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Council Meeting Minutes
JUNE 28, 2010
Minutes of a regular meeting of Council held on June 28, 2010 at 7:00 p.m., in the
Council Chambers.
Councillor Foster led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Abernethy
Councillor A. Foster
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Municipal Solicitor, A. Allison
Senior Planner, L. Backus, attended at 7:34 until 8:30 p.m.
Director of Engineering Services, T. Cannella, attended
until 9:27 p.m.
Executive Assistant to the Mayor, L. Coutu, attended
until 7:23 p.m.
Director of Operations, F. Horvath, attended until 9:27 p.m.
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services and Human Resources,
M. Marano, attended until 10:15 p.m.
Recreation Services Manager, S. Meredith, attended
until 9:27 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 9:27 p.m.
Communications Coordinator, J. Vreeker, attended until 7:23 p.m.
Director of Emergency Services/Fire Chief, G. Weir, attended until
10:15 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming,
attended until 9:27 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
Council Meeting Minutes - 2 - June 28, 2010
ANNOUNCEMENTS
Councillor Foster announced that the Courtice Rotary Club will be hosting a Canada
Day Celebration on Thursday, July 1, 2010, at the Garnet B. Rickard Recreation
Complex. The event starts at 5:00 p.m. and includes live entertainment, a military
display, barbeque, children’s activities and fireworks.
Councillor Hooper announced the following:
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He attended Bowmanville High School last week to present an Award of
Distinction to Al Strike.
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On Sunday, June 27, 2010, he attended the 40 Anniversary of Watson’s
Farms.
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He extended congratulations to Paul Robinson, Clarington employee, who was
inducted into the Halton Hills Sports Museum’s Hall of Fame for hockey.
Mr. Robinson is now a double-inductee as he is also a member of the
Clarington Sports Hall of Fame.
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Last week he attended Central Public School Awards Ceremony. He also
extended congratulations to the baseball team who came in second overall.
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The Clarington Urgent Care at 2320 Highway #2 opened on June 14, 2010.
Councillor Novak announced the following:
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On Thursday, June 24, 2010, she addressed students of Dr. Ross Tilley Public
School at their Graduation Ceremony.
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Today, she attended a garden dedication at John M. James Public School in
honour of a student who passed away.
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On Thursday, June 24, 2010, she attended Veridian Corporation’s Annual
General Meeting and quoted a media release announcing that Veridian
attained its best financial performance ever in 2009.
Councillor Robinson announced the following:
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The Newcastle “Then and Now” Celebration held on June 26, 2010, was a
great success and well attended. Councillor Robinson expressed appreciation
to staff of the Municipal Operations Department, Community Services
Department and Fire and Emergency Services for their efforts.
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On Wednesday, June 30, 2010, there will be a July 1 celebration at the Orono
Library starting at 6:00 p.m.
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On July 27, 2010, there will be a Public Meeting hosted by ZEP Wind Farm
Ganaraska at the Orono Town Hall concerning a proposed wind turbine project
on agricultural lands north and east of Orono.
Council Meeting Minutes - 3 - June 28, 2010
Councillor Trim announced that he attended an Emergency Planning exercise led by
the Durham Regional Disaster Emergency Response Team at Courtice Complex on
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June 24 involving senior staff from Clarington and Oshawa who took part in a mock
session involving the steps in recovering from a disaster two days and six days after
the event. He stated the session was very interesting and well organized.
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Mayor Abernethy announced he and his wife hosted their 3 Annual Afternoon for Big
Brothers and Big Sisters at their home and held a fishing derby for the little Brothers
and Sisters, who all enjoyed the event.
Mayor Abernethy also announced that on July 8, 2010, the Stanley Cup will be coming
to Orono for a celebratory parade at 4:00 p.m. Following the parade, Bryan Bickell, a
member of the Stanley Cup-winning Chicago Black Hawks will be available at centre
ice at the Orono arena to sign autographs.
Resolution #C-261-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on June 14, 2010, be
approved.
“CARRIED”
PRESENTATIONS
Mayor Abernethy welcomed students, parents and the public to the presentation of the
Ninth Annual “Awards for Academic Excellence”, a program developed in 2001 to
recognize students from Clarington’s local elementary and secondary schools.
Mayor Abernethy indicated that the awards consist of a permanent plaque for each of
the schools that are participating in the program with the name of the student
engraved on the school’s permanent plaque. All of the schools that participated in
2009 have already received their permanent plaques. Mayor Abernethy advised that
each student is also being presented with a personal framed certificate and as a
further commitment to Council’s recognition of local students, secondary students who
are being recognized will also receive a cheque for $100.00 as a bursary to further
their educational pursuits.
Mayor Abernethy recognized the following students who were unable to attend
tonight’s meeting and who will receive their awards during their graduation
ceremonies:
Taylor Lovell, Courtice North Public School
Madeline Perrault, Dr. Emily Stowe Public School
Malcolm Wood, Dr. G.J. MacGillivray Public School
Kirsten Burns, Dr. Ross Tilley Public School
Richard Martin, Durham Christian High School
Council Meeting Minutes - 4 - June 28, 2010
Jessica Campbell, Good Shepherd Elementary School
Samantha Grabko, M.J. Hobbs Senior Public School
Mayor Abernethy recognized the following elementary students and presented them
with a personal framed certificate:
Jennifer Taylor, Bowmanville Senior Public School
Austin Tenhunen, Harold Longworth Public School
Cassidy Kenny, Holy Family Elementary School
Lindsey Fletcher, John M. James Public School
Kelsey Rozema, Knox Christian School
Alyssa Hargrove, Lydia Trull Public School
Rylee Van Gog, Monsignor Leo Cleary Elementary School
Mitchell Wootton, Mother Teresa Elementary School
William Mitton, St. Elizabeth Elementary School
Ayrton Lucyk, St. Francis of Assisi Elementary School
Garth Meeks, St. Joseph’s Elementary School
Rachel Henderson, S. T. Worden Public School
Madilyn Darrach, The Pines Senior Public School
Mason Hawrychuk, Vincent Massey Public School
Gabrielle Ally, Waverley Public School
Mayor Abernethy recognized the following secondary students and presented them
with a personal framed certificate and a bursary cheque:
Zac Hills, Bowmanville High School
Catriona Bellingham, Clarke High School
Krista Harris, Courtice Secondary School
Kaitlin Jingco, Holy Trinity Secondary School
Mark Szenteczki, St. Stephens Secondary School
Sara Taylor, Clarington Central Secondary School
Glenna Raymond, President and CEO, Ontario Shores Centre for Mental Health
Sciences, addressed Council to present an Update from the Centre. Ms. Raymond
introduced Chris Bovie, Community Relations Officer, Ontario Shores Centre for
Mental Health Sciences, in attendance with her this evening. Through use of a
PowerPoint presentation Ms. Raymond provided an overview of Ontario Shores
Centre for Mental Health Sciences' programs and services. She stated Ontario
Shores has offered continuous mental health services on the main hospital site since
1919, replacing 36 of the original Whitby Psychiatric Hospital buildings. She noted
Ontario Shores is a teaching hospital providing specialized mental health and
addiction services for youth to seniors in collaboration with partners in healthcare,
education, employment, justice, community and social services, and is one of the
largest employers in Durham Region. In 2009, the Ontario Shores Foundation, an
independent charity was established and Ms. Raymond is pleased to see community
leaders such as Television Personality Dan Carter and Police Chief Mike Ewles step
forward to offer support.
Council Meeting Minutes - 5 - June 28, 2010
Ms. Raymond discussed the facility’s name change from the Whitby Mental Health
Centre in 2009 indicating that the organization was divested from the Province in 2006
and they have been progressive in looking at ways to improve care and advance the
mental health system and felt they needed a name that reflected the scope of their
services and the academic, research and treatment of their core mental health
services. Ms. Raymond stated at their core, the Centre is a specialized mental health
hospital focused on compassion and care, indicating that recovery goes beyond day-
to-day care and requires leadership, education, advocacy and an accepting
community. She indicated that the Centre is working with the business community so
that people can have support and that their new name and direction have been well-
received by the public. Ms. Raymond confirmed that there is still much to do to
address the stigma of mental illness and the Centre has focused considerable
attention on community outreach by welcoming the community to visit and tour the
facility or to walk, run or cycle along the waterfront, in addition to attending National
Mental Healthy Symposiums, hosting Town Hall meetings and working with the Local
Health Integration Network to improve access and coordination of services. Ms.
Raymond stated that Ontario Shores has recently signed an Affiliation Agreement with
the University of Toronto which will provide an opportunity to have local physician
training. She indicated that the organization has been focused on having a sound
financial plan while meeting the demands of their core care and that Board members
are committed to achieving a balanced position despite facing the same challenges as
other organizations in keeping up with inflation and finding ongoing efficiencies to
address those challenges. In summary, Ms. Raymond stated that this is the first of
what she hopes will be many more opportunities to bring updates from the Centre to
Council and that the organization is looking forward to the future to grow services and
improve access for the communities they serve.
Amy Burke, Chair, Clarington Living Green Community Advisory Committee,
addressed Council to present the Final Green Community Strategy. Ms. Burke
introduced Gordon Johnston, Lisa Backus, staff liaison, Sheila Hall, Clarington Board
of Trade, Cathrine McKeever and Elva Reid, Members of the Living Green Community
Advisory Committee in attendance and acknowledged Mayor Abernethy and
Councillor Novak who are also Committee members. She advised the draft Green
Community Strategy was presented to Council on April 12, 2010 when Council
authorized the release of the Strategy and requested the Committee to consult with
the public and report back with a final strategy by June 28, 2010. Through use of a
PowerPoint presentation, Ms. Burke reviewed how the draft strategy was created,
reviewed six priorities comprising of a goal and a series of suggested actions, policies,
programs and projects for achieving local sustainability and demonstrating leadership
as a green community, highlighted the community consultation process noting the
draft was available for review through the Planning Services Department, the
municipal website, the Green Committee website, by e-mail to interested parties,
libraries, distributed by the Clarington Board of Trade and available at a booth during
Maplefest. Ms. Burke indicated that comments were received from many residents
and that all suggestions were considered, and for the most part, the Committee felt
that the comments made were addressed adequately in the document.
Council Meeting Minutes - 6 - June 28, 2010
Ms. Burke confirmed that the strategy is a high level document not meant to be an
action plan but instead to give direction and requested that Council endorse the final
strategy, in principle, and to refer the document to staff for preparation of an
implementation report. Ms. Burke thanked Mayor Abernethy and Members of Council
for their support, on behalf of the Living Green Community Advisory Committee.
Resolution #C-262-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the rules of procedure be suspended to allow for the introduction of a motion
regarding the Final Green Community Strategy at this time.
“CARRIED”
Resolution #C-263-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Green Community Strategy be endorsed, in principle;
THAT the Green Strategy be referred to staff to prepare an implementation report for
the new Council and Committee in early 2011; and
THAT the Living Green Community Advisory Committee of Council be thanked for
their four years of service to the Community.
“CARRIED”
DELEGATIONS
Heather Rutherford addressed Council concerning Item 1 of Unfinished Business -
Report PSD-078-10 Green Energy Act. Ms. Rutherford expressed concern with both
sources referenced in the report and the tone of the report. She specifically
referenced sources listed in Section 8.2 Wind Turbine Sound and Health Effects An
Expert Panel Review” prepared for AWEA and CANWEA and “The Potential Health
Impact of Wind Turbines” prepared by the Chief Medical Officer of Health in which
both reports have been criticized as their conclusions are not supported by their
content. Ms. Rutherford referenced the study by Dr. Christopher Hanning on “Wind
Turbine Noise, Sleep and Health” studying the effects of industrial wind turbine noise
on sleep and consequent effects on health which concluded that there is compelling
evidence that wind turbine noise can and does disturb sleep and impair the health of
those living too close and that the current guidance is inadequate protection and that
occupants of properties sited within 1.5 km of turbines will suffer unacceptable levels
of sleep disturbance and potential risk to their health. Ms. Rutherford urged Council to
adopt the precautionary principle when making decisions concerning wind turbines
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and to join her on July 27 at the public meeting at the Orono Town Hall.
Council Meeting Minutes - 7 - June 28, 2010
John Conrad, Durham Central Agricultural Society, addressed Council concerning
Hand-out Correspondence Item D - 17. Mr. Conrad stated the Durham Central Fair is
held each year following Labour Day stating the organizers have worked hard with
Council, various departments and the Province to energize their strategy plan and
investigate other forms of outreach and media. Mr. Conrad indicated that last year the
organization received a large grant to reach out to a whole new audience; but despite
new initiatives, the Orono Fair is still known by the 128 signs they put up all over the
municipality. He noted that people come to the fair because they see the signs.
Mr. Conrad confirmed that everything they do as a fair they try to do by process and
by design to the highest standard of citizenship and expressed concern that this year,
under the regulations of By-law 2009-123, the fair will be required to pay a set fee to
get a sign permit and a $150 fee per sign for a total of approximately $18,000.
Mr. Conrad acknowledged that the fair is not run for profit and that the organizers
understand and respect the spirit of the by-law and its purpose but are respectfully
requesting an exemption to the sign by-law to permit the fair signs from August 1 to
September 20 each year.
COMMUNICATIONS
Correspondence Items I - 10, I - 11, and I - 12 were received as Hand-outs.
Resolution #C-264-10
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information be approved, including
Hand-out Correspondence Items I - 10, I - 11 and I - 12, with the exception of Items
I - 2, I - 4, I - 5, I - 6, and I - 12.
“CARRIED”
I - 1 Minutes of the Clarington Heritage Committee dated March 2, April 20
and May 18, 2010.
I - 3 Mark Hendrikx, requesting that information pursuant to the Municipal
Elections Act, 1996, regarding the requirement of individuals,
corporations or trade unions to file a Notice of Registration in order to
incur expenses in promoting or opposing a municipal question on the
ballot be conveyed to all candidates; and, to remind incumbents that
the Election of the Regional Chair is a separate election issue and
that the candidate’s election material should not include commentary
on the issue.
Council Meeting Minutes - 8 - June 28, 2010
I - 7 Ben Earle, Chair, Durham Food Policy Council, writing to the Chair
and Members of Regional Council, expressing concern with various
aspects of the proposed Regional Official Plan Amendment 128,
specifically as the planned amendment pertains to local agricultural
lands, locally grown foods and the future development of agricultural
initiatives and lands for growing food for local citizens, as these plans
to do not align with the vision of the Durham Food Charter;
expressing concern with plans to slate various prime agricultural and
environmentally sensitive lands in Pickering, Whitby, Oshawa and
Courtice for development, without adequate information regarding the
potential impact of development in these areas and based on short-
term gain and limited visions of Durham communities’ potential to
lead the province in the development of sustainable land-use
planning.
I - 8 John R. O’Toole, MPP, Durham, writing to the Honourable Kathleen
Wynne, Minister of Transportation, in response to the Request for
Qualifications issued with respect to the extension of Highway 407
from Brock Road to the Simcoe Street area in Oshawa and
requesting to be advised of the timetable for the completion of the
highway to Highway 35/115. Mr. O’Toole stated he is of the opinion
that a gap in the highway defeats the purpose behind the new
east/west thoroughfare and places an additional traffic burden on
rural roads that drivers will use to reach Highway 407 if it is halted in
north Oshawa; and questioning if the Province is still committed to
extending Highway 407 as far east as Highway 35/115 as specified in
the Environmental Assessment.
I - 9 Gail Rickard, Chairperson, Clarington Public Library Board, advising
of a partnership between the Clarington Public Library, other public
libraries in the Region and Durham Region Transit to offer the “Ride
to Read Program”, providing free transit to children enrolled in the TD
Summer Reading Club during July and August using their library
cards as transit passes. The partnership participants hope Ride to
Read will familiarize children with public transit and increase Durham
Region Transit ridership while enhancing children’s education and
love of reading over the summer. Attached to the correspondence is
a recent press release regarding Ride to Read at the Clarington
Public Library.
Council Meeting Minutes - 9 - June 28, 2010
I - 10 Randy Henry, President, Clarington Board of Trade, Mayor Pat
Perkins, Town of Whitby, Councillor John Henry, City of Oshawa and
Dean Del Mastro, M.P., Peterborough, writing to the Honourable
Dalton McGuinty, Premier of Ontario, Members of the Federal and
Provincial Legislature, and/or issuing Media Releases, expressing
disappointment with the recent announcement by the Province to
deviate from its original plan to construct the Highway 407 east
expansion through Durham Region to Highway 35/115 by 2013 and to
end construction at Simcoe Street in Oshawa; calling on the Federal
Government to suspend fund transfers to the Province of Ontario
resulting from the 2007 FLOW Agreement as recent announcements
made by the Province represent a clear breach both in the spirit and
word of the FLOW agreement as related to the Highway 407
extension; and, suggesting that the Province re-evaluate the benefits
of building the 407 from Brock Street to Highway 35/115 as one
continuous project.
I - 11 Bryce Jordan, Principal, Planning Manager, Sernas Associates,
writing on behalf of his clients, the Hoskin Family, extending
appreciation to staff for meeting with him and Kevin Hoskin regarding
proposed amendments to the Clarington Official Plan for the
Clarington Technology Business Park Secondary Plan and advising
that his clients are in agreement with the recommendations contained
in the Addendum to Report PSD-079-10.
I - 2 Minutes of the Ganaraska Region Conservation Authority dated
May 20, 2010.
Resolution #C-265-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT the Minutes of the Ganaraska Region Conservation Authority dated
May 20, 2010, be received for information.
“CARRIED”
I - 4 Colette Caruso, Ontario Good Roads Association (OGRA), forwarding
a Press Release announcing that OGRA applauds the decision of the
Ministry of Transportation and Infrastructure Ontario in moving
forward with the eastern extension of Highway 407 which, once
completed, will represent a significant addition to the safe and
efficient roadway system and will be a key factor in attracting and/or
retaining business in the globalized world.
Council Meeting Minutes - 10 - June 28, 2010
Resolution #C-266-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Correspondence Item I - 4, from the Ontario Good Roads Association,
with respect to extension of Highway 407, be received for information.
“CARRIED”
I - 5 Federation of Canadian Municipalities (FCM) forwarding FCM’s
Report “Wake-Up Call: The National Vision and Voice We Need for
Rural Canada”, highlighting the growing crisis in rural Canada and its
implications for Canada’s national economy; questioning what role the
federal government should play in rural communities; and, providing
suggestions for changes to federal policies and programs to embrace
rural Canada in Federal decision-making.
Resolution #C-267-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT Correspondence Item I - 5, from the Federation of Canadian
Municipalities, with respect to FCM’s Report “Wake-Up Call: The National
Vision and Voice We Need for Rural Canada”, be referred to the Clarington
Agricultural Advisory Committee.
“CARRIED”
I - 6 Nestor Chornobay, Director, Strategic Planning Branch, Region of
Durham, forwarding for information a copy of Joint Report 2010-J-27
of the Commissioner of Planning and the Commissioner of Human
Resources and Corporate Services providing an overview of the key
findings of the report entitled “Profile of Agricultural and Agri-business
Attributes in the GTA”, prepared by the Greater Toronto Area
Agricultural Action Committee.
Resolution #C-268-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item I - 6, from the Region of Durham, with respect to
Profile of Agricultural Attributes in the GTA, be referred to the Clarington
Agricultural Advisory Committee.
“CARRIED”
Council Meeting Minutes - 11 - June 28, 2010
I - 12 K. R. (Bob) Malcolmson, CEO & General Manager, Greater Oshawa
Chamber of Commerce, writing to the Honourable Dalton McGuinty,
Premier of Ontario, expressing disappointment that the Province is
breaking its commitment by changing the parameters for completion
of the Highway 407 East extension, without any dialogue or input from
the Durham community; indicating that at no time was phasing the
Durham section of Highway 407 to Highway 35/115 discussed;
advising the Chamber has major safety and economic concerns with
the proposed end of link; questioning if it is the intention of the
Government to pay for the major infrastructure upgrades needed to
be completed on the Regional and municipal roads to accommodate
the change or if costs are to be downloaded to Durham Region and
Oshawa taxpayers; and, recommending that the Province reconsider
and complete the entire route to Highway 35/115 as expeditiously as
possible.
Resolution #C-269-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT correspondence be forwarded to the Greater Oshawa Chamber of
Commerce outlining Council’s position on the extension of Highway 407; and
THAT copies be forwarded to all parties listed on Correspondence Item I - 12
and on Mayor Abernethy’s June 18, 2010, correspondence to Premier Dalton
McGuinty.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 17 and D - 18 were received as Hand-outs.
Resolution #C-270-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 10, and Hand-out Correspondence Item
D - 18 be approved as per the agenda, with the exception of Correspondence Items
D - 3, D - 7, and D - 8.
“CARRIED”
Council Meeting Minutes - 12 - June 28, 2010
D - 1 Heila Pitter, Outreach Services Manager, Bethesda House,
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requesting permission to host the 6 Annual “Clarington Take Back
the Night Walk”, an international event for women to “reclaim” the
streets after dark, to be held on September 14, 2010, from 6:00 p.m.
to 9:00 p.m.; providing details of the route; and, advising liability
insurance will be submitted to the Engineering Services Department.
This year the organizers are extending an invitation to men of all
ages to join women and children in the walk in support of a safer
community for everyone.
(Approved, provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department)
D - 2 Keri Semenko, Coordinator, Durham Region Diabetes Network,
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(DRDN) requesting Council to declare November 14 as “World
Diabetes Day” to raise awareness of diabetes to the general public;
to educate people with diabetes on improving knowledge of the
disease to better understand the condition and prevent
complications; and for governments and policy-makers to focus on
advocacy aimed at communicating the cost-effective implications of
diabetes prevention strategies and to promote diabetes education as
a core component of diabetes management and treatment.
(Proclaimed)
D - 4 Correspondence has been received from the following
individuals/groupsregarding Camp 30; suggesting that Council work
with the current property to restore the site for the education of future
generations and possibly transform the site into an historic tourist
destination:
a) M. A. Mullin
b) L. Bowen
c) J. Armstrong
(Correspondence referred to the
Director of Planning Services)
D - 5 Marianne Schlottke advising that due to the overwhelming interest in
Camp 30 during the “Doors Open Clarington”, her family was turned
away because all tours were full; and, requesting that consideration
be given to providing tours of Camp 30 again in the near future for
those who missed the opportunity during “Doors Open Clarington”.
(Correspondence referred to the
Director of Planning Services)
Council Meeting Minutes - 13 - June 28, 2010
D - 6 Wayne Preston advising that the twelve homes on Veterans Avenue
were constructed in 1946 from the barracks at Camp 30; and,
suggesting that due to the unique nature of these buildings and their
connection to Camp 30, a greater recognition of the street, in
addition to the poppy on the street sign, would be in order.
(Correspondence referred to the
Director of Planning Services)
D - 9 Jennifer Cowie Bonne, Chair, Play Works, The Ontario Partnership
for Active Youth, forwarding the 2010 Youth Friendly Community
Recognition Program Application form, information on how the
municipality can be recognized as “youth friendly” including
brochures on the “Youth Friendly Community Recognition Program,
2010”, the “Youth Friendly Communities: Good practices 2010” and
“Be Recognized as a Youth Friendly Community: Small and Rural
Communities: Lessons from the Field”; and, encouraging the
Municipality to become and remain youth friendly and to strengthen
its commitment to serving Ontario’s adolescent population. Deadline
for submission is December 2010.
(Correspondence referred to the
Director of Community Services)
D - 10 Marie Meeks expressing concern that a fungus is growing rampant
on many stone markers at the Bowmanville Cemetery; indicating that
one of the monument companies has advised that it will cost
approximately $200 per stone to remove the fungus; and, requesting
that staff investigate cleaning the stones with a power washer to kill
this fungus that is taking over the cemetery.
(Correspondence referred to the
Director of Operations)
D - 18 Confidential Correspondence from Newecastle Recycling Ltd.
regarding a Legal Matter.
(Correspondence referred to the end
of the Agenda to be considered
during a “closed” session of Council)
D - 3 George F. Vella, Vella & Pratt, Barristers and Solicitors, writing on
behalf of Newcastle Condominium Corporations No. 3, 6 and 7, 120
Port Darlington Road, advising that water from Bowmanville Creek
and the marina is eroding into the condominium properties and
expressing concern that further dredging could cause additional
damage to the condominium lands; indicating that the matter has
been brought to the attention of the marina owners who have not
made a realistic proposal for dealing with the erosion; and,
Council Meeting Minutes - 14 - June 28, 2010
requesting that the Municipality not assist in any dredging of the
Bowmanville Creek anywhere in the vicinity of the condominiums
until the owner of the marina has put in place appropriate shoreline
erosion measures to stop the erosion of the condominium properties.
Resolution #C-271-10
Moved by Councillor Hooper, seconded by Councillor Robinson
THAT Correspondence D - 3 from George F. Vella, Vella & Pratt, Barristers
and Solicitors, with respect to dredging of the Bowmanville Creek, be referred
to the 2011 budgetary process for discussion in conjunction with Report
CAO-004-10 – Dredging of the Bowmanville Creek.
“CARRIED”
D - 7 Myno Van Dyke, Vice Chair, Newcastle Village Community
Improvement Plan, advising that on May 20, 2010, the Newcastle
Community Improvement Plan Liaison Group adopted resolutions
requesting the Municipality to consider placing gateway signage on
the east and westbound lanes of Highway 401 and the southbound
lane of Highway 115 welcoming visitors to the Municipality and its
communities of Newcastle Village, Orono, Bowmanville, and
Courtice, as appropriate.
Resolution #C-272-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item D – 7 from Myno Van Dyke, Vice Chair,
Newcastle Village Community Improvement Plan, with respect to Clarington
Gateway Signs, be referred to the Director of Engineering Services and to the
Director of Corporate Services.
“CARRIED”
D - 8 John R. O’Toole, MPP, Durham, writing on behalf of one of his
constituents, requesting to be advised of what plans are in place to
install signals at the corner of Highway 57 and Aspen Springs Drive.
Mr. O’Toole indicates that he has been advised that the wait at this
intersection can be upwards of five minutes and that although this
busy intersection does not have signal lights, there are two sets of
signals on Green Road at Highway 2 and at Baseline Road, a
north/south road that is not yet a through street.
Council Meeting Minutes - 15 - June 28, 2010
Resolution #C-273-10
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item D – 8 from John R. O’Toole, MPP, Durham, with
respect to traffic signals at Highway 57 and Aspen Springs Drive, be referred to
the Director of Engineering Services and to Durham Regional Council.
“CARRIED”
D - 11 M. Domovich, The Domus Group, expressing concern that his
submission at the public meeting under the Planning Act concerning
the Application to Amend the Clarington Official Plan and Zoning By-
law by Lambs Road School Property Ltd. was limited to ten minutes
and that no member of Council was willing to grant him an extra five
minutes to complete his delegation. Mr. Domovich feels that
Council’s conduct creates the appearance of a bias, as he was the
only person opposed to the application and suggests that Council’s
Rules of Procedure be changed to permit delegations to speak for
twenty minutes.
Resolution #C-274-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item D - 11 from M. Domovich, The Domus Group, with
respect to Council’s Rules of Procedure, be received for information.
“CARRIED”
D - 12 Jim Freeman, President, Durham Region Labour Council, advising of
an emergency resolution adopted by the Federation of Canadian
Municipalities (FCM) calling on the government to expand the
Canada Pension Plan (CPP), increase seniors Guaranteed Income
Supplement (GIS) by 15%, protect Canadian pensions through a
federal system of pension insurance and to call for a National
Pension Summit; and, requesting that all Mayors in the Region of
Durham send a letter to the Provincial Finance Minister urging him to
support the principles of the resolution.
Council Meeting Minutes - 16 - June 28, 2010
Resolution #C-275-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT Correspondence Item D - 12 from Jim Freeman, President, Durham
Region Labour Council, with respect to expansion of the Canada Pension Plan,
be received for information.
“CARRIED”
D - 13 Mayor Ric McGee, City of Kawartha Lakes, providing details of a
situation in which the City of Kawartha Lakes was ordered by the
Ministry of the Environment to assume operational and financial
responsibility for a cleanup of the road allowances and Sturgeon
Lake resulting from a furnace oil leak on private property following
the exhaustion of the property owner’s insurance funds, despite the
fact that the municipality had no involvement or responsibility for the
furnace oil leak occurring; indicating that if this practice becomes
Standard Operating Procedure for the Ministry of the Environment it
will negatively impact all municipalities within Ontario; advising that
the Solicitor for the City of Kawartha Lakes has appealed the Ministry
of the Environment Orders to the Environmental Tribunal; and,
requesting that Council consider investing a small donation of two
cents per resident or a minimum of $500 to this legal defense fund to
ensure that no other municipality is placed in the position that
Kawartha Lakes has been.
Resolution #C-276-10
Moved by Councillor Novak, seconded by Councillor Robinson
THAT the resolution from the City of Kawartha Lakes, with respect to the
Appeal of the Ministry of the Environment Order regarding a furnace oil leak,
be received for information.
“CARRIED”
D - 14 J. W. Tiernay, Executive Director, Ontario Good Roads Association
(OGRA) providing background information on the Minimum
Maintenance Standards created to assist Ontario Municipalities in
managing their risk from legal action stemming from personal injury
on municipal roads; advising that there has been a recent application
filed with the Superior Court of Justice to have the Minimum
Maintenance Standards declared null and void; indicating that the
application, if successful, will have huge implications for all Ontario
municipalities in defending liability claims; advising that OGRA is
filing a notice with the court to oppose the application on behalf of
Council Meeting Minutes - 17 - June 28, 2010
their municipal members; and, requesting that each municipality
consider contributing 10¢ per-capita with the maximum contribution
capped at $50,000 and the minimum being $1,000, or to contribute
any amount to the cause, noting that any funds not used will be
refunded back to contributing municipalities on a pro-rated basis.
Resolution #C-277-10
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Correspondence Item D - 14 from J. W. Tiernay, Executive Director,
Ontario Good Roads Association, with respect to the MMS Litigation Fund, be
referred to the Director of Finance.
“CARRIED”
D - 15 Gary Jeffrey, Chair, Agricultural Advisory Committee of Clarington
(AACC) advising Council that on June 10, 2010, the AACC adopted
the following resolution pertaining to buffers for the long term viability
of agriculture:
“WHEREAS the Provincial Policy Statement, 2005 (PPS) is currently
being reviewed and input is being sought on how it could be
improved;
AND WHEREAS the PPS sets the policy foundation for regulating
the development and use of land in Ontario;
AND WHEREAS the interface between agricultural lands and
subdivisions (rural and urban) is an issue that requires the
establishment of buffers for the long term viability of agriculture and
will contribute to the quality of life for residents both urban and rural;
THEREFORE BE IT RESOLVED THAT as part of the review the
Province establish policy direction for the implementation of buffers
to protect agricultural operations where they abut urban boundaries;
AND FURTHER THAT this resolution and the attached information
sheet be forwarded to the Ministry of Municipal Affairs and Housing
and members of the Association of Municipalities of Ontario.”
Council Meeting Minutes - 18 - June 28, 2010
Resolution #C-278-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the resolution from the Agricultural Advisory Committee of Clarington,
with respect to buffers for the long term viability of agriculture, be endorsed;
and, referred to the Director of Planning Services for consideration in
conjunction with the Official Plan Process.
“CARRIED”
D - 16 Mrs. J. M. Spiers expressing concern with the method in which the
government is conducting itself with respect to the installation of wind
turbines in the Province; advising there is much information to cause
considerable concern as to the negative impacts on public health,
the environment and reduction to property values; suggesting that all
levels of government need to be more involved in the efficient use of
resources and less wasteful; and, requesting that Council do its due
diligence, be more accessible and responsive to public concerns
before rushing into this expensive and inefficient way of producing
electricity.
Resolution #C-279-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Mrs. J. M. Spiers, be advised of actions taken with respect to
Report PSD-078-10 Green Energy Act, and
THAT a copy of the correspondence be forwarded to the Province of Ontario.
“CARRIED”
D - 17 Sara Gilroy, Chair, Promotions and Sponsorship, Durham Central
Agricultural Society, Orono Fair, advising they have approximately
100 18” x 24” signs to be placed around Clarington roads and 20 4’ x
6’ signs to be placed on private property to advertise the annual
Orono Fair; indicating that they had been advised by staff last year
that they would not be affected by the new sign by-law; expressing
concern that they will now be required to pay for a sign permit as well
as $150 per sign for an approximate cost of $18,000 creating a
th
significant financial burden on the fair which is in its 157 year.
Council Meeting Minutes - 19 - June 28, 2010
Resolution #C-280-10
Moved by Councillor Novak, seconded by Councillor Robinson
THAT Correspondence Item D – 17, from Sara Gilroy, Chair, Promotions and
Sponsorship, Durham Central Agricultural Society, with respect to signage, be
referred to staff for a report back on July 12, 2010.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report June 21, 2010.
Resolution #C-281-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of June 21, 2010 be
approved, with the exception of Items #7 and #24.
“CARRIED”
Item 7
Resolution #C-282-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report OPD-001-10 be received;
THAT staff be authorized to proceed with the recommendations for Support Our
Troops banners in Clarington; and
THAT all interested parties be notified of Council’s decision.
“CARRIED”
Item 24
Resolution #C-283-10
Moved by Councillor Robinson, seconded by Councillor Trim
WHEREAS a resident of the Municipality of Clarington, Bryan Bickell, is a professional
hockey player, playing for the Chicago Black Hawks, the 2010 Stanley Cup Winning
Team;
Council Meeting Minutes - 20 - June 28, 2010
AND WHEREAS the Municipality of Clarington is extremely proud of Bryan and his
accomplishments:
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE MUNICIPALITY
OF CLARINGTON:
THAT July 8, 2010, be proclaimed “Bryan Bickell Day” in the Municipality of Clarington
and advertised in accordance with Municipal policy; and
THAT a Stanley Cup Parade be approved for July 8, in Orono, provided the
organizers of the event apply for and obtain a Road Occupancy Permit from the
Engineering ServicesDepartment.
“CARRIED”
STAFF REPORT(S)
Resolution #C-284-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report CLD-020-10 be received; and
THAT the by-law attached to Report CLD-020-10 appointing Ms. Allison Genosko
as a Parking Enforcement Officer be passed.
“CARRIED”
Resolution #C-285-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report PSD-081-10 be received and the letter attached as Attachment 1 to
Report PSD-081-10 be endorsed.
“CARRIED”
Council Meeting Minutes - 21 - June 28, 2010
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-286-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Resolution #C-245-10 passed on June 14, 2010, as it relates to referring
Correspondence Item D - 2 to the Director of Corporate Services and Human
Resources for response in accordance with Council Resolution #C-375-08 be
reconsidered.
“CARRIED”
Resolution #C-287-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence Item D – 2 from June 14, 2010 concerning a matter that deals
with labour relations or employee negotiations be referred to the end of the Agenda to
be considered during a “closed” session of Council.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-288-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-078-10 be lifted from the table.
“CARRIED”
Resolution #C-289-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Report PSD-078-10 be received;
WHEREAS the Province of Ontario has enacted the Green Energy Act which exempts
proposed wind farms from the requirements of the Planning Act, and has provided an
expedited approvals process for such facilities under the Environmental Protection
Act;
AND WHEREAS such expedited approvals process has excluded members of the
public and Ontario municipalities from providing input into the decision making
process as it relates to public concerns and good planning principles;
Council Meeting Minutes - 22 - June 28, 2010
AND WHEREAS the provincial approval process does not require the proponent of a
wind farm to undertake studies to demonstrate that the proposed facility will not have
any adverse effects on health or property values, or safety;
AND WHEREAS studies undertaken to date on the health effects of wind turbines
have been inconclusive; however, no studies have been undertaken to specifically
address the safety and economic effects of wind farms in the Ontario context;
AND WHEREAS there is no scientific basis for the setbacks for wind farms set out in
Ontario Regulation 359/09;
AND WHEREAS the Municipality of Clarington has to date been identified by two wind
farm proponents for 10 megawatt and 20 megawatt installations and is concerned that
the provincial approvals process will not adequately address residents’ concerns with
respect to the health, safety and property value effects of these facilities;
AND WHEREAS other Ontario municipalities have also passed resolutions expressing
concern with respect to the adverse effects of wind turbines;
AND WHEREAS it is the responsibility of the Provincial government to ensure that the
approvals process for proposed wind farms is sufficiently rigorous to ensure that the
health, safety and economic interests of residents is not adversely affected by these
facilities;
THEREFORE BE IT RESOLVED THAT the Municipality of Clarington requests the
Government of Ontario impose a moratorium on the approval of any wind farm
applications until such time the government have undertaken studies to examine the
health, safety and economic impacts of wind farms, including a cumulative effects
analysis, and amend the Ontario Regulation 359/09 to reflect the findings and
recommendations of such studies;
AND FURTHER THAT this resolution be forwarded to the Minister of Energy and
Infrastructure, the Environmental Commissioner of Ontario, the Premier of Ontario,
and the members of the Association of Municipalities of Ontario, the Durham Region
and surrounding MPPs and MPs; and the Federal and Provincial Ministers of
Environment and Health;
AND FURTHER THAT the Mayor of Clarington, on behalf of the Council of the
Municipality of Clarington, write to the Board of Directors of the Association of
Municipalities of Ontario requesting that the impacts, both positive and negative, of
wind turbines be added as a topic to be discussed during the agenda of the 2010
AMO Conference; and
THAT any interested parties listed in Report PSD-078-10 be notified of Council’s
decision.
“CARRIED”
Council Meeting Minutes - 23 - June 28, 2010
Resolution #C-290-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Report PSD-079-10 be lifted from the table.
“CARRIED”
Resolution #C-291-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT Addendum to Report PSD-079-10 and Report PSD-079-10 be received;
THAT Map A Land Use and Primary Roads dated June 8, 2010, the final page of
Attachment 3 in Report PSD-079-10 be replaced with Map A Land Use and
Primary Roads dated June 22, 2010 as shown on Attachment 2 to the Addendum
to Report PSD-079-10;
THAT Official Plan Amendment No. 57 (Attachment 3 to Report PSD-079-10 as
revised by Recommendation #3) be adopted and that the necessary by-law be
passed;
THAT Staff be requested to bring forward the zoning by-law to implement Official
Plan Amendment No.57 at the first meeting of the General Purpose and
Administration Committee Meeting on September 13, 2010; and
THAT all interested parties listed in this Addendum to Report PSD-079-10 and
any delegations be advised of Council’s decision.
“CARRIED”
Resolution #C-292-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT the presentation of Glenna Raymond, President and CEO, Ontario Shores
Centre for Mental Health Sciences, be received with thanks.
“CARRIED”
BY-LAWS
Resolution #C-293-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2010-075 to 2010-083;
Council Meeting Minutes - 24 - June 28, 2010
2010-075 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Jim
Hamilton – Welcome Feeds)
2010-076 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Ryan Realty Services Ltd.
Courtice, Ontario, to enter into an agreement for Consulting
Services for a Property Value Protection Program Resource Person
for the Port Granby Long-Term Low-Level Radioactive Waste
Management Project
2010-077 Being a by-law to update the By-law Governing the Emergency and
Fire Services, and the Provision of Mutual Aid and Automatic
Response, and to Repeal By-law 2007-134 (Governing By-law) and
80-9 (Regional Mutual Aid By-law)
2010-078 Being a by-law to authorize the execution of a Memorandum of
Understanding between the Corporation of the Municipality of
Clarington and Canadian Red Cross
2010-079 Being a by-law to amend By-law 2008-040, a by-law to appoint
Members to the Newcastle Memorial Arena Board
2010-080 Being a by-law to authorize the execution by the Mayor and Clerk of
an Agreement between the Corporation of the Municipality of
Clarington and Kawartha Pine Ridge District School Board for the
use of Sports Fields
2010-081 Being a by-law to authorize a contract between the Corporation of
the Municipality of Clarington and Tedescon Infrastructure Ltd.,
Woodbridge, Ontario, to enter into an agreement for the Jane Street
Reconstruction
2010-082 Being a by-law to appoint an individual as Parking Enforcement
Officer and to repeal By-law 2008-056 (Allison Genosko)
2010-083 Being a by-law to adopt Amendment No. 57 to the Clarington
Official Plan; and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes - 25 - June 28, 2010
NOTICE OF MOTION
Councillor Trim and Councillor Robinson gave notice that they will introduce the
following motion at the next Council meeting:
"THAT representatives from the Ontario Ministry of the Environment and
Health be invited to present to Council details regarding wind turbines in the
Province in general and Clarington in particular at a regular Council meeting
this fall. Such subjects as health to humans/animals, noise and property
value impact must be addressed by these representatives."
OTHER INFORMATION
Councillor Hooper referenced a newspaper article in which Community Care was
noted as offering dancing, etc. and questioned whether this would be a duplication of
services offered by the Clarington Older Adults Association and that representatives of
the COAA have indicated that this will have a definite impact on the services they
provide.
It was suggested that Councillor Hooper contact Mr. Farr directly concerning the
article. Councillor Woo felt references made to dancing in the article pertained to the
Adult Day Program offered by Community Care and would not impact programs at the
Older Adults Centre.
Resolution #C-294-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing two matters, a matter concerning
litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board and a matter that deals with labour relations or
employee negotiations.
“CARRIED”
The meeting resumed in open session at 10:18 p.m.
The Mayor advised that two items were discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Mayor Abernethy advised that Correspondence Item D – 18, which had been received
as a handout, was from Newcastle Recycling Ltd.
Council Meeting Minutes - 26 - June 28, 2010
Resolution #C-295-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Item D - 18 from Newcastle Recycling Ltd. regarding a legal
matter, be referred to the Municipal Solicitor for a response.
“CARRIED”
Resolution #C-296-10
Moved by Councillor Woo, seconded by Councillor Trim
THAT Correspondence Item D - 2, from the Council Agenda of June 14, 2010, be
received and that the request be granted.
“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
CONFIRMING BY-LAW
Resolution #C-297-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2010-084, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 28day of June, 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes - 27 - June 28, 2010
ADJOURNMENT
Resolution #C-298-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 10:22 p.m.
“CARRIED”
________________________ _______________________
MAYOR MUNICIPAL CLERK