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:
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He, along with several other Members of Council, attended one of Clarington’s
th
most senior residents, Jack Brough’s 100 Birthday yesterday.
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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
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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.
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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