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HomeMy WebLinkAbout05/31/2010 Council Meeting Minutes May 31, 2010 Minutes of a regular meeting of Council held on May 31, 2010 at 7:00 p.m., in the Council Chambers. Councillor Novak led the meeting in prayer. Prior to the start of the meeting, a moment of silence was observed to acknowledge Fallen Canadian Soldiers, Trooper Larry Rudd, Colonel Geoff Parker, Private Kevin Thomas McKay, Petty Officer Second Class Craig Blake, Private Tyler William Todd, Corporal Joshua Caleb Baker, and Corporal James Fitzpatrick, who lost their lives in the line of duty in Afghanistan since February, 2010. 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: Municipal Solicitor, A. Allison Deputy Fire Chief, M. Berney Director of Engineering Services, T. Cannella Director of Community Services, J. Caruana Director of Operations, F. Horvath Deputy Treasurer, L. Gordon Acting Director of Planning Services, F. Langmaid Director of Corporate Services and Human Resources, M. Marano Administrative Assistant to the Municipal Clerk, C. Fleming Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. ANNOUNCEMENTS Franklin Wu, Chief Administrative Officer, stated it was his honour and pleasure to introduced Andy Allison, Solicitor, the newest member of Clarington’s Senior Management Team. Mr. Wu highlighted Mr. Allison’s previous legal experience in both the public and the private sectors and advised that Mr. Allison is looking forward to future challenges as he commences his role as Clarington’s Municipal Solicitor. Council Meeting Minutes - 2 - May 31, 2010 Mayor Abernethy, on behalf of Council, also welcomed Mr. Allison to the Municipality. Councillor Novak announced that she had attended the following events: ? The Mr./Ms. Community Living Oshawa/Clarington Comedy Auction, on May 18, 2010 ? The Bethesda House Dinner and Auction ? The Official Opening of Shoeless Joe’s in Courtice on May 19, 2010 ? Archibald Orchard’s Simply Social Event ? The Heart and Stroke Wrap-Up Event where Nancy McMaster was honoured for 30 years of Service ? The Purina Walk for Dog Guides She also represented the Municipality at the White Cliffe Retirement Residence indicating that White Cliffe had received the highest award of excellence for service from the ORCA. She also expressed appreciation to the Courtice Lions Club on the opening of the Millennium Trail in north Courtice. Councillor Hooper announced the following: ? He assisted with the Fire House Youth Centre’s “Battle of the Bands” on May 28, 2010. ? On May 30, 2010, he, along with Councillor Woo, represented the Municipality th at the 172 Clarington Royal Canadian Air Cadet Squadron’s 5 Annual Review. ? On June 5, 2010, the Heroes Highway Ride Event will take place with 3,000 motorcyclists entering downtown Bowmanville for a Show and Shine from 12:00 noon until 5:00 p.m. Councillor Foster announced the following: ? The Courtice Lions Club Walk for Dog Guides was held on Saturday, May 29, 2010. Councillor Foster presented Councillor Novak with a plaque from the Courtice Lions Club for attending the event. ? The Official Opening of the Millennium Trail and new sign unveiling was held on Friday, May 28, 2010. Councillor Foster expressed appreciation to staff. ? On May 13, 2010, The Rotary Club of Courtice hosted the 1st Annual Clarington Youth and Community Leadership Dinner. ? Councillor Foster congratulated Metroland Reporter Jennifer O’Meara for being awarded Ontario Community Newspaper Association’s Reporter of the Year. ? There will be a ribbon-cutting ceremony for the new Moda il Salon, in Courtice on Sunday, June 6, 2010, at 11:30 a.m. Council Meeting Minutes - 3 - May 31, 2010 Councillor Robinson announced the following: ? On May 29, 2010, Members of Council attended the official opening of the Agri- Tourism expansion at Bloomfield Farms in Newcastle and a fundraising event in support of Big Brothers and Big Sisters of Clarington which was held in conjunction with the opening. ? On May 30, 2010, he attended the 279 Bowmanville Royal Canadian Sea th Cadet’s 29 Annual Review Councillor Woo announced the following: ? On May 26, 2010, he, along with Councillor Hooper, attended the Association of Hospital Volunteers – Bowmanville’s Salad Luncheon and Fashion Show. He noted the Association has been an important and integral part of Lakeridge Health Bowmanville for over 98 years and the members’ fundraising efforts help to provide financial support to purchase essential equipment for the hospital. ? The Heroes Highway Ride takes place on Saturday, June 5, 2010, in downtown Bowmanville. ? Doors Open Clarington will take place on Sunday, June 6, 2010, providing an opportunity for visitors to discover first-hand Clarington’s hidden heritage treasures. ? On June 5 and 6, 2010, at 2:00 p.m., Trails Open Ontario will be hosting a hike through the Samuel Wilmot Nature Area. ? The 8th Annual Alfie Shrubb 8k Classic takes place on June 6, 2010. th Mayor Abernethy announced that the 7 Annual Orono Bluegrass Festival held May 28, 29 and 30, 2010, was the most successful festival to date. Resolution #C-217-10 Moved by Councillor Hooper, seconded by Councillor Foster THAT the minutes of a regular meeting of Council held on May 10, 2010, be approved. “CARRIED” PRESENTATIONS Stu Seedhouse, Senior Vice President, Darlington Nuclear addressed Council to present Ontario Power Generation’s (OPG) Annual Operational Update and expressed appreciation to Council for providing him with the opportunity to speak about performance at Darlington. Mr. Seedhouse introduced Sandy Stock, Director of Engineering, and Vanessa Hughes, Public Affairs Manager, who were also in attendance at the meeting. Through use of a PowerPoint presentation, Mr. Seedhouse provided a brief update on OPG’s 2009 performance and a snapshot of what’s happening in 2010. Council Meeting Minutes - 4 - May 31, 2010 Mr. Seedhouse reviewed OPG’s Nuclear Vision to achieve sustained performance in the top quartile of the world’s nuclear facilities, striving to become the best in the world and indicated that providing safe, reliable, cost-effective generation, operating in an open and environmentally-responsible manner is what OPG does. Mr. Seedhouse stated that public and employee safety is OPG’s top priority, noting the company has surpassed 7 million hours without a lost-time injury and has been awarded the Electrical and Utilities Safety Association Gold Award, which no other utility has achieved. He stated that OPG is proud of its ongoing commitment to the environment through its certification to ISO 14001 Environmental Management System standards, Wildlife Habitat Council certification and receipt of the “CEO” Conservation, Education, Outreach Award, noting that community programming and partnerships support environmental education initiatives and are key factors in OPG’s receipt of various awards. Mr. Seedhouse confirmed OPG’s commitment to the community, advising that employees are active in the local community, contributing both monetarily and by donating their time and skills and that in 2009, the Corporate Citizenship Program supported 110 local charities, community groups and events and donated over $250,000 to charitable causes. Mr. Seedhouse stated Darlington Station’s operating focus is to be reliable, to operate when they say they will and to keep the plant reliable and operating safely by regular maintenance. He provided a review of the Vacuum Building Outage and highlighted the results of a peer review from the World Association of Nuclear Operators validating that the operations of the Darlington Nuclear Station are meeting world standards and continue to improve. Mr. Seedhouse provided an overview of items OPG is focusing on for 2010. He discussed the Darlington Water Release indicating that an intrusive in-depth review of procedures in three areas was undertaken resulting in a number of actions being put into place. Mr. Seedhouse advised that the Darlington New Nuclear Environmental Assessment is continuing and there are a number of activities underway this fall. He further discussed the 250,000 square foot building to be constructed in the Clarington Energy Park indicating that the Information Centre would be moving to that location. Mr. Seedhouse summarized plans for the Darlington Refurbishment announced in April, and highlighted phases of refurbishment which will extend operations to 2050. DELEGATIONS Bob Kreasul addressed Council concerning Unfinished Business #1 - Resolution #C-201-10 – Regarding Dredging of Bowmanville Creek. Mr. Kreasul stated that the issue of dredging has been discussed in detail and felt it was now time to make a decision. Mr. Kreasul stated the issue at hand is one of the Municipality paying its fair share for access to the marina. He noted the harbour generates $3 million in direct revenue from charter boats, over $1 million in non-resident fishing licences and is an asset to the tourism industry, with over 200,000 visitors using the facilities. He advised the estimated cost to dredge the channel from the boat launch ramp to the lake and dumping the silt is $40,000, and that businesses based at the harbour have contributed well over $1 million to the Municipality. Mr. Kreasul urged Council, on behalf of Clarington residents who maintain boats, to help with the dredging and to welcome visitors to the community. Council Meeting Minutes - 5 - May 31, 2010 Linda Gasser addressed Council concerning Staff Report # 1 - Report PSD-067-10 – Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing’s Draft Decision on Regional Official Plan Amendment No. 128. Ms. Gasser stated that due to imposed time constraints, she would focus her comments on the living area expansion east of Courtice Road, South of Highway 2 and the suitability of any living area expansions in Courtice Air Quality “hot spot”. Ms. Gasser stated the Ministry has recommended deletion of the proposed Employment Area in the area of the proposed 407-Link and stated whether it’s the Province or the Region that does not accept the need for the 407 Link Employment Area, Clarington’s planning rationale should remain consistent noting without the 407-Link employment area, it would further skew Clarington’s dismal jobs-to-population ratio, and Council should not support this Living Area east of Courtice Road, South of Highway 2. Ms. Gasser indicated that air pollution from the proposed Highway 407 link and future expansion of the 401 will add significantly to Courtice’s already burdened air shed. She noted that the Environmental Assessment study for Durham’s proposed incinerator has provided much data about Courtice’s ambient air quality and about the significant sources of air pollution – existing and proposed – to that part of Clarington. Ms. Gasser expressed concern that Courtice already has the highest level of Nitrogen Dioxide when compared to several southern Ontario communities including Hamilton and Sarnia and that particulate matter emissions are already just under the Canada Wide Standard, and exceed levels for ozone. She also felt that rather than attracting prestige employment as originally envisioned, if the incinerator is approved, the Energy Park may only attract similar polluting heavy industry which may result in reduced municipal property taxes, revenues from the Energy Park over the longer term and that Members of Council who supported the incinerator will have succeeded in making Courtice an even bigger air pollution hot spot than it already is, without also improving Clarington’s employment numbers or revenue. Ms. Gasser believes that if you don’t build the employment area, then you don’t need the living area. Libby Racansky addressed Council concerning Staff Report # 1 - Report PSD-067-10 – Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing’s Draft Decision on Regional Official Plan Amendment No. 128. Ms. Racansky indicated that she would be concentrating her comments on the deletion of the Special Study Area and its logical substitute – extension of the urban boundary in Courtice South. Ms. Racansky stated she cannot understand the rationale for developing sensitive areas of Courtice north, draining the marshes, clearing the magnificent forested swamps and killing of the wildlife that reside there and stated if Council will not delete the Special Study Area, then even Courtice south urban boundary should be deleted. Ms. Racansky indicated that according to the Report PSD-067-10 Clarington staff indicate they are not opposed to the recommendation to exclude the Special Study Areas, but claim that landowners were not notified of the change and landowners are preparing some kind of background studies. Ms. Racansky feels there were plenty of opportunities during the OPA 128 Public Meetings to express their wishes and that many citizens requested the deletion but were not understood by the Region, only by the Province. Council Meeting Minutes - 6 - May 31, 2010 Ms. Racansky feels that the Special Study Area is the last area that is protecting spawning grounds in Farewell Creek and to develop the Special Study area would not be a sustainable process, according to the growth plan. She feels that much has been lost already and that Council has the opportunity to rectify inappropriate development of the groundwater recharge area and can delete the Special Study from the urban boundary to make Courtice a safer community and to ease the burden of staff who must think of special ways to develop this approved suffering area. COMMUNICATIONS Resolution #C-218-10 Moved by Councillor Woo, seconded by Councillor Trim THAT the communications to be received for information be approved, with the exception of Items I - 8 and I - 14. “CARRIED” I - 1 Minutes of the Living Green Community Advisory Committee dated November 24, 2009 and March 23, 2010 I - 2 Minutes of the Ganaraska Region Conservation Authority dated April 15, 2010 I - 3 Minutes of the Clarington Accessibility Advisory Committee dated May 5, 2010 I - 4 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 16, 2010 I - 5 Minutes of the Samuel Wilmot Nature Area Management Advisory Committee dated May 11, 2010 I - 6 Minutes of the Task Force for Attracting Higher Education Facilities dated May 6, 2010 I - 7 Minutes of the Central Lake Ontario Conservation Authority dated May 18, 2010 I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to the Honourable Brad Duguid, Minister of Energy and Infrastructure, and the Honourable Jim Bradley, Minister of Municipal Affairs and Housing, advising that on May 12, 2010, Regional Council endorsed Council’s resolution of April 12, 2010, requesting the Province to grant an extension of the June 16, 2010, deadline to June 10, 2011, to amend the Clarington Official Plan to conform with the Growth Plan. Council Meeting Minutes - 7 - May 31, 2010 I - 10 Leesa Venning, Program Coordinator, Rehabilitation and Employment Services, Canadian Mental Health Association, writing on behalf of the Making Connections Clarington Resource Centre, the Advisory Committee, volunteers and staff, expressing appreciation to Council for their support and approval of a Municipal Grant in the amount of $1,000. I - 11 J. R. Powell, Chief Administrative Officer, Central Lake Ontario Conservation Authority (CLOCA), forwarding CLOCA’s 2010 budget as approved by the Board of Directors on April 20, 2010. I - 12 Clifford Curtis, P.Eng., Commissioner of Works, Region of Durham, responding to Council’s correspondence of May 10, 2010, requesting the Region to reprioritize their Capital Works project to include the total reconstruction of Liberty Street rather than interim surface condition improvements; indicating that there is no opportunity to advance the reconstruction to this year’s construction season and that the Region will examine the priority for the Liberty Street reconstruction as part of their 2011 Road Servicing and Financing Study; and, advising that the Region will be proceeding with improvements to the surface of Liberty Street as an interim measure. I - 13 P. Madill, Regional Clerk, Regional Municipality of Durham, advising that on April 21, 2010, Regional Council adopted By-law 20-2010, being a by-law to submit a question to the electors in all lower-tier municipalities in the Regional Municipality of Durham at the next regular municipal election to be held on October, 25, 2010; attaching a copy of By-law 20-2010; and, indicating one appeal has been received and will be forwarded to the Chief Electoral Officer by June 3, 2010. I - 15 Glenna Carr, Chair of the Board, Atomic Energy of Canada Limited (AECL), expressing appreciation to Mayor Abernethy, on behalf of the members of the Science, Technology and Nuclear Oversight Committee of AECL’s Board of Directors, for meeting with them and sharing the Municipality’s perspective on the history and recent developments in the area, including Port Granby, and how these important projects are unfolding in the two areas affected. I - 8 Minutes of the Clarington Agricultural Advisory Committee dated April 8, 2010 Council Meeting Minutes - 8 - May 31, 2010 Resolution #C-219-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT theMinutes of the Clarington Agricultural Advisory Committee dated April 8, 2010, be received for information. “CARRIED” I - 14 Jim Chan, Project Manager, Canadian Environmental Assessment Agency, advising $25,000 is available under the Agency’s Participation Funding Program to assist groups or individuals (i.e. non-municipal) in participating in the Federal Environmental Assessment of the proposed Highway 407 East Transportation Corridor Project. The Participant Funding Program Guide, the application form and the contribution agreement are available on the Agency’s Web site at www.ceaa-acee.gc.ca. Applications received by June 23, 2010, will be considered. Resolution #C-220-10 Moved by Councillor Foster, seconded by Councillor Robinson THAT Correspondence Item I – 14 be referred to the Municipal Clerk to place information on the Municipal website. “CARRIED” CORRESPONDENCE FOR DIRECTION Correspondence Items D - 14, D - 15, D - 16 and D - 17 were received as hand outs. Resolution #C-221-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D - 9 and hand out Correspondence Items D - 14 to D - 17 be approved as per the agenda. Council Meeting Minutes - 9 - May 31, 2010 D - 1 Tracylynn Hu, Program Coordinator, Heart & Stroke Foundation – Durham Region, requesting permission to hold their annual Heart and Stroke Big Bike Fundraising Event on Tuesday, June 22, 2010, from the host site at Kelsey’s Restaurant; enclosing the route map; and, advising they will provide proof of insurance and will apply for a road occupancy permit following Council approval. (Approved provided the organizer’s apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 2 Mark Cousins, Chair, Ontario Family Fishing Weekend Steering Committee, advising the annual Ontario Family Fishing Weekend has now become a nine-day event to run from Saturday, July 3 through to Sunday, July 11, 2010, as a licence-free fishing week; indicating the event will include fish festivals, clinics, or conservation and educational activities that may be held in the area; and, requesting that July 3 to July 11, 2010, be proclaimed “Ontario Family Fishing Week”. (Proclaimed) D - 3 Derrick Mckay, Race Director, Courtice Kids Multisport Series, advising that the “Courtice Kids of Steel Triathlon” is planned for Sunday, August 22, 2010; requesting permission for road closure status on Nash Road and Green Road from 9:00 a.m. to 11:30 a.m.; indicating they will be providing insurance coverage of up to $5 million; and, that appropriate road closure permits for Courtice Road will be obtained from the Region of Durham. (Approved provided the organizer’s apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 4 Newcastle Business Improvement Area requesting the closure of Church Street from King Avenue to Emily Street on June 26, 2010, from 9:00 a.m. until 4:00 p.m. for the celebration of “Canada Then and Now”. (Approved provided the organizer’s apply for and obtain a Road Occupancy Permit from the Engineering Services Department) Council Meeting Minutes - 10 - May 31, 2010 D - 5 Hanna Huxter, expressing concern with the condition of railway fencing along Waverly Road that is permitting teenagers to trespass on the rail line; and, requesting that repair of the fencing be addressed to avoid potential injuries or fatalities. (Correspondence referred to the Director of Engineering Services) D - 6 Gerry Phillips, Chair of Cabinet, Minister Without Portfolio, Responsible for Seniors, advising nominations are being accepted for the annual Senior Achievement Awards, awards highlighting the significant voluntary and professional achievements made by individuals after they have reached the age of 65; and, encouraging Council to participate in the 2010 Senior Achievement Award Program by nominating a deserving senior. Nomination forms for The Senior Achievement Award Program are available at www.ontario.ca/honoursandawards and are due by June 15, 2010. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) D - 7 Rev. Paul Massel, Pastor, St. Joseph’s Parish, requesting an exemption from the noise by-law and permission to close Parkway Crescent beginning at Liberty Street from 10:00 a.m. until 3:00 p.m. on Sunday, June 20, 2010, to hold a parish mass and picnic. (Exemption to the curfew requirements contained in Clarington Noise By-law 2007-071 to St. Joseph’s Parish be approved; and, that the road closure be approved provided the organizer’s apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 8 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration, inviting nominations for the Ontario Medal for Good Citizenship, a program to recognize and honour Ontarians, who through exceptional long-term effort, have made outstanding contributions to life in their communities. Nomination forms are available on line at www.citizenship.gov.on.ca/ or by contacting the Ontario Honours and Awards Secretariat. The deadline for submission is August 17, 20010. (Correspondence referred to the Municipal Clerk to place information on the Municipal website) Council Meeting Minutes - 11 - May 31, 2010 D - 9 Linda Duffie, Lions Club of Bowmanville, requesting permission to th hold the 15 Annual Duck Derby on June 19, 2010, from 9:30 a.m. until 2:00 p.m. This year the event will not require Clarington Works front-end loader or the police and proof of insurance has been delivered to Ron Baker, Engineering Services Department. (Approved provided the organizers apply for and obtain a Road Occupancy Permit from the Engineering Services Department) D - 14 Harvey and S. Ostrander, respectfully suggesting that the Municipality of Clarington participate in the Newcastle Bond Head channel in the area of the public boat launch for the benefit of both residents and visitors alike; advising that the municipally-owned parkette, public boat launch and pier are used regularly and increasingly at Newcastle Bond Head by individuals of all ages and abilities; suggesting that it would seem reasonable that the Municipality contribute to the costs of maintaining the area both on shore and in channel to support the recreational pastimes of its residents and to foster the economic spinoff for the development and business community by ensuring visitors from the lake have safe and convenient access to the community; advising that currently there is nowhere for a boat to get safely off the lake between Oshawa and Cobourg, other than Newcastle; and, submitting that waterfront assets are every bit as deserving of the municipality’s financial support as any other recreational pursuit such as arenas, baseball diamonds or community pools and that Lake Ontario, Bond Head, the pier, the boat launch and the channel also make Clarington the wonderful place that it is. (Advised of action taken regarding Unfinished Business #1 - Resolution #C-201-10 – Regarding Dredging of Bowmanville Creek) Council Meeting Minutes - 12 - May 31, 2010 D - 15 Chris Clements, expressing concern that the Kaitlin Group has raised docking fees at the Newcastle Harbour for certain owners of boats that draw more than 5 feet in depth; that as a private enterprise/business, he does not feel that Kaitlin should be entitled to government funding or that the residents of Clarington would benefit by this; indicating that there is a public boat launch on the other side of the channel which can only handle small boats that only require three feet of water and would not require dredging; and, suggesting that it appears that Kaitlin only wants Kaitlin homeowners to use the harbour as residents who purchased homes from Kaitlin, did not have to pay the surcharge. (Advised of action taken regarding Unfinished Business #1 - Resolution #C-201-10 – Regarding Dredging of Bowmanville Creek) D - 16 Bill Harford, requesting that the Municipality provide assistance in the matter of dredging out the Bowmanville Creek and harbour entrance; advising that Port Darlington has been known not only as a destination for boaters but also a harbour to escape of out stormy Lake Ontario but currently the entrance is badly silted and is a danger; indicating that in previous years the Federal government dredged it out , improved the east break wall and have maintained a navigation light at the end of the west break wall; suggesting that the Municipality investigate potential opportunities for Provincial and Federal funding as the harbour is a tourist attraction that brings revenue and visitors to Clarington; and, requesting Council’s support of the project and the establishment of an ongoing program to ensure the harbour and creek up to the public launch site remains safe and navigatible for small craft. Mr. Harford also feels it would be in the Municipality’s interest to assist in Newcastle as well. (Advised of action taken regarding Unfinished Business #1 - Resolution #C-201-10 – Regarding Dredging of Bowmanville Creek) D - 17 Kerry Meydam forwarding comments on Report PSD-067-10 – Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing’s Draft Decision on Regional Official Plan Amendment No. 128 advising that she has no problem with the recommendation to include additional employment lands in south Courtice; however, she is in complete agreement with the Province in their draft decision to remove the Special Study Areas 3 and 4 (the “finger” in North Courtice) from the Regional Official Plan; requesting that Council consider that Planning Services staff have consistently opposed the inclusion of Special Study Areas 3 & 4 in Courtice within the expanded urban boundary; indicating that there are no services Council Meeting Minutes - 13 - May 31, 2010 in the special study areas and suggesting that efforts be concentrated on expanding services to the areas south of Highway #2 to include both residential and employment lands as those areas are more easily serviced, close to Highway #2, Highway 401 and the Highway 407 link; and, urged Council to stop the sprawl into sensitive areas to the north. (Advised of action taken regarding Staff Report #1 – Report PSD-067-10 – Growth Plan Implementation: Response to Ministry of Municipal Affairs and Housing’s Draft Decision on Regional Official Plan Amendment No. 128) D - 10 Libby Racansky requesting that Paragraph 7 of Resolution #C-158-10 concerning the Growth Plan for the Greater Golden Horseshoe adopted by Council on April 12, 1010, be corrected to change reference to “special policy areas” to “special study areas”; and requesting clarification of Councillor Novak’s announcement concerning attendance at a “Friends of the Farewell” dinner on April 22, 2010, as Ms. Racansky is a member of the “Friends of the Farewell” and is not aware of any event taking place that evening. Resolution #C-222-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the Minutes of the April 12, 2010, Council Meeting be corrected as follows: “THAT Paragraph 7 of Resolution #C-158-10 concerning the Growth Plan for the Greater Golden Horseshoe be corrected to replace the words “special policy areas” with the words “special study areas”; and THAT the Minutes of the April 26, 2010, Council Meeting be corrected as follows: THAT under the Announcements Section on Page 1, the words “Friends of the Farewell” be replaced with the words “Friends of the Second Marsh”. “CARRIED” Council Meeting Minutes - 14 - May 31, 2010 D - 11 Mayor Rick Bonnette, Town of Halton Hills, advising Council that on May 12, 2010, the Town of Halton Hills adopted the following resolution pertaining to Statistics Canada Rural Research Group – A Critical Support for Rural Sustainability: “WHEREAS Statistics Canada has recently decided to terminate funding for its Rural Research Group; WHEREAS the Rural Research Group has provided essential capacity and expertise to the Government of Canada and other rural stakeholders including municipalities on rural policy issues, and is unique in the federal government in its ability to provide the data and analysis needed to support a comprehensive agenda on rural sustainability; WHEREAS rural communities need an enduring commitment from the Government of Canada to ensure that rural priorities receive the sustained resources and attention they require; WHEREAS FCM’s 2009 report, Wake Up Call: The National Vision and Voice We Need for Rural Canada, calls for a rural champion in Cabinet, who will require exactly the type of research capacity provided by the Rural Research Group in order to coordinate and maximize federal support for rural sustainability; BE IT RESOLVED THAT the Town of Halton Hills urges the Government of Canada to reverse its decision to terminate funding for the Rural Research Group, as a first step toward a more comprehensive federal approach to supporting rural sustainability. AND BE IT FURTHER RESOLVED THAT this resolution be forwarded to the Federation of Canadian Municipalities for immediate circulation to Municipalities for their support. AND BE IT FURTHER RESOLVED THAT this resolution be placed as an emergency resolution for discussion and adoption at the 2010 FCM AGM. AND BE IT FURTHER RESOLVED THAT the Hon Michael Chong, MP Wellington Halton Hills be so advised as well as all member Municipalities of the greater Toronto Area Countryside Mayors Alliance and Halton area Municipalities.” Council Meeting Minutes - 15 - May 31, 2010 Resolution #C-223-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT the resolution from the Town of Halton Hills, with respect to Statistics Canada Rural Research Group – A Critical Support for Rural Sustainability, be endorsed. “CARRIED” D - 12 Mike Galloway, Clerk & Deputy CAO, Corporation of the Township of Essa advising Council that on May 5, 2010, the Township of Essa adopted the following resolution pertaining to Private Member’s Bill 13: “WHEREAS Private Member’s Bill 13, being an Act to sustain and encourage improvement in Ontario’s water and wastewater services st and to establish the Ontario Water Board passed 1 Reading on March 23, 2010 in the Provincial Legislature; and WHEREAS Bill 13 shall require regulated entities that provide water services or wastewater services to fewer than 10,000 customers to amalgamate those services with the services of one or more other regulated entities if they determine that it is possible to do so, or if they are directed to do so by the Minister; and WHEREAS it appears that many of the municipalities in this area have incurred significant debt and long term loans for the upgrading or expansion of water and wastewater projects in their respective municipalities; and WHEREAS the Township of Essa’s water and wastewater customers should not have to pay towards any significant debts and long term loans that have been incurred by other municipalities for the upgrading and expansion of such infrastructure facilities in those municipalities if we are required to amalgamate our water and wastewater services with one or more of these municipalities; and WHEREAS the Township of Essa has already planned, upgraded and/or expanded our water and wastewater facilities to meet Provincial Regulations including to accommodate growth in our municipality over the next 25 year period by using development charges, reserves, a portion of user rates and other sources of revenue without the need to incur significant and long term debt for such purposes; and Council Meeting Minutes - 16 - May 31, 2010 WHEREAS the Township of Essa has proven that it can operate and maintain its water and wastewater facilities in compliance with provincial Regulations and is committed to doing so in the future and many other lower tier municipalities in the Province may be in a similar position; NOW THEREFORE BE IT RESOLVED THAT the Province and Mr. David Caplan, M.P.P., be advised that the Township of Essa does not support the enactment of Private Member’s Bill 13 and a copy of this resolution be forwarded to Mr. Jim Wilson, M.P.P. and to all municipalities in the Province of Ontario.” Resolution #C-224-10 Moved by Councillor Robinson, seconded by Councillor Woo THAT the resolution from the Township of Essa, with respect to Private Member’s Bill 13, be received for information. “CARRIED” D - 13 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to the Honourable Deborah Matthews, Minister of Health & Long-Term Care, advising that on April 19, 2010, the Township of Brock adopted the following resolution pertaining to generic drug costs: “WHEREAS negotiations are currently underway between the Ministry of Health and the Association of Pharmacies of Ontario regarding generic drug costs; AND WHEREAS small town pharmacies such as those existing in Brock Township may be threatened by the result of these negotiations; THEREFORE, the Township of Brock urges the Minister of Health to resolve these negotiations in a manner that protects the small town pharmacies for the better health of their residents.” Resolution #C-225-10 Moved by Councillor Hooper, seconded by Councillor Novak THAT the resolution from the Township of Brock, with respect to generic drug costs, be endorsed. “MOTION LOST” Council Meeting Minutes - 17 - May 31, 2010 Resolution #C-226-10 Moved by Councillor Robinson, seconded by Councillor Foster THAT the resolution from the Township of Brock, with respect to generic drug costs, be received for information. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report May 17, 2010. Resolution #C-227-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the General Purpose and Administration Committee Report of May 17, 2010 be approved, with the exception of Items #2, #11, #12 and #14. “CARRIED” Item 2 Resolution #C-228-10 Moved by Councillor Novak, seconded by Councillor Foster THAT the Development Charges Background Study, April 2010, prepared by Hemson Consulting Ltd. be approved; THAT the Development Charges quantum for both Residential and Non-Residential charges be approved as follows, subject to annual indexing: TYPE July 1, 2010 Jan 1, July 1, 2011 2011 Residential Single, Semi and Link $14,143 $14,500 $14,500 (per unit) Low Density Multiple $12,329 $12,630 $12,630 Large Apartment $9,700 $9,963 $9,963 Small Apartment $6,152 $6,316 $6,316 Non-Residential Commercial and $55.20 $55.20 $59.44 Institutional (per square Industrial $30.24 $30.24 $30.24 metre) Council Meeting Minutes - 18 - May 31, 2010 THAT Council, in approving the Background Study, expresses its intent to ensure that the increase in the need for services attributable to the anticipated development will be met and that any future excess capacity identified in the Study will be paid for by development charges or other similar charges; THAT Council has reviewed the changes made to the draft By-law and after having considered the changes Council determined that there is not a need for an additional public meeting; THAT for completed applications as determined by the Chief Building Official received on or before June 30, 2010, where the development charges will be paid by June 30, 2010, that the applicable development charges be calculated based on By-law 2005- 108, as amended; THAT the By-law attached to Report FND-013-10 as Attachment “A”, inclusive of any amendments made by Council at the meeting of May 17, 2010, be recommended to Council for approval to rescind and replace By-law 2005-108, as amended; and THAT the Region of Durham and recorded interested parties be provided a copy of Report FND-013-10 and be notified of Council’s decision. “CARRIED ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Item 11 Resolution #C-229-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT Report ESD-005-10 be received; THAT Council approve 1780 Ruddell Road, Newcastle as the location of the new Fire Station; and Council Meeting Minutes - 19 - May 31, 2010 THAT staff be authorized to proceed with the Request for Proposal for professional services of an architect/design consultant and to move ahead with detailed design. “CARRIED” Item 12 Resolution #C-230-10 Moved by Councillor Foster, seconded by Councillor Novak THAT Report CSD-006-10 be received; THAT the grant request, submitted by the Ontario Nuclear New Build Council under the Community Grant Program, be endorsed; and THAT the Ontario Nuclear New Build Council be advised of Council’s decision. “MOTION LOST ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Resolution #C-231-10 Moved by Councillor Novak, seconded by Councillor Robinson THAT Report CSD-006-10 be received; THAT the grant request, submitted by the Ontario Nuclear New Build Council under the Community Grant Program, be denied; and THAT the Ontario Nuclear New Build Council be advised of Council’s decision. “CARRIED” Council Meeting Minutes - 20 - May 31, 2010 Item 14 Resolution #C-232-10 Moved by Councillor Woo, seconded by Councillor Trim THAT Report COD-020-10 be received; THAT the benefit provisions continue as approved in Report COD-035-09 for active duty leave only; THAT full-time employees serving in the Canadian Military Reserve be provided an unpaid Reservist Leave of Absence if he or she is deployed to a Canadian Forces operation outside Canada, or to a Canadian Forces operation inside Canada that provides assistance in dealing with an emergency as per the parameters defined by the prevailing Employment Standards Act; THAT leave for training or other leave not specifically provided for under the prevailing Employment Standards Act not be permitted; THAT the full-time employees must apply in writing, in sufficient time prior to the date of the requested leave commencing, for the leave of absence and it must be approved by the respective Department Head and the Chief Administrative Officer; THAT the Reservist Leave of Absence, for deployment as identified above, not be available for Temporary employees, Full-time employees who have not passed their probationary period, employees on Long Term Disability, or employees who are not in good standing, with the Municipality of Clarington; and THAT the above be incorporated into existing Corporate Policy, and the policy be amended in future to comply with any legislated requirements. “CARRIED” Resolution #C-233-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 8:57 p.m. Council Meeting Minutes - 21 - May 31, 2010 STAFF REPORT(S) Resolution #C-234-10 Moved by Councillor Novak, seconded by Councillor Foster THAT Report PSD-067-10 be received for information and adoption of the comments noted in italics; THAT Clarington Council is of the opinion that to exclude the Courtice employment lands on the basis of an accounting exercise does not address key considerations being: provision of large parcels to accommodate employment intensive uses, o the extension of the Courtice Sewer trunk past these lands, o the strategic location of these lands adjacent to the future 407 east link and o 401 corridor, and proximity to Darlington Nuclear, New Build and Clarington Energy Business o Park (an alternative energy cluster) From an economic development and strategic viewpoint including these lands at this time within the Courtice urban boundary is good planning; and THAT a copy of Report PSD-067-10 be sent to the Minister of Municipal Affairs and Housing, the Region of Durham and local area municipalities, and that all the interested parties listed in Report PSD-067-10 be notified of Council’s decision. “CARRIED” BUSINESS ARISING FROM NOTICE OF MOTION There was No Business Arising from Notice of Motion considered under this Section of the Agenda. UNFINISHED BUSINESS Resolution #C-235-10 Moved by Councillor Trim, seconded by Councillor Robinson THAT Resolution #C-201-10 be lifted from the table. “CARRIED” Council Meeting Minutes - 22 - May 31, 2010 The following resolution was now before Council: Resolution #C-201-10 Moved by Councillor Hooper, seconded by Councillor Robinson THAT Report CAO-004-10 – Dredging of the Bowmanville Creek be referred to the 2011 budgetary process for discussion of available options. “CARRIED ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Resolution #C-236-10 Moved by Councillor Trim, seconded by Councillor Novak THAT Resolution #C-210-10 be lifted from the table. “CARRIED” The following resolution was now before Council: Resolution #C-210-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Clarington Older Adults Association Board be authorized to proceed through the Municipal purchasing process to invite proposals regarding use of advertising space on the newly acquired Municipal van being utilized for COAA purposes; THAT the proposals be secured in a competitive manner and in accordance with the regulations and standards set by the Canadian Advertising Council and the Municipality of Clarington; and Council Meeting Minutes - 23 - May 31, 2010 THAT if the opportunity results in advertising revenue, it will be considered operating revenue of the COAA Board to be used as part of their annual operating income. “MOTION LOST” Resolution #C-237-10 Moved by Councillor Novak, seconded by Councillor Hooper THAT the Clarington Older Adult Association Board (also known as COAA) be authorized to proceed with soliciting donations for any of their capital or operating requirements and may in exchange, offer advertising space on the newly acquired Municipal van being utilized for COAA purposes under the following conditions: 1. The Municipal purchasing process is waived for the purposes of soliciting donations only from non-profit, service clubs, and/or charitable type organizations, or individuals who are not contributing directly or indirectly on behalf of/or related to private enterprise purposes; 2. The donations received to date from these service/non-profit type groups be accepted as contribution to the capital or future operating costs related to the COAA van; 3. The display opportunity will be limited to notation of support to the COAA and the organization logo or graphic; 4. The size and location of the sponsoring logo, will be determined by the COAA; 5. The value of donations for securing the size of space on the van to advertise the service group logo are to be established by the COAA Board for consistency in space for donations requested; 6. Donations may be set to acquire different lengths of term for the display of the logo up to a recommended 3 years for the maximum donation identified; 7. The COAA Board will maintain a record of donations received, and the purpose identified for the disposition of the donation; a. With capital donations being forwarded to the Director of Finance, consistent with existing requirements, to be maintained in the established Reserve Fund for current or future capital assets; and b. Operating donations to be available to the COAA directly, for normal operating expenses; 8. The future maintenance and servicing of the vehicle, over and above the warranty covered expenses, will be added to the annual operational budget, which may be offset with future donations; Council Meeting Minutes - 24 - May 31, 2010 THAT any established Board of Council having responsibility and oversight for municipal assets, who may be interested in the potential to be included in the Municipality’s advertising-for-revenue program established through Purchasing Services via competitive process, may request in writing, to the Purchasing Manager, consideration for inclusion. “CARRIED” BY-LAWS Resolution #C-238-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-laws 2010-058 to 2010-068; 2010-058 Being a by-law to impose development charges against land in the Municipality of Clarington pursuant to the Development Charges Act, 1997 2010-059 Being a by-law to authorize entering into an Agreement with the Owners of Plan of Subdivision S-C-2004-004 any Mortgagee who has an interest in the said Lands, and the Corporation of the Municipality in respect of S-C-2004-004 2010-060 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the former Town of Newcastle (Gerr Holdings Limited) 2010-061 Being a by-law to adopt Amendment No. 75, to the Clarington Official Plan 2010-062 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the former Town of Newcastle (Antonius Vissers ) 2010-063 Being a by-law to authorize entering into an Agreement with the Owner(s) of Plan of Subdivision S-C-2005-001 and any Mortgagee whom has an interest in the said lands, and the Corporation of the Municipality of Clarington in respect of S-C-2005-001 2010-064 Being a by-law to authorize a contract between the Corporation of the Municipality of Clarington and Hardy Stevenson and Associates Limited, Toronto, Ontario, to enter into an agreement for Consulting Services, Port Granby Long-Term Low-Level Radioactive Waste Management Council Meeting Minutes - 25 - May 31, 2010 2010-065 Being a by-law to amend By-law 84-63, the Comprehensive Zoning By- law for the Corporation of the Municipality of Clarington (Municipality of Clarington) 2010-066 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.) 2010-067 Being a by-law to ratify the appeal of the assessment of certain lands owned by 4246551 Canada Inc. and certain lands owned by Bowmanville Creek to the Assessment Review Board on behalf of the Municipality of Clarington and to proceed with said appeal 2010-068 Being a by-law to appoint Andrew Allison as the Municipal Solicitor; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” NOTICE OF MOTION There were no Notices of Motion introduced under this Section of the Agenda. OTHER INFORMATION Councillor Robinson questioned whether the splash pads could be opened earlier, due to the unseasonably warm weather being experienced, and requested that the Director of Operations respond to him directly. Councillor Hooper questioned whether the Agreement between the Region of Durham and Covanta has been executed. Councillor Trim stated, to date, the Agreement has not come before Regional Council. Resolution #C-2391-10 Moved by Councillor Trim, seconded by Councillor Novak THAT the Rules of Procedure be suspended to allow for the introduction of motion with respect to Wind Turbines. “CARRIED” Council Meeting Minutes - 26 - May 31, 2010 Resolution #C-240-10 Moved by Councillor Trim, seconded by Councillor Robinson That Municipal Staff provide a detailed report regarding wind turbine installations in the Municipality of Clarington, including the implications of the Green Energy Act upon Clarington residents. °CARRI ED" Mayor Abernethy presented a Clarington flag, signed by a number of Members of the Military stationed in Afghanistan, indicating that the flag would be on display in the Mayor's Office for those wishing to view it. CONFIRMING BY-LAW Resolution #C-241-10 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2010-069, being a by-law to confirm the proceedintgs of the Council of the Municipality of Clarington at a regular meeting held on the 31S day of May, 2010; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-242-10 Moved by Councillor Robinson, seconded by Councillor Trim THAT the meeting adjourn at 9:32 p.m. "CARRIED" MAYOR-:' .. . -' -»;, P LERK