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:
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The Mr./Ms. Community Living Oshawa/Clarington Comedy Auction, on
May 18, 2010
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The Bethesda House Dinner and Auction
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The Official Opening of Shoeless Joe’s in Courtice on May 19, 2010
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Archibald Orchard’s Simply Social Event
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The Heart and Stroke Wrap-Up Event where Nancy McMaster was honoured
for 30 years of Service
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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:
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He assisted with the Fire House Youth Centre’s “Battle of the Bands” on
May 28, 2010.
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On May 30, 2010, he, along with Councillor Woo, represented the Municipality
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at the 172 Clarington Royal Canadian Air Cadet Squadron’s 5 Annual Review.
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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:
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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.
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The Official Opening of the Millennium Trail and new sign unveiling was held on
Friday, May 28, 2010. Councillor Foster expressed appreciation to staff.
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On May 13, 2010, The Rotary Club of Courtice hosted the 1st Annual
Clarington Youth and Community Leadership Dinner.
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Councillor Foster congratulated Metroland Reporter Jennifer O’Meara for being
awarded Ontario Community Newspaper Association’s Reporter of the Year.
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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:
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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.
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On May 30, 2010, he attended the 279 Bowmanville Royal Canadian Sea
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Cadet’s 29 Annual Review
Councillor Woo announced the following:
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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.
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The Heroes Highway Ride takes place on Saturday, June 5, 2010, in downtown
Bowmanville.
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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.
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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.
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The 8th Annual Alfie Shrubb 8k Classic takes place on June 6, 2010.
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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"
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