower-tier refuse to submit the question to the electors.
The lower-tier clerk is required to provide notice to the electors of the question (s.8(6));
the reasonable cost of providing this notice shall be paid by the upper-tier municipality upon
receiving a certificate verifying the amount, signed by the lower-tier clerk (s.8(7)).
A by-law to submit a question to the electors must be passed by the Region at least 180
days before voting day. The question cannot be amended after that date, although the question
can be withdrawn entirely on or before nomination day (s.8.1(1)). Nomination day for a regular
election is the second Friday in September in the year of the election (s.31), which in this case is
September 10, 2010.
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A question must comply with the following rules, found in section 8.1(2) of the
Municipal Elections Act:
• It shall concern a matter within the jurisdiction of the municipality;
• Despite rule 1, it shall not concern a matter which has been prescribed by the
Minister as a matter of provincial interest;
• It shall be clear, concise and neutral;
• It shall be capable of being answered in the affirmative or the negative and the
only permitted answers to the question are "yes" and "no".
In our opinion, the question concerns a matter within the jurisdiction of the municipality.
Section 218(1) of the Municipal Act states that the general powers granted under sections 9, 10
and 11 authorize anupper-tier municipality to change the composition of council, subject to
certain rules. One of these rules is .that the .head of council shall be .elected by general vote, in
accordance with the Municipal Elections Act, or shall- be appointed by the members of council.
The matter in question is a matter of altering the. composition of Regional Council within the
parameters of this rule, to change the head of council from a position appointed by members of
Regional Council, to a position elected by general vote.
The matters which have been prescribed by the Minister as matters of provincial interest
(to which a question cannot pertain) are set out in Ontario Regulation 425/00, section 1(1). The
first matter prescribed, which a question cannot relate to, is "any matter for which the
municipality does not have the authority to implement all aspects of the results in question".
Due to section 219(2) of the Municipal Act (discussed below), a by-law passed with respect. to
changing the head of council to an elected position appears to require a certain number of lower-
tier municipalities to pass resolutions consenting to the by-law. This arguably means that the
Region does not have the authority on its own to make the change. However, the question as
written refers not to the change itself, but to the passing of by-laws and resolutions required in
order to change the method. In our opinion, a more significant concern is the .second prescribed
matter, which is "any matter for which the municipality requires an action by the Province of
Ontario in order to implement the results of the question. This is of concern due to section
218(5) of the Municipal Act which states that a "regional municipality shall not pass a by-law
described in this section until the Minister has, by regulation, authorized the regional
municipality to exercise the powers described in this section". This section prevents the Region
from passing a by-law to change the method of selecting members of council until the Minister
has passed a regulation authorizing such a by-law. This appears to place the question under the
category of a matter requiring an action by the Province of Ontario, and therefore the question
would not be validly included on the election ballot. This also differs from the.requirement that
the lower-tier councils pass consenting resolutions, because in this case the Region cannot pass
their by-law at all until the Minister has passed the regulation. "Municipal restructuring" is also
prescribed as a matter of public interest, but is defined in a way which would not include the
changes contemplated in this case, in our opinion. "Municipal restructuring" means items
including .annexation, amalgamation, dissolution, incorporation, and joining or separating a
tower-tier municipality from anupper-tier municipality.
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With respect to being "clear, concise, and neutral", the question appears to satisfy the
rule. There may be an argument, based on the paragraph above, that the question is not entirely
clear that the Region does not, without. the consent of a certain number of lower-tier
municipalities, have the authority to make the change. .However, the question does refer only to
the Region passing the by-laws and resolutions required, not to the change itself being enacted
through the question on the ballot. In our opinion, this is unlikely to render the question invalid,
but there is an argument that could be made based on this reasoning and the current wording of
the question. See below for a further discussion with 'respect to notice requirements.
In our opinion the question is capable of being answered with a "yes" or "no" response
and no other responses are permitted by the question as drafted.
The Municipal Elections Act also provides for notice of intent to pass the by-law which
submits the question. The Region's clerk must provide at least 10 days notice of the intention to
pass the by-law, to the public and the Minister. At least one public meeting must be held.
Report No: 2010-A-7 (from the Regional Clerk to the Finance and Administration Committee,
dated March 24, 2010) states that notice of intention to pass the by-law is to be published in all
local newspapers on April 8, 2010 and posted on the Region's. website. Further notice must be
given within l 5 days of passing the by-law.
Both sets of notice must include three aspects, required by section 8(5):
the wording of the question;
a clear, concise and neutral description of the consequences of the question if it is
approved and the consequences if it is rejected with the special majority under
section 8.2, including an estimate of the costs, if any, that the municipality may
incur in implementing the results of the question;
a description of the right to appeal
In our opinion, the second requirement should involve a description of the requirement that a
certain number of lower tier municipalities pass a resolution consenting to the change.
Finally, section 8(6) provides for a right of appeal. Within 20 days after the clerk gives
notice of passage of the by-law, any person or entity may appeal to the Chief Electoral Officer of
the Province on the grounds that the question does not comply with paragraphs 3 or 4 of
subsection 2. Interestingly, this allows only for an appeal on the grounds that the question, is not
clear, concise and neutral, or that the question is not capable of being answered in the affirmative
or negative and only in the affirmative or negative. There is no appeal right provided by this
section with respect to whether the question concerns a matter prescribed as a matter of
provincial interest. An objection on those grounds may require a court action, rather than an
appeal to the Chief Electoral Officer.
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2. Effect of'the questivn/vote:
"I~he effect of the vote. on the question would depend on two major factors: whether the
result is binding under the Municipal Elections Act, and the result of the vote.
The results of the vote are binding only if two conditions exist. First, at least 50 percent
of the eligible electors in the Region must vote on the question; second, more than 50 percent of
the votes on the question are in favour of those results, either affirmative or negative (s.8.2(1)).
'The first condition could be difficult to achieve as turnout` for municipal elections typically is
lower than 50 percent of the eligible electors. The second condition will always be met unless
there is an exactly split vote, as there are only two potential answers to the question ("yes" or
"no"). Either result is capable of being. binding on the Region.
In the event that an affirmative answer to the question is binding, the Region would be
required to do everything in its power to implement the results of the question in a timely manner
(s.8.3(1)(a)). In the event that a negative answer to the question is binding, the Region would be
prohibited from doing anything within its jurisdiction to implement the matter which was the
subject of the question for a period of four years following voting day (s.8.3(1)(b)). The Act is
silent with respect to a vote that is not binding. In that case, the Region would be free to either
implement the change or not, regardless of how the vote turned out.
Section 8.3(2) provides some specific examples of actions which the Region would be
required to take between 14 and 180 days after voting day in the event of a binding vote. If a by-
law or resolution is required to implement the results (which would be the case if the answer
were affirmative), the by-law must be prepared and placed before Regional Council, or if there is
a condition precedent to the passage of the by-law (e.g. a public meeting, as required in section
219 of the Municipal Act), these initial steps must be taken within the time frame. If
administrative action to change a policy or practice is required to implement the results of the
question, municipal staff must also be instructed to take that action.
Once the by-law has been passed to implement the results of the question, the Region
could not do anything to reverse or substantially change this for a period of four years, unless a
subsequent binding question authorizes- such action or Regional Council is of the reasonable
opinion that there has been a material change in circumstances since the original question was
put to the electors (s.8.3(5) - (6)). .
3. Effect of Section 219(2) of the Municipal Act:
A by-law to change the composition of Regional Council, to make the head of council an
elected position, would be passed pursuant to section 218(2)(b) of the Municipal Act which deals
with the authority to change the method of selecting members of the council. A by-law passed
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under that section is not valid unless the conditions described in section 219(2) of the Municipal
Act are satisfied.
Section 219(2) states the following:
A by-law described in section 218 making changes described in
clauses 218 (,2) (a), (b) and (c) or in subsection 218(3) is not valid
unless,
(a) a majority of all votes on the upper-tier council are cast in
its favour;
(b) a majority of. the councils of all lower-tier municipalities
forming part of the upper-tier municipality have passed
resolutions consenting to the by-law; and
(c) . the total number of electors in the lower-tier municipalities
that have passed resolutions referred to in clause (b) form a
majority of all the electors in the upper-tier municipality.
In the event that the response to the question is binding, as described in the previous
section, Regional Council would be required' to vote in favour, satisfying subsection (a).
Subsection (b) requires a majority of the lower-tier councils to pass a resolution .consenting to
this by-law. In our opinion, even if the response to the question is binding, it is binding only
upon the Region, not the lower-tier councils. A resolution would need to be passed by at least
five of the eight lower-tier councils in the Region in order for the Region's by-law to take effect.
In addition, those lower-tier municipalities that pass resolutions must have sufficient total
number of electors to form a majority of the electors in the Region. If the five lower-tier
municipalities with the lowest populations in the Region were to pass a resolution, and the
remaining three did not, it is possible that the by-law would not take effect. We have not
reviewed the latest electoral figures of the lower-tier municipalities for the purposes of this
opinion.
Conclusion:
The Municipal Elections Act provides for the mechanism by which a question can be
placed on an election ballot by the Region. There is some doubt in this case whether the
question itself is valid, as it appears to relate to a matter of provincial interest as set out in the
regulations. The Act does not provide a clear course of action in the event. that the Region asks a
lower-tier municipality to place a question of the ballot that should not properly be included
under the Act; there is no clear authority to refuse to put the question on the ballot. As noted
above, there are appeal options with respect to a question, but only with respect to whether the
question is clear, concise and neutral and whether the question is capable of being answered in
the affirmative or the negative and that the only permitted answers to the question are "yes" or
~~
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"no". An appeal based on the question relating to a matter of provincial interest appears to
require a court action. In our opinion, these concerns should be noted to the Region.
If you have any questions or require additional assistance, please contact the undersigned.
Yours truly,
LOOPSTRA NIXON LLP
Per:
Quinto M. nnibale
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Energizing Ontario
REPORT #1
REPORT TO COUNCIL MEETING OF APRIL 26, 2010
SUBJECT: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING
OF MONDAY, APRIL 19, 2010
RECOMMENDATIONS:
1. RECEIVE FOR INFORMATION
(a) EGD-014-10 Monthly Report on Building Permit Activity for March, 2010
(b) CSD-003-10 Fragrance Free Recreation Facilities
(c) FND-008-10 Report on Revenue Sensitive to Economic Conditions -
January to March 2010
2. OFFER OF COMPENSATION TO COTTAGE OWNERS RESPECTING THE
EXPROPRIATION OF THE WEST BEACH LANDS FOR BOWMANVILLE
WATERFRONT DISTRICT PARK
THAT Report PSD-050-10 be adopted;
THAT Council approve the offer of settlement set out in the letter from Faye
Langmaid to Chuck MacDonald and Gary Cole dated March 12, 2010 (Attachment
1 to Report PSD-050-10) and accepted by the cottage owners listed in Schedule 1
as set out in their consent (Attachment 8 to Report PSD-050-10);
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Report #1 - 2 - April 26, 2010
THAT the Municipality's solicitor be authorized to:
(i) prepare a Memorandum of Understanding (MOU) between the
Municipality and the cottage owners listed in Schedule 1 to Report
PSD-050-10 containing provisions necessary to give effect to the offer
of settlement referred to in paragraph 2, and
(ii) protect the Municipality's interests as considered to be appropriate by
the Director of Planning Services, and to prepare the leases and other
documents to implement the Memorandum of Understanding;
THAT Council pass a by-law (Attachment 9 to Report PSD-050-10) to authorize the
Mayor and Municipal Clerk on behalf of the Municipality of Clarington to execute
the Memorandum of Understanding and the leases and documents necessary to
implement the intent of Report PSD-050-10 as referred to in Recommendation 3;
provided that the Municipality is satisfied that the cottages are fit for habitation and
in compliance with health, safety, housing and maintenance standards;
THAT subject to the execution of the Memorandum of Understanding referred to in
Recommendation 3, the Municipal Clerk be authorized to withdraw the applications
to the Landlord and Tenant Board under the Residential Tenancies Act, 2006 to
terminate the tenancies of the cottage owners who have executed the
Memorandum of Understanding;
THAT the Director of Planning Services be authorized to continue discussion-with
the owners of the cottage on Lot 17 on Plan 345 regarding settlement of
compensation for all claims under the Expropriations Act. and/or arrangements
respecting the relocation of the cottages to other lands and report back at a later
date;
THAT the Director of Planning Services continue to pursue the notice of termination
of the owner of the cottage on Lot 17 on Plan 345 under the Residential Tenancies
Act, 2006 unless a settlement is reached in advance of the hearing;
THAT the Director of Operations be authorized to demolish the buildings and
structures previously owned by the Port Darlington Harbour Company (the
structures on all -other lots except those listed in Report PSD-050-10);
THAT the Director of Planning Services, the Municipality's Solicitor, the Municipal
Clerk, the Director of Operations and the Director. of Engineering Services be
authorized to take all necessary actions to implement the intent of Report PSD-050-
10, the Memorandum of Understanding referred to in Recommendation 3 and
leases and other documents necessary to implement the MOU; and
THAT all interested parties be notified of Council's decision.
Report #1 - 3 - April 26, 2010
3. PORT GRANBY PROJECT REPORT OF THE END USE ADVISORY
COMMITTEE
THAT Report PSD-051-10 be received;
THAT the Report of the Port Granby Project End Use Advisory Committee be
received with thanks and endorsed;
THAT Frances Brooks and Luanne Hill be thanked for their work in preparing the
End Use Report;
THAT the Port Hope Area Initiative Management Office and Natural Resources
Canada be requested to initiate discussions with the Municipality of Clarington, the
Municipality of Port Hope and the Ganaraska Region Conservation Authority with
respect to the implementation of the Full Concept prepared by the End Use
Committee, including the ownership and management of the subject lands;
THAT a copy of Report PSD-051-10 and Council's decision be forwarded to the
Port Hope Area Initiative Management Office, Natural Resources Canada, the
Municipality of Port Hope, the Ganaraska Region Conservation Authority, Frances
Brooks, Luanne Hill, and the Southeast Clarington Residents Association; and
THAT all interested parties listed in Report PSD-051-10 and any delegations be
advised of Council's decision.
4. APPEAL OF ZONING BY-LAW AMENDMENT
APPLICANT: GREEN MARTIN HOLDINGS LTD.
THAT Report PSD-052-10 be received; and
THAT all interested parties listed in Report PSD-052-10 and any delegations be
advised of Council's decision.
5. MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 8, 2010
THAT Report PSD-053-10 be received; and
THAT Council concurs with the decisions of the Committee of Adjustment made on
April 8, 2010 for applications A2010-0007 through A2010-0014, and that Staff be
authorized to appear before the Ontario Municipal Board to defend the decisions of
the Committee of Adjustment.
Report #1 - 4 - April 26, 2010
6. SALE OF SURPLUS PROPERTY -182, 186, 190, 194 GEORGE REYNOLDS
DRIVE, FORMER TRUCES ROAD FIRE STATION SITE
THAT Report PSD-054-10 be received;
THAT a By-law be passed to confirm and ratify the realty services agreement
between the Municipality of Clarington and Ryan Realty Services Ltd.;
THAT a By-law be passed to ratify and confirm the Agreement of Purchase and
Sale between the Municipality and 1529250 Ontario Inc., including the payment of
commission to Ryan Realty Services Ltd. as provided in the Agreement on its
completion;
THAT a By-law be passed to authorize the sale and transfer of the lands identified
as Parts 2, 3, 4 and 5, Plan 40R-25845, Part Lot 30, Concession 3, former
Township of Darlington, 182, 186, 190, and 194 George Reynolds Drive, Courtice;
THAT the net proceeds from the sale of the surplus properties be deposited into the
Municipal Acquisition Reserve;
THAT staff and the Municipality's Solicitor be authorized to take all necessary
actions to complete the transaction; and
THAT all interested partied in Report PSD-054-10 be notified of Council's decision.
7. EXECUTION OF AGREEMENT WITH THE REGION OF DURHAM HEALTH
DEPARTMENT TO DELEGATE.RESPONSIBILITY FOR ADMINISTRATION AND
ENFORCEMENT IN RESPECT TO SEWAGE SYSTEMS
THAT Report EGD-011-10 be received;
THAT the Mayor and Clerk be authorized to execute, on behalf of the Corporation
of the Municipality of Clarington, the agreement with the Regional Municipality of
Durham attached to Report EGD-011-10, as Attachment.#1, for the administration
of the Building Code Act and the Ontario Building Code, as it relates to the
enforcement of small capacity sewage systems;
THAT the by-law attached to Report EGD-011-10, as Attachment #4, be approved
by Council; and
THAT a copy of Report EGD-011-10, Council's resolution and the by-law be
forwarded to the Regional Municipality of Durham.
Report #1 - 5 - April 26, 2010
8. JANE STREET ROAD RECONSTRUCTION & FLETT STREET PAVEMENT
REHABILITATION -PUBLIC INFORMATION CENTRE
THAT Report EGD-015-10 be received;
THAT Staff proceed to finalize the detail design and tender based on the
information received at the Public Information Centre to meet the summer 2010
construction start schedule; and
THAT all those who attended the Public Information Centre and who have
contacted the Municipality as interested parties be informed of this Report.
9. COMMUNITY GRANT REQUEST - ORONO AMATEUR ATHLETIC
ASSOCIATION
THAT Report CSD-004-10 be received;
THAT Council approve the grant request submitted by the Orono Amateur Athletic
Association under the Community Grant Program, in the amount of $2500; and
THAT the Orono Amateur Athletic Association be advised of Council's decision.
10. COMMUNITY GRANT REQUEST -NEWCASTLE SANTA CLAUS PARADE
THAT Report CSD-005-10 be received;
THAT Council approve-the grant request submitted by the Newcastle Santa Claus
Parade under the Community Grant Program, in the amount of $2500; and
THAT Martha Hendrikx, President, Newcastle Santa Claus Parade be advised of
Council's decision.
11. TENDER CL2010-12 -SUPPLY & DELIVERY OF ONE (1) HYDRAULIC
EXCAVATOR
THAT Report COD-012-10 be received;
THAT Amaco Construction Equipment Incorporated, Mississauga, Ontario, with a
total bid in the amount of $307,622.88 (plus G.S.T.), being the lowest responsible
bidder meeting all terms, conditions and specifications of Tender CL2010-12, be
awarded the contract for Supply & Delivery of One (1) Hydraulic Excavator, as
required by the Municipality of Clarington, Operations Department; and
THAT the funds expended be drawn from the Operations Department 2010
Replacement of Fleet-Roads Account 110-36-388-83642-7401.
Report #1 - 6 - April 26, 2010
12. CLARINGTON.NET NEWSLETTERS
THAT Report COD-013-10 be received;
THAT the Clarington.net newsletter continue to be produced and distributed by the
Municipality of Clarington; and
THAT Metroland, Durham Region Media group be thanked for their proposal
submitted to the 2010 budget for consideration.
13. DREDGING - BOWMANVILLE AND NEWCASTLE (BONDHEAD) MUNICIPAL
BOAT LAUNCHES (TABLED ON MARCH 29, 2010 GPA MEETING]
THAT Report PSD-042-10 be received;
THAT the CAO be requested to prepare a report, within four weeks, on the further
opportunities and logistics regarding the cost recovery of dredging, installation of a
gate, and activating of the parking meter. at the municipal boat launch in
Bowmanville; and
THAT all interested parties listed in Report PSD-042-10 and any delegations be
advised of Council's decision.
14. PRESENTATION OF CHRISTINE FAHEY REGARDING THE PORT GRANBY
END USE PLAN
THAT the presentation of Christine Fahey be received with thanks.
15. PRESENTATION REGARDING NEW LOOK OF MUNICIPAL WEBSITE
THAT the presentation of Adam Labijak and Jennifer Cooke, regarding the new
look of the municipal website, be received with thanks.
16. INSURANCE AS IT RELATES TO THE CONCEPT OF "JOINT AND SEVERAL
LIABILITY"
WHEREAS the AMO Municipal Liability Reform Working Group has presented its
paper on joint and several liability reform to the Attorney General's Office;
WHEREAS the joint and several provisions of the Negligence Act, indicate, "Where
damages have been caused or contributed to by the fault or neglect of two or more
persons...and, where two or more persons are found at fault or negligent, they are
jointly and severally liable to the person suffering the loss or damage...";
Report #1 - 7 - April 26, 2010
WHEREAS the paper highlights how municipalities have become the targets of
litigation when other defendants fail to have the means to pay high damage awards
causing municipal insurance premiums and liability claims to continue to increase
dramatically, despite enormous improvements to safety including new standards for
roads, playgrounds, pool safety, better risk management practices, and the scaling
back of some services; and
WHEREAS municipalities should not be insurers of last resort and many other
common law jurisdictions have better approaches and others are pursuing liability
reform,
NOW THEREFORE BE fT RESOLVED THAT the Council of the Municipality of
Clarington calls on the Government of Ontario to reform joint and several liability
with a particular regard for the impact it has on property taxpayers and their
communities; and
THAT Matthew Wilson, Senior Policy Advisor for the Association of Municipalities of
Ontario, MPP John O'Toole, and Chris Bentley, the Attorney General for Ontario be
forwarded a copy of this resolution.
17. PUBLIC INFORMATION SESSION FOR THE REGION OF DURHAM'S
PROPOSED WASTE MANAGEMENT BY-LAW
THAT the Municipality of Clarington request that the Region of Durham arrange for
an additional public information session, regarding the Region of Durham's
proposed waste management by-law, to be held at the Newcastle Recreation
Complex in a format similar to the one held on April 15, 2010 at the Courtice
Community Complex.
STAFF REPORT #1
~~
CORPORA
REPORT
TE SERVICES DEPARTMENT
Meeting: COUNCIL
Date: April 26, 2010 Resolution#: By-law#: N/A
Report: COD-015-10 File#:
Subject: TENDER NO. CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS
LOCATIONS - SOIL REMEDIATION
RECOMMENDATIONS:
It is respectfully recommended to Council the following:
1. THAT Report COD-015-10 be received;
2. THAT staff be authorized to proceed with the soil remediation clean up at Orono
Operations Centre;
3. THAT staff be authorized to proceed with the soil remediation clean up at Hampton
Operations Centre, if the environmental assessment report indicates soil contamination
levels in excess of the tolerance levels;
4. THAT funds required for the soil remediation to an amount not to exceed
$120,000.00 be drawn from the General Municipal Reserve Fund for Orono and
Hampton Operations Centres;
5. THAT funds required in excess of the $120,000.00 be drawn from funds available in
the Operations Department Fleet Reserve Account after the purchase of equipment
below budgeted amounts;
6. THAT the actions taken by the Director of Operations and the Purchasing Manager
with respect to the approval of preliminary site work by KLD Construction Limited,
Ajax, Ontario, be endorsed; and
7. THAT staff report to Council on the total soil remediation costs if the costs exceed
the combined value of $100,000.00.
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: COD-015-10
Submitted by:
PAGE 2
i51'arie Marano, H.B.Sc., C.M.O.,
Director of Corporate Services
Nancyr, B.B.A., C.A.,
Director of Finance/Treasurer
Reviewed by: ---
Franklin Wu,
Chief Administrative Officer
MM\JDB\bh
REPORT NO.: COD-015-10
PAGE 3
1.0 BACKGROUND AND COMMENT
1.1 Report COD-063-09 was approved by Council on Monday, November 2, 2009 for
Tender CL2009-41 Fuel Tank Requirements at Various Locations. A copy of the
report is attached as Schedule "A".
1.2 KLD Construction Limited, Ajax, Ontario has commenced work at Depot 42 and
Orono Operations Centre and has removed the underground fuel tanks at Orono
Operations Centre only to discover soil contamination.
1.3 An environmental assessment report is in progress and being prepared by Geo-
Logic Incorporated under agreement with KLD Construction Limited. The
environmental assessment delineates the full extent of any petroleum product that
has escaped into the environment in accordance with the requirements specified in
the TSSA Fuel Safety Division's "Environmental Protocols for Operating Fuel
Handling Facilities in Ontario, GA/99".
2.0 ANALYSIS
2.1 Geo-Logic Incorporated, took the soil samples as regulated under O. Reg 153 and
submitted the samples to AGAT Laboratories, Mississauga, Ontario for analysis.
Chemical testing for Petroleum Hydrocarbons F1 - F4 (C6 -C50) in soil was
conducted and said samples were found to contain chemical parameters in excess
of the tolerance limits. A copy of the laboratory report is attached as Schedule "B".
2.2 The environmental consultant, Geo-Logic Incorporated, recommends that the area of
the pump island be remediated to meet current standards. Taking into consideration
the onsite soil conditions the impacted area is believed to be localized to the pump
island area. Further investigation is required to confirm this statement.
REPORT NO.: COD-015-10 PAGE 4
2.3 KLD Construction Limited, has provided an estimated cost of $34,490.00 to
remediate the contaminated area at Orono Operations Centre. The figure is based
on 200 metric tonnes of soil being removed from the site. The cost for the
remediation may increase and/or decrease depending on the actual tonnes of soil to
be moved and replaced. A copy of the pricing is attached as Schedule "C".
2.4 KLD Construction Limited, has been given approval to complete the removal and
disposal of the reinforced concrete slab at a value of approximately $4,000.00 at
Orono Operations Centre in order to assess the area of contamination. Approval
was provided as scheduling of the excavator and staff to complete the work
requirements is required in order to minimize project delays and mobilization costs.
2.5 KLD Construction Limited, has not commenced work at Hampton Operations Centre.
At the present time it is unknown if soil remediation is required at the Hampton
Operations Centre. Work will not be started at Hampton Operations Centre until the
fueling station at Orono Operations Centre is operational.
3.0 FINANCIAL
3.1 Funds required to complete the soil remediation requirements to an amount not to
exceed $120,000.00 are to be drawn from the General Municipal Reserve Fund for
Orono and Hampton Operations Centres.
3.2 In the event additional funds over $120,000.00 are required to complete the soil
remediation they will be drawn from the 2010 Operations Department Fleet Reserve
Account using funds remaining after the purchase of equipment below the budgeted
amount. To date three units included in the Fleet Reserve have been purchased
approximately $85,000.00 below the budgeted amount. These funds can be made
available if required to cover the soil remediation project.
REPORT NO.: COD-015-10
PAGE 5
3.3 The foregoing funding allocation is provided in the event the costs of the soil
remediation are high. At this point we have an estimate for the Orono location but
this is only an estimate. Actual costs cannot be determined until the extent of the
contamination is determined and clean up. The Hampton site conditions are
unknown at this point and excavation will not commence until the Orono project is
complete.
3.4 Queries with respect to the department needs; specifications, etc. should be referred
to the Director of Operations.
4.0 CONCLUSION
4.1 After review and analysis of the laboratory reports and consultant analysis, it was
mutually agreed by Operations and Purchasing that KLD Construction Limited, Ajax,
Ontario be authorized to proceed immediately with the slab removal. The soil
remediation required at Orono Operations Centre will proceed upon approval of
funding.
4.2 Site remediation may be required at Hampton Operations Centre and therefore
approval is requested to complete the work requirements if the environmental
assessment report indicates soil contamination levels in excess of the tolerance levels.
4.3 Staff will provide a report to Council on completion of the projects indicating the
additional funds expended as a result of soil remediation costs if the value exceeds
the estimated value of $100,000.00. The estimated cost for Orono and the costs for
Hampton is and will, be based on the unit pricing noted in Attachment 3.
5.0 INPUT FROM OTHER SOURCES
5.1 This report has been reviewed by the Purchasing Manager, with the appropriate
department and circulated as follows:
REPORT NO.: COD-015-10
PAGE 6
Concurrence: Director of Operations
Attachments:
Attachment 1 -Schedule "A", Report COD-063-09
Attachment 2 -Schedule "B", AGAT Laboratories Results
Attachment 3 -Schedule "C", Orono Yard -Contamination Clean Up
__
SCHEDULE "A"
1'
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REPORT
CORPORATE SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: Monday, November 2, 2009
Report #: COD-063-09
File #
By-law #
Subject: TENDER CL2009-41, FUEL TANK REQUIREMENTS AT VARIOUS
LOCATIONS
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report COD-063-09 be received;
2. THAT KLD Construction Limited, Ajax, ON with a total bid price of $389,085.00 (excluding
G.S.T.), being the lowest responsible bidder meeting all terms, conditions and
specifications of Tender CL2009-41, be awarded the contract for the Fuel Tan_ k
Requirements at Various locations;
3. THAT funds required in the amount of $139,185.00 be drawn from the Operations 2009
Capital Budget Account 110-36-370-83677-7401 for Depot 42; and
4. THAT funds required in the amount of $249,900.00 be drawn from the General Municipal
Reserve Fund for Hampton and Orono Operations Centre.
Submitted by: ~/l~l~~ Reviewed by:
I@lafie`"Marano, H.B.Sc., C.M.O.,
Dire~3f Corpor~ Se~ s
f~a~Scy l'ayl~r, B.B.~/,`~C.?C,
Director of Finance/Treasurer
MM\JDB\BH
Franklin Wu,
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F (905)623-4169
REPORT NO.: COD-063-09
1. BACKGROUND AND COMMENT
PAGE 2
1.1 The Operations Department have ,budgeted for a fuel station at Depot 42 in the
2009 Capital budget.
1.2 In 2009 the Municipality of Clarington fuel supplier changed from Shell Canada
Products Limited to Petro Canada. At the time of the contract award, the new
supplier requested an inspection prior to delivering product, as per Ontario
Regulation 217/01.
1.3 The inspection revealed that the underground tanks do not meet the code
requirements. As per the Liquid Fuel Handling Code 2007, the Hampton and
Orono Operations Centre are not in compliance with the Technical Standards
and Safety Authority (TSSA) requirements. The tanks are single wall Fiberglas
Reinforced plastic (FRP) and do not have drop tubes and internal overfill devices.
There are no monitoring wells. The piping is single wall galvanized steel which
must be upgraded to meet current standards.
1.4 Petroleum Technical Services, our .consultant for this project, prepared a report
which outlined the code deficiencies and provided options so that legal
compliance may be achieved.
1.5 Tenders were publicly advertised and called for the Fuel Tank Requirements at
Various Locations as required by the Operations Department. Subsequently,
two tenders and one no bid were received and tabulated as per Schedule "A"
attached.
2. ANALYSIS
2.1 The low compliant bid was submitted by KLD Construction Limited, Ajax,
Ontario.
2.2 The references for KLD Construction Limited, Ajax, Ontario have been
contacted and are satisfactory.
REPORT NO.: COD-063-09
3. FINANCIAL IMPLICATIONS
PAGE 3
3.1 .The total funds of $389,085.00 required for Tender CL2009-41 Fuel Tank
Requirements at Various Locations exceed the Operations Department budget.
3.2 Funds in the amount of $200,000.00 have been allocated for the fuel station at
Depot 42, in the Operations 2009 Capital Account 110-36-370-83677-7401. The
bid submission was received in the amount of $139,185.00. As this is a growth-
related capital project funded 90% through development charges, the cost
savings cannot be reallocated to the other two tanks that are replacements.
3.3 Hampton and Orono Operations Centres were not included in the original budget.
As both locations do not meet the TSSA requirements, the existing fuel station(s)
need to be replaced. Funds in the amount of $249,900.00 are required in order
to replace the fuel stations and bring them into compliance.
3.4 It is recommended that the funding for the Hampton and Orono Operation Centre
come from the General Municipal Reserve Fund.
3.5 Queries with respect to department needs, specifications, etc., should be referred
to the Director of Operations.
4. CONCLUSION
4.1 After review and analysis of the bids by Purchasing and Operations, it was
mutually agreed that the bid from KLD Construction Limited, Ajax, Ontario be
recommended for the contract for Tender CL2009-41 Fuel. Tank Requirements.
5. INPUT FROM OTHER SOURCES
5.1 This report has been reviewed for recommendation by the Purchasing Manager
with the appropriate departments and circulated as follows.
Concurrence: Operations Co-Ordinator
Attachments: Attachment 1 -Schedule "A", Bid Summary
REPORT NO.: COD-063-09 PAGE 4
Schedule "A"
Bid Summary
Tender CL2009-41
BIDDER Hampton 8 Orono Optional -Depot 4Z
Operations Centre TOTAL BID
TOTAL BID. (GST Excluded)
(GST Excluded),:
KLD Construction Limited $249,900.00 $139,185.00
Ajax, ON
*Cannington Construction $364,030.00 $190,175.00
Gormely, ON
Canadian Tech Air Systems Inc no bid no bid
Scarborough, ON
*non-compliant - no bid bond
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SCHEDULE "C'
K
Quotation and Contract
Member
L KLD CONSTRUCTION LTD OPCA
D Petroleum Contracting
P.O. Box 14527, (RPO Bayly)
Ajax, ON L1S 7L4
Ph:905-427-8729 Fax:905-427-7192
April 19, 2010
Municipality of Clarington
40 Temperance St.
Bowmanville, ON
L1C 3A6
Attn: Brigitta Harris
Re: Budget Price -Orono Yard -Contamination Clean Up
(Based on clean up area 12' wide x 25' long x 10' deep)
As per Unit Rates on Contract Unit Rate Ouantitv Total
Excavation of contaminated material 10.00 200 MT 2,000.00
Backfill -cost of material 8.05 200 MT 1,610.00
Backfill -place and grade 8.00 200 MT 1,600.00
Transportation and Disposal
of contaminated soil 55.20 200 MT 11,040.00
KLD Labour Rate 55.00 40 hrs. 2,200.00
As per quote date April 14`k'. 2010
Additional float move on Excavator 425.00
Removal and Disposal of 12' x 25'
reinforced concrete slab (north apron) 2,990.00
Replace asphalt in 12' x 25' area - (4" of asphalt) 4,025.00
Environmental Costs - Re: Clean Up
Approx. cost ($8,600.00) 8,600.00
TOTAL $34,490.00
If the foregoing meets your acceptance, please sign and return the following to the Seller's office or representative, this,proposal'which thereupon,
becomes a contract between us. Upon the Seller's receipt thereof, it is understood the foregoing, including all the conditions listed on face and reverse
side hereof. will constitute the frill and comylete agreemrnt between us.
Customer Acceptance: Company Acceptance:
Company Name:
KLD CONSTRUCTION LTD.
Ken Davidson
Authorized Agent (Please Print): Signature of Representative:
Ken Davidson
Signature: Title:
Owner
Date: Date: April 19, 2010
Unfinished Business #1
Excerpt of General Purpose and
Administration Committee Minutes
April 19, 2010
APPLICATION TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE
AND ACCESSORY USES
Resolution #GPA-238-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Report PSD-049-10 be tabled until the Council meeting of April 26, 2010 to allow
staff the opportunity to meet with the applicant.
CARRIED
•
Leading the Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 19, 2010 Resolution #: By-taw #:
Report #: PSD-049-10
File #: ZBA 2003-0016
Subject: TO PERMIT THE CONSTRUCTION OF A GOLF DRIVING RANGE AND
ACCESSORY USES
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-049-10 be received;
2. THAT the rezoning application submitted by 1559306 Ontario Ltd., to permit a golf driving
range, miniature golf course, clubhouse, storage facility and residential dwelling be
approved and that the By-law contained in Attachment 2 to Report PSD-049-10 be
passed; and
3. THAT all interested parties listed in Report PSD-049-10 and any delegations be advised
of Council's decision.
~~
Submitted by: li /1Lr..-~•~ Reviewed by:
e angmaid, SLA, MCIP Franklin Wu,
ting Director, Planning Services Chief Administrative Officer
PW/COS/df
12 April 2010
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE; ONTARIO L1C 3A6 T (905}623-3379 F (905}623-0830
REPORT NO.: PSD-049-10
PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: The Biglieri Group Ltd.
1.2 Owner: 1559306 Ontario Ltd.
1.3 Proposal: To permit a golf driving range, miniature golf course, clubhouse,
storage facility and residential dwelling.
1.4 Area: 16.6 ha
1.5 Location: Part Lot 20, Concession 5, former Township of Darlington
5075 Holt Road
2.0 BACKGROUND
2.1 On April 24, 2003 the Bigileri Group submitted applications on behalf of Burt Beckell to
amend the Clarington Official Plan and Comprehensive Zoning By-law to permit the
development of a golf driving range, miniature golf course, clubhouse and storage
facility. The Region of Durham also received an application to amend the Durham
Regional Official Plan on May 1, 2003 to permit the proposed uses. On June 27, 2003
the Municipality was informed by the consultant that ownership of the subject lands had
changed and that they now belong to 1559306 Ontario Ltd.
2.2 The Region of Durham held a Public Meeting on June 3, 2003 to consider the Durham
Region Official Plan Amendment. On June 24, 2009, Durham Regional Council
adopted Amendment No. 130 to the Durham Regional Official Plan, to permit a .golf
driving range and accessory uses on the subject site.
2.3 The Municipality of Clarington held a Public Meeting for this proposal on September 8,
2003. Following the Public Meeting, Council accepted the recommendation within
Staff Report PSD-091-03 that the proposal continue to be processed by Staff.
2.4 Between 2003 and 2009 there was sporadic activity regarding these planning files.
During this period, the Owner constructed a single family dwelling in the northeast
portion of the site.
2.5 On May 25, 2009, Staff Report PSD-050-08 was presented to the General Purpose
and Administration Committee to recommend the adoption of Clarington OfFcial Plan
Amendment No. 67. This recommendation was endorsed by Council on June 1, 2009.
The rezoning portion of the application could not proceed concurrently with the Official
Plan Amendment as Staff had not received sufficient information on which to make a
recommendation.
REPORT NO.: PSD-049-70 PAGE 3
3.0 LAND CHARACTERISTICS AND SURROUNDING USES
3.1 The property predominately consists of a flat to gently rolling field with a low point
located near the southwest corner of the property. This low point includes a Natural
Vegetated Feature which is subject.to the temporary ponding of surface water. The
northeast corner of the property is forested. The Applicant's single family dwelling is
located outside of the forested area in the northeastern portion of the property.
3.2 Surrounding Uses:
East: Woodlands and Rural residences
North: Agricultural land
West: Private gun club, Agricultural land and a portion of the Harmony
Black Farewell Creek Wetland Complex .
South: Agricultural land
.,
Photo taken 27Aug09
REPORT NO.: PSD-049-10 PAGE 4
Proposed ~ `~ ~ ~ ~ ~
aos - ao~ i ~ ~~~ .
~ Alignment ~ ~ ~ y 'r,,,
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' Property I ~ ~~tij ~~
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- - _ I 1~ ~~
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r' Marksmen ,
Z_ ' 'Club ~ '
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i
4.0 PROVINCIAL POLICY
4.1 Provincial Policy Statement
This application was made under the 1997 Provincial Policy Statement (PPS}. The
intention of the agricultural policies within the PPS is, first and foremost, the protection
of prime agricultural lands. However, the PPS does provide for exceptions provided
several `tests' can be sa#isiied including:
• a demonstrated need;
• there are no reasonable alternative locations; and
• no alternative locations with lower priority agricultural lands.
The applicant has satisfied these tests.
REPORT NO.: PSD-049-10
PAGE 5
4.2 Greenbelt Ptan
This application was submitted prior to the introduction of the Greenbelt Act. It was
also submitted prior to the moratorium put on all development applications within the
Greenbelt in December 2003. The moratorium did not lift until the passing of the
Greenbelt Actin 2005. Transition policies included in the Greenbelt Act, 2005,
provided that planning applications made before December 16, 2004, were not
required to conform to the Greenbelt Plan. As such, this application for an Official Plan
Amendment and Rezoning are not subject to the provisions of the Greenbelt Plan.
4.3 Growth Plan
This application was submitted prior to the introduction of The Growth Plan for the
Greater Golden Horseshoe (Growth Plan) on June 19, 2006. Transition policies
included in the Growth Plan provided that planning applications made before June 16,
2006, were not required to conform to the Growth Pian. As such, this application for
an Official Plan Amendment and Rezoning are not subject to the provisions of the
Growth Plan.
5.0 OFFICIAL PLANS
5.1 Durham Regional Official Plan
The Durham Regional Official Plan designates the subject site as "Prime Agricultural
Area". "Prime Agricultural Areas" are to be used primarily for agriculture and farm-
related uses. On June 24, 2009, Durham Regional Council adopted Amendment No.
130 to the Durham Regional Official Plan, to permi# a golf driving range and accessory
uses on the subject site. The proposed Zoning By-law amendment will further conform
to Amendment No. 130 and is permitted by the Durham Regional Official Plan.
5.2 Clarington Offrcial Plan
The Clarington Official Plan designates the subject lands "General Agricultural Area".
The predominant use of lands designated "General Agricultural Area" shall generally
be for agricultural purposes. Golf courses, or in this case a golf driving range, may be
permitted in agricultural areas by amendment to the Official Plan. On June 1, 2009,
Council adopted Amendment No. 67 to the Clarington Official Plan, to permit a golf
driving range ,mini-putt, associated storage facility and clubhouse, in addition to the
existing residential dwelling, on the subject site.
6.0 ZONING BY-LAW
6.1 Zoning By-law 84-63 zones the subject lands "Agricultural Exception (A-1 }". Permitted
land uses in this zone are predominantly limited to agricultural uses: The current
zoning does nat permit the proposed use, hence the need for an amendment to the
comprehensive Zoning By-law.
REPORT NO.: PSD-049-10
PAGE 6.
7.0 SUMMARY OF BACKGROUND STUDIES
7.1 As the Applicant had studies prepared in support of both a Durham Regional Official
Plan amendment. as well as a Clarington Official Plan amendment and Rezoning, the
Applicant opted to follow the Region of Durham's study preparation method. The
Applicant hired his own consultants to prepare the necessary studies. which were. then
peer reviewed, at the expense of the applicant.
7.2 A Planning Rationale Report was originally prepared by The Biglieri Group Ltd., April
2003.. The Planning Rationale Report was later revised during November, 2009. The
Planning Rationale Report was reviewed by Municipal and Regional Staff.
The Planning Rationale Report reviewed the Applicant's proposal against all relevant
Provincial, Regional and Mcnicipal requirements and offered the opinion that the
proposal represents sound planning. The Planning Rationale- Report states that the
proposed use will complement existing recreational uses in~the vicinity, will not inhibit
the operations of farms in the area and would be unable to locate on any better suited
land in the area.
In addressing the requirements of the Provincial Policy Statement the Planning
Rationale Report states that the Region of Durham and the Municipality of Clarington
are under serviced for golf courses, and golf driving. ranges thereby establishing a need
for the proposed use. The Applicant's consultant suggests that no other suitable
locations could be located within the area which could better accommodate the
proposed use. The Applicant's report goes on #o claim that the site could be easily
converted back to agricul#ural production due to the minimal disruption created by a
golf driving range and its associated uses.
The Durham Regional Planning Staff and the Municipality of Clarington Planning
Services Staff bath accepted the findings of the Planning Rationale Report.
7.3 An Agricultural Assessment Report was completed by VDV Consulting on January 23,
2003. The Agricultural Assessment Report was peer reviewed by DBH Soil Services
Lnc.
The Applicant's Agricultural Assessment Report states that while the soil capability is
high, the site's size {16.6 ha, of which approximately 2 ha is forested) and the absence
of existing agricultural infrastructure preclude this property from establishing a viable
commercial-scale crop-farm operation similar to those in the area. The site's proximity
to existing residences in the area, inhibits the site`s ability to accommodate livestock
facilities while complying with the Provincial requirements for Minimum Distance
Separation {MDS} and Nutrient Management.
The Applicant's Agricultural Assessment Report further states, that the originally
proposed clubhouse and storage facility would be portable allowing for its easy
removal in the event. that the driving range use should cease in the future. {The
Applicant has since indicated that the clubhouse .and storage facility wilt be permanent
structures).
REPORT NO.: PSD-049-10
PAGE 7
In conducting research of local farmer's for the Agricultural Report, the Applicant's
consultant received a number of concerns including:
• The possibility of future complaints that may be lodged ,by the driving range
owner, or his customers, against the farmers operating in the surrounding area;
• The loss of good agricultural land;
• The increase of traffic on Taunton Road; and
• The potential damage caused by golf balls.
The Applicant's Agricultural Report provides an overview of these concerns and lists
how these items have already been. addressed or will be accounted for through the
Site Plan approval process.
The peer reviewers accepted the findings of the Agricultural Assessment Report.
7.4 An Environmental Impact Statement (EIS} was prepared by Watershed Management
Ecology on June 2007. The EIS was reviewed by the Central Lake Ontario
Conservation Authority.
The EIS evaluated the current proposal with respect to natural features present both
on the subject property as well as on adjacent properties. This included an evaluation
of the poten#ial impacts on the Provincially Significant Black-Farewell Creek Wetland
Complex partially located on the neighbouring property along the west side of Hoit
Road. The EIS concluded that with the inclusion of appropriate mitigation measures
including buffers, the proposed development will not negatively impact the natural
heritage features identified on both the subject and adjacent properties.
The peer reviewers accepted the findings of the EIS.
7.5 An Hydrogeological Study was prepared by Mitz & Associates Inc. on November 2006.
The Hydrogeological Study was peer reviewed by Jagger Hims Limited.
The Hydrogeological Study evaluated the Applicant's proposal to determine the
suitability of private servicing on the site and the potential impact on natural heritage
systems. The report concluded that the site can support private servicing for the
development and that there is sufficient groundwater resources to service the
development's built form. The shat{ovv aquifer and adjacent wetlands will not be
vulnerable to this development.
The peer reviewers accepted the findings of the Hydrogeological Study.
8.0 PUBLIC SUBMISSIONS
8.1 Previous comments received in 2003, at the time of the Public Meeting, expressed
concern with the conversion of prime agricultural land to recreational land to facilitate a
golf driving range.
REPORT NO.: PSD-049-10
PAGE 8
9.0 AGENCY COMMENTS
9.1 The Region of Durham has confirmed that the proposed Zoning By-law amendment
will conform to Amendment No. 130 to the Durham Regional Official Plan and
therefore have no objection, in principle, to this proposal. However, the Region of
Durham have offered a number of comments related to the installation of a private
waste disposal system and required road widenings along Taunton Road and at the
intersection of Taunton Road and Hoit Road. Staff will ensure that these comments
are satisfactorily addressed through the Site Pian approval process.
9.2 The Central Lake Ontario Conservation Authority and Clarington Engineering Services
have both advised that they have no objection, in principle, to this proposal. Both of
these agencies have reserved the right to comment further on the application at the
. Site Plan stage.
9.3 The Minis#ry of Transportation has stated that they have no objection to the Applicant's
proposal as it relates to the planned link between Highway 401 and the proposed
extension of Highway 407.
10.0 STAFF COMMENTS
10.1 The Clarington Official Plan, the Durham Region Official Plan and the Provincial Policy
Statement .(PPS} all support and promote the protection of high quality agricultural land
from non-agricultural development. However, each of these documents also provides
Ntests" which if passed, anon-agricultural use can be permitted, which in this case, is a
golf driving range, miniature golf course and associated uses. Through the
preparation of the various studies and associated peer reviews, .these "tests", se# by
the Provincial Policy Statement, the Regional Official Plan and the Clarington Official
Plan have been met as noted in the table below.
10.2 The PPS provides opportunity for consideration of new non-residential development in
a prime agricultural area subject to satisfactory justification that includes:
2.1.3c)1. demonstrated need for Plannin, Rationale Report, prepared Yes
the designation of additional lands by The Biglieri Group Ltd., revised
to accommodate this use; November 2009.
These reports were reviewed by
Munici a! and Re Tonal Staff.
2.1.3c}2. that there are no Planning Rationale Report, prepared Yes
reasonable alternative locations on by The Biglieri Group Ltd., revised
land not identified as prime November 2009.
agricultural area; These reports were reviewed by
Munici al and Re Tonal Staff.
2.1.3c)3 that there are no Planning Rationale Report, prepared Yes
reasonable alternative locations in by The Biglieri Group Ltd., revised
prime agricultural areas with lower November 2009.
priority agricultural lands. These reports were reviewed by
Munici al and Re Tonal Staff.
REPORT NO.: PSD-049-10
PAGE 9
10.3 The Clarington Official Plan also provides that golf courses(driving ranges) may be
permitted in Agricultural Areas {located off of the Oak Ridges Moraine) provided that:
~rt
a} there is a demonstrated need
Planning Rationale Report, prepared
Yes
for such a facility in an by The Biglieri Group Ltd., revised
agricultural designation and November 2009.
there are no alternative sites in These reports were reviewed by
the Green Space or Waterfront Municipal and Regional Staff.
Greenway designations;
b} it is not located on high Agricultural Review of Proposed Golf Yes
capability agricultural lands; Driving Range & Associated-
. Development, prepared by VDV
Consulting, dated January 23, 2003.,
This report was peer reviewed by
DBH Soil Services Inc.
c) it conforms with the Minimum Agricultural Review of Proposed Golf Yes
Distance Separation Formulae; Driving. Range & Associated
Development, prepared by VDV
Consulting, dated January 23, 2003.
This report was peer reviewed by
DBH Soil Services Inc. '
d) it does not adversely impact the Agricultural Review of Proposed Golf Yes
.ability of surrounding Driving Range & Associated
agricultural operations to carry Development, prepared by VDV
on normal agricultural practices; Consulting, dated January 23, .2003.
This report was peer reviewed by
DBH Soil Services Inc.
e) it does not impact significant Hydro-geological Study, prepared by Yes
natural features and minimizes Mitz & Associates lnc., dated
impacts on watercourses, November 2006.
groundwater resources or other This report was peer reviewed by
environmentally sensitive Jagger Hims Limited.
features; Environmental Impact Statement
iEIS), prepared by Watershed
Management Ecology, dated June
2007.
This report was peer reviewed by the
Central Lake Ontario Conservation
Authority.
REPORT NO.: PSD-049-10
PAGE 10
f) it does not use quantities of Hydro-geoloqical Study, prepared by Yes
ground or surface water for Mitz & Associates Inc., dated
irrigation purposes that exceed November 2006.
the standards of the Ministry of This report was peer reviewed by
the Environment, Ministry of Jagger Hims Limited.
Natural Resources and the was also reviewed by the
This report
Conservation Authority; and .
Central Lake Ontario Conservation
Authorit .
g) it is individually serviced with a Hydro-geoloqical Study, prepared by
^ Yes
private sewage disposal system itr 8~ Associates Inc., dated
M
and private drilled well which November 2006.
complies with the standards of This report was peer reviewed by
the Ministry of the Environment Jagger Hims Limited.
and the Region. This report was.also reviewed by the
Central Lake Ontario Conservation
Authorit . .
10.4 The proponent has completed the necessary s#eps to address the requirements of the
Official Plans and the PPS. Site specific technical agency requirements will be
addressed through.the Site Plan approval process.
10.5 Traffic
At this time, Holt Road is a municipally open and maintained road for approximately
170 metres north of Taunton Road. At present only the subject site and the private
gun club to the west have frontages served by this portion of road. Discussions are
ongoing between the Municipality and the Ministry of Transportation regarding the
possibility of having Holt Road constructed and opened between Taunton Road and
Concession Road 6 as a result of the construction of the Highway 407 link. Should
this occur, it would provide, a secondary access route to the subject property via
Concession Road 6 thereby reducing the overall traffic impact on Taunton Road.
'! 0.6 Accessory Uses
In conjunction with many golf driving ranges is a variety of accompanying, accessory
uses. Those uses which have been deemed to be accessory to the operation of a golf
driving range include: a clubhouse {consisting of a restaurant and apro-shop), indoor
golf amusements (i.e. practice swing bays, golf related electronic games) a miniature
golf course (a.k.a. mini-putt), practice putting greens, practice chipping areas,
associated offices and related storage facilities.
The Planning Rationale Report identifies uses accessory to a golf driving range to also
include: a 6-9 hole .practice course as well as pitching and batting cages. Staff do not
consider these uses to be accessory to a golf driving range.
REPORT NO.: PSD-049-10
PAGE 11
As the operation of a golf driving range is seasonal in nature (approximately 7 months
according to one of the Applicant's studies) so to are the operations of the
accompanying accessory uses of a golf driving range. Since the operations of the
Applicant's golf driving range shall be during daylight hours only, the operations of the
accompanying accessory uses should also be restricted to these same hours of
operation. The operation of any of the accessory uses during hours or dates when the
golf driving range is no# operating shall be indirect contravention to the. intent of the
By-law attached to Report PSD-049-10.
In order to remain clearly secondary to the principal use (a golf driving range) on the
subject property the size of accessory uses will be limited. As part of the initial phase
of develppment, the Applicant has proposed the construction of a 223 m2 clubhouse
facility to accommodate a restaurant, pro-shop, offices and storage area. In a later
phase, the Applicant has proposed expanding the building by a further 149 m2. It is
Staff's opinion that at this time, the phase 1 proposal (a 223m2 clubhouse -- complete
with a pro shop, offices, storage area and a snack bar/canteen but not a restaurant) is
appropriate.
10.7 Parking
The Applicant's Planning Rationale Report has indicated that the golf driving range will
be designed to accommodate a maximum of sixty (60} golf tees at one time. Due to
the properties distance from the nearest settlement area and the absence of
pedestrian or cycle connections it is highly .likely that almost all patrons of this business
will travel to this property via private automobile. As a result, a minimum of sixty (60)
parking spaces should be provided. The maximum size of the parking area will be
addressed through the Site Plan Review Process:
11.0 CONCLUSIONS
11.1 Due to the limited agricultural potential of the site and due to the negligible impact on
.the surrounding properties, the Applicant has stated that it is necessary to amend the
Zoning By-law to permit a proposed golf driving range.
11.2 Taking into consideration all of the public and agency comments received, in
conformity with the amendments to the Durham Regional Official Pian and the
Clarington Official Pian and based on a thorough review of the Applicant's proposal, it
is respectfully recommended that the application to amend Zoning By-law 84-63, to
permit a golf driving range, miniature golf course, clubhouse, storage facility and
residential dwelling, be approved and that the By-law listed as Attachment 2 to Report
PSD-049-10 be passed.
REPORT NO.: PSD-049-10
Staff Contact: Paui Wirch
Attachments:
Attachment 1 -Key Map
Attachment 2 - By-law
List of interested parties to be advised of Council's decision:
1559306 Ontario Limited
The Bigileri Group
Durham Region Federation of Agriculture
Doug MacDuff
Mr. and Mrs. Fitzgerald
Libby Racansky
Linda Gasser
Durham Regional Planning
MPAC
Donna .Fraser
Stuart Glaspell
Gerd & M.J. Haagmans
Anne Kraljevic & Dianne Alilovic
Linda Leszczynski
Marksmen Club
Jody McKeen
Oshawa Vikings Rugby Club
Cornelius & Hubertha Van Wees
Santino Visconti
Wayne & Barbara Wells
PAGE 12
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Attachment 2
To Report PSD-049-1d
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2010-
being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63, as amended, of the Corporation of the Municipality of
Clarington for ZBA 2003-0016;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. Section 6.4.25 "AGRICULTURAL EXCEPTION (A-25) ZONE" is hereby added as
follows:
1
2. "6.4.25 Notwithstanding the provisions of 3.13 c., e., f., 3.16 a., 6.1 and 6.3
those lands zoned "A-25" on the attached schedule to this By-law, in addition to
the permitted residential uses, shall be used in accordance with this By-law and
the following zone definitions and regulations.
. a. Definitions
"Golf Driving Range" shall mean an outdoor facility operated for the
purpose of developing golfing techniques. Uses accessory to a golf driving
range include a miniature golf course and a clubhouse. A golf course and
an indoor golf driving range are not accessory to a golf driving range.
"Club House Facility" shall mean a facility accessory to a golf driving range
or an indoor golf driving range which may include uses such as a golf pro-
shop, snack-badcanteen, and a loungelrecreation area.
b. Permitted Non-Residential Uses
i) Golf Driving Range
c. Regulations for Non-Residential Uses
i) Lot Area (minimum) 16.6 ha
ii) Lot Frontage (minimum) 220 metres
iii) Yard Requirements for a Clubhouse
a) Front Yard (minimum) 50 metres
b) Front Yard (maximum} 150 metres
c) Interior Side Yard (minimum) 30 metres
d} Exterior Side Yard (minimum) 50 metres
e) Rear Yard (minimum} 15 metres
iv) Building Floor Area for a Clubhouse (maximum) 225 sq.m.
v) Lot Coverage 2%
vi) Building Height (maximum) 10.5 metres
vii) Loading Space Requirements
a) Loading Space Size (3 metres x 7.5 metres) 1 space
b) A required loading space may be located in a.
front yard provided that it is located a minimum
of 20 metres from any street line.
c) A required loading space is not required to be
located abutting a building or structure.
viii) Parking Requirements for a golf driving range 60 parking.
spaces (minimum)
2. Schedule "1" to By-law 84-63, as amended, is hereby further amended by
changing the zone designation from:
"Agricultural Exception (A-1) Zone" to "Agricultural Exception (A-25) Zone"
"Agricultural Exception (A-1) Zone" to "Environmental Protection {EP)
Zone"
3. Schedule "A" attached hereto shall form part of this By-law.
4. This By-iaw shall come into effect on the date of the passing hereof, subject to
the provisions of Section 34 of the Planning Act.
BY-LAW read a first time this day of 2010
BY-LAW read a second time this day of 2410
BY-LAW read a third time and finally passed this day of .2010
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk
This is Schedule "A" to By-law 2010- ,
~
passed this day of , 2010 A.D.
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®Change From "A-1" To "A-25"
0 Change From "A-1" To "EP"
Jim Abernethy, Mayor Patti L. Barrie, Municipal Clerk
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Unfinished Business #2
Excerpt of General Purpose and
Administration Committee Minutes
April 19, 2010
TAX OFFICE -CHANGE OF OWNERSHIP FEE
Resolution #GPA-253-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report FND-009-10 be received;
THAT Ms. McGuey's request be received for information; and
THAT Ms. McGuey be advised of Council's decision.
MOTION TABLED
(See following motion)
Resolution #GPA-254-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Report FND-009-10, regarding the Tax Office Change of Ownership Fee, be
tabled until the Council meeting of April 26, 2010.
CARRIED
CIaC1l~0Il REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: APR 19, 2010 Resolution#: By-law#:
Report: FND-009-14 File#:
Subject: TAX OFFICE -CHANGE OF OWNERSHIP FEE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report FND-009-10 be received;
2. THAT Ms. McGuey's request be received for information; and
3. THAT Ms. McGuey be advised of Council's decision.
~,
Submitted by: Reviewed by:
Nancy aylor B , C.A Franklin Wu,
Direct r of F ance/ Chief Administrative Officer
Treasurer
NT/hjl
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379
REPORT NO.: FND-009-10
BACKGROUND:
PAGE 2
1.0 At the meeting held March 1, 2010, Council approved the following resolution:
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 FinancelTreasurer".
1.1 A copy of Ms. McGuey's correspondence is attached, marked Attachment "A"
1.2 The Tax Collector has been in contact with Ms. McGuey in regards to the $25
administration fee and the tax payer would like this fee to be removed from her
account.
COMMENTS:
2.0 At the meeting held on November 23, 2009, Council approved report FND-032-
09 Service Fee Amendments that authorized the implementation of Ownership
Change Fee of $25.00 per taxpayer effective January 1, 2010. The Ownership
Change Fee. was part of the cost saving measures for the 2010 Budget that was
outlined in the approved Report CAO-004-09 at the Special Council meeting held
on August 31, 2009. This revenue has been included in the 2010 budget to
assist in reducing tax levy increases.
2.1 The Municipality of Clarington is not the only municipal government charging this
Ownership Change. Fee. Please refer to the below chart of the surrounding area
municipalities and their rates.
Town of
Ajax City of
Oshawa City of
Pickering Town of
Whitby
Change of Ownership fee $ 25.00 $ 10.00 $ 25.00 $ 25.00
2.2 It has been suggested that the Ownership Change Fee be charged only to
taxpayers moving into the Municipality of the Clarington for the first time.
However, there is no mechanism in place to differentiate the taxpayers moving
within or relocating from outside of Clarington's boundaries. The documentation
for ownership changes from MPAC and lawyers only includes the new address
not where an individual is moving from.
2.3 To clarify Ms. McGuey's statement in her letter, the $60 fee is for Tax Certificates
not for a photocopy of tax arrears. This fee has been charged for many years
REPORT NO.: FND-009-10
PAGE 3
and is consistent across municipalities. Lawyers offices require these tax
certificates as part of their due diligence in administering real estate transactions.
2.4 To date the revenue collected through Ownership Change Fee is $14,800.00.
Any change to the current approved process would create both budget shortfalls
in 2010 as well as refund issues.
CONCLUSION:
3.0 It is not recommended that any change be made to the currently approved fees.
Interested Parties:
Ms. McGuey
to FND-009-10
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____._._.__._ ._____.--._-- -._I
SUMMARY OF BY-LAWS
April 26, 2010
BY-LAWS
2010-040 Being a by-law to submit a question to the Electors at the Next
Regular Municipal Election to Approve Council Resolution re
Direct Election of Regional Chair (Approved by Council on
March 22, 2010)
2010-041 Being a by-law to appoint an individual as a Parking
Enforcement Officer for Private Property (John Peciak and
Michael Catering)
2010-042 Being a by-law to appoint an individual as a Parking
Enforcement Officer for Private Property (Robert McWilliam
and Nick Koitsopoulos)
2010-043 Being a by-law to adopt the estimates of all sums required during
the year and to strike the rates of taxation for municipal purposes
for the year 2010
2010-044 Being a by-law to authorize the execution of the Memorandum of
Understanding between the Corporation of the Municipality of
Clarington and Don and Donna Adams, Gail and Chuck
MacDonald, Shirley Fowler, Jean Severs, Edwin (Ted) and
Lynda Bounsall, Gary Cole, Sharon Eccles and Judith Ginou
(Item 2 of Report #1)
2010-045 Being a by-law to ratify and confirm a realty services agreement
between Ryan Realty Services Ltd. and the Municipality of
Clarington and to authorize the payment of commission to Ryan
Realty Services Ltd. provided in the Agreement of Purchase and
Sale between the Municipality of Clarington and 1529250 Ontario
Inc. of the lands more particularly described as Parts 2, 3, 4 and 5
on Plan 40R-25845, Part Lot 30, Concession 3, former Township
of Darlington, 182, 186, 190 and 194 George Reynolds Drive,
Courtice (Item 6 of Report #1)
2010-046 Being a by-law to ratify and confirm-the Agreement of Purchase
and Sale between the Municipality of Clarington and 1529250
Ontario Inc. of the lands more particularly described as Part 2, 3, 4
and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former
Township of Darlington, 182, 186, 190 and 194 George Reynolds
Drive, Courtice (Item 6 of Report #1)
Summary of By-laws - 2 - April 26, 2010
2010-047 Being a By-law to authorize the sale and transfer to 1529250
Ontario Inc. of the lands more particularly described as Parts 2, 3,
4 and 5 on Plan 40R-25845, Part Lot 30, Concession 3, former
Township of Darlington, 182, 186, 190 and 194 George Reynolds
Drive, Courtice (Item 6 of Report #1)
2010-048 Being a By-law to authorize an agreement between the
Corporation of the Municipality of Clarington and the Regional
Municipality of Durham to continue delegating the responsibility for
administration and enforcement of the Building Code Act and the
Ontario Building Code in respect of sewage systems (Item 7 of
Report #1)
2010-049 Being a By-law to amend By-law 84-63, the Comprehensive
Zoning By-law for the Corporation of the former Town of
Newcastle (1559306 Ontario Ltd.) (Unfinished Business #1)
HANDOUTS/CIRCULATIONS
COUNCIL
Cl~r~ n M E M O
Leading the Wa}
CLERK'S DEPARTMENT
To: Mayor Abernethy and Members of Council
From: Patti L. Barrie, Municipal Clerk
Date: April 23, 2010
Subject: COUNCIL AGENDA -APRIL 26, 2010
Please be advised of the following regarding Monday's meeting:
DELEGATIONS
Tom Rees, The Biglieri group has cancelled his delegation. There are no other delegations
scheduled for this meeting.
CORRESPONDENCE
Corresadndence for Direction
D - 14 Martha Rutherford Conrad, Executive Director, Clarington Museums and Archives
advising of the resignation of the Programme Co-ordinator from the Clarington
Museums and Archives and requesting approval to advertise and fill the position
within the approved 2010 budget.
UNFINISHED BUSINESS
(Motion for Direction)
Attached please find a Memorandum from the Deputy Treasurer providing information with
respect to Unfinis Business #2 -Report FND-009-10 -Tax Office -Change of Ownership
Fee. This ma r wa tabled to Council by the General Purpose and Administration
Committee April , 2010.
Patti L. Barrie, CMO
Municipal Clerk
PLB/cf
Attachment
cc: Frank Wu,.Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
Clam ~
Leading the Way
MEMO
FINANCE
To: Mayor and. Members of Council
From: Lori Gordon, Deputy Treasurer
Date: April 22, 2010
Subject: INFORMATION REGARDING REPORT# FND-009-10
This memo is in response to Ms McGuey's delegation to Council at the April 19, 2010 meeting
regarding Finance's report FND-009-10 on the Tax Office Change of Ownership Fee. Please
see Attachment "A" for a copy of Report FND-009-10.
During Ms McGuey's delegation to Council at the April 19, 2010 meeting, Ms McGuey felt her
question in her letter dated January 29, 2010, pertaining to the "ownership change
administrative fee and that staff administrative salaries are overhead costs, and, as such are
funded from revenue collected through property taxes" was not adequately answered.
The ownership change fee is a cost recovery fee imposed to the corresponding taxpayer.
Council approval of report FND-032-09 on Service Fee Amendments was in accordance with
the Ontario Municipal Act, 2001, under section 391 (1)(a) that authorizes a municipality to
impose fees or charges for services or activities provided or done by or on behalf of it.
Whereas, property taxes are levied on property taxpayers within the whole municipality to raise
revenues to provide municipal services to all.
Ms McGuey also asked 2 more questions that were not included in her letter.
The first question was why she did not receive a tax bill?
Property tax bills are mailed out to the owners on the tax roll at the time of issuing the tax bills.
The Tax staff issues to new owners, a standardized letter welcoming the owners to the
municipality and advises that there are 4 tax installments each year -February; April; June
and September. The issuance of the new owner letter is triggered by the ownership change
list received from MPAC. The letter also discloses that it's the owner's responsibility to pay
his/her property taxes and if the owner does not receive a property tax bill, the owner is to
contact the Tax Office.
40
CORPORATION OF
BOWMANVILLE, ONT
MUNICIPALITY OF CLARINGTON
yUb-til:i-33/y F
The second question was why she was charged the ownership change fee of $25.00? If the
ownership change fee was only effective starting January 1, 2010 as she sold and bought in
the Municipality of Clarington in October/November 2009.
Ms McGuey's ownership change was received from MPAC in January 2010 and her ownership
for her new home had to be amended on the 2010 returned tax roll. To be fair and consistent
to all taxpayers, any ownership changes that amend the 2010 returned tax roll are subject to
the Ownership Change Fee of $25.00 effective January 1, 2010 as approved by Council in
Report FND-032-09.
I had a conversation with Ms McGuey on the afternoon of Friday, April 23, 2010 and she
understands the municipality's point of view of the situation. However, Ms McGuey feels that
the Ownership Change Fee is not a cost recovery charge as the municipality must maintain the
tax roll in order for the tax bills to be sent out correctly.
Sincerely,
~~/~~.
Lori Gordon,
Deputy Treasurer.
/hjl
Cc: Franklin Wu, Chief Administrative Officer
Nancy Taylor, Director of Finance/Treasurer
Attachment
Attachment "A"
CIc~ClO~°t0Il REPORT
FINANCE DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION
Date: APR 19, 2010 Resolution#: By-lavv#:
Report: FND-008-10 File#:
Subject: TAX OFFICE -CHANGE OF OWNERSHIP FEE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report FND-009-10 be received;
2. THAT Ms. McGuey's request be received for information; and
3. THAT Ms. McGuey be advised of Council's decision.
Submitted by:
Reviewed by: ~ ~~~~-" -
Franklin Wu,
Chief Administrative Officer
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CORPORATFON OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379
Treasurer
REPORT NO.: FND-008.10
PAGE 2
BACKGROUND:
1.0 At the meeting held March 1, 2010, Council approved the following resolution:
Resolutidn 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".
1.1 A copy of Ms. McGuey's correspondence is attached, marked Attachment "A"
1.2 The Tax Collector has been in contact with Ms. McGuey in regards to the $25
administration fee and the tax payer would like this fee to be removed from her
account.
COMMENTS:
2.0 At the meeting held on November 23, 2068, Council approved report FND-032-
08 Service Fee Amendments that authorized the implementation of Ownership
Change Fee of $25.00 per taxpayer effective January 1, 2010. The Ownership
Change Fee was part of the cost saving measures for the 2010 Budget that was
outlined in the approved Report CA0-004-09 at the Special Council meeting held
on August 31, 2009. This revenue has been included in the 2010 budget to
assist in reducing tax levy increases.
2.1 The Municipality of Clarington is not the only municipal government charging this
Ownership Change Fee. Please refer to the below chart of the surrounding area
municipalities and their rates.
Town of
Ajax City of
Oshawa City of
Pickering Town of
Whitby
Change of Ownership fee $ 25.00 $ 10.00 $ 25.00 $ 25.00
2.2 It has been suggested that the Ownership Change Fee be charged only to
taxpayers moving into the Municipality of the Clarington for the first time.
However, there is no mechanism in place to differentiate the taxpayers moving
within or relocating from outside of Clarington's boundaries. The documentation
for ownership changes from MPAC and lawyers only includes the new address
not where an individual is moving from.
2.3 To clarify Ms; McGuey's statement in her letter, the $60 fee is for Tax Certificates
not for a photocopy of tax arrears. This fee has been charged for many years
REPORT NO.: FNO-009-10
PAGE 3
and is consistent across municipalities. Lawyers offices require these tax
certificates as part of their due diligence in administering real estate transactions.
2.4 To date the revenue collected through Ownership Change Fee is $14,800.00.
Any change to the current approved process would create both budget shortfalls
in 2010 as well as refund issues.
CONCLUSION:
3.0 It is not recommended that any change be made to the currently approved fees.
Interested Parties:
Ms. McGuey
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Attachment 1 to FND-009-10
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