Loading...
HomeMy WebLinkAbout01/17/2011 Council Meeting Minutes JANUARY 17, 2011 Minutes of a regular meeting of Council held on January 17, 2011 at 7:00 p.m., in the Council Chambers. Councillor Neal led the meeting in prayer. ROLL CALL Present Were: Mayor A. Foster Councillor R. Hooper Councillor J. Neal Councillor M. Novak Councillor Partner Councillor C. Traill Councillor W. Woo Also Chief Administrative Officer, F. Wu, attended until 8:46 p.m. Present: Municipal Solicitor, A. Allison Manager of Transportation and Design, L. Benson, attended until 8:46 p.m. Director of Community Services, J. Caruana attended until 8:46 p.m. Director of Planning Services, D. Crome Director of Operations, F. Horvath attended until 8:46 p.m. Deputy Treasurer, L. Gordon attended until 8:46 p.m. Director of Corporate Services and Human Resources, M. Marano attended until 8:46 p.m. Director of Emergency Services/Fire Chief, G. Weir, attended until 8:46 p.m. Administrative Assistant to the Municipal Clerk, C. Fleming, attended until 8:46 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST Later in the meeting, Councillor Hooper and Councillor Novak stated pecuniary interests with respect to the delegation of Angela Anderson. ANNOUNCEMENTS Councillor Novak announced that she attended World Religion Day on January 16, 2011, at the Garnet B. Rickard Recreation Complex. She expressed appreciation on behalf of the organizers for Council’s support of the event which was well attended. Councillor Neal announced that on January 15, 2010, he attended the Courtice Rotary Club’s Charity Euchre Tournament. Council Meeting Minutes - 2 - January 17, 2011 Councillor Hooper announced the following: ? He, along with several other Members of Council, attended one of Clarington’s th most senior residents, Jack Brough’s 100 Birthday yesterday. ? Donna Villemarie and Pat Warren have been re-elected to the positions of Chair and Vice-Chair, respectively, to the Kawartha Conservation Authority’s Board of Directors. ? Edgar Lucas has been re-elected as Chair of the Bowmanville Business Improvement Area. Councillor Traill extended appreciation to Mayor Foster and Members of Council who attended the special meeting of Oshawa City Council last week to voice Clarington’s concerns regarding the Highway 407 East expansion. Mayor Foster announced the following: th ? He also acknowledged Jack Brough’s 100 birthday, stating that Mr. Brough is a truly exceptional person who was extremely involved in the community through various activities and is also a former Member of Council. ? He also acknowledged World Religion Day as a wonderful event. ? The Durham Regional Police Service is holding their first Parent-Police Coalition on January 24, 2011 at M. J. Hobbs Public School. ? He extended congratulations to Clint Peters on receiving his Associate Member Certification from the Ontario Association of Road Supervisors. ? He also noted the success of the 2010 PeakBusters Utility Contest indicating that Veridian Connections ranked first in the Large Utility Capacity. ? Mayor Foster extended birthday wishes to Councillor Hooper and Councillor Woo who were celebrating birthdays today. Resolution #C-004-11 Moved by Councillor Partner, seconded by Councillor Traill THAT the minutes of a regular meeting of Council held on December 20, 2010, be approved. “CARRIED” PRESENTATIONS Albert Sweetnam, Executive Vice President, Darlington New Nuclear Project and Bill Robinson, Executive Vice President, Nuclear Refurbishment Projects and Support, Ontario Power Generation (OPG) addressed Council to provide an update on Major Nuclear Projects at Darlington. Mr. Sweetnam introduced Laurie Swami, Vice President, Nuclear Regulatory Programs and Director of Licensing and Jennifer Knox, Darlington Site Public Affairs Manager who were also in attendance this evening. Council Meeting Minutes - 3 - January 17, 2011 Through use of a PowerPoint presentation, Mr. Sweetnam provided background information on the Darlington Nuclear site which was acquired in 1971. Mr. Sweetnam indicated that in 2006, OPG was directed by the Province to begin the federal approvals process for new nuclear at the existing site, including an environmental assessment. Mr. Sweetnam provided an overview of the project involving the construction and operation of up to four nuclear power reactors and up to 4,800 MW of electrical capacity and associated facilities to meet the base load energy needs of Ontario. He stated that the Joint Review Panel (JRP), the three member panel established by the Federal Minister of the Environment and the Canadian Nuclear Safety, undertook an extensive public and technical review and that OPG responded to many questions regarding the need for the project, the reactor design characteristics, alternative means/cooling towers, potential effects on Lake Ontario and mitigation measures. Mr. Sweetnam indicated that on December 14, 2010, the JRP announced it will proceed to the public hearing phase of the environmental review and that the hearings will take place beginning March 21, 2011. Mr. Sweetnam stated public hearings are an essential element of the review and highlighted the current steps and target dates. He encouraged the public, Municipal and Regional governments to participate in the JRP hearing process and advised that further information is available on the Canadian Environmental Assessment Registry and on the OPG project website. Bill Robinson stated in February 2010, OPG commenced the definition and planning phase for refurbishment of the Darlington Nuclear Generating Station. He noted that OPG's CANDU reactors are designed to provide safe and reliable electricity generation and that replacement of some of the key reactor and station components is necessary mid-way through the reactor's life and that the refurbishment will allow Darlington Nuclear Generating Station to operate until approximately 2055. He noted the planning stage will take approximately three to four years and includes a Federal Environmental Assessment, an Integrated Safety Review, engineering studies, cost and schedule estimating. Mr. Robinson indicated that once the planning phase is complete, the project will move into the outage preparation phase (2014 to 2016) and outage execution phase (2016 – 2024). Mr. Robinson outlined the refurbishment activities, noting the work will take approximately two to three years for each of the four unit reactors, continued operation activities and the Preliminary Decommissioning Plan. He indicated that engagement and public consultation is an essential part of the Environmental Assessment Process and reviewed key dates. He stated that the Canadian Nuclear Safety Commission will hold a public review and hearing in 2012 to identify all potential effects of the project. Myno Van Dyke, Newcastle Village & District Historical Society addressed Council concerning Correspondence Item D – 6 - Joseph Atkinson Park. Through use of a PowerPoint presentation Mr. Van Dyke provided information on the Newcastle Village & District Historical Society’s request to recognize Joseph Atkinson. He noted that their request to have a street in Newcastle named for Mr. Atkinson was denied and subsequently the Society has asked to name parkland around the new library “Joseph Atkinson Park”. Mr. Van Dyke indicated that the park has had several names including Jubilee Park and Memorial Park and that the Society cannot find any record Council Meeting Minutes - 4 - January 17, 2011 of the official naming of the park. Mr. Van Dyke stated currently there is a Provincial Heritage Plaque located at King and Mill Streets in Newcastle honouring Mr. Atkinson and as part of the Newcastle Community Hall Heritage Garden Project, the plaque is proposed to be moved. Mr. Van Dyke stated the naming of the park after Joseph Atkinson would be a fitting tribute to a former resident and provided historical information on Joseph Atkinson’s life from his humble beginnings in Newcastle to his successful career, the establishment of the Atkinson Foundation and his support of many charitable organizations. Mr. Van Dyke indicated the park would be located just east of the home in which Mr. Atkinson grew up. Jim Richards addressed Council concerning Correspondence Item D - 1 Delegation Limit. Mr. Richards indicated he was present this evening to urge Council in the strongest terms to re-instate the ten minute delegation limit. Mr. Richards stated that during the last session of Council, certain Members were not interested in listening to the public especially on incinerator issues and that four members sought to enact a change in the Procedural By-law to limit speakers from the previous ten minute time limit to five minutes. Mr. Richard stated this change resulted in more people signing up as delegations and more time being used. He acknowledged that some speakers are able to present their views in five minutes; however, not all speakers fit into that mould. Mr. Richards stated that some members of Council campaigned on a promise to listen to and engage the public and that now is the time to demonstrate their integrity and to take the necessary steps to re-instate the ten minute time limit. Libby Racansky addressed Council concerning Item 2 of Report #1 – Report PSD-001-11 – Application to Amend Zoning By-law, Official Plan and Proposed Draft Plan of Subdivision – Headgate Group Inc. Ms. Racansky played a video clip of an interview she had with Reka Szekely, Regional Reporter, Metroland in which Ms. Racansky describes the ongoing dispute she has with the Region over the water problems she is experiencing with her well. Ms. Racansky feels the problems are the result of development in the Hancock Road Neighbourhood. Ms. Racansky also conducted a PowerPoint presentation showing the Hancock Neighbourhood Design plan pointing to the drainage point and to her property. She questioned how the oversized pond can detain water with the outlet being placed at the bottom of the pond, how, with warmer climate, can this pond with so much surface area release quality water that is required for the coldwater fishery habitat and how the pond can handle post-development runoff, when it cannot handle pre-development runoff. Ms. Racansky referred to studies conducted by Gibson & Associates Ltd. Consulting Engineers. She indicated that her well is located within 10m deep shallow aquifer and that is the reason it is sensitive to any imbalance. Ms. Racansky stated that she is here this evening as she is concerned that with the summer drought approaching, the developer will start construction that may affect her well. She noted that previously she was left without water for over 30 days. Ms. Racansky thanked Council and staff for the second chance to review the Hancock Neighbourhood Plan and the chance to change the conditions of approval. She also requested that the Director of Planning Services review conditions in which notice could be given to the developer that he has reason to believe that the well has interfered with drainage, dewatering or construction and that the developers would be responsible for water supply. Council Meeting Minutes - 5 - January 17, 2011 Councillor Hooper stated a pecuniary interest with respect to the delegation of Angela Anderson as his business is a client of Ms. Anderson and left the Council Chambers during her delegation. Councillor Novak stated a pecuniary interest with respect to the delegation of Angela Anderson as she is a client of Ms. Anderson and left the Council Chambers during her delegation. Angela Anderson addressed Council concerning Item 5 of Report #1- Report PSD-004-11 - Bowmanville Community Improvement Plan Grants Update. Ms. Anderson stated she grew up in Bowmanville and returned to set up her law practice in 2003. She advised of her search for commercial property and subsequent purchase of 104 King Street East. Ms. Anderson reviewed renovations and repairs required to bring the property into compliance with the Building Code noting that during the process she was committed to using local suppliers and that money flowed back into the community. Ms. Anderson stated the Grant program is beneficial to small businesses such as hers as they are the life blood of the community. Ms. Anderson stated that since she opened her practice, she has paid $14,000 per year in commercial taxes and stated that she is pleased with the renovations to her building that were helped by the opportunity to participate in the Community Grant Program. Councillor Hooper and Councillor Novak returned to the meeting. COMMUNICATIONS Resolution #C-005-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the communications to be received for information be approved, with the exception of Correspondence Items I - 2, I - 4, I - 7, I - 9, I - 13, I - 17, and I - 19. “CARRIED” I - 1 Minutes of the Clarington Agricultural Advisory Committee dated October 14, 2010. I - 3 The Honourable Dwight Duncan, Minister of Finance and the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, announcing the release of the Ontario Municipal Partnership Fund (OMPF) allocations for 2011; indicating that in 2011 the Province will provide over $1.5 billion in support to 405 municipalities through the combined benefit of both the OMPF and provincial uploads representing a 28% increase in support provided in 2010; advising that further details on the 2011 OMPF will be provided to Municipal Clerks and Treasurers and will also be posted on the Council Meeting Minutes - 6 - January 17, 2011 Ministry of Finance website: http://www.fin.gov.on.ca/en/budget/ompf/2011/; and, indicating that the government is introducing measures to improve the economy and is focusing on working with municipalities to help secure Ontarians’ future over the longer term. I - 5 Tom Mitchell, President and CEO, Ontario Power Generation, forwarding Ontario Power Generation’s (OPG’s) latest Performance Report, highlighting key activities and achievements across Ontario and OPG’s financial and operational performance. I - 6 John R. O’Toole, MPP, Durham, writing to Kelly Campbell, Director, Energy Farming Ontario Inc., referencing correspondence from the Municipality of Clarington outlining concerns with respect to the meeting held in July at the Orono Town Hall regarding wind energy proposals in Clarington; indicating that many residents have expressed similar concerns regarding the location of the meeting and the lack of formal presentations; and, advising that he supports Clarington’s request that another public meeting be held in a venue that can accommodate all interested citizens. I - 8 Nestor Chornobay, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of the Commissioner of Planning’s Report 2010-P-57 regarding the Durham Agricultural Advisory Committee, 2010 Farm Tour. I - 10 Douglas Allingham, Chair, Board of Directors and Kevin Empey, President and Chief Executive Officer, Lakeridge Health (LH), advising of the breakdown of the laser used for performing retinal surgery in October, 2010, resulting in the cancellation of some cases at Lakeridge Health; indicating that LH immediately addressed the issue by working with their retinal surgeon and partners to identify both a mitigation strategy and a sustainable long-term solution; highlighting reasons why LH has not immediately purchased a replacement laser due to financial challenges and the need to fully evaluate all options before investing in new equipment; and, advising that Lakeridge Health appreciates that retinal services are an important component of ophthalmology and neonate child care and that any decision on this vital matter will be made thoughtfully and will ensure that the community has access to a high-quality service. Council Meeting Minutes - 7 - January 17, 2011 I - 11 Highway Safety Division, Ontario Provincial Police News Release dated January 4, 2011, - “Know the Law and Get Trained Before Snowmobiling”, reminding snowmobilers to be in compliance with the Motorized Snow Vehicles Act; providing examples of some of the same rules that govern motor vehicle drivers that apply to snowmobile operators including speeding, failing to stop at a road crossing and driving with blood/alcohol levels exceeding legal limits; providing a checklist of items snowmobilers must have on their person or sled; and, suggesting that snowmobilers take advantage of courses offered by the Ontario Federation of Snowmobile Clubs approved by the Ministry of Transportation. I - 12 Tom Mitchell, President and CEO, Ontario Power Generation (OPG), forwarding a copy of his speech to the Ontario Energy Network in which he discussed OPG’s extensive planning efforts to refurbish the Darlington Nuclear station, the disconnect that exists between Ontario’s electricity industry and Ontario’s ratepayers and the need for electricity companies to demonstrate value to ratepayers; advising that OPG delivers value to ratepayers by providing safe, reliable electricity and is committed to completing the upcoming refurbishment of Darlington Nuclear on time and on budget as part of how OPG is bridging the gap to better connect with ratepayers; and, inviting Members of Council to provide feedback or comments on his speech. I - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on December 22, 2010, Regional Council adopted the following resolution pertaining to the quarterly report on planning activities: “a) THAT Report #2010-P-58 of the Commissioner of Planning be received for information; and b) THAT a copy of Report #2010-P-58 be forwarded to all Durham Area Municipalities, Durham Regional Police Service, and Durham Emergency Medical Services for information.” I - 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on December 22, 2010, Regional Council adopted the following resolution pertaining to the timetable for approval of the 2011 Regional Business Plans, detailed budgets and public notification provisions: “a) THAT the following dates for approval of the 2011 Business Plans and Budgets for Property Tax Purposes by Standing Committees and Council be confirmed: Council Meeting Minutes - 8 - January 17, 2011 5 Year Economic and Financial January 26, 2011 Forecast and 2011 Property Tax Guideline – Council Standing Committees Review February 17-23, 2011 Finance & Administration Committee March 1, 2, 3, 2011 (if Review required) Regional Council Review March 9, 2011 b) THAT staff be authorized to notify the public of Regional Council’s intention to adopt the 2011 Regional Business Plans and Budget for General Property Tax Purposes, the Police Services Board and Outside Agencies, Regional Transit and Solid Waste Management at its regularly scheduled meeting of March 9, 2011; and c) THAT a copy of Report #2010-F-76 of the Commissioner of Finance, be forwarded to the Police Services Board, the Conservation Authorities, other Outside Agencies and the local Area Municipalities.” I - 16 Kate Holmes, Director, Product Marketing, Royal Canadian Mint, thanking Council for their letter in support of the Mint’s production of a Highway of Heroes coin; advising the Mint will be producing the coin in 2011; and, enclosing the Mint’s Communiqué issued on December 8, 2010. I - 18 Michael Newell, Chair, Nominating Committee, Durham College Board of Governors, forwarding a Notice of Vacancy inviting nominations for two representatives of the community to serve as volunteer members of the Durham College Board of Governors for a three-year term commencing September 1, 2011; advising details of the application process are available at http://www.durhamcollege.ca/EN/main/about_us/governance.php; and, requesting that Council assist in the recruitment process by sharing the notice of vacancy with interested colleagues. Applications must be received by February 4, 2011. I - 2 Craig Wallace, Senior Environmental Planner/Specialist, SNC?Lavalin, advising of the completion of the detailed design for the removal of the Highway 401/CNR Spur Line bridge in Clarington; outlining the scope of work involving the full demolition and removal of the entire structure, consisting of the deck, piers and abutments and other minor work including utility relocation and roadside safety and enhancements; indicating the removal of the bridge will require one construction season to complete and is tentatively scheduled to start in spring 2011; advising partial and full closures of Highway 401 with temporary traffic detours will be required and that further notification regarding specific dates and times will be provided following confirmation of the construction schedule by the Ministry of Transportation; and, enclosing the Notice of Construction for reference. Council Meeting Minutes - 9 - January 17, 2011 Resolution #C-006-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Correspondence Item I – 2 from Craig Wallace, Senior Environmental Planner/Specialist, SNC?Lavalin, with respect to the removal of the Highway 401/CNR Spur Line bridge in Clarington, be received for information. “CARRIED” I - 4 Jack Gibbons, Chair, Ontario Clean Air Alliance, forwarding the draft results of the 2010 PeakBusters Utility Contest, indicating that Veridian Connections ranked first in the Large Utility category for achieving the largest percentage increase (25.23%) in peaksaver installations between April 1 and September 30, 2010. Resolution #C-007-11 Moved by Councillor Novak, seconded by Councillor Hooper THAT Correspondence Item I – 4 from Jack Gibbons, Chair, Ontario Clean Air Alliance, with respect to the draft results of the 2010 PeakBusters Utility Contest, be received for information. “CARRIED” I - 7 Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation (OPG), providing an update on the Darlington New Nuclear Project – Environmental Assessment (EA); indicating that the Joint Review Panel has announced that it will proceed to the public hearing phase of the EA and that hearings will begin March 21, 2011; advising that OPG encourages participation in the hearing process and notes that those who wish to participate must have registered by January 13, 2011; outlining examples of continuing work programs being undertaken in parallel with the federal approvals process in support of the project; and, advising that OPG will continue to inform Council and seek their views and perspectives as the project advances and would be pleased to arrange a briefing to discuss the project. A copy of the News Release dated December 14, 2010 was attached to the correspondence noting information on the Public Hearing Procedures is available at www.ceaa-acee.gc.ca or by calling 1-866-582-1884 or 613-947-3710. Council Meeting Minutes - 10 - January 17, 2011 Resolution #C-008-11 Moved by Councillor Traill, seconded by Councillor Woo THAT Correspondence Item I – 7 from Laurie Swami, Director, Licensing and Environment, Darlington New Nuclear Project, Ontario Power Generation, with respect to an update on the Darlington New Nuclear Project Environmental Assessment, be received for information. “CARRIED” I - 9 Nestor Chornobay, Director, Strategic Planning, Regional Municipality of Durham, forwarding a copy of the Commissioner of Planning’s Report 2010-P-62 providing an update on the Provincial approval of Regional Official Plan Amendment 128 (ROPA 128) including an overview of the Growing Durham Study process; subsequent preparation of ROPA 128; the Province’s decision on ROPA 128, as adopted by Regional Council; and, the Region’s appeal of the Minister’s decision to the Ontario Municipal Board. Resolution #C-009-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item I – 9 from Nestor Chornobay, Director, Strategic Planning, Regional Municipality of Durham, with respect to Regional Official Plan Amendment 128 (ROPA 128), be received for information. “CARRIED” I - 13 P.M. Madill, Regional Clerk, Regional Municipality of Durham, advising Council that on December 22, 2010, Regional Council adopted the following resolution pertaining to results of the question on the ballot regarding the direct election of the Regional Chair: “a) THAT Report #2010-A-49 of the Regional Clerk be received for information; b) THAT Regional Council request the Minister of Municipal Affairs and Housing to enact a regulation authorizing the Regional Municipality of Durham to exercise its powers under Section 218 of the Municipal Act, 2001 in order to change the method of selecting the Regional chair (head of council) to election by general vote, in accordance with the Municipal Elections Act, 1996, to be effective for 2014; c) THAT subject to the Minister enacting the regulation outlined in part b) above: Council Meeting Minutes - 11 - January 17, 2011 i) The Regional Solicitor draft a by-law pursuant to the provisions of the regulation and the rules set out in subsection 218(1) of the Municipal Act, 2001; and ii) The Regional Clerk present a report recommending the date that the statutory public meeting of Regional Council will be held to consider the matter; and d) THAT a copy of Report 2010-A-49 of the Regional Clerk be forwarded to the area municipalities for their information.” Resolution #C-010-11 Moved by Councillor Traill, seconded by Councillor Woo THAT the resolution from the Region of Durham, with respect to results of the question on the ballot regarding the direct election of the Regional Chair, be endorsed. “CARRIED” I - 17 Gary Dillon, Director, Central Region, Statistics Canada, informing Council that the 2011 Census and new National Household Survey (NHS) will be held in May, 2011; advising Statistics Canada is seeking Council’s support in their campaign to encourage the participation of all residents and to help raise awareness of available jobs in the census; highlighting the importance of obtaining every resident’s participation to ensure the municipality gets the needed data to plan, develop and evaluate municipal programs and services; and, indicating that a member of Statistics Canada’s communications team will contact the municipality to discuss ways to work together. Resolution #C-011-11 Moved by Councillor Novak, seconded by Councillor Neal THAT Correspondence Item I – 17 from Gary Dillon, Director, Central Region, Statistics Canada, with respect to the 2011 Census and New National Household Survey, be received for information. “CARRIED” Council Meeting Minutes - 12 - January 17, 2011 I - 19 Tracey Chala, Environmental Sustainability Coordinator, Operations and Environmental Services, Town of Ajax, advising that on January 6, 2011, the second meeting of the Durham Environmental Group was held with municipal Environmental Coordinators and staff from Pickering, Ajax, Whitby, Oshawa and Uxbridge; indicating several items were discussed including their collaborative plan for Earth Hour 2011 and their hope of involving all eight municipalities in a united event; advising the tentative theme for Earth Hour 2011 is “Where will you be when the lights go out?”; highlighting their communication strategy and the development of a poster and handout with ideas/facts and a listing of all Earth Hour events in the region for purchase and distribution and to be printed in the local media, used for radio messages and posted on municipal websites, the plan to show an environmentally-related film simultaneously and the potential of holding a friendly municipal competition on Earth Hour success; and, indicating that a “finalization” meeting will be held on January 26th to have local events included in the communications plan and inviting representatives from Clarington to participate. Resolution #C-012-11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Item I – 19 from Tracey Chala, Environmental Sustainability Coordinator, Operations and Environmental Services, Town of Ajax, with respect to a Region-wide Earth Hour 2011 Collaboration, be referred to staff. “CARRIED” CORRESPONDENCE FOR DIRECTION Resolution #C-013-11 Moved by Councillor Woo, seconded by Councillor Traill THAT Correspondence Items D - 2 to D - 5 be approved as per the agenda. “CARRIED” D - 2 Jim Richards suggesting that Council endorse the use of electronic tabulation of ballots for Municipal Elections as he feels that if electronic tabulation had been used for the 2010 elections, it would have saved taxpayers money, would have been more accurate and more expedient and would have saved the Municipality from being ridiculed. (Correspondence referred to the Municipal Clerk) Council Meeting Minutes - 13 - January 17, 2011 D - 3 A.L. Georgieff, Commissioner of Planning, Region of Durham, requesting that the Municipality nominate a representative to the Durham Agricultural Advisory Committee (DAAC) for the 2010-2014 term; indicating that Eric Bowman, Clarington’s current representative has expressed an interest in returning and that no additional expressions of interest were received from Clarington residents; and, requesting Council to consider nominating Eric Bowman as the municipality’s representative on DAAC. (Eric Bowman nominated as the Municipality of Clarington’s representative to the Durham Agricultural Advisory Committee for the term 2010-2014) D - 4 Craig Wallace, BES, Senior Environmental Planner, SNC?LAVALIN Inc. (SLI), advising SLI was retained by the Ministry of Transportation to complete the design services for the rehabilitation of Highway 35/115 Newcastle Underpass at Durham Highway 2 and the Highway 35/115 CPR Overpass located in Clarington; and, 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 six month contract from June 2011 through to November 2011. (Request for exemption to the Municipality’s Noise By-law for the period June to November 2011 approved) D - 5 A.L. Georgieff, Commissioner of Planning, Region of Durham, requesting that the Municipality nominate a representative to the Durham Environmental Advisory Committee (DEAC) for the 2010-2014 term; indicating that Hida Manns, Clarington’s current representative has expressed an interest in returning and Kimberly Murray, Clarington resident and current Member at Large has also expressed an interest in serving an additional term; requesting Council to consider nominating Hida Manns as the municipality’s representative on DEAC; and, advising that it is the Region’s intention to nominate Kimberly Murray as a Member at Large for the upcoming term. (Hida Manns nominated as the Municipality of Clarington’s representative to the Durham Environmental Advisory Committee for the term 2010-2014) D - 1 Jim Richards requesting Council to amend the Procedural By-law to reinstate the ten minute time limit for delegations. Council Meeting Minutes - 14 - January 17, 2011 Resolution #C-014-10 Moved by Councillor Neal, seconded by Councillor Traill THAT Procedural By-law 2007-227, as amended, be further amended to reinstate the time limit of each delegation to ten (10) minutes. “CARRIED” D - 6 Myno Van Dyke, Director, Newcastle Village & District Historical Society, writing further to their request for a street in Newcastle to be named after Joseph E. Atkinson which was turned down by the Region of Durham due to a duplication issue; requesting that the park area surrounding the new library in Newcastle be named “Joseph Atkinson Park”; and, that the Provincial Heritage Plaque honouring Mr. Atkinson at the corner of King and Mill Streets be moved to the park. The correspondence indicates that the Newcastle Horticultural Society is in support of moving the plaque to the park if approved. Resolution #C-015-11 Moved by Councillor Woo, seconded by Councillor Hooper THAT Correspondence Item D – 6 from Myno Van Dyke, Director, Newcastle Village & District Historical Society, with respect to naming the park area surrounding the new library in Newcastle “Joseph Atkinson Park” be referred to staff for follow-up and processing. “CARRIED” D - 7 Doug Anderson, President, DurhamCLEAR, advising of the establishment of an Advisory Committee for the Energy from Waste Project as mandated by the Minister of the Environment as part of the approval process to ensure concerns regarding the design, construction and operation are addressed, indicating that there are numerous details regarding the facility that need to be determined which will impact the physical and financial health of residents; expressing concern that the terms set out by the Region for the Committee indicate that the meetings will be closed to the public and will be held during working hours when representatives of volunteer public interest groups would find it difficult to attend; requesting that Council either appoint a representative at the political level or instruct their representatives carry out the mandate of the Committee, to carefully consider the positions put forward by the Environmental Groups, to vote to allow the meetings to be open to the public and to be held at times that are Council Meeting Minutes - 15 - January 17, 2011 convenient for public participation, and to report directly to Council; and, suggesting that Regional Council be urged to appoint one or more of its members to the Advisory Committee so that there is a direct reporting relationship. Resolution #C-016-11 Moved by Councillor Neal, seconded by Councillor Partner THAT the Advisory Committee for the Energy from Waste Project and all necessary bodies including Durham Region be advised that the Municipality of Clarington concurs with the position of DurhamCLEAR that Advisory Committee meetings for the Energy from Waste Project should be open to the public and held at times that are convenient for public participation; and THAT Correspondence Item D – 7 be referred to the Director of Planning Services. “CARRIED” D - 8 Gioseph Anello, Manager of Waste Planning and Technical Services, Regional Municipality of Durham and Dave Gordon, Manager, Waste Management Program Planning and Policy, Regional Municipality of York, requesting that, in accordance with Condition 8 of the Notice of Approval of the Energy from Waste (EFW) Environmental Assessment requiring the establishment of an Advisory Committee to ensure that concerns regarding the design, construction and operation of the undertaking are considered and mitigation measures implemented where appropriate, one (1) representative member and one (1) staff/representative member be appointed to participate on the Energy from Waste Advisory Committee. The first meeting of the Advisory Committee will take place on January 20, 2011. Resolution #C-017-11 Moved by Councillor Novak, seconded by Councillor Partner THAT Faye Langmaid, Manager of Special Projects, be appointed to participate on the Energy from Waste Advisory Committee. “CARRIED” D - 9 Carolyn Downs, City Clerk, City of Kingston, advising Council that on December 21, 2010, the City of Kingston adopted the following resolution pertaining to Heads and Beds payment: Council Meeting Minutes - 16 - January 17, 2011 “WHEREAS many Kingston residents believe their property taxes are significantly higher than other communities in Ontario, when they compare their own experience with what is reported, for example, in the “Done Deals” column of the Globe & Mail; and, WHEREAS approximately 75% of Kingston property assessment revenues is derived from the residential base, and this is widely regarded as being significantly out of balance with other Ontario communities; and, WHEREAS Kingston has an exceptionally large number of exempt properties, owned either federally, provincially, or by post secondary education institutions and hospitals; and, WHEREAS the payment in lieu of taxes made by the Province of Ontario on behalf of post secondary education institutions and hospitals was $50 per student and hospital bed in 1973, which changed to $75 in 1987 and remains at that rate; and, WHEREAS when Kingston City Council on August 14, 2007, adopted a motion about payments in lieu of taxes, staff had found that “in Kingston, the maximum payment-in-lieu of tax for 2007 is $1,544,400 (20,592 students @$75 ea), which represents just under 25% of the amount of taxes that would be levied ($6,288,319) if the property had been classified and taxed pursuant to its use”; and, WHEREAS if the 1973 flat rate was adjusted for inflation the current rate would be $240 per student and hospital bed, resulting in a payment to Kingston of approximately $5.0 million; and, WHEREAS if the 1987 flat rate was adjusted for inflation the current payment would be approximately $2.5 million; and, WHEREAS on August 12, 2008, Kingston City Council adopted a motion calling on the Province of Ontario to raise the “heads and beds” rate at least to match the inflation since 1987, and “to meet with officials from Kingston and other municipalities affected by this law to discuss a fairer way that is closer to the fair market value of the properties to compensate for the loss of property taxes….”; and, WHEREAS on May 25, 2010, subsequent to the Supreme Court of Canada’s ruling that the federal government regulations “require that the [federal] tax rate be calculated as if the federal property were taxable property belonging to a private owner, “Kingston City Council again adopted a motion calling on the Province of Ontario to review the “heads and beds” payments in lieu of taxes; and, Council Meeting Minutes - 17 - January 17, 2011 WHEREAS the Province of Ontario has taken no action on the motions of August 14, 2007, August 12, 2008, and May 25, 2010; THEREFORE BE IT RESOLVED THAT: 1. The City pursue with the province, together with other municipalities, an increase in the “heads and beds” payment; and, 2. The CAO provide Council with periodic updates, and at least not later than the end of June 2011, on progress made; and 3. Copies of this motion be sent to all Ontario municipalities; the Association of Municipalities of Ontario, the Honourable Dalton McGuinty, Premier of Ontario; the Honourable Dwight Duncan, Minister of Finance; the Honourable Rick Bartolucci, Minister of Municipal Affairs and Housing, and the Honourable John Gerretsen, MPP for Kingston and the Islands.” Resolution #C-018-11 Moved by Councillor Woo, seconded by Councillor Neal THAT the resolution from Carolyn Downs, City Clerk, City of Kingston, with respect to Heads and Beds payment, be endorsed. “CARRIED” COMMITTEE REPORT(S) Report #1 - General Purpose and Administration Committee Report January 10, 2011. Resolution #C-019-11 Moved by Councillor Novak, seconded by Councillor Neal THAT the General Purpose and Administration Committee Report of January 10, 2011 be approved, with the exception of Items #1(b), #5, #7, #15, and #17. “CARRIED” Council Meeting Minutes - 18 - January 17, 2011 Item #1(b) Resolution #C-020-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Item #1(b) of Report #1 be referred to the end of the agenda to be considered during a “closed” session of Council. “CARRIED” Item #5 Resolution #C-021-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT Report PSD-004-11 be received for information. “CARRIED” Item #7 Resolution #C-022-11 Moved by Councillor Neal, seconded by Councillor Novak THAT staff be directed to propose a Community Improvement project for Courtice in the 2011 budget. “CARRIED” Item #15 Resolution #C-023-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Report COD-002-11 be received; THAT Council approve the update to the general provision of the Comprehensive Compensation By-law as set out in attachment #1 to Report COD-002-11, and to confirm the continued application of the one-third tax free allowance as provided for in the Municipal Act; and Council Meeting Minutes - 19 - January 17, 2011 THAT By-law 2007-097 be repealed. “CARRIED” Item #17 Resolution #C-024-11 Moved by Councillor Traill, seconded by Councillor Hooper THAT the delegation of Sharon Barclay, regarding a request for an off-leash dog park, be forwarded to the Director of Engineering Services. “CARRIED” STAFF REPORT(S) BUSINESS ARISING FROM NOTICE OF MOTION Resolution #C-025-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the order of the Agenda be altered to consider the Notice of Motion following the “closed” session of Council. “CARRIED” UNFINISHED BUSINESS Market Compensation Review Report Resolution #C-026-11 Moved by Councillor Woo, seconded by Councillor Novak THAT the Market Compensation Review Report be lifted from the table. “CARRIED” Resolution #C-027-11 Moved by Councillor Neal, seconded by Councillor Traill THAT the Market Compensation Review Report be tabled until the next meeting of Council. “CARRIED” Council Meeting Minutes - 20 - January 17, 2011 Report CLD-001-11 – Proposed Fence Construction Cost Share By-law Resolution #C-028-11 Moved by Councillor Novak, seconded by Councillor Woo THAT Report CLD-001-11 be lifted from the table. “CARRIED” Resolution #C-029-11 Moved by Councillor Partner, seconded by Councillor Novak THAT Report CLD-001-11 be referred to the Clarington Agricultural Advisory Committee. “CARRIED” BY-LAWS As Item 2 of Unfinished Business was referred to the Clarington Agricultural Advisory Committee, By-law 2011-006 was withdrawn from the Agenda. Resolution #C-030-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-laws 2011-002 to 2011-005 2011-002 Being a by-law to authorize the borrowing of $15,000,000 to meet, until the taxes are collected, the current expenditures of the Municipality for the year 2011 2011-003 Being a by-law to establish, lay out and dedicate certain lands as public highways in the Municipality of Clarington 2011-004 Being a By-law to assume certain streets within the Municipality of Clarington as public highways in the Municipality of Clarington 2011-005 Being a by-law to update the prevailing compensation policies applicable to the Mayor and Members of Council, and to repeal By-law# 2007-097; and THAT the said by-laws be now read a first, second and third time and finally approved. “CARRIED” Council Meeting Minutes - 21 - January 17, 2011 NOTICE OF MOTION Councillor Traill and Councillor Neal gave notice that they will be introducing the following motion at the next Council meeting: “WHEREAS section 2.11 of Clarington Property Standards By-Law Number 2007-070 is susceptible to inconsistent interpretation due to unclear phraseology; and WHEREAS the ability of the Municipal Law Enforcement Division to enforce section 2.11 of Clarington Property Standards By-law Number 2007-070 would be enhanced by clarification of the described section; NOW THEREFORE BE IT RESOLVED THAT Clarington Property Standards By-law Number 2007-007 be amended in section 2.11 by inserting the words “and/or” between the two sentences so that the section would now read: “Downspouts used in conjunction with roof drainage shall be no less than 5.1 cm (2 inches) away from any shared lot line and/or all water drainage shall be directed away from the lot line”. OTHER BUSINESS There was no Other Business considered under this Section of the Agenda. Resolution #C-031-11 Moved by Councillor Neal, seconded by Councillor Partner THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the meeting be closed for the purpose of discussing a matter that deals with advice that is subject to solicitor-client privilege, including communications necessary for that purpose. “CARRIED” The meeting resumed in open session at 10:21 p.m. The Mayor advised that one item was discussed in “closed” session in accordance with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed. Resolution #C-032-11 Moved by Councillor Neal, seconded by Councillor Partner THAT Council recess for 10 minutes. “CARRIED” Council Meeting Minutes - 22 - January 17, 2011 The meeting reconvened at 10:43 p.m. Resolution #C-033-11 Moved by Councillor Neal, seconded by Councillor Traill THAT Confidential Report LGL-001-11 be received; THAT the Region of Durham be requested to amend the Host Community Agreement (the “Agreement”) to: a) clarify the meaning of section 5.3 with respect to how the $9 million cash allowance for architectural treatments and upgrades will be spent; b) clarify the meaning of section 9.1 with respect to the amount of net serviced industrial land within the Energy Business Park to be conveyed to the Municipality; and THAT, if the Municipality and the Region have not reached an agreement in principle respecting the foregoing amendments by February 14, 2011, staff be directed to commence the mediation/arbitration process contained in the Agreement; and THAT Staff be directed to commence an application in the Superior Court of Justice under Rule 14 of the Rules of Civil Procedure for a declaration to determine: a) whether Section 13.1.1 of the Agreement, under which the Municipality agreed that it shall not oppose the development or operation of the Energy From Waste facility, or any other provision of the Agreement, is void as being contrary to public policy; b) whether the EFW Facility is, as per Section 13.1.2 of the Agreement, a “public use” for the purposes of the Zoning by-law and in the alternative, whether amendment of the Clarington Official Plan or Zoning By-law is necessary; and c) whether any provision of the Agreement which is contrary to the Minister’s approval of the environmental assessment, including: i. the maximum amount of waste that may be processed at the site; ii. the type of waste that may be accepted at the site iii. waste sources; and iv. air emission criteria Council Meeting Minutes - 23 - January 17, 2011 is to be severed from the Agreement, or amended to conform with the approval. “CARRIED AS AMENDED LATER IN THE MEETING (SEE FOLLOWING MOTIONS)” Resolution #C-034-11 Moved by Councillor Partner, seconded by Councillor Woo THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting continue until 11:30 p.m. “CARRIED” Resolution #C-035-11 Moved by Councillor Woo, seconded by Councillor Traill THAT the foregoing Resolution #C-033-11 be amended as follows: 1. Adding a new paragraph c) to the second paragraph which reads as follows: “be consistent with both the Region’s amended Environment Assessment for Durham and York Residual Waste Study and the Minister’s approval of that undertaking dated October 21, 2010 with respect to: v. the maximum amount of waste that may be processed at the site; vi. the type of waste that may be accepted at the site vii. waste sources; and viii. air emission criteria”; and Council Meeting Minutes - 24 - January 17, 2011 2. Deleting paragraph c) of the final paragraph and replacing it with the following: “whether any provision of the Agreement which is contrary to the Minister’s approval of the environmental assessment is to be severed from the Agreement, or amended to conform with the approval.” “CARRIED ON THE FOLLOWING RECORDED VOTE:” Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Hooper v Councillor Neal v Councillor Novak v Councillor Partner v Councillor Traill v Councillor Woo v Mayor Foster v The foregoing Resolution #C-033-11 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Council Member Yes No Declaration of Absent Pecuniary Interest Councillor Hooper v Councillor Neal v Councillor Novak v Councillor Partner v Councillor Traill v Councillor Woo v Mayor Foster v BUSINESS ARISING FROM NOTICE OF MOTION Councillor Neal advised that he was not proceeding with his Notice of Motion. OTHER BUSINESS (Cont’d) Resolution #C-036-11 Moved by Councillor Novak, seconded by Councillor Partner THAT David Crome, Director of Planning Services, be appointed as the Municipality’s alternate member on the Energy from Waste (EFW) Advisory Committee. “CARRIED” Council Meeting Minutes - 25 - January 17, 2011 BY-LAWS (Cont'd) Resolution #C-037-11 Moved by Councillor Hooper, seconded by Councillor Neal THAT leave be granted to introduce By-law 2011-007 being a by-law to amend By-law 84-63, the Comprehensive Zoning By-law for the Municipality of Clarington (Prestonvale Developments Inc.); and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" CONFIRMING BY-LAW Councillors Hooper and Novak stated pecuniary interests earlier in the meeting, refrained from voting on the Confirming By-law and left the Council Chambers for the remainder of the meeting. Resolution #C-038-11 Moved by Councillor Neal, seconded by Councillor Woo THAT leave be granted to introduce By-law 2011-008, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a regular meeting held on the 17~h day of January, 2011; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-039-11 Moved by Councillor Partner, seconded by Councillor Traill THAT the meeting adjourn at 11:13 p.m. "CARRIED" M YO