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Council Meeting Minutes
SEPTEMBER 20, 2010
Minutes of a regular meeting of Council held on September 20, 2010 at 7:00 p.m., in
the Council Chambers.
Councillor Robinson led the meeting in prayer.
Prior to the start of the meeting, a moment of silence was observed to acknowledge
Fallen Canadian Soldiers Corporal Brian Pinksen, Sapper Brian Collier, Master
Corporal Kristal Giesebrecht, Private Andrew Miller, Sergeant James Patrick MacNeil,
and Sergeant Martin Goudreault who lost their lives in the line of duty in Afghanistan
since May, 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
Manager of Transportation and Design, L. Benson
Deputy Fire Chief, M. Berney
Director of Community Services, J. Caruana
Director of Operations, F. Horvath
Acting Director of Planning Services, F. Langmaid
Director of Corporate Services and Human Resources,
M. Marano
Director of Finance/Treasurer, N. Taylor
Communications Co-Ordinator, J. Vreeker, attended
until 7:46 p.m.
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Novak indicated that she would be stating a pecuniary interest with respect
to Correspondence Items I - 31 and D-21.
Council Meeting Minutes - 2 - September 20, 2010
ANNOUNCEMENTS
Councillor Trim announced the following:
?
The Region of Durham will be holding a Household Hazardous Waste event on
Saturday, October 2, 2010 and an E-Waste event on Saturday, October 30,
2010. Both events will be held at the Clarington Operations Depot at
178 Clarke/Darlington Townline Road (Regional Road 42) from 8:00 a.m. until
12:00 noon.
Councillor Novak announced the following:
?
A Public Information Session on the proposed Courtice Trunk Sanitary Sewer
will be held at the Garnet B. Rickard Recreation Complex on Wednesday,
September 22, 2010 from 7:00 p.m. to 9:00 p.m.
?
She visited with members of the One Change Group regarding their fuel
efficiency initiative, designed to encourage motorists to adopt good tire
maintenance and fuel efficiency, and distributed a pamphlet and keychain tire
pressure gauge to Members of Council.
Councillor Foster announced the following:
?
September 25, 2010, is Family Safety Day at the Garnet B. Rickard Recreation
Complex
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The Sport and Leisure Fair will be held on Thursday, September 23, 2010, at
the Garnet B. Rickard Recreation Complex from 6:00 p.m. until 9:00 p.m.
Councillor Hooper announced the following:
?
He extended appreciation to the Ali family for adopting the municipality’s
beachfront property and doing a major cleaning up of the beach on Saturday.
th
?
The 30 Annual Terry Fox Run took place on Sunday, with donations
surpassing last year’s figures.
Councillor Woo announced the following:
?
September 24 to 26, 2010 is recognized as Culture Days in Canada and A gift
of Art, Newcastle’s Artists and Artisans Gallery, will be showcasing the works of
local artists and artisans
?
He issued a reminder of upcoming Blood Donor Clinics being held in Orono on
ththth
October 5, Newcastle on October 12, and Bowmanville on October 27.
Councillor Woo also indicated that the Newcastle Public School is having an
honour clinic on November 13, 2010, in recognition of a local resident who
passed away.
th
Councillor Robinson announced the 12 Annual Chili Cook-Off will be held this
th
Saturday, October 25 in Orono, with fun for the entire family.
Council Meeting Minutes - 3 - September 20, 2010
Mayor Abernethy announced the following:
?
The latest statistics confirm that Durham Region is following a provincial and
national trend of gradually declining crime rates, noting Durham Region’s total
crime rate fell 6.8 percent last year, the third year in a row it has declined
locally. Mayor Abernethy stated Durham Regional Police Service is ranked
fourth lowest of its nine comparable services in terms of total criminal code
crime rates (excluding traffic).
?
Two of Clarington’s firefighters, Aiden McConkey and Jason Hanson completed
,
the Ironman in Lake Placid, New York, on July 252010.
Resolution #C-360-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT the minutes of a regular meeting of Council held on July 12, 2010 and the
minutes of a special meeting of Council held on September 7, 2010, be approved.
“CARRIED”
PRESENTATIONS
Paul Halliday, Chair, Task Force for Attracting Higher Education Facilities to
Clarington, addressed Council to present the Task Force’s Final Report. Mr. Halliday
introduced Reverend Dr. Dorcas Gordon, Deborah Patrick, Bill Humber and Pierre
Tremblay, Members of the Task Force in attendance this evening. Mr. Halliday
provided background information on the formation and composition of the seven-
member Task Force comprised of senior executives/representatives from the
education sector, large corporations, health sector and the community. He also
acknowledged the participation of Mayor Abernethy, Linda Coutu, and the Acting
Director of Planning Services. Mr. Halliday stated the Committee met monthly
between September 2009 and June 2010, focusing on internally-generated reports,
meeting with interested parties, including the Presidents of both Durham College and
the University of Ontario Institute of Technology (UOIT), and also with a former
college President experienced in establishing several satellite campuses for two
different colleges in Ontario. Mr. Halliday confirmed that by spring, 2010, the Task
Force had reached consensus on direction and a number of recommendations. He
summarized the rationale for pursuing a higher education campus, indicating that the
Municipality of Clarington is growing very strongly and within 25 years, Clarington will
have a larger and diverse economy and, assuming that a high wage economy is
desired, the educational and training needs of employees will be significantly higher
than they are now as present and future employers will require skilled staff. Mr.
Halliday indicated that OPG is predicting significant skill gaps as new projects are
initiated and workers retire. He noted that a higher education campus brings social
and cultural enrichment contributing to a more complete community.
Council Meeting Minutes - 4 - September 20, 2010
He stated that currently Ontario is climbing out of a recession and capital investment
will be restrained; however, this is cyclical, and there will be higher education
campuses built in upcoming years and Clarington should actively pursue the
development of such a campus within the municipality. Mr. Halliday confirmed that
there will be competition and the municipality will need to implement a strategy over
the next ten years to achieve success. The Task Force recommends that an
appropriate arms-length agency be charged with the responsibility for developing and
coordinating the implementation strategy, including an initial five-year business plan,
planning and costing for the establishment of a storefront/main street higher education
office, consulting with groups and leaders in all sectors of the community to achieve
broad community consensus, inviting higher education providers to become partners
and support development of niche offerings and partnerships in the community and
that a Clarington Higher Education Foundation be established to raise funds to
support the higher learning pursuits of Clarington residents and to develop capital.
Mayor Abernethy expressed appreciation to Task Force members and staff involved in
the initiative.
Jane Eccles, 30-Year Member, Visual Arts Centre addressed Council expressing
appreciation to staff and golfers participating in the Mayor’s 2010 Golf Classic
Tournament. She stated the Visual Arts Centre is a catalytic place establishing itself
in the arts community in Ontario and that visual arts is a quiet art overlapping with
other disciplines. She noted the Mill still needs a lot of work and the donation will be
put to good use. Ms. Eccles advised that Jean-Michel Komarnicki took a photograph
of the Mill and called upon Craig Ryan, President, Visual Arts Centre, to present the
photograph to Mayor Abernethy.
Mayor Abernethy presented Jane Eccles, James Campbell, Executive Director and
Craig Ryan, President, Visual Arts Centre, with a cheque in the amount of $30,000
representing the proceeds of the 2010 Mayor’s Golf Classic.
Mayor Abernethy, on behalf of Council, presented Susanne Robinson with a
congratulatory Certificate in recognition of her successful swim across Lake Ontario.
Mayor Abernethy noted that this is Susanne’s second Great Lake swim, noting she
swam across Lake Erie in 2007.
Resolution #C-361-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow Libby Racansky to be added to
the list of delegations.
“CARRIED”
Council Meeting Minutes - 5 - September 20, 2010
Resolution #C-362-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Libby Racansky to be added to the list of delegations.
“CARRIED”
DELEGATIONS
Liola Limeback, resident of West Beach Roadand Tracey Tyner Cavanagh, resident
,
of Cove Road addressed Council concerning Correspondence Item D - 4 - Request
for Speed Bumps on West Beach/Cove Road. Ms. Tyner Cavanagh indicated the
speed limit of 50km per hour is too fast for the community. She noted that over the
years the environment has changed as years ago the area was a private seasonal
community with two thoroughfares. Currently many homes are now occupied year-
round and it is now a dead-end road, assumed by the municipality. On a daily basis,
activity varies with children waiting for school buses, and septic, water, service trucks
and delivery trucks accessing the area. Through use of a PowerPoint presentation,
Ms. Tyner Cavanagh and Ms. Limeback requested the installation of calming devices
to ensure pedestrian and environmental safety. Ms. Tyner Cavanagh highlighted the
results of a neighbourhood survey indicating that 96% of residents are concerned
about the current state of traffic and 91% think traffic calming measures are required.
Ms. Limeback confirmed that traffic on West Beach Road is increasing for various
reasons. She noted the closure of Waverley Road funnels all traffic down West Beach
Road and Cove Road and that many GPS devices mistakenly show Cedar Crest
Road as being connected. There is also increased traffic from locals, visitors to the
beach and those who have followed incorrect directions. Ms. Limeback highlighted
areas of direct concern and strategies undertaken to date indicating that signage,
awareness or educational attempts do not ensure safety. Ms. Limeback and Ms.
Tyner Cavanagh requested the installation of speed bumps or speed humps because
they feel these devices are the alternative that will work.
Tim Tufts addressed Council concerning Correspondence Item D – 24 - Administrative
Policy H18 – Political Activities with respect to use of municipal facilities during
election campaigns. Mr. Tufts stated Town Hall meetings are informal public meetings
giving people a chance for their voices to be heard He feels that residents should be
able to be heard in their own communities and urged Council to rescind Policy H-18 to
allow the use of municipal facilities for Town Hall Meetings and All Candidate
Meetings.
Council Meeting Minutes - 6 - September 20, 2010
Richard Ward addressed Council concerning Item 5 of Report #1 - Report PSD-096-
10 - Proposed Amendment to the Municipality of Clarington Official Plan to
Incorporate the Requirements and Permissions Afforded to the Municipality as a
Result of Bill 51, the Planning Conservation Land Statute Law Amendment Act, 2006,
Places to Grow Act, 2005, the Greenbelt Act, 2005, the Ontario Heritage Act and the
Provincial Policy Statement, 2005. Mr. Ward stated that in 1996, he requested a
commercial designation for his property and that the Council of the day neglected to
explain why his refusal was ignored when a 40 acre parcel of farmland east of Orono
was designated industrial, despite his request being legitimate and realistic. Mr. Ward
indicated that in 2005, the Planning Services Department advised that he could not
proceed with an application because of the implementation of the Oak Ridges Moraine
Act and the Greenbelt Act. Mr. Ward advised that in 1996, his property taxes doubled,
his garbage collection was terminated but he has been billed while refusing to pick up
his garbage. Mr. Ward stated that he has been critical of applications coming forward,
and despite his statements being proven correct, his character has been defamed and
he was banned from the Municipal Administrative Centre for simply requesting a
commercial designation on his property. Mr. Ward requested that Council direct staff
to provide the designation on his property and then submit it to the Province to decide
if it is inappropriate or not consistent with Provincial Bills and Acts.
Councillor Hooper stated that Don Welsh, Member, Clarington Older Adult
Association, had withdrawn his request to address Council.
Steve Simic addressed Council concerning Correspondence Item D – 24 -
Administrative Policy H18 – Political Activities. Mr. Simic stated he agrees with
Mr. Tufts regarding the use of Municipal facilities during campaign periods and feels
that Policy H-18 goes beyond its purpose and sends the electorate a mixed message.
Mr. Simic feels that Section 2(f) has been over zealously interpreted by restricting the
holding of Town Hall meetings, regardless of who organizes the debate. Mr. Simic
feels that Policy H-18 is undemocratic and is contrary to what other municipalities
permit. He expressed concern that members of a service club who use municipal
facilities and who have invited candidates to a meeting would be in contravention of
the policy. Mr. Simic stated Town Hall gatherings offer the ability to hold rallies and
demonstrate freedom of speech. He feels the Municipality should be encouraging
citizens to vote and that Policy H-18 should be rescinded sending a message that
Council believes in an open and inclusive government.
Libby Racansky addressed Council further to her delegation at the General Purpose
and Administration Committee meeting of September 13, 2010, concerning Report
PSD-096-10 – Application to Amend the Clarington Official Plan. Ms. Racansky
stated that following a telephone call to the Province, she has been advised that only
the approximate built-up boundary was forwarded to the Region of Durham and that
the Region introduced incorrectly both the greenfields and the built-up boundaries.
Council Meeting Minutes - 7 - September 20, 2010
Ms. Racansky requested Council to have the mapping corrected and to delete any
mapping from the Special Study Area, set apart the areas of provincially significant
wetlands, significant forests with their setbacks prior to mapping the greenfields and
built-up areas, establish a Clean Air By-law, improve the current Tree Protection By-
law and include urban tree protection and that a Collective Age Replacement Strategy
is needed to improve air quality and to reach the Regional Tree cover target according
to the latest Regional Official Plan. Ms. Racansky requested that staff review lighting
in the development area and the use of grey water and to create a community for all.
Resolution #C-363-10
Moved by Councillor Foster, seconded by Councillor Novak
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 8:41 p.m.
COMMUNICATIONS
Resolution #C-364-10
Moved by Councillor Woo, seconded by Councillor Trim
THAT the communications to be received for information be approved, with the
exception of Items I - 13, I - 21, I - 23, I - 25, I - 26, I - 31, I - 32 and I - 34.
“CARRIED”
I - 1 Minutes of the Clarington Traffic Management Advisory Committee dated
April 15, 2010
I - 2 Minutes of the Ganaraska Region Conservation Authority dated June 17,
2010
I - 3 Minutes of the Durham Nuclear Health Committee (DNHC) dated June 18,
2010
I - 4 Minutes of the Task Force for Attracting Higher Education Facilities dated
June 29, 2010
Council Meeting Minutes - 8 - September 20, 2010
I - 5 The Honourable Brad Duguid, Minister, Ministry of Energy and
Infrastructure, thanking Mayor Abernethy for hosting his meeting with the
Clarington Board of Trade; expressing appreciation for the gift of a framed
picture of Orono; and, advising that the Ministry looks forward to
strengthening relationships with their partners in Clarington and continuing
to work together to create a brighter, more sustainable future for all
Clarington residents and all Ontarians.
I - 6 John R. O’Toole, MPP, Durham, writing to the Honourable Dalton
McGuinty, Premier of Ontario, forwarding a copy of correspondence dated
June 2, 2010, from Roger Anderson, Regional Chair, Region of Durham,
responding to the Minister of Transportation’s June 29, 2010, letter to the
editor of the Peterborough Examiner regarding the phasing of the 407
Extension and terminus at Simcoe Street in Oshawa, and requesting to
meet with the Premier and the Ministers of Transportation and Energy and
Infrastructure; advising that he agrees that the Minister’s letter does not
address concerns of citizens and all stakeholders over the adverse
impacts of failing to complete the eastward extension of Highway 407
according to the original plans and the Environmental Assessment; and,
indicating his support for a meeting with the Premier and the Ministers to
address urgent concerns associated with the Highway 407 East Extension.
I - 7 Roger Anderson, Chair, Region of Durham, Jim Abernethy, Mayor,
Municipality of Clarington, John Gray, Mayor, City of Oshawa, Dave Ryan,
Mayor, City of Pickering, and Pat Perkins, Mayor, Town of Whitby, writing
to the Honourable Jim Flaherty, Minister of Finance, Department of
Finance Canada, advising that the announcement by the Province of
Ontario regarding the 407 East completion provides that less than one
third of the project will be built, many interchanges will be deleted and the
anticipated date of completion of this portion will be 2015; indicating that
under the 2007 FLOW funding agreement, the Province agreed to
construct the 407 East extension from Brock Road to Highway 35/115 by
2013 in exchange for federal contributions to several transit projects in the
GTA; advising that recent announcements by the Province indicate they
have unilaterally abandoned their commitment to completing the 407 by
2013; and, advising that the Mayors of Pickering, Oshawa, Whitby and
Clarington and the Regional Chair believe this breaches the terms of the
federal-provincial agreement and sets a dangerous precedent whereby
one level of government unilaterally changes or ignores an agreement with
another level of government without consequences; and, respectfully
requesting the Minister’s insight and input on this matter to ensure that the
407 is constructed to service the Region’s current and future needs.
Council Meeting Minutes - 9 - September 20, 2010
I - 8 Correspondence has been received from the following
businesses/organizations expressing disappointment regarding the
Province’s announcement to incrementally construct the 407 East with
phase 1 terminating at Simcoe Street in Oshawa; indicating that the
continuation of the 407 extension to Highway 35/115 is imperative as the
Municipality prepares for tremendous growth within all industries; and,
requesting that the Highway 407 extension from Brock Road in Pickering
to Highway 35/115 be built as one continuous project:
(a) Randy Henry, President, Courtice Flea Market
(b) Robert Hann, President, Halloway Developments Limited and Valiant
Rental Properties Limited
(c) Paulina Alamo, General Manager, Holiday Inn Express & Suites
(d) Dr. James Hadden, Clarington Chiropractic Clinic
(e) Stephen G. Scatterty, Managing Partner, Insch Wealth Management
(f) Elaine Garnett, General Sales Manager, CHEX TV Channel 12
Durham
(g) Kurt Henry, Mortgage Agent, The Mortgage Centre
(h) Greg Lewis, Agent, State Farm Insurance and Financial Services
(i) Mike Gazo, Perfect Party Inc.
(j) Tom and Marilyn Morawetz, Evergreen Farm & Garden Ltd.
I - 9 Roger Anderson, Regional Chair and CEO, Regional Municipality of
Durham, thanking Council for expressing their concerns regarding the 407
east extension project and the Province’s recent decision to phase
construction and delay the highway’s completion until an unknown date;
indicating that the Region completely agrees that the Province should meet
their original commitment to build the entire east extension to Highway
35/115; and, advising that the Region has urged the Premier and the
Ministers of Transportation and Energy and Infrastructure to reconsider
this decision.
I - 10 J. Murray Jones, Warden, County of Peterborough, writing to the
Honourable Dalton McGuinty, Premier of Ontario, expressing concern with
the Province’s recent decision to take a phased approach to extending
Highway 407; indicating the extension of Highway 407 is an integral
component of the Province’s Growth Plan; advising that the current
movement of goods to and from the Peterborough area is beyond the
existing infrastructure’s capacity and the connection of Highway 407 to
Highway 115 is an essential transportation corridor to ensure the
appropriate economic development of the Peterborough area; and,
respectfully requesting the Province to move this project to completion by
2013 as originally promised to Durham and Peterborough citizens.
Council Meeting Minutes - 10 - September 20, 2010
I - 11 Major Roland Murphy, Community & Family Services Coordinator, The
Salvation Army Bowmanville, writing to Bryan Bickell thanking him for
requesting donations to the food bank during the Stanley Cup Parade in
Orono; and, advising that 1000 pounds of food and $595 in monetary
donations were collected and equally divided between the three food
banks in the area.
.
I - 12 Wanda Secord, Executive Director, Durham Children’s Aid Society,
thanking Council for their support regarding equitable and appropriate
funding for Durham Children’s Aid Society; and indicating that
unfortunately, the provincial government’s funding envelope for child
welfare has not changed from last year and therefore the Durham CAS is
projecting an additional $2.5 million deficit for fiscal year 2010-11, even
with reducing their total staff complement by 8% and significant cost
containment. An update of their situation will be provided once their final
budget is approved.
I - 14 Kathleen Wynne, Minister of Transportation, writing to Mayor Paul Ayotte,
City of Peterborough, responding to his correspondence regarding the
Highway 407 extension, indicating that projects of this size and complexity
are typically built in stages, the environmental assessment has been
approved with conditions, out to Highway 35/115, and that work on
meeting these conditions is already underway; and, indicating that the
Ministry will work with the Region of Durham, local municipalities, First
Nations communities and other stakeholders to assess the impact to the
local traffic network of ending the Highway 407 East extension at Simcoe
Street and to develop options for discussion on how to accommodate
additional traffic on local roads.
I - 15 Agatha Garcia-Wright, Director, Environmental Assessment and Approvals
Branch, Ministry of the Environment, thanking Council for inquiring about
the status of the Durham and York Residual Waste Study Amended
Environmental Assessment (EA); advising that the Notice of Completion of
the Ministry review of the EA was issued on February 19, 2010, initiating a
five week comment period; indicating that the EA process for this proposal
is not yet complete and no decisions have been made about its approval;
and, that the Municipality will be notified of all subsequent notices from the
Ministry of the Environment and advised when a decision has been made.
I - 16 Jerry Ouellette, M.P.P., Oshawa, sharing his concerns regarding the
Highway 407 extension becoming a two phase project, noting that there
was no indication during the EA process that the project would be split;
indicating that he is a big supporter of the extension; and, forwarding a
copy of the Hansard recording of his question about a firm commitment to
a completion date of 2012 to Minister Caplan during Question Period in the
Ontario Legislature, who confirmed a completion date of 2013.
Council Meeting Minutes - 11 - September 20, 2010
I - 17 Jim Chan, Project Manager, Canadian Environmental Assessment
Agency, advising of amendments to the Canadian Environmental
Assessment Act, regarding changes to roles, responsibilities and process
steps for the proposed 407 East Transportation Corridor project; indicating
as part of the amendments, the Canadian Environmental Assessment
Agency will perform the duties and functions of the responsible authority in
relation to the project until the submission of the comprehensive study
report to the Ministry of the Environment; forwarding a Public Notice
inviting comments on the Comprehensive Study Guidelines document
describing the requirements of the comprehensive study process; and,
advising that comments received by August 20, 2010, will become part of
the public registry.
I - 18 Denis Lemelin, National President, Canadian Union of Postal Workers
(CUPW), regarding the Canadian Postal Service Charter which outlines
the federal government’s expectations for Canada Post in regard to service
standards and other matters; stating that CUPW believes the document
needs to be dramatically improved, especially in relation to the moratorium
on rural closures; and, requesting Council to encourage Canada Post to
rethink its policies and practices by passing resolutions protesting the
service and job cuts at Canada Post and endorsing a socially responsible
vision of Canada Post, as outlined in the People’s Postal Declaration.
I - 19 Linda Duffie, Duck Derby Committee Chair, Bowmanville Lions Club,
extending appreciation to their corporate sponsors for helping to make the
th
15 Annual Rubber Duck Derby a success; forwarding a Certificate of
Appreciation to the Municipality of Clarington; and, looking forward to the
municipality's continued involvement next year.
I - 20 John R. O’Toole, M.P.P., Durham, writing to the Honourable Carol Mitchell,
Minister of Agriculture, Food and Rural Affairs, regarding Council’s support
of the Region of Durham’s application to the Rural Connections 2010
program for broadband access; and, indicating his full support of the
application and that he agrees that broadband services are a high priority
for businesses and residents of Clarington.
I - 22 Tracey Tyner Cavanagh, Accessibility Co-ordinator, Region of Durham,
expressing appreciation to Council on behalf of the members of the
Region's Accessibility Advisory Committee and the local municipal
Accessibility Advisory Committees for the financial contribution and
support of the Accessibility Expo held on June 17, 2010 and for their
continued efforts to achieve a fully accessible community.
Council Meeting Minutes - 12 - September 20, 2010
I - 24 Scott Lewis, Communications Manager, Canada Post Corporation, sharing
the results of the 2009 Rural Mail Safety Review in Bowmanville indicating
that 665 rural mailboxes passed the assessment, requiring no modification,
240 rural mailboxes required relocation, 179 rural mailboxes will be
reassessed at a later date, and 180 rural mailboxes were required to be
centralized into community mailboxes; forwarding a Municipal Fact Sheet
on Rural Mail Safety Review; and, indicating that further information is
available by calling 1-866-501-1669 or visiting
www.canadapost.ca/ruralmail.
I - 27 The Honourable John Gerretsen, Minister of the Environment, advising of
the Province's commitment to implement a more effective process for
infrastructure projects by combining environmental assessment and land
use planning requirements into a single process in which proponents can
streamline their efforts and more effectively meet the requirements of both
the Planning Act and the Environmental Assessment Act; and, indicating
the enhanced, integrated process will recognize the inter-relationships
among economic, environmental and social factors that are currently
considered through existing planning processes and will be an effective
tool for businesses and municipalities while maintaining a high level of
environmental protection.
I - 28 Megan Cramer, Community Development Assistant, Community
Development Council Durham, forwarding a copy of a report entitled
"Enhancing the Social Planning and Research Capacity of North Durham
and Clarington: A Community Social Profile and Needs Assessment"
providing a social profile of North Durham and Clarington and summarizing
the feedback gathered from focus groups and interviews conducted with
local agencies and community members on the needs and expectations for
future social planning and research.
I - 29 Thomas B. Hodgins, Commissioner, Development Services Department,
City of Oshawa, writing to Patrick Chan, Project Manager, 407 East
Transportation Corridor Project, providing the City of Oshawa's comments
on the commencement of a Federal Environmental Assessment (EA) for
the 407 East Transportation Corridor Project.
I - 30 John R. O'Toole, MPP, Durham, writing to the Honourable Laurel Broten,
Minister of Children & Youth Services, forwarding a copy of Council's
resolution (supported by the Townships of Scugog and Uxbridge) in
support of equitable and appropriate funding for mandated services
provided by the Durham Children's Aid Society and requesting the
Minister's response to the resolution.
Council Meeting Minutes - 13 - September 20, 2010
I - 33 John R. O’Toole, MPP, Durham, forwarding a copy of correspondence he
received from the Honourable Kathleen Wynne, Minister of Transportation
(MTO), confirming fears that the Highway 407 extension eastward to
Oshawa will be delayed until 2015 and that there is no indication when the
final link to Highway 35/115 will be completed; advising that the Minister
has indicated that MTO will work with municipalities and other stakeholders
to address traffic problems resulting from ending the Highway 407
extension at Simcoe Street; and, advising that he will work with
municipalities, businesses, commuters and all stakeholders who are
attempting to convince the Minister and the Provincial government to
complete the Highway 407 extension to Highway 35/115 as planned and
promised.
I - 35 John R. O’Toole, MPP, Durham, writing to the Honourable John Gerretsen,
Minister of the Environment, forwarding Council’s resolution pertaining to
the proposed Water Opportunities Act and Water Conservation Act,
indicating that he is in support of Council’s position and urges the Province
to include input by the Region and the Municipality of Clarington in the
Water Opportunities Act.
I - 36 John R. O’Toole, MPP, Durham, writing to the Honourable Dalton
McGuinty, Premier of Ontario, forwarding a copy of correspondence to
Canada’s Minister of Finance by the Regional Chair of Durham and
Mayors of municipalities through which Highway 407 currently runs or will
run in the future in which the Chair and Mayors believe that the provincial
government’s decision to only partially build the final leg of Highway 407
breaches the terms of the federal-provincial agreement announced
November 27, 2009; indicating that he supports the civic leaders,
businesses, commuters and all stakeholders who know the importance of
a timely completion of Highway 407 as promised in the 2007 FLOW
funding agreement; and, urging the Premier to work with the local and
federal branches of government to fully reinstate the schedule and plans
for Highway 407.
I - 37 Sharon Bailey, Director, Land and Water Policy Branch, Ministry of the
Environment, thanking Council for their comments and recommendations
regarding the proposed Water Opportunities and Water Conservation Act,
2010, if passed, would establish a framework to drive innovation, create
economic opportunities, sustain water infrastructure, conserve Ontario’s
water and lay the foundation for new Ontario jobs and make Ontario a
North American leader in the development and sale of new technologies
and services for water conservation and treatment. Additional information
regarding the proposed legislation is available at
www.ene.gov.on.ca/en/water/opportunities/index.php.
Council Meeting Minutes - 14 - September 20, 2010
I - 13 Mayor Pat Perkins, Town of Whitby, writing to the Assistant Deputy
Minister, Accessibility Directorate of Ontario, expressing concern regarding
the significant impact the loss of full service gas stations is having on
people with disabilities in the Town of Whitby and across Ontario;
indicating that the Customer Service Standard implemented under the
Accessibility for Ontarians with Disabilities Act goes a long way to
addressing the needs of Ontarians with disabilities but does not come into
effect for businesses until 2012 and does not specifically address the
mobility needs of people with disabilities at gas stations; and, advising that
in order to meet the Provincial commitment to create an inclusive
environment for people with disabilities, more practical and specific
direction is needed now; and, respectfully requesting to be advised as to
what the Ministry can do to ensure that seniors and persons with
disabilities continue to have equitable access to gas pumps that are
essential to addressing their independent mobility needs.
Resolution #C-365-10
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item I – 13 from the Town of Whitby, with respect to the
impact of the loss of full service gas stations, be referred to the Clarington
Accessibility Advisory Committee for comment.
“CARRIED”
I - 21 John R. O’Toole, M.P.P., writing to the Honourable Brad Duguid, Minister
of Energy & Infrastructure Renewal, regarding Council’s position against
the use of cooling towers at the units planned for the new Darlington
Generating Station; encouraging the Minister to support Council’s position
and use the lakewater cooling system instead of the cooling towers; and,
requesting the Minister to advise what steps will be taken to ensure the
Darlington “new build” is constructed in accordance with the wishes of the
community.
Resolution #C-366-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 21, from John O’Toole, MPP, Durham, with respect to
Council’s position to use the lakewater cooling system instead of the cooling towers
at the units planned for the new Darlington Generating Station, be endorsed.
“CARRIED”
Council Meeting Minutes - 15 - September 20, 2010
I - 23 John Schindler, President and Chair, Ontario Society of Professional
Engineers, providing Council with a copy of a joint statement of the Ontario
Society of Professional Engineers (OSPE), the Society of Professional
Engineers and Associates (SPEA), the Ontario Nuclear New Build Council,
the Chalk River Professional Employees Group (CRPEG), the Chalk River
Employees Ad-hoc Task Force (CREATE) and the Chalk River
Technicians and Technologists (CRTT) on the future of Canada’s nuclear
sector which was prepared for the federal Minister of Natural Resources in
response to the recent passage of Bill C-9 authorizing the restructuring of
Atomic Energy of Canada; recognizing that the restructuring of AECL is a
necessary step in restoring the competitiveness of Canada's nuclear sector
but expressing concern about the impacts of restructuring on Canadian-
owned intellectual property and engineering employment; advising the joint
statement will be shared with key Federal and Provincial decision-makers;
and, requesting Council's support of these principles and inclusion of the
Municipal logo on the submission to the Minister.
Resolution #C-367-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item I – 23 from John Schindler, President and Chair, Ontario
Society of Professional Engineers, with respect to the future of Canada’s Nuclear
Sector, be referred to staff.
“CARRIED”
I - 25 Mirka Januszkiewicz, Director of Waste Management Services, Region of
Durham, advising of a project to distribute one new 22 gallon blue box for
recyclable containers to each household in Durham to improve the quality
and efficiency of Durham's two-stream (containers and fibres) blue box
collection system; advising that the new blue box will feature graphics to
illustrate that it is intended for recyclable containers only, not paper
products; and, indicating that delivery is scheduled to commence the week
of September 27th and that an extensive promotion and education strategy
including news releases, advertising, website updates and TV interviews
will begin in early September and continue through to the first week of
November.
Resolution #C-368-10
Moved by Councillor Trim, seconded by Councillor Foster
THAT Correspondence Item I - 25, from Mirka Januszkiewicz, Director of Waste
Management Services, Region of Durham, with respect to additional Blue Box
distribution, be received for information.
“CARRIED”
Council Meeting Minutes - 16 - September 20, 2010
I - 26 Lori Osborne, expressing concern with the logistics of the open house for
Zep Energy held on July 27, 2010, in Orono; indicating that there were
over 70 people who were not able to access the meeting due to fire
regulations and who were not able to have their voices heard and their
questions answered; stating that she feels that the meeting should have
been rescheduled to a more appropriate venue; advising that she has valid
questions and concerns regarding setbacks and the lack of research
completed on Wind Turbines; indicating that the process is unacceptable
considering the possible impact to her life and agricultural operation; and,
questioning how she can be assured that her family's concerns will be
addressed.
Resolution #C-369-10
Moved by Councillor Robinson, seconded by Councillor Hooper
THAT Correspondence Item I - 26 from Lori Osborne, with respect to Wind Turbines,
be referred to the Ministry of Energy and Infrastructure, the Ministry of the
Environment and to John O’Toole, MPP, Durham.
“CARRIED”
Councillor Novak stated a pecuniary interest with respect to Correspondence Item
I - 31 as a former employer of hers is mentioned in the correspondence and refrained
from voting on the correspondence.
I - 31 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing to
Industry Canada, advising that on August 23, 2010, the Township of Brock
adopted the following resolution pertaining to proposed replacement of
long-form census:
“RESOLVED THAT the Council of the Township of Brock express its
dismay and disappointment to the Federal Government concerning the
proposed changes to the long-form census as currently administered by
Statistics Canada and that this be circulated to our MP and other
municipalities.”
Resolution #C-370-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I - 31 from Thomas G. Gettinby, CAO & Municipal Clerk,
Township of Brock, with respect to the proposed replacement of the long-form
census, be endorsed.
“CARRIED”
Council Meeting Minutes - 17 - September 20, 2010
I - 32 Sheila Hall, Executive Director, Economic Development Officer, Clarington
Board of Trade/Office of Economic Development, advising that the
Municipality of Clarington has been fortunate to have significant
infrastructure investment announcements for the community including the
407 extension, the proposed new nuclear project at Darlington and the
extension of the GO Train service to Bowmanville; indicating that it is
essential that action be taken on these announcements; encouraging the
Federal Government to ensure that decisions with AECL be at the forefront
in planning as the New Nuclear Build Project will outflow benefits for the
municipality, the Region and the Province and will set Canada as a leader
in the global nuclear community; advising that the extension of the 407 to
35/115 is essential to ensure effective and timely movement of goods; and,
recommending that action be taken to ensure the New Nuclear Build
Project moves forward without delay, that the 407 extension be completed
to Highway 35/115, and that programs be developed to support the
servicing of employment lands in Clarington.
Resolution #C-371-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT Council endorse the position of the Clarington Board of Trade/Office of
Economic Development with respect to the Board of Trade’s encouragement of the
Federal Government to ensure that decisions with AECL be at the forefront in
planning with respect to the proposed new nuclear project at Darlington; and
THAT Sheila Hall, Executive Director, Economic Development Officer, and the
Clarington Board of Trade be thanked for their efforts in this regard.
“CARRIED”
I - 34 John R. O’Toole, MPP, Durham, writing to the Honourable Jim Bradley,
Minister of Municipal Affairs & Housing, forwarding Council’s resolution
regarding the Province covering costs of appeals to the Ontario Municipal
Board resulting from policies in the provincial Places to Grow Act;
indicating that he agrees that Ontario municipalities should not be
expected to pay the costs associated with defending planning policies that
originate with the Province; and, indicating that would appreciate being
copied on the Minister’s response.
Council Meeting Minutes - 18 - September 20, 2010
Resolution #C-372-10
Moved by Councillor Woo, seconded by Councillor Foster
THAT Correspondence Item I - 34, from John O’Toole, MPP, Durham, with respect to
Council’s position that Ontario municipalities should not be expected to pay the costs
associated with defending planning policies that originate with the Province be
endorsed.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 25, D - 26, D - 27 and D - 28 were received as Hand-outs.
Resolution #C-373-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT Correspondence Items D - 1 to D - 14 and Hand-out Correspondence Items
D - 27 and D - 28 be approved as per the agenda, with the exception of
Correspondence Items D - 4 and D - 9.
“CARRIED”
D - 1 Fred Hahn, President, Canadian Union of Public Employees (CUPE) and
Tracy Saarikoski, President, The Ontario Coalition for Better Child Care
(OCBCC) requesting that Wednesday, October 27, 2010, be proclaimed as
“Child Care Worker & Early Childhood Educator Appreciation Day” in
Clarington, in recognition of the education, dedication and commitment of
child care workers to children, their families and quality of life of the
community.
(Proclaimed)
D - 2 Terryl Tzikas, Chairperson, Bowmanville Santa Claus Parade, requesting
th
permission to hold the 49 Annual Community of Bowmanville Santa Claus
Parade on Saturday, November 20, 2010, beginning at 10:30 a.m.;
requesting the cooperation of the Police Department, Operations
Department and Municipal Services and the use of the Old Fire Hall;
highlighting the parade route; and, thanking all involved for their continued
support in making the parade a great success.
(Approved, provided the organizers apply for
and obtain a Road Occupancy Permit from
the Engineering Services Department)
Council Meeting Minutes - 19 - September 20, 2010
D - 3 Terryl Tzikas, Chairperson, Bowmanville Santa Claus Parade, requesting a
th
Municipal Law Enforcement Officer be in attendance at the 49 Annual
Community of Bowmanville Santa Claus Parade on Saturday, November
20, 2010, to address the issue of people selling articles to parade
spectators during the event.
(Correspondence referred to the Municipal
Clerk)
D - 5 John Greenfield, Sergeant At Arms, Branch 178 Royal Canadian Legion,
requesting permission to hold their annual Remembrance Day Parades
and Services on November 5, 2010 in Newtonville, November 7, 2010 in
Orono, November 11, 2010 in Newcastle and November 11, 2010, in
Bowmanville.
(Approved, provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 6 Donald G. Duthie, Committee Chairman, 172 Royal Canadian Air Cadets
of Clarington, requesting permission to hold Fall Tag Days on September
30, October 1 and 2, 2010.
(Approved for Tag Days September 30,
October 1 and 2, 2010)
D - 7 Elaine Simpson tendering her resignation, with regret, as Vice-Chair of the
Clarington Accessibility Advisory Committee, due to personal commitments
and extending appreciation and best wishes to members of the Committee
for their future endeavours.
(Correspondence referred to the Municipal
Clerk)
D - 8 Beth Cullen Keidann, Public Health Nurse, Region of Durham, advising
October is recognized as “International Walk to School Month” and
th
Wednesday, October 6 is known as “International Walk to School Day
th
(IWALK)”; inviting the residents of Clarington to participate in the 10
Annual IWALK events such as walking, cycling and wheeling as a means
by which to get to and from school; highlighting the benefits of participating
in active transportation; and, encouraging the Municipality to proclaim the
th
month of October as “Walk to School Month” and October 6 as
“International Walk to School Day”.
(Proclaimed)
Council Meeting Minutes - 20 - September 20, 2010
D - 10 Newcastle BIA requesting the closure of King Avenue East from
Baldwin Street to Beaver Street, Church Street from King Avenue to Emily
Street and Mill Street from King Avenue to Emily Street, on Saturday
October 2, 2010, from 6:00 a.m. until 5:00 p.m. for the annual Fall Festival.
(Approved, provided the Organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 11 Don Head, Commissioner, Correctional Services Canada, requesting the
week of November 14 to 21, 2010, be proclaimed as “Restorative Justice
Week”, in recognition of the concrete learning and results that have come
from the experience of practitioners and stakeholders in the application of
a restorative justice approach encouraging accountability, reparation and a
movement towards understanding, feelings of satisfaction, healing and a
sense of closure for those affected by crime and conflict.
(Proclaimed)
D - 12 Larry Ng, P.Eng, Project Manager, SNC?LAVALIN Inc. (SLI), advising SLI
was retained by the Ministry of Transportation to complete the design
services for the removal/demolition of the Highway 401/CNR Spur line
bridge located within Clarington; requesting an exemption to the Noise By-
law 2007-071 from the hours of operation to allow flexibility for construction
to be undertaken seven (7) days per week, including statutory holidays for
the four month contract from April 2011 to July 2011; and, advising that
two overnight full closures of Highway 401 will be required for the bridge
removal, as well, partial lane closures of the highway and night time work
before and after the closure for site preparation and clean-up work.
(Exemption to the Municipality’s Noise By-
law for the period April to July 2011,
approved)
D - 13 The Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing,
the Honourable Leona Dombrowsky, Minister of Education, Tony Haddad,
President, Association of Municipal Managers, Clerks and Treasurers of
Ontario, Norman Sandberg, President, Association of Municipalities of
Ontario and Taylor Gunn, Student Vote advising that during Student Vote
and Local Government Week, October 17 to 23, 2010, Student Vote, a
non-profit, non-partisan organization that works with educators to engage
young Canadians in the democratic process, in partnership with the
Province of Ontario will run the first ever province-wide municipal and
school board election program for youth under the voting age; indicating
that participating schools will receive a Student Vote election kit with
resources, an electoral guide, and posters, along with Local Government
Council Meeting Minutes - 21 - September 20, 2010
Week resources guide; advising that the focus of the 2010 Local
Government Week is the Student Vote program, suggesting that
municipalities engage and plan activities with schools during the remainder
of the school year; and, requesting the municipality to join in celebrating
Local Government Week and encourage schools to participate in the
Student Vote 2010 municipal and school board election program.
(Correspondence referred to the Municipal
Clerk)
D - 14 Lisa Lucchese advising of the dangers for children crossing the
intersection of Bloor Street and Roswell Drive due to the speed and
volume of traffic and requesting the installation of traffic lights to address
these safety concerns.
(Correspondence referred to the Director of
Engineering Services)
D - 27 Victor Labreche, MCIP, RPP, Senior Principal, Labreche Patterson &
Associates Inc. forwarding comments on behalf of his clients A & W Food
Services of Canada Inc., McDonald’s Restaurants of Canada Ltd., the TDL
Group Corp. (operators and licensors of Tim Hortons restaurants),
Wendy’s Restaurants of Canada and their industry association – Ontario
Restaurant Hotel and Motel Association, on Report PSD-094-10 – Courtice
Main Street Master Development Plan.
(Correspondence referred to the Director
of Planning Services)
D - 28 Gowling Lafleur Henderson, LLP, Barristers & Solicitors, forwarding
comments on Report PSD-094-10 – Courtice Main Street Master
Development Plan.
(Correspondence referred to the Director of
Planning Services)
D - 4 Iain Maciver requesting the installation of speed bumps on West
Beach/Cove Road as a traffic calming measure to address safety concerns
with increased traffic and speed of vehicles in the neighbourhood.
(Correspondence referred to the Director of
Engineering Services)
Council Meeting Minutes - 22 - September 20, 2010
Resolution #C-373-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the delegation of Tracey Tyner Cavanagh and Liola Limeback and
Correspondence Item D – 4 from Iain Maciver, requesting the installation of speed
bumps on West Beach/Cove Road, be referred to the Director of Engineering
Services and the Director of Emergency Services/Fire Chief; and
THAT staff meet with Iain Maciver, Tracey Tyner Cavanagh and Liola Limeback to
investigate traffic calming measures.
“CARRIED”
D - 9 Grant Algar requesting an extension to Building Permit No. 08.0509 for
4327 Fices Road until November 30, 2010, due to difficulty obtaining
materials and the availability of tradespersons for installation.
Resolution #C-374-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT Grant Algar be granted an extension for the use of temporary living quarters at
4327 Fices Road until January 31, 2011 subject to the signing of a further letter of
undertaking
.
“CARRIED”
D - 15 Tom Langmaid, Chair, Brownsdale Hall Board, advising that Brownsdale
Hall Board did not submit an application for a community grant in 2010 as
the Board was under the mistaken impression that community grants were
not to be used for operational expenses; acknowledging that the Board has
missed the due date for the community grant process; forwarding a
completed Community Grant application; and, requesting Council to
consider their grant request.
Resolution #C-375-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the letter and grant application from the Brownsdale Community Centre be
received;
THAT a grant in the amount of $2,500 be awarded to the Brownsdale Community
Centre; and
THAT Mr. Tom Langmaid, Chair, Brownsdale Community Centre be advised.
“CARRIED”
Council Meeting Minutes - 23 - September 20, 2010
D - 16 Gary Carr, Regional Chair, Regional Municipality of Halton, advising
Council that on July 14, 2010, Halton Region adopted the following
resolution pertaining to Request to the Province to Cover all Appeal Costs
to the Ontario Municipal Board for Growth Plan Conformity Exercises:
“WHEREAS the Province of Ontario initiated and passed the Places to
Grow Act;
AND WHEREAS pursuant to that Provincial initiative under the Places to
Grow Act, the Province issued a Provincial Growth Plan for the Greater
Toronto Area and pursuant to that Act requires municipalities at the
Regional and Local levels to amend their Official Plans to bring them into
conformity with that Provincial Growth Plan;
AND WHEREAS any Official Plan passed to achieve conformity with the
Provincial Growth Plan must be approved by the Province;
AND WHEREAS the Province permits appeals of its approval decisions on
Regional and Local Official Plans regarding conformity to be appealed to
the Ontario Municipal Board despite the fact that any appeals of the
Growth Plan itself are handled by way of a Hearing Officer who reports to
the Province and the Province makes the final Decision;
AND WHEREAS the defence of any Regional and/or Local Official Plan to
achieve conformity the Provincial Growth Plan can be a long and costly
process in front of the Ontario Municipal Board;
AND WHEREAS municipalities are expected to defend their Official Plans
for conformity at the Ontario Municipal Board despite the fact that the
municipalities have to pass those municipal official plans by reason of the
Provincial Places to Grow Act;
AND WHEREAS in Halton, the Region of Halton has passed Regional
Official Plan Amendments #37 and 38 as required by the Places to Grow
Act and in the case of Regional Official Plan Amendment #37 that
amendment was approved by the Province and then appealed by
development interests to the Ontario Municipal Board and the same is
likely to occur with Regional Official Plan Amendment #38 and with some if
not all of the corresponding local official plan amendments;
AND WHEREAS even without any appeals to the Ontario Municipal Board
there are significant costs for municipalities participating in the Provincially
required Growth Plan conformity exercises pursuant to the Places to Grow
Act;
Council Meeting Minutes - 24 - September 20, 2010
AND WHEREAS such municipalities should not have the added cost of
participating in OMB appeals of the various Regional and Local Official
Plans produced in compliance with Provincial requirement for conformity
with the Provincial Growth Plan;
AND WHEREAS the Province itself, in defending its Growth Plan and
indeed other Provincial Plans such as the Greenbelt Plan has only hearing
officer report exercises in response to changes and amendments sought
by others to its Provincial Plans such as the Growth Plan and the
Greenbelt Plan.
NOW THEREFORE BE IT RESOLVED:
1. THAT the Province of Ontario be requested to take responsibility for
any Ontario Municipal Board appeal hearings related to any approvals
of Regional and Local Official Plan Amendments that are passed
pursuant to the Places to Grow Act in order to achieve conformity with
that Act such that all costs related to defending a Growth Plan
Conformity exercise before the Ontario Municipal Board are covered by
the Province including the retention of any legal counsel, planning
consultants, and other consultants and witnesses and also the time for
Provincial or Regional or Local staff required as part of any defence
before the Ontario Municipal Board.
2. THAT the Province of Ontario be requested to provide “intervener
funding” to any municipalities affected by the appeal of any Growth Plan
conformity, Official Plan amendment to the Ontario Municipal Board so
as to enable the municipalities involved to defend their positions with
respect to the Provincial Growth Plan conformity exercise before the
Ontario Municipal Board without added cost to the Municipal Service
and Delivery System and higher property taxes.
3. THAT a letter be sent by the Regional Chair along with this Resolution
to the Premier of the Province of Ontario and the Minister of Municipal
Affairs and Housing for their consideration and action in having the
Province take the lead and the responsibility for the costs of any appeal
proceedings before the Ontario Municipal Board on Growth Plan
Conformity Official Plans by Regional and Local municipalities and by
providing intervener funding to those municipalities who would be
involved in any appeal proceedings respecting Growth Plan Conformity
Exercises.
4. THAT this Resolution be forwarded to all of the Regional and Local
Municipalities within the Greater Golden Horseshoe and to the
Association of Municipalities of Ontario for their support and
endorsement of this Resolution.
Council Meeting Minutes - 25 - September 20, 2010
5. THAT this Resolution be forwarded to Halton’s MPPs, the Large Urban
Mayors’ Caucus of Ontario (LUMCO) and Greater Toronto Area (GTA)
Mayors and Chairs.
6. THAT this Resolution be forwarded to all party leaders in Ontario.
7. THAT the Regional Chair write to the above-noted groups to request
support for this Resolution and to the Province of Ontario to request
that these costs be included in an amendment to the Development
Charges Act.
Resolution #C-376-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the Regional Municipality of Halton, with respect to request
to the Province to cover all appeal costs to the Ontario Municipal Board for Growth
Plan Conformity Exercises, be endorsed; and
THAT a copy of the resolution be forwarded to John O’Toole, MPP, Durham.
“CARRIED”
D - 17 Gayla McDonald, Clerk/Manager of Administration and Economic
Development, The Corporation of the Town of New Tecumseth, advising
Council that on June 14, 2010, the Town of New Tecumseth adopted the
following resolution pertaining to circulation of a petition in opposition to the
HST and requesting the Government to rescind its decision to implement
the HST in Ontario:
“BE IT RESOLVED THAT the verbal report of Councillor Stone be
received;
AND FURTHER THAT the Additional Information Memorandum of the
Clerk/Manager of Administration and Economic Development dated June
14, 2010 be received;
AND FURTHER THAT Council approve the petition substantially in the
form attached to this memorandum;
AND FURTHER THAT the petition be placed in all Town offices,
community centres, libraries and on the Town website until August 15,
2010;
AND FURTHER THAT the completed petition be forwarded to the Ontario
Premier as well as to the Opposition Party;
Council Meeting Minutes - 26 - September 20, 2010
AND FURTHER THAT AMO member municipalities be advised of this
action and encouraged to circulate a similar petition within their own
municipalities.
Resolution #C-377-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT the resolution from the Corporation of the Town of New Tecumseth, with
respect to circulation of a petition in opposition to the HST and a request that the
Government rescind its decision to implement the HST in Ontario, be received for
information.
“CARRIED”
D - 18 P. M. Madill, Regional Clerk, Region of Durham, writing to the Honourable
Dalton McGuinty, Premier of Ontario, advising that on June 23, 2010, the
Region of Durham adopted the following resolution pertaining to Bill 23 to
reform the Ontario Disability Support Program Act, 1997 and the Taxation
Act, 2007:
“WHEREAS MPP Toby Barrett (Haldimand-Norfolk) has introduced Private
Member’s Bill 23: An Act to amend the Ontario Disability Support Program
Act, 1997 and the Taxation Act, 2007;
AND WHEREAS under the Ontario Disability Support Program Act, 1997
the Bill raises the asset limits that apply in determining whether a person is
eligible for income support from $5,000 to $12,000 for individuals or
$20,000 for those with a spouse on disability;
AND WHEREAS under the Ontario Disability Support Program Act, 1997
the Bill proposes that child support payments that a person receives not be
included in income for the purpose of determining the amount of income
support for which the person is eligible;
AND WHEREAS at present the amount of income support that a person is
eligible to receive is reduced by 50% of the person’s other monthly income
and under the Ontario Disability Support Program Act, 1997 the Bill lowers
the reduction so that a person can retain a maximum of $700 of other
monthly income or a maximum of $1,000 of other monthly income if the
person has a spouse;
AND WHEREAS under the Taxation Act, 2007 the Bill allows an employer
that employs a person who receives income support during a taxation year
to be entitled to a non-refundable tax credit based on a maximum of
$10,000 per person in wages paid, up to a maximum of five employees;
Council Meeting Minutes - 27 - September 20, 2010
AND WHEREAS the Durham Region Accessibility Advisory Committee
feels these recommendations would go a long way toward improving the
lives of many recipients;
THEREFORE BE IT RESOLVED THAT the proposed Bill 23: An Act to
amend the Ontario Disability Support Program Act, 1997 and the Taxation
Act, 2007 be endorsed by the Council of The Regional Municipality of
Durham;
AND FURTHER THAT Mr. Barrett be requested to consider including an
additional provision in Bill 23 to further amend the Ontario Disability
Support Program Act, 1997 to permit individuals receiving Canada Pension
Plan Disability benefits (CPP-D) to keep the full amount of their CPP-D
benefits without deduction from their Ontario Disability Support Program
Benefits;
AND FURTHER THAT a copy of this resolution be forwarded to the
Premier of Ontario, the Minister of Community and Social Services, MPP
Toby Barrett, and the local area Accessibility Advisory Committees.”
Resolution #C-378-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT the resolution from theRegion of Durham, with respect to Bill 23 to reform the
Ontario Disability Support Program Act, 1997 and the Taxation Act, 2007, be
endorsed.
“CARRIED”
D - 19 Mike MacEachern, Mayor, Corporation of the Town of New Tecumseth,
writing to the Premier of Ontario, the Minister of Municipal Affairs and
Housing, Association of Municipalities of Ontario Member Municipalities
and the Organization of Small Urban Municipalities, expressing concern
with the impacts of the WSI Act as it pertains to the presumptive legislation
for firefighters on small municipalities with volunteer firefighters, particularly
in view of the retroactivity of claims; and, requesting that consideration be
given to reducing the hardship on municipalities with volunteer forces and
that the Province consider establishing a cap on the municipal portion to
be paid in the event of such claims.
Council Meeting Minutes - 28 - September 20, 2010
Resolution #C-379-10
Moved by Councillor Trim, seconded by Councillor Robinson
THAT the resolution from the Town of New Tecumseth, with respect to the impacts of
the WSI Act as it pertains to the presumptive legislation for firefighters on small
municipalities, be received for information.
“CARRIED”
D - 20 R. A. (Bob) Fowler, Land Use Council, forwarding an overview of the
corporate structure, legislative influence and funding parameters of
Conservation Ontario (ConOnt) and its relationship with Ontario’s 36
Conservation Authorities, its impact on municipal budgets and the costs of
private land ownership; indicating that increasing local costs arising from
unfunded downloading of provincial services onto municipalities and
simultaneous expansion of district CA/ConOnt powers and levies are
contributing to a steady decline in Ontario’s economy; suggesting that
Municipal Councils might benefit from careful scrutiny of ConOnt’s
purpose, structure and financing; and, encouraging Council to adopt a
resolution requesting that the Ministry of Natural Resources advise
whether or not any part of municipal property tax levies are being funneled
through district conservation authorities to support Conservation Ontario
and to provide a prospectus to justify Conservation Ontario’s continued
existence, confirming its corporate structure and annually providing an
independently audited Financial statement with full details of its operating
and management costs.
Resolution #C-380-10
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Correspondence Item D – 20 from R.A. (Bob) Fowler, Land Use Council, with
respect to monitoring the Conservation Ontario Corporation, be received for
information.
“CARRIED”
Councillor Novak stated a pecuniary interest with respect to Correspondence Item
D - 21 as a former employer of hers is mentioned in the correspondence and
refrained from voting on the correspondence.
Council Meeting Minutes - 29 - September 20, 2010
D - 21 Tracey Vaughan-Barrett, Executive Director, Community Development
Council Durham, expressing disappointment with the Federal
government’s recent decision to replace the mandatory long-form Census
questionnaire, one of the most reliable data sources providing information
on demographics such as ethnicity, immigrant status, income, education,
labour force, housing and non-paid work, expressing concern that the
proposed alternative, the National Household Survey (NHS), will simply not
be sufficient to provide an accurate and detailed picture of the community
allowing for sound and appropriate planning of social services, residential
and employment growth, infrastructure development and business
investment; and, requesting Council to adopt a resolution to publicly
support the position of the Community Development Council’s concerns, to
prepare and release a statement outlining the vital role that Census data
plays in municipal governance and planning, to support a comprehensive
community consultation process to ensure the necessity and viability of the
Census questionnaire and to call for an amendment of the Statistics
Canada Act to remove jail time as a consequence for not completing the
mandatory Census questionnaire.
Resolution #C-381-10
Moved by Councillor Trim, seconded by Councillor Woo
THAT Correspondence Item D – 21 from Tracey Vaughan-Barrett, Executive
Director, Community Development Council Durham, with respect to replacement of
the Long-form Census Questionnaire, be endorsed.
“CARRIED”
D - 22 Andrea Fay, Clerk, Town of Midland, advising Council that in June 2010,
the Town of Midland adopted the following resolution pertaining to changes
to the Residential Tenancies Act with respect to the time period for living
accommodation for the purpose of receiving rehabilitative or therapeutic
services:
“THAT the Council of the Town of Midland supports the request from
Shelter Now to amend current legislation under Part 1, Section 5K of the
Residential Tenancies Act from 1 year to 2 years or adding a 1 year
extension.”
Council Meeting Minutes - 30 - September 20, 2010
Resolution #C-382-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the Town of Midland, with respect to changes to the
Residential Tenancies Act, be received for information.
“CARRIED”
D - 23 Pam and Patricia Guselle, advising they are the owners of a vacation
property at 7598 Maynard Road, an unopened road; expressing concern
that Maynard Road is in an extremely poor state of repair, to the point that
it is almost impossible for a vehicle to pass over it; and, requesting
permission to repair Maynard Road, at their own expense, to allow for
emergency vehicles to reach their vacation property, by having the road
professionally graded to ensure proper water drainage and to add gravel to
prevent erosion while maintaining the integrity of the natural surroundings.
Resolution #C-383-10
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the request from Pam and Patricia Guselle, for permission to repair Maynard
Road, at their own expense, be referred to the Director of Engineering Services.
“CARRIED”
D - 24 Tim Tufts requesting Council to rescind the portion of Administrative Policy
H18 – Political Activities that restricts the use of municipal facilities for the
purpose of political forums so that all-candidates meetings can be held in
facilities available in smaller communities. Mr. Tufts feels the policy is
undemocratic, handicaps new candidates who wish to explain their
platform giving an unfair advantage to incumbents, as well as limits the
voting public’s participation in the democratic process and their opportunity
to obtain information on every candidate.
Resolution #C-384-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Policy H18 – Political Activities be amended as follows:
a) THAT Section (f) be amended to read:
“THAT the Municipal Administrative Centre, Library facilities and museum
buildings shall not be used by any person, employee or otherwise for the
display or distribution of political campaign materials, signage, etc.”; and
Council Meeting Minutes - 31 - September 20, 2010
b) THAT Section (g) be deleted in its entirety.
“CARRIED LATER IN THE MEETING”
(See following motions)
Resolution #C-385-10
Moved by Councillor Novak, seconded by Councillor Foster
THAT the Rules of Procedure be suspended to allow Members of Council to speak to
the matter more than once.
“CARRIED”
Resolution #C-384-10 was then put to a vote and “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
D - 25 Libby Racansky requesting the opportunity to complete her comments
regarding Report PSD-096-10 – Application to Amend the Clarington
Official Plan which she was unable to finish at the General Purpose and
Administration Committee Meeting on September 13, 2010. Ms. Racansky
states that she has additional information from the Ministry of Municipal
Affairs and Housing regarding the built-up areas.
Resolution #C-386-10
Moved by Councillor Foster, seconded by Councillor Robinson
THAT Correspondence Item D – 25 from Libby Racansky, with respect to Report
PSD-094-10 - Application to Amend the Clarington Official Plan, be referred to the
Director of Planning Services.
“CARRIED”
Council Meeting Minutes - 32 - September 20, 2010
D - 26 Jim Richards advising Council that he has retained legal representation
regarding Council’s attempt to curtail his privileges as guaranteed under
the Canadian Charter of Rights with their interpretation of an ambiguous
section of the Procedural By-law; and, requesting one last opportunity for
Mayor Abernethy, Councillors Trim, Novak, Robinson and Hooper to offer
him a verbal public apology, followed by a letter to that effect, in order to
stave off any further legal actions and proceedings that will follow, should
his request not be satisfied.
Resolution #C-387-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT Council issue an apology to Jim Richards.
“MOTION LOST”
Resolution #C-388-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT Correspondence Item D – 26 from Jim Richards be referred to the Municipal
Solicitor for response.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report September 13,
2010.
Resolution #C-389-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of September 13,
2010 be approved, with the exception of Items #2 and #3.
“CARRIED”
Item #2
Resolution #C-390-10
Moved by Councillor Novak, seconded by Councillor Trim
THAT Report PSD-095-10 be received;
Council Meeting Minutes - 33 - September 20, 2010
THAT the application submitted by 1804603 Ontario Inc. continue to be processed by
staff and that a further report be prepared and brought back for the October 4, 2010
Council meeting, following the receipt of all outstanding agency comments; and
THAT the interested parties listed in Report PSD-095-10 and any delegations be
advised of Council’s decision.
“CARRIED”
Item #3
Resolution #C-391-10
Moved by Councillor Foster, seconded by Councillor Trim
THAT Item 3 of Report #1 – Market Compensation Review Report be tabled until the
next term of Council.
“CARRIED”
Resolution #C-392-10
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the Rules of Procedure be suspended to allow for reconsideration of Item 16 of
Report #1.
“CARRIED”
Resolution #C-393-10
Moved by Councillor Hooper, seconded by Councillor Foster
THAT Report FND-021-10 be received; and
THAT the 2009 Draft Audited Financial Statements be approved.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
There was no Business Arising from Notice of Motion considered under this
Section of the Agenda.
Council Meeting Minutes - 34 - September 20, 2010
UNFINISHED BUSINESS
Resolution #C-394-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-102-10 be lifted from the table.
“CARRIED”
Resolution #C-395-10
Moved by Councillor Hooper, seconded by Councillor Novak
WHEREAS the Municipality has a Corporate Policy for “Exterior Signage on
Municipal Property for Recognized Agencies and Groups”; and
WHEREAS the policy allows community groups and non-profit/not-for-profit
organizations to use municipal property for the placement of mobile signs on a
first come, first serve basis in a location specified by the responsible
department and in keeping with the limitations of the policy; and
WHEREAS Council wishes to authorize the exclusive use of the municipally-
owned land on the SW corner of Boswell Drive and Highway 2 for the use of a
mobile sign by the Clarington Older Adult Association (COAA) for an 18 month
period, and
WHEREAS the corporate policy addresses the timing, placement and removal
of the signage; however, in this case Council wishes to make an exception to
these clauses to allow the COAA mobile sign to be erected in compliance with
Section 8.9 i, ii, and iii of the Sign By-law 2009-123;
NOW THEREFORE BE IT RESOLVED:
THAT Report PSD-102-10 be received;
THAT the CAO be authorized to make the necessary amendments to
Corporate Policy H-35 to meet the intent of this resolution, and
FURTHER, THAT the COAA be requested to devise alternative plans for advertising
their ongoing events that does not involve a mobile sign and that they be informed of
Council’s decision with regard to their request for Exception to the Policies for Mobile
Signage and Report PSD-102-10.
“CARRIED”
Council Meeting Minutes - 35 - September 20, 2010
Resolution #C-396-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Rules of Procedure be suspended to allow for the introduction of a motion
regarding a community grant for Hampton Community Association.
“CARRIED”
Resolution #C-397-10
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the grant application from the Hampton Community Association be received;
THAT a grant in the amount of $2,500 be awarded to the Hampton Community
Association; and
THAT Ms. Amanda Townsend, Chair, Hampton Community Association be advised.
“CARRIED”
Resolution #C-398-10
Moved by Councillor Foster, seconded by Councillor Woo
THAT the presentation of Paul Halliday, Chair, Task Force for Attracting Higher
Education Facilities to Clarington, be received with thanks.
“CARRIED”
BY-LAWS
Resolution #C-399-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-laws 2010-112 to 2010-118;
2010-112 Being a by-law to provide policies and procedures for the procurement
of goods and services
2010-113 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Deborah
and William Doiron)
Council Meeting Minutes - 36 - September 20, 2010
2010-114 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (KTJ
Holdings)
2010-115 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (1 Hartwell
Bowmanville)
2010-116 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Henk and
Lisa Mulders)
2010-117 Being a By-law to appoint an individual as Parking Enforcement
Officer (Shane Alexander)
2010-118 Being a By-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Prestonvale Land Corporation); and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
Councillor Foster and Councillor Hooper gave notice that they will be introducing the
following motion at the next Council meeting:
“WHEREAS in February, 2010, the Corporation of the Town of Oakville passed By-law
Number 2010-035 “to assess and control the health effects of major emissions of fine
particulate matter in the Town of Oakville” (“Oakville’s FPM By-law”);
WHEREAS TransCanada Energy has filed an application with the Ontario Superior
Court of Justice seeking to quash Oakville’s FPM By-law on the basis that the Town
does not have the legislative authority to pass it, it was enacted in bad faith, and it is
invalid due to its vagueness;
WHEREAS the Municipality of Clarington shares the concerns of the Town of Oakville
with respect to the health effects of major emissions of fine particulate matter and the
need for municipalities to regulate such emissions;
WHEREAS the Municipality of Clarington may be adversely affected by a judgment in
the application filed by TransCanada Energy;
THEREFORE BE IT RESOLVED THAT the Municipality of Clarington instructs the
Municipal Solicitor to seek leave to intervene as an added party in the application filed
by TransCanada Energy;
Council Meeting Minutes - 37 - September 20, 2010
AND FURTHERMORE THAT consideration of an Air Quality By-law be referred to the
2011 budget deliberations.”
OTHER BUSINESS
Councillor Trim advised of the Region’s Election Sign Recycling Program wherein the
Regional Works Committee has recommended entering into a contract with Target for
acceptance and recycling of election signs for the 2010 elections at no cost to the
municipality and to advise all local municipalities and election candidates.
Councillor Trim provided detailed information and funding envelopes committed to
various projects in Clarington pertaining to the activities relating to the Regional Works
Department.
Councillor Robinson requested an update on Mill Street Tunnel in Newcastle. The
Manager of Transportation and Design advised that she would investigate and
respond directly to Councillor Robinson.
Councillor Robinson questioned the status of meetings with all BIAs. The Director of
Operations advised that invitations have been sent out and he is waiting for replies.
Councillor Novak stated a pecuniary interest earlier in the meeting and refrained from
voting on the Confirming By-law.
CONFIRMING BY-LAW
Resolution #C-400-10
Moved by Councillor Foster, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2010-119, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 20day of September, 2010; and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes - 38 -
ADJOURNMENT
Resolution #C-401-10
Moved by Councillor Robinson, seconded by Councillor Trim
THAT the meeting adjourn at 10:04 p.m.
MAYO
"CARRIED"
September 20, 2010