HomeMy WebLinkAbout01/31/2011
Adopted as Amended
Council Meeting Minutes
JANUARY 31, 2011
Minutes of a regular meeting of Council held on January 31, 2011 at 7:00 p.m., in the
Council Chambers.
Councillor Novak led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Manager of Communication and Marketing, J. Cooke, attended
until 7:52 p.m.
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Manager of Development Review, C. Pellarin
Communications Coordinator, J. Stycuk, attended until 8:16 p.m.
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Mayor Foster indicated that he would be stating a pecuniary interest with respect to
Item 14 of Report #1.
Later in the meeting, Councillor Neal stated a pecuniary interest with respect to the
delegation of Mario Veltri.
Council Meeting Minutes - 2 - January 31, 2011
ANNOUNCEMENTS
Councillor Hooper announced the following:
?
Leisa Way will be performing “The Rhinestone Cowgirl - A Tribute to Dolly
Parton” at the Clarington Older Adult Association on February 2, 2011. Tickets
are $10 per person.
?
On Tuesday, February 15, 2011, the Clarington Older Adult Association will be
hosting a “Flippn’ Flap Jacks” Lunch with Murder Mystery Play. Tickets are
$8.05 for members and $11.40 for non-members.
?
On Saturday, February 12, 2011, a Sweetheart Dance Fundraiser in support of
the Bowmanville Hospital Emergency Room will be held at the Garnet B.
Rickard Recreation Complex. Tickets are $60 per person and include a buffet
dinner, door prizes and silent auction.
th
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On February 19, 2011, the Clarington Project will host its 4 Annual Polar Chilli
Golf Classic. Tickets are $30 per golfer and include chilli lunch supplied by
local restaurants and judging for best chilli.
Councillor Woo announced the following:
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On Friday, January 28, 2011, he attended a reception at the Consulate General
of People’s Republic of China to bring greetings from the Region of Durham
and the Municipality of Clarington. Councillor Woo indicated that the lunar
Chinese New Year of Rabbit starts on February 3, 2011.
?
On January 26, 2011, the public alerting system was installed which will
provide notification to residents within a 3 km radius of the Darlington Nuclear
Generating Station in the unlikely event of a nuclear emergency.
?
On February 6, 2011, the Association of Hospital Volunteers will be hosting
their annual “A Taste of Italy” Dinner and Auction.
Councillor Partner announced the following:
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She attended the Newcastle and District Chamber of Commerce Annual
General Meeting on January 25, 2011. Mayor Foster presented “Clarington
Looking Back Ten Years and to the Future”. The next morning Mayor Foster
gave the same presentation to the Clarington Men’s East Breakfast meeting.
?
Councillor Partner issued a reminder to residents, in view of the impending
snowstorm, to keep their vehicles off the street to allow snow clearing
operations to proceed.
Councillor Neal announced that he attended a meeting hosted by the Durham
Regional Police Youth Officers at the M.J. Hobbs Elementary School to discuss youth
issues.
Council Meeting Minutes - 3 - January 31, 2011
Mayor Foster announced the following:
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On Saturday, he attended the opening of the Thomas Baillie Hair Design on
Regional Road 57.
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He attended a Clarington Board of Trade meeting this morning where Ontario’s
Progressive Conservative Leader Tim Hudak met with members of the Board of
Trade.
?
Mayor Foster expressed appreciation to Ontario Power Generation for the Plant
Tour at OPG last Thursday.
?
On February 1, 2011, Bobby C’s will be hosting the “Boob Tour”, in support of
mammography at Bowmanville Hospital.
?
Mayor Foster congratulated Kristen Worboy on winning a Gold Medal in the
Special Olympics Ontario Winter Games for the giant slalom event.
Resolution #C-040-10
Moved by Councillor Woo, seconded by Councillor Partner
THAT the Rules of Procedure be suspended to allow for the introduction of a motion
respecting delegations.
“CARRIED”
Resolution #C-041-10
Moved by Councillor Woo, seconded by Councillor Traill
THAT the delegations be permitted to address Council for a maximum of 10 minutes.
“CARRIED”
Resolution #C-042-10
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Mario Veltri be added to the list of delegations to speak to Correspondence
Item I – 7 - Solar Panel Installation.
“CARRIED”
Council Meeting Minutes - 4 - January 31, 2011
Resolution #C-043-11
Moved by Councillor Neal, seconded by Councillor Partner
THAT the minutes of a regular meeting of Council held on January 17, 2011, be
approved.
“CARRIED”
Resolution #C-044-11
Moved by Councillor Partner, seconded by Councillor Woo
THAT the minutes of a special meeting of Council held on January 17, 2011, be
approved.
“CARRIED”
PRESENTATIONS
Mayor Foster presented a Certificate of Recognition and Appreciation to Mary Tillcock,
Organizer, Bowmanville Terry Fox Run. Mayor Foster acknowledged Ms. Tillcock’s
involvement in the annual run which has raised over $1 million.
Mayor Foster presented a Certificate of Recognition and Appreciation to Tom Barrie,
“Soybean King”, in recognition of Terwidlen Farm’s winning of the Grain Farmers of
Ontario 2010 Soybean Yield Challenge Zone 2 – 74.15 Bushels per Acre. Also being
recognized were Steve Barrie and Glenn Barrie, Terwidlen Farms. Mayor Foster
acknowledged that the yield was significantly higher than last year.
Roger Anderson, Regional Chair, Regional Municipality of Durham, addressed
Council to present his Annual Report to Clarington. Mr. Anderson stated this year
Clarington is the first of his annual updates to local area Councils and that he
appreciates the opportunity to review last year’s key achievements and to outline the
major tasks facing Durham in 2011.
Mr. Anderson stated that in 2010, the Region completed some major projects and
received long-awaited provincial decisions on key items. He noted Regional Council
was buoyed by the confirmation of nuclear refurbishment and two new reactors at
Darlington but were shocked by the Province’s announcement for a much shorter
Highway 407 extension. Mr. Anderson noted that Regional spending was constrained
due to the recession with rising social assistance caseloads and declining tax and
Development Charge revenues. He stated that stimulus funding from the federal and
provincial governments enabled the Region to undertake valuable infrastructure
projects such as road and bridge rehabilitation, water plant upgrades, an acceleration
of the Region’s program to replace leaking polybutylene water service connections,
Council Meeting Minutes - 5 - January 31, 2011
and retrofits to the Region’s social housing stock that would not have otherwise been
done in 2010.
Mr. Anderson highlighted the following Regional infrastructure investments completed
in Clarington in 2010:
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The Courtice Road Bridge valued at $2.8 million
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2.1 million for rehabilitation of segments of Highway 2 and Regional Roads
14 and 57 (7.1 km in total)
?
$91,000 in traffic control improvements at 3 locations in Clarington and
?
$250,000 of preparatory work for the replacement of the Main Street
culvert at the Orono Creek
Looking ahead Mr. Anderson reviewed the following projects:
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The expansion of the Port Darlington Water Pollution Control Plant, a $50
million project to double the capacity of the plant and address development
pressures. He noted the EA is complete, design is underway with
construction expected to begin in 2012 for completion in 2013.
?
Preliminary studies for expansions of the water and sewer plants in
Newcastle Village will begin in 2011.
?
Subject to budget approval, the Region plans to spend $1.9 million on
rehabilitation for sections of Regional Roads 4, 9 and 57, and $425,000 for
new and rebuilt traffic signals and lights.
?
Planning and EA work for the Clarington Police station is slated for 2011,
with construction to begin in 2012.
Mr. Anderson stated that transit is a growing and vital component of the Region’s
transportation network and that ridership has increased 31% in the five years since
Durham Transit was formed. The Region’s Long-Term Transit Strategy was finalized
last spring and the Region has applied for federal and provincial transit funding. He
noted a rapid transit office was created to manage Phase 1 of the Highway 2 BRT
project now underway with funding from Metrolinx.
Mr. Anderson reviewed several long-awaited provincial decisions announced last year
affecting the Region including the following:
?
The approval of the EA for the Highway 407 East extension to Highway
35/115. Mr. Anderson expressed concern with the Province’s failure to live
up to its commitment to complete the project all the way to Highway 35/115
by 2013 noting the huge impact on the Region, and in particular for
Oshawa and Clarington. Mr. Anderson advised dialogue continues with
the Province, Ministers, staff and elected representatives to find a better
solution.
Council Meeting Minutes - 6 - January 31, 2011
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The Minister of Municipal Affairs and Housing’s decision on the Region’s
Official Plan Amendment #128, in which several aspects of the amendment
were not approved. Mr. Anderson stated the decision has been appealed
to the Ontario Municipal Board but it is hoped that an agreement can be
reached with the Province saving time and expense of a hearing.
?
The Ministry of the Environment approved the Environmental Assessment
for the proposed Energy from Waste facility and the Region can now
proceed with the next steps.
?
The Ministry of Research and Innovation approved the proposal by the
Durham Strategic Energy Alliance and Northumberland County to develop
a Research Innovation Centre – Innovation Durham-Northumberland (IDN)
to promote innovation and collaboration and provide access to resources
and funding not previously available to area businesses.
Mr. Anderson stated the importance of partnerships and highlighted initiatives the
Region has undertaken in partnership with various stakeholders including:
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The Durham Region Roundtable on Climate Change worked with
community stakeholders to prepare a local climate change action plan.
The Region is applying to FCM for funding to launch this initiative.
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Working with Conservation Authorities and source protection committees to
protect municipal drinking water sources.
?
In June 2010, the Region and partners held a very successful Accessibility
Forum. A key focus was to assist the business community in
understanding the accessibility legislation and to find ways to make their
services accessible. In 2011, the Region will continue to train staff and
implement new provincial standards for accessibility of information,
communication and employment practices.
?
The Region and the Local Diversity and Immigration Partnership Council
(LDIPC) launched the Durham Community Immigration Portal which
provides education and job information in multiple languages to
newcomers about the Region. Two Federally-funded welcome Centres will
open in Ajax and Pickering in 2011.
Mr. Anderson stated that economic recovery was a big concern in 2010 but that
positive signs are emerging in Durham Region with workers being called back to
General Motors in Oshawa, Building permits in the Oshawa CMA which includes
Clarington are at their second highest level in history and that expansion of the
Region’s post-secondary institutions with new campuses and research facilities was a
great boost. Mr. Anderson noted however, that the Region’s Ontario Works cases
have climbed to over 9,800 in 2010 and, based on past experience, it is expected the
caseload will grow by about 3% in 2011 before it starts to decline. He stated in 2010
the Region’s Economic Development and Tourism Department worked to strengthen
the creative capacity that is making Durham a hotbed for energy and auto research
and new technology development and workshops on sustainable manufacturing and
the Prosperity Conference last November provided support to local businesses with
current information, global perspectives and expert insights. Mr. Anderson advised
Council Meeting Minutes - 7 - January 31, 2011
the Region has applied to the Rural Connections program for $3.2 million to expand
and complete broadband network in rural areas to support local businesses, and that
Durham Tourism renewed its Strategic Plan in 2010 and is now part of the Central
Counties Regional Tourism Group which offers the Region access to joint funding and
marketing opportunities. Mr. Anderson also noted that the Region is participating in
the EA and review process for both new nuclear development and refurbishment at
the Darlington Nuclear Generating Station and will participate in the JRP hearings.
Mr. Anderson summarized by stating although the new term of Council has just
begun, already there are new challenges ahead. Mr. Anderson stated Regional and
local Councils must focus on the future to create opportunities and to do their best to
ensure positive results for the community. Mr. Anderson hopes that the Region and
Clarington can work together to achieve this.
Resolution #C-045-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the Rules of Procedure be suspended to allow Members of Council to question
Chairman Anderson more than once.
“MOTION LOST”
DELEGATIONS
Dave Sebben addressed Council concerning Correspondence Item I – 7 - Solar Panel
Installation expressing concern with the proposed use of the property at the corner of
South Simpson Avenue and Baseline Road. Mr. Sebben advised area residents had
been reassured on many occasions by the Central Lake Ontario Conservation
Authority that the green space would never be developed due to the flood plain
designation. He noted that in 2010 the property was purchased and is now proposed
to be used as a solar farm. Through use of a PowerPoint presentation, Mr. Sebben
showed pictures of the layout and surrounding property and outlined health and
safety, traffic, noise and environmental concerns regarding this use as well as the
impact on property values. He emphasized that he is not opposed to the concept of
solar energy but feels this location is not a good fit. Mr. Sebben stated there does not
appear to be any significant studies on the long-term effects of solar energy on the
health of people living in close proximity to them and that the lack of research and
scientific uncertainty of these effects is a major concern. Mr. Sebben stated residents
would prefer that this property be left in its present state. He referenced Report
PSD-078-10 in particular Council’s ability to support/oppose a project to the Ministry of
Infrastructure and to express to the proponent their support or opposition to a project.
Mr. Sebben respectfully requested that if the application receives a contract from the
OPA and progresses to the REA stage, that Council take the residents’ concerns and
objections into consideration. Mr. Sebben submitted a petition objecting to the
location and urging leaders to act now to end the proposal before it gets formal
approval from the Provincial Power Authority.
Council Meeting Minutes - 8 - January 31, 2011
Jim Richards addressed Council concerning Item 16 of Report #1 and Staff Report #1
- Energy From Waste Advisory Committee. Mr. Richards expressed concern that the
new Committee is politically driven but designed for no political responsibility and that
the Regions of Durham and York have interpreted the Directive from the Minister of
the Environment to suit their own purposes. Mr. Richards feels the Committee is not a
public committee at all as there are only three members representing the public and
approximately twenty representatives of various municipalities and the two Regions.
He also expressed concern that the Regions of Durham and York have appointed staff
to sit on this Committee but as he understands the Minister’s Directive the intention
was for elected officials to be appointed, with staff members as alternates.
Mr. Richards indicated that only one meeting has been held, and with the Regions
establishing the Terms of Reference in advance to suit their own purposes - that being
to appear to be abiding by the Minister’s Directive – he feels that the new EFW
Advisory Committee is doomed to fail. Mr. Richards urged Council to insist that those
who sit on the Committee representing the various municipalities and the two Regions
be elected members to ensure public accountability, that the meetings be open to the
public and the media and be held in the evenings to allow delegates and their
alternatives to fulfill their mandate, and that citizen representatives on the Committee
receive compensation at least for mileage. Mr. Richards requested that his concerns
be forwarded to Regional Council.
Kerry Meydam addressed Council concerning Item 16 of Report #1 and Staff
Report #1 - Energy From Waste Advisory Committee. Ms. Meydam indicated that
Report PSD-011-11 has addressed many of her concerns on the Energy From Waste
Advisory Committee and that she concurs with Attachment #2 being sent to the
Facilitator. She did however, express concern that the attachment indicated that the
Facilitator called all members of the Committee regarding the holding of meetings in
York Region. She stated that neither she nor the other two public representatives
were called regarding changing the meeting venue. Ms. Meydam stated the Minister
of the Environment has recognized that there is a need for further consultation and
transparency around the Certificate of Approval for the EFW project and has required
the proponents to undertake additional public and stakeholder consultation before and
during the application process. She expressed concern that the Project Team was
planning to submit the draft Certificate of Approval application on or about January 31,
2011, without public or stakeholder consultations, with no notification of when there
may be consultation during the process, or what format it may take. Ms. Meydam
reminded Council that several key concerns raised by the public and the Ministry
reviewers were not addressed in the EA but were deferred by the Minister to be
addressed through Conditions of Approval or future approvals and stressed the
importance of the public being notified of submissions or amendments to the
Conditions of Approval before approvals are granted. Ms. Meydam urged Clarington
to do a peer review of items in the Conditions of Approvals submission to help ensure
public health and safety.
Council Meeting Minutes - 9 - January 31, 2011
Ms. Meydam also expressed concern with the Region’s interpretation of the Minister’s
conditions of approval surrounding the establishment of the Committee and the Draft
Terms of Reference provided to the Committee. She questioned how the Committee
can ensure concerns are addressed and any mitigation measures are implemented
when the Committee has no approval authority and that the Project Team decides
what goes forward to the Ministry of the Environment or the Regions. She also
expressed concern with the reporting relationship of the Committee as presented by
the Committee Facilitator as it is completely run by the Region.
Kerry Meydam addressed Council concerning Correspondence Item D – 7 - Host
th
Community Agreement (HCA). She reminded Council of the January 17 Council
resolution requesting clarification regarding the EA for the Durham and York Residual
Waste Study and the Minister’s approval. Ms. Meydam stated that this should not be
perceived as a “threat” but rather part of the process contained in the Host Community
Agreement. She indicated that direction to obtain a legal opinion is for further
clarification and she is concerned that the Region has perceived these actions as a
threat and refuses to discuss the terms of the HCA. She requested that Council
engage an independent specialist in contract law for a second opinion as to risk and
options for Clarington. Ms. Meydam expressed her concerns regarding the $46
million dollar figure, in particular, “How could it include the $15 million spent on
consultants for the EA when the EA had to be performed whether the incinerator was
approved or not?”. She does not believe that Clarington should be “on the hook” for
the consultant’s fees. Ms. Meydam is also concerned whether at least part of the $30
million was caused by Chair Anderson signing the contract less than two weeks prior
to the new Council taking office. Her final concern centres on the recovery of an
additional $1 million in legal costs in addressing any termination of the HCA. Ms.
Meydam stated that she believes that the claims are inflated for the purpose of scaring
Clarington into backing down. She urged Council to continue to assess the risk and to
not back down.
Jim Richards addressed Council concerning Correspondence Item D – 7 - Host
Community Agreement. He relayed to Council that it is the public’s perception that the
incinerator is a “done deal”. Mr. Richards reminded Council of the vote on the
January 17, 2011 resolution concerning the HCA. He stated that he was not surprised
that Councillor Novak opposed the resolution to investigate the legal aspects of the
HCA, but that he was surprised and disappointed that Mayor Foster opposed the
resolution. With regard to the Region’s response, Mr. Richards urged Council to be
even more adamant in their resolve to see this issue through. He stated that he did
not believe that the majority of the previous Council conducted their “due diligence”
and that they bargained away any recourse for the next 30 years. Mr. Richards
implored Council to not allow the Region to dictate what is best for Clarington. He
,
also urged Council to proceed with the second portion of the January 172011
resolution to seek the opinions of the courts.
Council Meeting Minutes - 10 - January 31, 2011
Doug Anderson addressed Council concerning Item 16 of Report #1 and Staff Report
#1 - Energy From Waste Advisory Committee. Mr. Anderson thanked Council for
supporting DurhamCLEAR’s position that the public should be admitted to the Energy
from Waste Advisory Committee (EFWAC) meetings and that the meetings should be
held at hours appropriate for public participation. In addition, he thanked Council for
forwarding a copy of Council’s resolution to the Ministry. Mr. Anderson stated that it is
even more urgent to appoint a political representative on the EFWAC. He stated that
the Ministry was not required to provide a mandate for the EFWAC, but he feels that
the fact that they did indicates that it is recognition by the Ministry that there are issues
which did not get resolved in the EA. Mr. Anderson stated that he has confirmed this
position, via emails and phone conversations with Ministry officials. He stated that he
believes that the Region is determined to minimize the importance of the EFWAC and
to stifle it. Mr. Anderson reminded Council that Section 8 of the Notice of Approval
mandates that the EFWAC should have one representative from each of the lower tier
municipalities. He stated that it should be political representatives, not employees.
Mr. Anderson informed Council that the first meeting of EFWAC was not very
productive as it did not agree to its terms of reference, did not decide on a complaint
protocol and has not set up a schedule of meetings. Mr. Anderson stated that he has
several concerns about the Region controlling the membership, the chair, the agendas
and the minutes, which results in the EFWAC not being able to monitor the proponent.
He urged Council to appoint politicians to the EFWAC. Mr. Anderson also asked that
Council send a letter to all the municipalities involved, asking that their appointees be
a representative from their Council, not employees. He stated that he was in favour of
Report PSD-011-11 but made a correction to the fact that neither Kerry Meydam,
Linda Gasser or himself were contacted, which was contrary to the statement in the
report.
Resolution #C-046-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 9:40 p.m.
Doug Anderson addressed Council concerning Correspondence Item D – 7 - Host
Community Agreement. Mr. Anderson stated that the motion Council sent to the
Region was a reasonable request and to ask for judicial review is part of the process.
He expressed concern that the reply did not come from Regional Council but from the
Regional Solicitor and feels that this is a case where senior staff are preempting
Regional Council and that he feels that the Solicitor’s opinion may not be shared by
Regional Council. Mr. Anderson feels that the $46 million is ludicrous and that
Clarington needs to stand its ground. Mr. Anderson stated the whole incinerator
process was staff initiated from the beginning but now there are new councils that
have to fight back.
Council Meeting Minutes - 11 - January 31, 2011
Wendy Bracken addressed Council concerning Correspondence Item D – 7 - Host
Community Agreement urging Council to continue their resolve in getting information
regarding the legality of certain clauses in the Host Community Agreement and to
continue their request to amend the Agreement to be consistent with the Ministry and
more consistent of human health. Ms. Bracken stated she is before Council this
evening speaking as a mother and she feels Council is mistaken if they don’t think the
stakes are high for children who are at the most risk for emissions. She requested
that Council act wisely and without haste, and have the courage to do the right thing.
Ms. Bracken urged Council not to cave into the Region as she feels what Council has
requested is reasonable and absolutely necessary for Council to do their due diligence
and act for Clarington. Ms. Bracken feels that the threat contained in the Regional
Solicitor’s letter is unwarranted and offensive. She feels that Council has a judiciary
responsibility to put Clarington residents first and to find out if certain clauses in the
Host Community Agreement are contrary to public policy and to engage an outside
legal opinion on the legality of the Agreement. She reminded members of Council that
most of the new Council ran for office on an anti-incinerator platform and to remember
the people who elected them and who they serve.
Paul-André Larose addressed Council concerning Correspondence Item D – 7 - Host
Community Agreement. Through use of a PowerPoint presentation Dr. Larose
highlighted how incineration affects H.E.A.L.T.H. – Hormones, Embryo, Airshed,
Landfill, Taxes and History. He indicated that incineration is bad in terms of concept,
bad in terms of plant design and bad in terms of monitoring. He stated that this is his
st
31 presentation to Council opposing the incinerator project . Dr. Larose advised
there is a gross under-estimate of the health impact noting it is what people are not
told that is going to harm them over the long-term. He expressed concern that risk
analysis has been conducted based on the best case scenario and that a true risk
analysis should be based on the worst case scenario. Dr. Larose stated the process
reliability has been overestimated as systems do fail and consequently exposure to
the people has been underestimated. He expressed concern that monitoring is not
pro-active and that the Agreement and the Notice of Approval are basically for after-
the-fact punitive actions. Dr. Larose stated that Council must see the Host
Community Agreement for what it is – an agreement between two parties for
contractual matters not for public health concerns. He questioned whether the
Minister has been mislead with respect to alternatives, monitoring and responses to
concerns. Dr. Larose stated that Council has both a legal and moral obligation to
Clarington and that it must demonstrate the fortitude not to be intimidated or
blackmailed into tacit irrelevance.
Joanne Geisberger, Margaret Stainton and Maurice Wicks advised prior to the
meeting that they would not be addressing Council.
Council Meeting Minutes - 12 - January 31, 2011
Pam Callus addressed Council concerning Correspondence Item D – 7 - Host
Community Agreement. Ms. Callus lauded Council for making the request to clarify
the meanings of sections of the Agreement and to bring it in line with Ministry
approval. Ms. Callus feels that the Region’s communication was intended to be
threatening, that Council needs to know for certain what the costs are, that they are
within their rights to ask for clarification and that the cost of delay is the cost of doing
business. She stated if Council Members have questions then why not seek a second
opinion on the Agreement and on the Region’s letter. Ms. Callus stated 80-90% of
Clarington residents do not want this project to proceed. She respectfully requested
that Council ask questions, seek answers and do everything in their power to stop the
incinerator project.
Ian Soutter addressed Council concerning Correspondence Item D – 7 - Host
Community Agreement. Mr. Soutter stated he has lived in Clarington for the majority
of his life and this is the only issue that he has had reason to address Council.
Mr. Soutter stated he feels compelled to be here to protect the health and welfare of
his children and of the community which is under threat by the project and the Host
Community Agreement. Mr. Soutter stated he and the community has never wanted
an incinerator in their neighbourhood as the air quality is poor, the location is too close
to residential areas and he is concerned with the effects on agriculture. Mr. Soutter
stated his children will breathe the effluence of the incinerator 24 hours per day/seven
days per week and questioned if Members of Council would want their children or
grandchildren to do the same. Mr. Soutter feels the project will have a negative
impact on property values and on the economy and that any revenues and job
creation will pale in comparison to the effect on human health and the environment.
He stated that there are other methods to reduce waste that have not been
investigated. Mr. Soutter implored Council to stand up to the threats of the Region
and to fulfill the mandate that Council was elected to do. Mr. Soutter stated he feels
that the municipal elections were a form of referendum and that members of Council
were elected based on their stance. He urged Council to seek a legal opinion
regarding the validity of the Host Community Agreement and to explore every avenue
possible to seek amendments that address the health and welfare of their
constituents. Mr. Soutter feels that if the democratic process is valued, then signing
this agreement cannot go unchallenged. He noted that other communities such as
Oakville have successfully defeated these projects and that contracts can always be
broken.
Councillor Neal stated a pecuniary interest with respect to the delegation of Mario
Veltri as he has represented Mr. Veltri in the past and left the Council Chambers
during discussion and voting on this matter.
Council Meeting Minutes - 13 - January 31, 2011
Mario Veltri addressed Council concerning Correspondence Item I – 7 - Solar Panel
Installation. Mr. Veltri stated that he agrees with the presentation made by Dave
Sebben on behalf of the area residents. He advised that he is the owner of the
Marianna Villa apartments and this project will be developed in front of his building on
Simpson Avenue. Mr. Veltri stated while he does not live there, he feels a
responsibility to the 39 families that live in his building to express his opposition to the
project because if its inherent dangers. He stated he is not opposed to development
when it makes sense but that this is not the proper location for this type of use. Mr.
Veltri stated when he constructed his building 30 years ago, he was required to
elevate it nine feet above grade. He stated that he is afraid of the consequences of
the creek flooding the area.
Councillor Neal returned to the meeting.
COMMUNICATIONS
Resolution #C-047-11
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 - 1, I - 2, I - 4, I - 5, I - 7, I - 8, and I - 10.
“CARRIED”
I - 3 John R. O’Toole, MPP, Durham, forwarding a copy of correspondence he
received from the Honourable Brad Duguid, Minister of Energy,
acknowledging Clarington Council’s resolution opposing the use of
cooling towers at the Darlington Nuclear Generating Station.
I - 6 Jonah Kelly, Planning Department, Region of Durham, advising
nominations are being accepted until February 28, 2011, for the Durham
Environmental Advisory Committee (DEAC) Environmental Achievement
Awards, a program established to recognize individual or group efforts in
six award categories that promote, preserve and enhance Durham’s
natural environment; forwarding a nomination form outlining the criteria
and nomination process.
I - 9 The Honourable Rick Bartolucci, Ministry of Municipal Affairs and
Housing, extending an invitation to Council to participate in the Ministry’s
Long-standing Service Program, a program established in 2004 to
recognize the spirit and hard work of elected officials who have served
their municipalities in excess of 25 years; indicating that the nomination
form will be forwarded to the Chief Administrative Officer and Clerk of
each municipality for submission to the Ministry’s Municipal Services
Office by March 31, 2011; and, advising that eligible nominees will be
recognized at the Ministry’s regional conferences throughout the year.
Council Meeting Minutes - 14 - January 31, 2011
I - 1 Roger Anderson, Regional Chair, Regional Municipality of Durham, writing
to Pat Vanini, Executive Director, Association of Municipalities of Ontario
(AMO), requesting AMO to use their resources and engage the Province
to address the concerns of municipalities in Ontario regarding commercial
fill operations; and, forwarding a copy of the delegation of a concerned
resident who addressed Regional Council expressing concern with the
lack of provincial regulation in regard to commercial fill operations, the
challenges of municipalities to regulate imported soils given their lack of
resources to deal with operators who act in contravention of their fill
permit; and the potential impacts on the environment, in particular, the
Oak Ridges Moraine. The correspondence also requested AMO to
pursue the lack of a basic approvals process for fill being brought onto a
site to construct a heliport and/or airstrip and the fact that some fill
operators are attempting to circumvent municipal fill by-laws by indicating
their fill is being used for an aerodrome.
Resolution #C-048-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 1 from Roger Anderson, Regional Chair, Regional
Municipality of Durham, with respect to the request to AMO to examine issues
associated with commercial fill operations and aerodromes, be endorsed.
“CARRIED”
Mayor Foster recognized Regional Councillor John Neal who was in attendance this
evening.
I - 2 Mayor John Henry, City of Oshawa, thanking Mayor Foster for attending
the City of Oshawa’s Special Council Meeting concerning the extension of
Highway 407 East; indicating that Mayor Foster’s contribution to the
success of the meeting was invaluable in continuing the fight against the
Ontario Government’s proposed phased approach to the Highway 407
East Extension stopping at Simcoe Street in Oshawa; and, stating it is
imperative that the Province fulfills its commitment to complete Highway
407 to Highway 35/115 in a timely manner to reduce gridlock and
increase economic growth.
Council Meeting Minutes - 15 - January 31, 2011
I - 4 Debbie Leroux, Clerk Township of Uxbridge, advising Council that on
January 10, 2011, the Township of Uxbridge adopted the following
resolution pertaining to the Highway 407 East Extension:
“THAT the Council of the Township of Uxbridge support the Municipality of
Clarington’s resolution that the Province of Ontario commit to construct
the Highway 407 East extension to Highway 35/115, together with both
Durham Links and all the Oshawa interchanges as part of the opening
day scenario.”
I - 8 Kim Coates, Clerk, Township of Scugog advising that on January 17,
2011, the Township of Scugog endorsed Clarington Council’s resolution
of December 20, 2010, pertaining to the Highway 407 East Extension in
which the municipality has advised the Province that Clarington does not
support any decision to terminate the extension anywhere in Oshawa or
Clarington.
I - 10 Mary Medeiros, Acting City Clerk, City of Oshawa, advising that on
January 12, 2011, the City of Oshawa endorsed Clarington Council’s
resolution of December 20, 2010, pertaining to the Highway 407 East
Extension in which the municipality has advised the Province that
Clarington does not support any decision to terminate the extension
anywhere in Oshawa or Clarington.
Resolution #C-049-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT Correspondence Item 1 – 2 from Mayor John Henry, City of Oshawa,
Correspondence I – 4 from Debbie Leroux, Clerk, Township of Uxbridge,
Correspondence Item I – 8 from Kim Coates, Clerk, Township of Scugog and
Correspondence I – 10 from Mary Medeiros, Acting City Clerk, City of Oshawa, with
respect to the Highway 407 East Extension, be received for information.
“CARRIED”
Council Meeting Minutes - 16 - January 31, 2011
I - 5 Linda Gasser, forwarding a copy of her delegation of January 12, 2011, to
the Region of Durham Works Committee, regarding the Incinerator
Advisory Committee and public consultation; expressing concern that the
Advisory Committee meetings are proposed to be closed to the public and
held during day time business hours which is inconsistent with the Ministry
of the Environment’s Condition 8 approval requiring municipal
representation from all local municipalities in Durham and York;
expressing concern that there is no Regional Council liaison to the
Committee and stating that she feels it is essential that an informed
Regional Council liaison and alternate be appointed by Council to
facilitate two-way communication; stating that the Committee should
report directly to Council; and, requesting that Regional Council provide
clear direction to staff that the Public Advisory Committee be constituted
and operated in a manner that is transparent and accessible to the public,
with meetings open to the public and media and to occur in the evenings
when the public is more likely to be available to attend and/or bring issues
to the attention of the Advisory Committee. Ms. Gasser also stated that
timely notification and dissemination of information is required and that
staff be directed to inform interested parties of the change to the website
and to consult with the public before, during and after the Certificate of
approval application process.
Resolution #C-050-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT Correspondence Item I – 5 from Linda Gasser, with respect to the Energy
From Waste Advisory Committee and public consultation regarding the Certificate of
Approval application, be endorsed; and
THAT Councillor Woo be appointed to the Energy From Waste Advisory Committee.
“MOTION WITHDRAWN”
Resolution #C-051-11
Moved by Councillor Traill, seconded by Councillor Partner
THAT Correspondence Item I – 5, from Linda Gasser, with respect to the Energy
From Waste Advisory Committee and public consultation regarding the Certificate of
Approval application, be referred to staff for discussion regarding the appointment of
a Member of Council to the Advisory Committee.
“CARRIED”
Council Meeting Minutes - 17 - January 31, 2011
I - 7 Dave Sebben, advising that he is aware that the owner of the property on
the east side of Simpson Avenue at Baseline Road is in the process of
requesting an amendment to the Official Plan to allow for the operation of
a solar farm at that location; indicating that a number of residents are
opposed to a solar farm being permitted on the site; and, expressing
concern with the effect on nesting birds, wildlife and fish habitat
preservation, health and safety issues and the loss of property values.
Resolution #C-052-11
Moved by Councillor Traill, seconded by Councillor Novak
THAT Correspondence Item I – 7 from Dave Sebben, with respect to solar panel
installation, be referred to staff for a report.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Items D - 9 and D - 10 were received as Hand-outs.
Correspondence Item D - 9 was subsequently withdrawn from the Agenda at the
request of the author.
Resolution #C-053-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT Correspondence Items D - 1 to D - 5, and Hand-out Correspondence Item
D - 10 be approved as per the agenda.
“CARRIED”
D - 1 Karen Bastas, Newcastle Santa Parade Committee requesting
th
permission to host the 7 Annual Newcastle Santa Parade on
Sunday, November 20, 2011; indicating that they will apply for the
necessary permits from the Municipality and the Region for the road
closures; and, requesting Council’s approval for the fireworks permit
to be issued.
(Approved provided the organizers
apply for and obtain a Road
Occupancy Permit from the
Engineering Services Department
and a fireworks permit from the
Municipal Law Enforcement Division)
Council Meeting Minutes - 18 - January 31, 2011
D - 2 Debbie Hunter, Client Services/Chapter Coordinator, MS Society,
Durham Regional Chapter, Multiple Sclerosis Society of Canada,
advising the 2011 Multiple Sclerosis Carnation Campaign will take
place during Mother’s Day Weekend and requesting approval for tag
days to permit the MS Society to sell carnations on Friday, May 6
and Saturday, May 7, 2011, in support of on-going research into the
cause and cure of MS and to provide assistance for persons with
Multiple Sclerosis and their families.
(Permission granted to sell carnations
on May 6 and May 7, 2011)
D - 3 Dianne McKenzie, Executive Director, Epilepsy Durham Region,
advising that March 26, 2011 is “Purple Day for Global Epilepsy
Awareness”; advising of events being held in support of epilepsy
research and awareness; providing ideas for purple day events
including potluck lunches, stair climbing, Dress Purple Casual Days;
Silent Auctions, cook-offs and bake sales; and, encouraging the
Municipality to consider hosting a Purple Day Event.
(Proclaimed)
D - 4 Christine Burland, Communications & Community Development
Coordinator, Big Brothers & Sisters of Clarington, requesting
approval for a partial road closure of Clarington Boulevard north of
Stevens Road on March 26, 2011, from 9:00 a.m. until 6:00 p.m. for
a road hockey tournament to raise funds for Big Brothers & Sisters of
Clarington; advising that access to Clarington Central Secondary
School from Clarington Boulevard will be restricted but that the issue
has been addressed with the Kawartha Pine Ridge District School
Board who have agreed, provided the entrance to the school from
Stevens Road remains open; and, indicating that an insurance
certificate with the Municipality and the Region listed as additional
named insured and liability coverage of $2 million will be provided
upon approval of the event.
(Approved provided organizers apply
for and obtain a road occupancy
permit from the Engineering Services
Department)
Council Meeting Minutes - 19 - January 31, 2011
D - 5 Garth Gilpin, Secretary-Treasurer & General Manager, Historic Downtown
Bowmanville Business Centre, informing Council of the composition of the
Board of Management for the term expiring December 31, 2014:
Edgar Lucas, Chairman
Justin Barry, Director
Catherine Holmes, Director
Donna Johnston, Director
Janet Mulder, Director
Margaret Seaton, Director
Karen Vella, Director
(Appointment of Board of Directors
approved)
D - 10 Susan Edwards, Area Coordinator, Heart and Stroke Foundation of
Ontario, requesting that the month of February be proclaimed “Heart
Month”. The Heart and Stroke Foundation’s annual door-to-door
fundraising campaign takes place in February each year when thousands
of people across the country participate in the Foundation’s largest
fundraising initiative by helping to make a difference in the lives of others.
(Proclaimed)
D - 6 Donald Johnson, Advisory Board Member, Bank of Montreal, advising of
fiscal challenges faced by charities across Canada as the federal,
provincial and municipal governments focus on deficit reduction rather
than tax increases; indicating that the demand for vital services provided
by not-for-profit organizations continues to grow; suggesting that the
Federal government waive the capital gains tax on charitable donations of
real estate and private-company stock making it more affordable for
individuals to donate valuable assets to non-profit organizations; and,
requesting Council support this process and forward letters of support for
the proposal to the Minister of Finance and the local Member of
Parliament. Attached to the correspondence is a copy of a communiqué
that was sent to the 1,800 members of the Federation of Canadian
Municipalities bringing attention to this unique opportunity.
Resolution #C-054-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Correspondence Item D – 6 from Donald Johnson, Advisory Board Member,
Bank of Montreal, pertaining to an opportunity to increase private sector funding for
charities, be endorsed.
“CARRIED”
Council Meeting Minutes - 20 - January 31, 2011
D - 7 Matthew L. Gaskell, Senior Solicitor, Regional Municipality of Durham,
writing in response to Council’s resolution of January 17, 2011, requesting
that the Host Community Agreement (HCA) for the Energy from Waste
Facility be amended or failing which that staff commence a
mediation/arbitration under the terms of the Host Community Agreement
and commence a Court application challenging the validity of certain
provisions of the HCA; advising that it is the opinion of the Legal
Department of the Region of Durham that initiating court proceedings as
referenced in Clarington’s resolution would be a clear and unequivocal
breach of the Agreement; and if breached, all of the Region’s
commitments to Clarington contained therein would be vitiated; indicating
that the Region will not discuss the terms of the HCA while under a threat
of litigation and that if Clarington wishes to resile from its commitments,
then Council should have requested discussions with Durham concerning
the issue; advising that any delay of the EFW project will expose the
Region to significant delay costs and could result in termination of the
entire project agreement; suggesting some of the costs would include $15
million spent to complete the Residual Waste Environmental Assessment;
termination costs which could reach $30 million and legal costs and
disbursements in excess of $1 million; and, advising that if the Region
were subject to any of these costs as a result of Clarington’s breach of the
HCA, the Region would undoubtedly pursue recovery from Clarington.
Resolution #C-055-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Correspondence Item D – 7 from Matthew L. Gaskell, Senior Solicitor,
Regional Municipality of Durham, pertaining to the Host Community Agreement,
Energy From Waste Facility, be received for information.
“MOTION LOST”
Resolution #C-56-11
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item D – 7 from Matthew L. Gaskell, Senior Solicitor,
Regional Municipality of Durham, pertaining to the Host Community Agreement,
Energy From Waste Facility, be referred to staff.
“CARRIED”
Council Meeting Minutes - 21 - January 31, 2011
D - 8 Fred Key, writing with concerns about the Municipal snow plows
proceeding south on Prestonvale Road and pushing snow up and over
the boulevard as they proceed and due to the narrowness spill same onto
the sidewalk which runs along the east side of his property for a total
length of 164 feet. He feels that the Municipality should remove the snow
from Highway 2 along Prestonvale Road to the end of his property.
Resolution #C-057-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Correspondence Item D – 8, from Fred Key pertaining to snow
plowing/removal on the west boulevard on Prestonvale Road South, be referred to
staff.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report January 24, 2011.
Resolution #C-058-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of January 24, 2011
be approved, with the exception of Items #14 and #18(d).
“CARRIED”
Mayor Foster stated a pecuniary interest with respect to Item #14 of Report #1 as he
has a close personal relationship with a principal of one of the companies which may
be considered to contract for work on the Strategic Plan and left the Council
Chambers during discussion and voting on this item.
Deputy Mayor Novak chaired this portion of the meeting.
Item #14
Resolution #C-059-11
Moved by Councillor Woo, seconded by Councillor Hooper
That Report CAO-002-11 be received; and
Council Meeting Minutes - 22 - January 31, 2011
That the Strategic Planning Process as provided for in Report CAO-002-11 be
endorsed.
“CARRIED”
Mayor Foster returned to the meeting and resumed the Chair.
Item #18(d)
Resolution #C-060-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the following individuals be appointed to the Clarington Accessibility Advisory
Committee:
Sally Barrie
Keith Brettell
Jennifer Forde
Tim Hick
Sylvia Jaspers-Fayer
David Kelly
Shea-Lea Latchford
“CARRIED”
Item #18(e)
Resolution #C-061-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT the following individuals be appointed to the Agricultural Advisory Committee of
Clarington as the Durham Federation of Agricultural representative:
Mary Anne Found (Tim Sargent, Alternate).
“CARRIED”
STAFF REPORT(S)
Report PSD-011-11 – Durham/York Residual Waste Project Energy From Waste
Advisory Committee (EFWAC)
Council Meeting Minutes - 23 - January 31, 2011
Resolution #C-062-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-011-11 be received;
THAT a copy of Report PSD-011-11 and Council’s decision be forwarded to the
Region of Durham, the Region of York, and Ministry of Environment; and
THAT all interested parties listed in Report PSD-011-11 and any delegations be
advised of Council’s decision.
“CARRIED”
Confidential Report LGL-003-11 – Host Community Agreement Letter from Region of
Durham dated January 21, 2011
Resolution #C-063-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting
continue until 11:15 p.m.
“CARRIED”
Resolution #C-064-11
Moved by Councillor Neal, seconded by Councillor Traill
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.
“MOTION LOST”
Council Meeting Minutes - 24 - January 31, 2011
Resolution #C-065-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT Resolution #C-033-11 adopted on January 17, 2011, with respect to the Host
Community Agreement with the Region of Durham be rescinded.
“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
Resolution #C-066-11
Moved by Councillor Traill, seconded by Councillor Neal
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
c) Be consistent with both the Region’s amended Environmental Assessment
for Durham and York Residual Waste Study and the Minister’s approval of
that undertaking dated October 21, 2010 with respect to:
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
THAT, if the Municipality and the Region have not reached an agreement in principle
respecting the foregoing amendments by February 28, 2011, staff be directed to
commence the mediation/arbitration process contained in the Agreement for a
declaration to determine the above and:
Council Meeting Minutes - 25 - January 31, 2011
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 is to be severed from the
Agreement, or amended to conform with the approval.
“CARRIED AS AMENDED LATER IN THE
MEETING”
(See following motion)
Resolution #C-067-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT the foregoing Resolution #C-066-11 be amended by deleting the following from
the third paragraph - the words “for a declaration to determine the above and:” and
sections a, b, and c.
“CARRIED”
Resolution #C-066-11 was then put to a vote and 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
Resolution #C-068-11
Moved by Councillor Hooper, seconded by Councillor Traill
THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting
continue until 11:30 p.m.
“CARRIED”
Council Meeting Minutes - 26 - January 31, 2011
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-069-11
Moved by Councillor Traill, seconded by Councillor Neal
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.
(See following motion)
Resolution #C-070-11
Moved by Councillor Partner, seconded by Councillor Hooper
THAT the foregoing Resolution #C-069-11 be referred to staff.
“CARRIED”
UNFINISHED BUSINESS
Market Compensation Review Report
Resolution #C-071-11
Moved by Councillor Traill, seconded by Councillor Novak
THAT the Market Compensation Review Report be lifted from the table.
“CARRIED”
Council Meeting Minutes - 27 - January 31, 2011
Resolution #C-072-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the Market Compensation Review Report be tabled until the next General
Purpose and Administration Committee meeting.
“MOTION LOST”
Resolution #C-073-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT the Confidential Report submitted by the consultants, Gazda, Houlné &
Associates Inc. be received;
th
THAT the 65 percentile for market comparable compensation be established with
monitoring and adjustment at least every two years; applicable cost to be included in
the appropriate annual budget;
THAT the revised salary structure, as outlined in Option A of the consultant’s report be
implemented, with an implementation date of October 1, 2010;
THAT the positions that are paid low, be examined through the existing Pay Equity
process to ensure they are placed appropriately within the salary structure;
THAT the Exception Compensation as outlined in the consultant’s report be approved,
to be implemented by the CAO according to Council approved criteria and annual
budget allocation; and
THAT the CAO be authorized to update and implement a revised performance
management system, utilizing consultants to assist in the review.
“CARRIED LATER IN THE MEETING”
Resolution #C-074-11
Moved by Councillor Neal, seconded by Councillor Trail
THAT in accordance with Section 239(2) of the Municipal Act, as amended, the
meeting be closed to consider a matter that deals with personal matters about an
identifiable individual, including municipal employees.
“MOTION LOST”
Council Meeting Minutes - 28 - January 31, 2011
Resolution #C-075-11
Moved by Councillor Woo, seconded by Councillor Hooper
THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting
continue until 11:45 p.m.
“CARRIED”
Resolution #C-076-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-073-11 be divided to vote on each part of the
motion separately.
“MOTION LOST”
Resolution C-073-11 was then put to a vote and 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
BY-LAWS
Resolution #C-077-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2011-009 to 2011-013
2011-009 Being a by-law to amend By-law 2007-227, the Municipality’s
Procedural By-law
2011-010 Being a by-law to amend Sign By-law 2009-123, as amended of the
Municipality of Clarington
2011-011 Being a By-law to govern the sale and other disposition of surplus
municipal land
Council Meeting Minutes - 29 - January 31, 2011
2011-012 Being a by-law to stop up, close and authorize the conveyance of a
road allowance
2011-013 Being a by-law to repeal By-law 2004-229, being a by-law to
establish the composition of the Clarington Public Library Board;
and
THAT the said by-laws be now read a first, second and third time and finally approved.
“CARRIED”
NOTICE OF MOTION
There were no Notices of Motion introduced under this Section of the Agenda.
OTHER BUSINESS
There was no Other Business introduced under this Section of the Agenda.
Mayor Foster and Councillor Neal stated pecuniary interests earlier in the meeting,
refrained from voting on the Confirming By-law and left the Council Chambers during
discussion and voting on this matter.
Deputy Mayor Novak chaired the remainder of the meeting.
CONFIRMING BY-LAW
Resolution #C-078-11
Moved by Councillor Hooper, seconded by Councillor Woo
THAT leave be granted to introduce By-law 2011-014, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
st
on the 31 day of January, 2011; and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Mayor Foster and Councillor Neal returned to the meeting.
Council Meeting Minutes - 30 - January 31, 2011
ADJOURNMENT
Resolution #C-079-11
Moved by Councillor Hooper, seconded by Councillor Partner
THAT the meeting adjourn at 11:41 p.m.
“CARRIED”
________________________ _______________________
MAYOR MUNICIPAL CLERK