HomeMy WebLinkAbout03/07/2011
Council Meeting Minutes
MARCH 7, 2011
Minutes of a regular meeting of Council held on March 7, 2011 at 7:00 p.m., in the
Council Chambers.
Councillor Traill 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, attended
until 9:18 p.m.
Director of Community Services, J. Caruana, attended
until 9:18 p.m.
Director of Planning Services, D. Crome, attended until 9:55 p.m.
Director of Operations, F. Horvath, attended until 9:18 p.m.
Manager of Special Projects, F. Langmaid, attended until
8:06 p.m.
Director of Finance/Treasurer, N. Taylor, attended until 9:55 p.m.
Director of Corporate Services and Human Resources,
M. Marano
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming,
attended until 9:18 p.m.
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Neal indicated that he would be declaring a pecuniary interest with respect
to Item #9 of Report #2.
ANNOUNCEMENTS
Councillor Novak announced the following:
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She attended the Official Grand Opening Public Auction of vehicles and
equipment at Manheims on March 5, 2011.
Council Meeting Minutes - 2 - March 7, 2011
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She attended the Durham Region’s Waste Fair on Saturday morning held at
the Courtice Community Complex.
Councillor Neal announced the following:
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He addressed the Courtice Rotary Club at their meeting on Friday, March 4,
2011.
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He also attended the Durham Waste Fair on Saturday. He noted members of
DurhamClear, a citizen’s environmental lobby group were also outside the
Complex.
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On Saturday, March 5, 2011, he attended the Mardi Gras Celebration at
Newcastle Town Hall.
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On Sunday, March 6, 2011, he attended a Ladies Tea hosted by Bev Oda at
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Trinity United Church in recognition of the 100 Anniversary of International
Women’s Day.
Councillor Hooper announced the following:
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This past week he represented the Municipality along with Councillor Partner at
the ground breaking ceremony for the new Canadian Tire store, east of the
Wal-Mart. Councillor Hooper noted the new store will be one of the largest in
Durham Region and that it is anticipated the store will open in the fall of 2011.
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On a personal note, Councillor Hooper congratulated his mother on celebrating
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her 85 birthday on the weekend.
Councillor Partner announced the following:
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Last Monday, she, along with Mayor Foster and Councillors Woo and Hooper
attended the Newcastle/Bondhead Ratepayers’ Association meeting.
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Last Saturday she attended the ribbon-cutting ceremony for the new Shoppers
Drug Mart in Newcastle.
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She advised International Women’s Day is celebrated annually on March 8
with thousands of events held throughout the world to inspire women and
celebrate their many achievements
.
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She extended birthday greetings to Wally Boughen, the Unofficial Mayor of
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Newtonville, as he celebrates his 80birthday this Sunday with a celebration at
the Newtonville Church.
Councillor Woo advised of the success of the Lions Club Bavarian Night on March 4,
2011, a great fundraiser for the Bowmanville Lions Club.
Council Meeting Minutes - 3 - March 7, 2011
Resolution #C-102-11
Moved by Councillor Neal, seconded by Councillor Partner
THAT the minutes of a regular meeting of Council held February 14, 2011, be
approved.
“CARRIED”
PRESENTATIONS
Steven Rowe, Environmental Planner conducted a PowerPoint presentation on “The
Role of the Host Community Agreement in the EA for the Proposed Clarington EFW
Plant”. Mr. Rowe indicated that he was retained by the Municipality to assist in
relation to a resolution passed on February 14, 2011 to review relevant documentation
and to provide responses to questions regarding the role of the Host Community
Agreement (HCA), “willing host” status, reconsideration of the decision and possible
expansion of the facility.
Mr. Rowe indicated that in conducting the assignment, he undertook a review of the
Environmental Assessment Act (the Act) and guidance and reviewed steps in the
Environmental Assessment (EA) process and how the Host Community Agreement
(HCA) might have played into it. Mr. Rowe confirmed that he undertook a Planner’s
review of the subject, not a legal review and that he is not an air quality specialist.
Mr. Rowe stated the Act lists matters to be considered in making a decision, as well
as provides for “such other matters as the Minister considers relevant” and therefore,
the HCA is not excluded from consideration. The Act also allows the Minister to revisit
a decision if there is a change in circumstances or new information and if he considers
it appropriate to do so, noting it is a two-step process and either step can be
delegated to the Tribunal. In reviewing the EA Codes of Practice, Mr. Rowe looked at
clauses that might refer to agreements such as Host Community Agreements but only
found references stating that mitigation measures including any agreements should be
included in the Environmental Assessment. Mr. Rowe discussed the evolution of the
Host Community Agreement. He noted the EA process started with a Terms of
Reference and that the proponent must comply with the Terms of Reference as
approved by the Minister. Mr. Rowe indicated that in March 2006, there was no
reference to the HCA in the Terms of Reference nor was it a factor in the site selection
of the Clarington 01 site. He stated the HCA was endorsed by Clarington on May 11,
2009 and executed on February 10, 2010. There were references to the HCA
mitigation measures in terms of land, infrastructure, architectural and air quality in the
initial and final EA documents and that while the Code of Practice has an expectation
that they be included, that did not happen. Mr. Rowe stated the final EA document
reduces the plant capacity to 140,000 tonnes per year but the HCA was not revised to
reflect this. He noted that there is a disconnect as the HCA still refers to the 400,000
tonnes per year as the size being applied to under the Act but the approval is for
140,000 tonnes. Mr. Rowe stated that he was one of the peer reviewers of the EA
and that the comments made and agreed to by staff were forwarded to the proponent
Council Meeting Minutes - 4 - March 7, 2011
and to the Ministry of the Environment without being adopted by Council and that the
comment tables in the EA show no comments from Clarington and that responses to
public comments indicate Clarington concerns have been addressed. Mr. Rowe
stated following the preparation of the EA, there is a formal process where a
Ministerial review is coordinated by the Ministry of the Environment and a report is
produced. The report confirms that the proposed facility will process up to 140,000
tonnes of waste annually. There is no reference to the HCA in the body of the review
and it was not brought firmly to the Minister’s attention. Mr. Rowe stated the
Municipality had an opportunity to comment on the Ministry review but it was his
understanding that they did not. He reviewed the Notice of Approval and reasons of
the Decision. He stated the reasons do not make any reference to the HCA as having
been a factor in reaching the decision even though there is a lot of overlap. Mr. Rowe
stated generally EA protection requirements are more stringent in the decision than in
the HCA and there is no reference in the Notice of Approval of Clarington’s position as
a willing host nor its commitment not to object to the facility. Mr. Rowe provided a
comparison of the decision-making on Environmental Assessments prior and post-
1998. He noted that during the late 1980s and 1990s it was common for EAs for
large-scale and contentious projects to be referred to the EA Board or a Joint Board
for hearings but that the Government has moved away from hearings on EAs and
decisions are now made by the Minister. He stated there have been no hearings on
individual EAs since 1998 and he is not aware of any situations where a
reconsideration was made. Mr. Rowe indicated that there has been a shift in favour of
Energy-From-Waste from the 1980s when they were not even considered partly due
to the streamlining of the EA process aspects of EFW approvals.
Mr. Rowe summarized by stating in terms of the technical aspects of the EA, the role
of the HCA appears to have been very limited. The site was selected prior to the HCA
so land transfers were not a factor. Mr. Rowe stated the reviewer and possibly the
Minister may have been aware that Clarington was a “willing host” but there is no
reference to it in the EA, the Ministry Review or the Reasons for Decision. Generally
the “willing host” status would be considered a positive in an EA process, especially
when compared with strong opposition. Mr. Rowe suggested that while it is not
mentioned, the issue of delay in terms of pressure of what to do with the waste if new
capacity does not come on stream could have been a consideration in the decision.
He stated that only the Minister can confirm how much weight was given to different
aspects of the Ministry Review and other considerations in reaching a Decision;
however, the matters discussed suggest that the Minister may well have approved the
EA in the absence of a HCA. Mr. Rowe advised that the Act provides for a request for
the Minister to reconsider the Decision; however there is no formal procedure to follow
and he is not aware of any instances where this provision has been invoked. He also
stated that there is no provision in the Act that requires work on a project to be
suspended while reconsideration is being reviewed. Mr. Rowe also confirmed that for
an expansion to the facility beyond 140,000 tonnes, the proponent would likely choose
the option of proceeding through the Environmental Screening process rather than an
individual EA and that this process would not come before the Minister for a decision
unless there is a request that the process be “bumped up” to require an individual EA.
Council Meeting Minutes - 5 - March 7, 2011
He stated Section 1.2 of the HCA makes provision for a New Host Community
Agreement only if the capacity is expanded beyond 400,000 tonnes. At the time of the
signing of the Agreement, it was understood that the Agreement related to a facility
that would ultimately have a maximum capacity of 400,000 tonnes; however, the
approved capacity of the facility approved under the EA is 140,000 tonnes and the
agreement has not been amended to reflect this. Mr. Rowe stated Clarington would
be constrained from opposing an expansion within the 400,000 tonne range because
of the “no opposition” clause and a request by the Municipality would likely be
interpreted to be opposition to the project.
DELEGATIONS
Kaylin Morissette and Julie Cryderman addressed Council concerning
Correspondence Item D – 10 - Request for Financial Assistance - U19 World
Championship - Women's Field Lacrosse. Julie and Kaylin advised that they would be
representing Canada and Clarington in Germany this August during the U19 World
Championship - Women's Field Lacrosse competition. They indicated that this
competition happens only once every four years and both of them have been selected
from well over 100 girls vying for a spot on Team Canada. Both girls are members of
the Lady Blue Knights and also play and coach lacrosse for their schools. They
indicated that although this is a national program, there is no funding available to them
and the financial responsibility rests with each participant to raise $6,000 to cover
individual costs. Kaylin Morissette and Julie Cryderman requested Council to consider
sponsoring them in the amount of $1,000 each and in return, they would promote the
Municipality of Clarington by wearing a patch on their uniforms.
Resolution #C-103-11
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Kaylin Morissette and Julie Cryderman be provided with $1,000 each to assist
with funding required for their participation at the U19 World Championship - Women's
Field Lacrosse Event in Hanover, Germany in August, 2011.
“TABLED”
(See Following Motion)
Resolution #C-104-11
Moved by Councillor Neal, seconded by Councillor Woo
THAT the foregoing Resolution #C-103-11 be tabled to the General Purpose and
Administration Committee meeting of March 21, 2011.
“CARRIED”
Council Meeting Minutes - 6 - March 7, 2011
Mark Foley addressed Council concerning Item 3 of Report #2 – Report PSD-016-11 -
Two (2) Proposed Draft Plans of Subdivision and Two (2) Zoning By-Law Amendment
Applications to Permit a Mixed Residential Development (Kingsberry Properties
(1317870 Ontario Limited) & William Tonno Construction Limited) indicating that he
has reviewed the amendment and is in support of Report PSD-016-11 and the
recommendation approved by the General Purpose and Administration Committee.
COMMUNICATIONS
Resolution #C-105-11
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 - 6, I - 7, I - 9, I - 10, I - 11, I - 12 and I - 14.
“CARRIED”
I - 1 Minutes of the Newcastle Community Hall Board dated January 18, 2011
I - 2 Minutes of the Newcastle Memorial Arena Management Board dated
January 11, 2011
I - 3 Minutes of the Central Lake Ontario Conservation Authority dated
February 15, 2011
I - 4 Minutes of the Clarington Heritage Committee dated February 15, 2011
I - 5 Kaitlyn Black, Communications & Community Development Coordinator,
Big Brothers & Sisters of Clarington, advising that the Big Brothers &
Sisters of Clarington’s Annual Food & Wine Festival will be held at the
Newcastle Community Hall on Saturday, June 11, 2011, from 12:00 noon
until 5:00 p.m. and indicating that the event has been organized to raise
funds for children’s programs and to promote food and wine matching, that
the event will be held partly indoors in the Community Hall and partly
outdoors in the adjacent gardens and that pop-up tents will be used to
provide shelter.
I - 8 V. Lovekin, BIA Interim President, Newcastle Downtown Business
Improvement Association, advising that on February 10, 2011, Board
members were informed of the Municipality’s plan to have a designated
parking space at the southeast corner of King Avenue and Mill Street for
drivers with accessibility requirements in response to parking and safety in
the business area; and, indicating that Board members in attendance at
the meeting unanimously supported the initiative.
Council Meeting Minutes - 7 - March 7, 2011
I - 13 Gail Empey, Clerk, Township of Cavan Monaghan, writing to
Mary Medeiros, Acting City Clerk, City of Oshawa, advising that on
February 22, 2011, the Township of Cavan Monaghan adopted the
following resolution pertaining to the 407 East Extension:
“Be it Resolved that the Council for the Township of Cavan Monaghan is
opposed to any decision to terminate Highway 407 East anywhere in
Oshawa or Clarington and does hereby request that the Province of
Ontario commit to constructing the 407 East extension to Highway 35/115
in one phase; and
Further that a copy of this resolution be sent to the City of Oshawa,
Municipality of Clarington, Premier Dalton McGuinty, Minister of Energy
and Infrastructure, Minister of Environment, Minister of Transportation,
Minister of Municipal Affairs and Housing, Tim Hudak, Leader of the
Opposition, Andrea Horwath, Leader of the NDP, Barry Devolin MP and
Rick Johnson MPP.”
I - 6 Mayor John Henry, City of Oshawa, writing to the Honourable Kathleen
Wynne, Minister of Transportation, in response to the Minister’s letter of
February 2, 2011 in which she states that the Ministry is developing
options for further discussion regarding the Highway 407 East Extension;
indicating that neither he nor his political colleagues have been consulted
regarding options and questioning when the community will have input into
the options; suggesting that expediting construction of the Highway 407
East Extension from Pickering to Highway 35/115 is crucial to fulfilling the
Open Ontario Plan as it will address congestion, quality of life, safety and
environmental concerns, further economic development, tourism and job
creation for all of southern Ontario and facilitate transportation of goods
through the Greater Golden Horseshoe and the Quebec/Windsor corridor
and referencing the Highway 407 East Extension Environmental
Assessment which outlined similar conclusions; advising that the City of
Oshawa is extremely disappointed that the parameters for completion of
the highway were changed in June 2010 with no communication or input
from Durham Region, its municipalities or the Cities of Peterborough and
Kawartha Lakes; and, assuming that the process of “developing options”
will be one of transparency and accountability; and, advising that he looks
forward to meeting with the Minister to provide input into options for
developing Highway 407 East through to Highway 35/115.
Council Meeting Minutes - 8 - March 7, 2011
Resolution #C-106-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I – 6 from Mayor John Henry, City of Oshawa, with
respect to Phasing of the Highway 407 East Expansion, be endorsed.
“CARRIED”
I - 7 Barb Houghton forwarding a copy of the City of Oshawa’s RAMP it up! on-
line petition to the Legislative Assembly of Ontario opposing the decision to
terminate Highway 407 East in Oshawa or Clarington and petitioning the
Province to proceed with the Highway 407 East Extension project as
planned and promised, in one continuous phase, from Brock Road in
Pickering through to Highway 35/115, with a completion date of 2013;
indicating that the City of Oshawa and government partners will be
presenting the Highway 407 East Extension petition at Queen’s Park in
March 2011; and, encouraging the support of the “Let’s RAMP it up!”
campaign by signing the online petition and forwarding a hard-copy of the
petition postcard to the City of Oshawa by March 1, 2011.
Resolution #C-107-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Correspondence Item I - 7 from Barb Houghton, with respect to the City of
Oshawa’s RAMP it up! Campaign, be referred to staff for investigation of working in
conjunction with the City of Oshawa or implement action of a similar program to
communicate Clarington’s message.
“CARRIED”
I - 9 Rob Messervey, Chief Administrative Officer, Kawartha Conservation,
advising that on January 19, 2011, Kawartha Region Conservation
Authority supported a resolution adopted by the Greater Toronto
Countryside Mayors Alliance in recognition of the potential impacts of
major commercial filling activity within the watershed, reading as follows:
“In recognition of the emerging commercial fill activity in the GTA, the
GTCMA:
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Supports the Township of Scugog’s position that both the provincial
and federal governments be strongly encouraged to play an active
role in commercial fill activity through their regulation and
enforcement; and
Council Meeting Minutes - 9 - March 7, 2011
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Requests that the federal and provincial levels of government
provide legislative and regulatory clarity on the issue of how
municipal by-laws apply to activities that are federally and
provincially regulated.”
Resolution #C-108-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I – 9 from Rob Messervey, Chief Administrative Officer,
Kawartha Conservation, with respect to Commercial Fill Activity, be endorsed.
“CARRIED”
I - 10 Gail Rickard, Chairperson, Clarington Public Library Board, forwarding a
copy of a news release from the Federation of Ontario Public Libraries
(FOPL) proposing that the provincial government significantly increase its
annual operating grants to Ontario public libraries from $18.7 million to
$43.9 million over two years to enhance services and programs that
support provincial priorities such as economic development, employment,
early literacy and integration of new Canadians; forwarding a copy of
Clarington Public Library Administration Report A3-2011 regarding the
Provincial Funding Model; indicating that at the January 2011 Library
Board meeting, direction was provided to the CEO to write a letter to the
Ministry of Tourism in support of the proposed new funding model which
attempts to reinstate the approximate 40% cut in funding which occurred in
the late 1990s and to adjust the grant to reflect increases in population and
inflation rates; and, advising that the adjustment for Clarington Public
Library would increase from $77,681 to $217,896.
Resolution #C-109-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 10 from Gail Rickard, Chairperson, Clarington Public
Library Board, with respect to the Provincial Funding Model, be endorsed; and
THAT a copy of the correspondence be forwarded to John O’Toole, MPP, Durham.
“CARRIED”
I - 11 Mary Medeiros, Acting City Clerk, City of Oshawa, writing to the
Honourable Dalton McGuinty, Premier of Ontario, advising that on January
31, 2011, the City of Oshawa adopted the following resolution pertaining to
the City of Oshawa Comments – Transit Project Assessment Process
Environmental Assessment and Preliminary Design Study: Oshawa to
Bowmanville GO Train Service Expansion:
Council Meeting Minutes - 10 - March 7, 2011
“1. That Oshawa City Council urge the Province of Ontario and Metrolinx
to expedite the Oshawa to Bowmanville GO Train Service Expansion
and Maintenance Facility in the Regional Municipality of Durham,
including the completion of the ongoing Transit Project Assessment
Process, detailed design, and construction, with all necessary funding
earmarked at an early stage in GO Transit’s Ten Year Capital Plan;
and
2. That the comments contained in Report DS-11-40 dated January 12,
2011, including Attachment 7, be endorsed as the City’s comments
with respect to GO Transit’s Transit Project Assessment Process
Environmental Assessment and Preliminary Design Study for the
Oshawa to Bowmanville GO Train service expansion; and
3. That staff be authorized to forward Report DS-11-40 dated January
12, 2011 and any related resolution by the Development Services
Committee to GO Transit for its consideration and to provide a
subsequent follow-up once Council has considered this matter; and
4. That staff be authorized to provide comments on the forthcoming
Environmental Project Report and any associated technical studies
directly to GO Transit and the Ministry of the Environment for the
remainder of the Transit Project Assessment Process and
subsequently include any comments in the correspondence section of
the Development Services Committee agenda; and
5. That CP Rail be requested to assess the impacts of operations along
the CP Belleville Subdivision corridor in proximity to established
residential areas, to ensure that impacts arising from CP Rail
operations are appropriately mitigated in conjunction with impacts
resulting from the proposed GO Train service expansion through
Oshawa; and
6. That the Region of Durham be requested to amend the approved
Regional Cycling Plan to incorporate additional Regional cycling
routes on Regional roads, namely, an extension of the approved
Thornton Road route southerly from Gibb Street to the proposed new
Thornton’s Corners GO Station, a new route along Consumers Drive
between Thickson Road and Thornton Road South and an extension
of the approved Gibb Street route easterly from Simcoe Street South
to Central Park Boulevard along the proposed Gibb Street/Olive
Avenue connection, to serve the proposed new central Oshawa GO
Station; and
Council Meeting Minutes - 11 - March 7, 2011
7. That City of Oshawa staff liaise with Metrolinx and the Region of
Durham regarding the preparation of a Mobility Hub Master Plan
focused on the central Oshawa station, in accordance with the
provisions of the Regional Transportation Plan – “The Big Move” - and
bring forward a proposal for this work at the appropriate time; and
8. That staff be directed to consult with the Development Services
Committee on a public process intended to keep residents aware of
any future plan changes by GO Transit; and
9. That copies of this resolution and report be forwarded to the
Honourable Dalton McGuinty, Premier of the Province of Ontario, the
Honourable Kathleen Wynne, Minister of Transportation, Durham
MPPs, and area municipalities in Durham.”
Resolution #C-110-11
Moved by Councillor Traill, seconded by Councillor Woo
THAT Correspondence Item I – 11 from Mary Medeiros, Acting City Clerk, City of
Oshawa, with respect to the City of Oshawa Comments – Transit Project
Assessment Process Environmental Assessment and Preliminary Design Study:
Oshawa to Bowmanville GO Train Service Expansion, be received for information.
“CARRIED”
I - 12 Joint Review Panel, Darlington New Nuclear Power Plant Project, a
proposal by Ontario Power Generation (OPG) for the site preparation,
construction, operation, decommissioning and abandonment of up to four
new nuclear reactors at the Darlington Nuclear site, announcing the
schedule for the public hearing commencing March 21, 2011 and
concluding April 8, 2011, to be held at the Hope Fellowship Church in
Courtice; indicating the hearing will provide an opportunity for the
proponent to explain the project and respond to questions, and for
individuals, organizations, Aboriginal groups and government departments
to provide their views on the implications of the proposed project; advising
OPG will make an overview presentation on the first day of the hearing and
make several short presentations on specific topics as outlined in the
schedule, Government participants and interveners will make oral
presentations to the Panel on the second or subsequent days of the
hearing, registered participants will have ten minutes to make oral
statements at various sessions throughout the hearing, time permitting,
members of the public who have not already done so may have the
opportunity to register at the hearing to make an oral statement, and
written submissions from interveners that are not making oral
presentations will be addressed as the schedule allows; and, indicating
that the hearing schedule will be available on line and telephone lines will
Council Meeting Minutes - 12 - March 7, 2011
be available to listen live to the hearing proceedings. For further
information regarding the review process or participation at the hearing,
please contact Debra Myles, Panel Co-Manager at 1-866-582-1884 or
darlington.review@ceaa-acee.gc.ca or Kelly McGee, Panel Co-Manager at
613-947-3710 or JRP-OPG-Darlington@cnsc-ccsn.gc.ca.
Resolution #C-111-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I – 12 from the Joint Review Panel, Darlington New
Nuclear Power Plant Project, with respect to the Joint Review Panel Public Hearing
Schedule, be received for information.
“CARRIED”
I - 14 Tom Kontra, A/Assistant Deputy Minister and Chief, Emergency
Management Ontario, Ministry of Community Safety and Correctional
Services, congratulating Council and staff on the Municipality’s completion
of all of the mandatory emergency management activities required under
the Emergency Management and Civil Protection Act (EMCPA) for 2010.
Resolution #C-112-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Correspondence Item I-14 from Tom Kontra, A/Assistant Deputy Minister and
Chief, Emergency Management Ontario, Ministry of Community Safety and
Correctional Services regarding the Municipality’s completion of all of the mandatory
emergency management activities required under the Emergency Management and
Civil Protection Act for 2010 be received for information; and
THAT staff of the Emergency Services Department be thanked for their work in this
regard.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Item D - 16 was received as a Hand-Out.
Council Meeting Minutes - 13 - March 7, 2011
Resolution #C-113-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Correspondence Items D - 1 to D - 9, and Hand-out Correspondence Item
D - 16, be approved as per the agenda.
“CARRIED”
D - 1 Brent Van Luven, President, Bowmanville and District Navy League,
requesting permission to change tag days for April 22, 23 and 24, 2011
previously approved by Council on December 20, 2010, to
April 15, 16 and 17, 2011, due to the Easter long weekend.
(Tag days for April 15, 16, and 17, 2011
approved and previous approval rescinded)
D - 2 Ev and Lorne Heard expressing concern with the lack of available and
affordable smaller residential homes for seniors who are downsizing in
Clarington and providing suggestions for smaller homes to be built or
second storeys to be added to commercial properties to allow seniors to
remain in the community.
(Correspondence referred to the Director of
Planning Services)
D - 3 Tracylynn Hu, Area Administrator, Heart & Stroke Foundation – Durham
Region, requesting approval to hold their annual Heart and Stroke Big Bike
Event on June 13, 2011; attaching a map of the route which will begin and
end at Kelsey’s Restaurant; and, indicating that they have requested a
Road Occupancy Permit from the Region of Durham, they will also have
police escorts for the ride and will forward proof of insurance and a road
occupancy permit application following Council’s approval.
(Approved provided the organizer’s apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 4 David Staples, requesting permission to hold the School Parade on
September 9, 2011 and the Fair Parade on September 10, 2011 in
association with the Orono Agricultural Fair; forwarding the map routes and
times; and, indicating that proof of $5 million insurance coverage will be
provided.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
Council Meeting Minutes - 14 - March 7, 2011
D - 5 Garth Gilpin, Secretary Treasurer and General Manager, Historic
Downtown Bowmanville Business Centre requesting the closure of King
Street from Scugog Road to George Street, Temperance Street from
Church Street to the hole in the wall, Division Street from the Municipal
Parking lot entrance to the Royal Bank parking lot and the 20 King Street
East parking lot for the following 2011 events:
Maple Festival and Friday, May 6, at 8:00 p.m.
All That Jazz (Temperance Street from King
Street to Church Street) and as
above from 9:00 p.m. until Saturday,
May 7, at 7:30 p.m.
Summerfest As above on Saturday, June 25 from
5:00 a.m. until 7:00 p.m. The parking
lot to be closed from Thursday,
June 23 until Saturday, June 25.
August Moonlight Madness Friday, August 12, from 5:00 p.m.
until August 13 at 12:30 a.m.,
as above.
Apple Festival and Craft Sale Friday, October 14 (Temperance
Street from King Street to the hole
in the wall at 7:00 p.m.,
Temperance Street from King
Street to Church Street at
8:00 p.m.) and as above from
9:00 p.m. until Saturday, October 15
at 8:00 p.m.
Christmas Moonlight Magic Friday, December 2 (Temperance
Street from King Street to Church
Street at 4:30 p.m.) and as above
from 5:30 p.m. until 11:30 p.m.; and,
requesting permission to close the 20 King Street East parking
rd
lot from 7:00 a.m. until 3:00 p.m. on April 23 to facilitate the Easter
Egg Hunt and Lion’s Club Easter Brunch.
(Approved provided organizers apply for
and obtain a road occupancy permit from
the Engineering Services Department)
Council Meeting Minutes - 15 - March 7, 2011
D - 6 Sheila Hall, President, Rotary Club of Courtice, requesting financial
th
assistance as provided in 2010 for the 7 Annual Canada Day Fireworks
Celebration to be held on July 1, 2011, at the Garnet B. Rickard
Recreation Complex Park beginning at 5:00 p.m. and ending at
approximately 10:30 p.m., and requesting the closure of Stevens Road
between Highway 57 and Clarington Boulevard from 5:00 p.m. to 10:30
p.m. to ensure the safety of attendees, volunteers and participants. The
event will feature live entertainment, children’s activities, outstanding
fireworks, as well as a military display providing an opportunity for
attendees to show their respect to those representing Canada abroad and
to those lost. Auxiliary police will be present to ensure the safety for all
involved and insurance in the amount of $2 million will be secured.
(Request referred to the Corporate
Services Department and approval granted
for the road closure provided the organizers
apply for and obtain a Road Occupancy
Permit from the Engineering Services
Department)
D - 7 Wayne Routly, Rotary Club of Bowmanville, advising of the 4th Annual
Rotary Ribfest to be held on the playing fields of the Garnet B. Rickard
Recreation Complex from June 10 to 12, 2011, and requesting permission
to have a banner placed on the hydro poles, west of the railway during the
week of May 16, 2011 and removed during the week of June 13, 2011, in
support of Rotary Ribfest.
(Installation of banner approved and
Veridian to be advised)
D - 8 Robert Kreasul, writing to Council regarding the Bowmanville Creek
dredging project, questioning whether the $27,000 included in the 2010
budget for repairing the docks at the boat launch will be included in the
2011 budget as the work has not been done; suggesting that if the pay per
day kiosk had been operational, revenues generated could have been
applied to dredging, indicating that the neighbour’s dispute with the marina
has to do with the east wall of the south basin, nowhere near the public
access channel and that the project is for dredging only the public access
channel, not private property; advising that he will confirm the $40,000
quote for dredging he received last year, noting dredging windows are
March, August and November; and, indicating that he hopes to get
Council’s agreement prior to the March dredging window.
(Advised of decision with respect to Report
FND-003-11)
Council Meeting Minutes - 16 - March 7, 2011
D - 9 John Bennett, Executive Director, Sierra Club of Canada, advising of the
inaugural “Canada Water Week”, a week-long celebration to raise the
profile of water and its importance to Canadian prosperity commencing on
March 14 and culminating on March 22, 2011 with the celebration of World
Water Day; and, requesting the Municipality to support this inaugural
initiative by participating in events to raise the profile of water to
Canadians.
(Proclaimed)
D - 16 Donald G. Duthie, CD, Major (Ret), Sponsoring Committee Chairman, 172
Clarington Squadron Royal Canadian Air Cadets, requesting permission to
hold tag days on Thursday, May 5 to Sunday, May 8, 2011, in and around
Clarington to raise funds to finance cadet activities.
(Tag days approved on Thursday, May 5 to
Sunday, May 8, 2011)
D - 10 Kaylin Morissette and Julie Cryderman, local athletes advising they will be
representing Canada at the upcoming U19 World Championship –
Women’s Field Lacrosse in Hanover, Germany in August 2011; advising
that there is no National funding available for the team and that each
member is required to fundraise and secure sponsorship on their own;
and, requesting if Council would be willing to provide financial support.
Resolution #C-114-11
Moved by Councillor Partner, seconded by Councillor Neal
THAT the request from Kaylin Morissette and Julie Cryderman with respect to
financial assistance for the U19 World Championship – Women’s Field Lacrosse, be
tabled until the General Purpose and Administration Committee meeting of March 21,
2011.
“CARRIED”
D - 11 Linda Rumble, Volunteer, Trillium Gift of Life Network, Volunteer, Durham
Region Organ and Tissue Donation Awareness Group and member of a
multiple organ and tissue donor family, requesting that the Municipal
Administrative Centre be lit green (the international colour for organ and
tissue donation awareness) in support of National Organ and Tissue Donor
Awareness Week, April 17 to 24, 2011, and providing background
information on her involvement with organ and tissue donation awareness
since 1994, including the passage of Federal Law proclaiming the last
week in April each year as “National Organ and Tissue Donor Awareness
Council Meeting Minutes - 17 - March 7, 2011
Week”, having the CN Tower and Niagara Falls lit green, her intention to
write to each provincial government to request that they light their
legislatures in green and advising of her hope to have a symbolic green
ribbon stretch from coast to coast in support of organ and tissue donation
awareness and recognition for all deceased and living organ and tissue
donors in Canada.
Resolution #C-115-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT the request from Linda Rumble to have the Municipal Administrative Building
be lit green in support of National Organ and Tissue Donor Awareness Week,
April 17 to 24, 2011, be referred to staff.
“CARRIED”
D - 12 Ron Beer, President, Young Songwriters’, an organization promoting
cultural unity in songwriting and performing for residents aged 14 years old
and up, forwarding a proposal to register a Regional Songwriters Circle
with Young Songwriters’ for Clarington; and requesting the use of a
municipal facility free of charge for participants to meet monthly. The
proposal also includes hosting Regional House Concerts for the
participants to perform in their communities, marketing of song circle and
events and participation in surveys to provide information and identify
strengths and weaknesses in songwriting to allow Young Songwriters’ to
assist in the advancement of the craft of songwriting, and requesting the
opportunity to meet to discuss their Youth Initiative.
Resolution #C-116-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT the request from Ron Beer, President, Young Songwriters’, with respect to a
youth initiative, be referred to the Firehouse Youth Services and to the Director of
Community Services for consideration.
“CARRIED”
Council Meeting Minutes - 18 - March 7, 2011
D - 13 Mayor Steve Pellegrini, Township of King, requesting Council to consider
th
contributing to the Oak Ridges Moraine Land Trust’s 10 Anniversary $1
Million Stewardship Campaign; indicating that the Oak Ridges Moraine
Land Trust, a citizen-based, charitable non-profit organization working on
behalf of the citizens in each of the moraine’s municipalities, negotiates
and encourages securement and stewardship efforts at a fraction of what
simple purchase fee would be, advising the Trust often incurs expenses of
$20,000 to $50,000 per property for survey, appraisal, legal and other fees,
even in pursuit of ‘donated’ properties; indicating that the campaign will
help the Oak Ridges Moraine Land Trust to support direct stewardship
activity on lands that the Trust owns, to encourage further investment from
other sources, and to allow the Trust to undertake a focused
communication and outreach program to aid in conservation and
protection; and, indicating that the Township of King has contributed
$3,000 to the early stages of the campaign to allow the work to continue.
Resolution #C-117-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the request from Mayor Steve Pellegrini, Township of King, with respect to a
th
contribution to the Oak Ridges Moraine Land Trust’s 10 Anniversary $1 Million
Stewardship Campaign, be received for information.
“CARRIED”
D - 14 Gord Lee forwarding a petition containing 104 names requesting Council to
reconsider the location of the new Newcastle Fire Hall on Rudell Road and
to have the Fire Hall built on the original property planned for this structure
– 3355 Highway #2, to address traffic safety of residents and decrease in
property values. The author has indicated that more petitions will be
collected and delivered to the municipality.
D - 15 Marion Saunders, President, Newcastle/Bond Head Ratepayers’
Association, indicating that the members of the Newcastle/Bond Head
Ratepayers’ Association are in support of the petitions Mr. Gord Lee has
collected focusing on the many safety issues associated with locating Fire
Station 2 on Rudell Road; and, advising that although they acknowledge
that a review of the issue could cause considerable delay and increase
costs, the membership has adopted the following resolution:
“THAT the Newcastle/Bond Head Ratepayers’ Association request Council
to review their decision to locate Fire Station 2 on Rudell Road”.
Council Meeting Minutes - 19 - March 7, 2011
Resolution #C-118-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT Correspondence Item D - 14 from Gord Lee and Correspondence Item D - 15
from Marion Saunders, President, Newcastle/Bond Head Ratepayers’ Association,
requesting Council to reconsider the location of the new Newcastle Fire Hall on
Rudell Road, be referred to Item # 1 of Unfinished Business.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report February 25,
2011.
Resolution #C-119-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT the General Purpose and Administration Committee Report of February 25,
2011 be approved.
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Partner v
Councillor Traill v
Councillor Woo v
Councillor Hooper v
Councillor Neal v
Councillor Novak v
Mayor Foster v
Resolution #C-120-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the General Purpose and Administration Committee Report of February 28,
2011 be approved, with the exception of Items #9 and #10.
“CARRIED”
Council Meeting Minutes - 20 - March 7, 2011
Councillor Neal declared a pecuniary interest with respect to Item #9 as he had
previously legally represented a delegate from the General Purpose and
Administration Committee meeting on this matter. Councillor Neal left the Council
Chambers during discussions and voting on this matter.
Item #9
Resolution #C-121-11
Moved by Councillor Novak, seconded by Councillor Woo
Part 1
THAT Report PSD-023-11 be received;
THAT FIT Fund Solar Corporation be advised that Clarington does not support
their current proposal for a Class 3 Solar Project in the Soper Creek valleylands
and that they be encouraged to meet with staff to consider alternate locations in
Clarington for a solar energy project or projects;
THAT the Central Lake Ontario Conservation Authority, FIT Fund Solar
Corporation and all interested parties listed in Report PSD-023-11 and any
delegations be advised of Council’s decision; and
Part 2
WHEREAS the Municipality of Clarington supports the responsible expansion
of renewable energy as a means of placing Ontario on a more sustainable path
for the future;
WHEREAS municipalities in the Greater Golden Horseshoe are subject to the
Growth Plan which encourages the efficient use of land and infrastructure and
greater densities;
WHEREAS unlike Class 1 and Class 2 solar installations, Class 3 ground-
mounted solar installations greater than 12 kW may require a significant land
area and would be contrary to the policies of The Provincial Growth Plan for the
efficient use of serviced land and the mandated density of development;
WHEREAS urban valleylands are key ecological features that need protection
from development and should be the focus of restoration efforts to enhance the
ecological attributes and value to the community as outdoor amenity areas,
particularly as communities are intensified;
Council Meeting Minutes - 21 - March 7, 2011
WHEREAS Regulation 359/09, as amended, provides for consideration of a
renewable energy project within natural heritage features, including within a
significant valleyland or within 120 m of a significant valleyland if supported by
mitigation measures in an environmental impact study prepared by the
proponent;
WHEREAS consideration of Class 3 solar facilities in urban valleylands will
provide an incentive for developers to retain valleyland areas and could limit
their dedication to municipalities as Open Space lands in the future;
NOW THEREFORE BE IT RESOLVED THAT the Minister of Energy, the
Minister of Natural Resources, the Renewable Energy Facilitation Office, FIT
Fund Solar Corporation, and CLOCA be advised that the Municipality of
Clarington does not support the consideration of Class 3 solar facilities in urban
valleyland areas; and
THAT this resolution be forwarded to all other municipalities in the Greater Golden
Horseshoe and M.P.P. John O’Toole.
“CARRIED”
Councillor Neal returned to the meeting.
Item #10
Resolution #C-122-11
Moved by Councillor Woo, seconded by Councillor Hooper
WHEREAS the Province of Ontario and the Government of Canada have gathered
research and prepared reports on fine particulate matter and its serious harm to
human health, but have not as of yet passed air regulations that focus on fine
particulate matter, evaluate ambient conditions together with new emissions, assess
the human and public health impacts of such emissions or limit cumulative
concentrations;
AND WHEREAS fine particulate matter PM2.5 is typically regulated by Provincial and
Federal governments, and within their mandated responsibilities;
AND WHEREAS the Province of Ontario in November of 2010 acknowledged that
there is a policy gap that needs to be examined with respect to domestic sources of
primary PM2.5;
AND WHEREAS the review the Ontario Ministry of Environment is proceeding with will
examine the effectiveness of the current provincial policy framework in addressing
PM2.5; other aspects such as cumulative effects are also under review. The results of
these reviews will take a minimum of fifteen (15 months);
Council Meeting Minutes - 22 - March 7, 2011
AND WHEREAS s.11(2) of the Municipal Act, 2001, as amended (“the Act”), permits
municipalities to pass by-laws respecting the health, safety and well-being of persons;
AND WHEREAS s.128 of the Act permits municipalities to prohibit and regulate with
respect to public nuisances, including matters that, in the opinion of council, are, or
could become, or cause public nuisances;
AND WHEREAS for Clarington to proceed with the drafting and implementation of an
Air Quality By-law under the Municipal Act, Council should be aware of:
?
The costs to retain a consultant to help develop guidance documents for
general assessment and air modeling prior to drafting a by-law,
?
The costs to determine a baseline, sources of emissions of health risk air
pollutants and an atmospheric dispersion model of the airshed,
?
Future budget implications including additional enforcement staffing, peer
reviewers, air quality modellers, potential education and outreach programs to
support by-law implementation and data management,
?
The potential implications on existing industries in Clarington and the potential
impact on economic development and the attraction of prospective
industries/employers; and
?
The potential duplication between a specific By-law and the Provincial Review
that is underway
NOW THERFORE BE IT RESOLVED THAT Staff be authorized to prepare a report
outlining the above noted items for presentation to the March 21, 2011 General
Purpose and Administration Committee meeting.
“CARRIED AS AMENDED LATER IN THE
MEETING”
(See Following Motion)
Resolution #C-123-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C-122-11 be amended to add the following bullet to
Paragraph 7:
?
“An estimate of generated revenue if the Municipality were to engage in the
trading of carbon credits”
“CARRIED”
Resolution #C-122-11 was then put to a vote and CARRIED AS AMENDED.
Council Meeting Minutes - 23 - March 7, 2011
STAFF REPORT(S)
Report PSD-024-11 – Durham/York Residual Waste Project Analysis of Host
Community Agreement Role in the EA Approval for the EFW Project
Resolution #C-124-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT Report PSD-024-11 be received; and
THAT all interested parties listed in Report PSD-024-11 and any delegations be
advised of Council’s decision.
“CARRIED LATER IN THE MEETING”
(See Following Motion)
Resolution #C-125-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C-124-11 be tabled to the General Purpose and
Administration Committee meeting of March 21, 2011.
“MOTION LOST”
Resolution #C-124-11 was then put to a vote and CARRIED.
Staff Report #4 - Confidential Verbal Report of the Chief Administrative Officer
regarding a Personnel Matter was withdrawn from the Agenda.
Confidential Verbal Report of the Municipal Solicitor regarding Host Community
Agreement
Confidential Verbal Report of the Chief Administrative Officer regarding Fire Fighters
Association, Local 3139 Negotiations
Resolution #C-126-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Staff Report #2 - Confidential Verbal Report of the Municipal Solicitor regarding
Host Community Agreement and Staff Report #3 - Confidential Verbal Report of the
Chief Administrative Officer regarding Fire Fighters’ Association, Local 3139
Negotiations, be referred to a closed session of Council to be considered at the end of
the Agenda.
“CARRIED”
Council Meeting Minutes - 24 - March 7, 2011
Resolution #C-127-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Staff Report #4 - Confidential Verbal Report of the Chief Administrative Officer
regarding a Personnel Matter be reintroduced to the Agenda and considered during
the closed session.
“CARRIED”
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-128-11
Moved by Councillor Neal, seconded by Councillor Traill
“WHEREAS s. 11(2) of the Municipal Act, 2001, as amended (“the Act”), permits
municipalities to pass by-laws respecting the health, safety and well-being of persons;
WHEREAS s. 128 of the Act permits municipalities to prohibit and regulate with
respect to public nuisances, including matters that, in the opinion of council, are or
could become or cause public nuisances;
WHEREAS the Province of Ontario and the Government of Canada have gathered
research and prepared reports on fine particulate matter and its serious harm to
human health, but have not passed air regulations that focus on fine particulate
matter, evaluate together ambient conditions and new emissions, assess the human
and public health impacts of such conditions, or limit cumulative concentrations; and
WHEREAS the Corporation of the Municipality of Clarington considers it appropriate
and in the public interest to prevent or reduce adverse effects to its residents and
public health due to fine particulate matter in the Municipality of Clarington;
NOW THEREFORE BE IT RESOLVED THAT:
1. Staff be authorized to retain consultants and experts to help develop guidance
documents for general assessment and air modeling; and
2. Staff be directed to, in consultation with the general public, draft a by-law with
respect to the regulation of fine particulate matter.”
“TABLED”
(See Following Motion)
Council Meeting Minutes - 25 - March 7, 2011
Resolution #C-129-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-128-11 be tabled to the Council meeting of
March 28, 2011.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-130-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Report ESD-003-11 be lifted from the table.
“CARRIED”
Resolution #C-131-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT Report ESD-003-11 be referred back to staff to prepare a report on the
cost/benefit analysis of constructing the fire station at 3355 Highway No. 2 versus
1780 Rudell Road.
“MOTION LOST”
Resolution #C-132-11
Moved by Councillor Woo, seconded by Councillor Partner
WHEREAS residents of the Village of Newcastle have gathered petitions to reconsider
the location of the new Newcastle Fire Hall on Rudell Rd. citing traffic safety of the
residents and decrease in property values;
WHEREAS the Newcastle/Bond Head Ratepayers’ Association support the petition
and the membership has requested Council to review their decision to locate Fire
Station 2 on Rudell Road;
THEREFORE Report ESD-003-11 be referred back to staff for preparation of a report
addressing the following matters:
1. The cost implications of constructing the fire station at 3355 Highway No. 2
versus 1780 Rudell Road;
Council Meeting Minutes - 26 - March 7, 2011
2. A traffic study on Rudell Road to determine the viability of locating a fire station
at the 1780 Rudell Road site; and
3. Possible construction timelines for both locations.
THAT this Report be prepared for the G. P. & A. Meeting of September 12, 2011.
“CARRIED”
BY-LAWS
By-laws 2011-026 and 2011-027 were received as Hand-Outs.
Resolution #C-133-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2011-018 to 2011-027
2011-018 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Kingsberry Properties)
2011-019 Being a by-law to authorize entering into an Agreement with the
Owner(s) of the Draft Plan of Subdivision 18T-90003, any
Mortgagee who has an interest in the said Lands, and the
Municipality of Clarington, in respect of 18T-90003
2011-020 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (William
Tonno Construction Ltd.)
2011-021 Being a by-law to authorize entering into an Agreement with the
Owner(s) of the Draft Plan of Subdivision 18T-89055, any
Mortgagee who has an interest in the said Lands, and the
Municipality of Clarington, in respect of 18T-89055
2011-022 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(Halminen Homes)
2011-023 Being a by-law to exempt a certain portion of Registered Plan 40M-
2364 from Part Lot Control
2011-024 Being a by-law to amend Zoning By-law 84-63 of the Corporation of
the Municipality of Clarington (1557366 Ontario Inc.)
Council Meeting Minutes - 27 - March 7, 2011
2011-025 Being a by-law to amend By-law 2007-070 being a by-law for
prescribing standards for the maintenance of all property within the
Municipality of Clarington
2011-026 Being a by-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Sandra Hunt-Mimra) (120, 124, 128,
132 and 136 Aspen Springs Drive)
2011-027 Being a by-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Eric Chase) (47 Liberty Street South);
and
THAT the said by-laws be approved.
“CARRIED”
NOTICE OF MOTION
Councillor Traill and Councillor Neal gave notice that they will be introducing the
following motion at the next Council meeting:
WHEREAS the Municipal Act, 2001 and other statutes identify general and specific
roles, responsibilities, actions and behaviours as a Member of Council for the
Corporation of the Municipality of Clarington;
WHEREAS the Council of the Corporation of the Municipality of Clarington has
approved an Employee Code of Ethics policy governing the conduct of Municipality of
Clarington employees;
WHEREAS the Council of the Corporation of the Municipality of Clarington has
determined the need to identify guidelines on the conduct of individual Members of
Council in carrying out their official duties that augment the roles, responsibilities,
action and behaviors determined by various statutes;
WHEREAS the Council of the Corporation of the Municipality of Clarington has
approved under By-law 2009-163 a rudimentary Code of Conduct for members of
council;
AND WHEREAS the Council of the Corporation of the Municipality of Clarington finds
it appropriate to develop a more comprehensive, simply-worded instrument to
communicate general standards of conduct to Members of Council and the general
public.
NOW THEREFORE, the Council of the Corporation of the Municipality of Clarington
enacts as follows:
1. That By-law 2009-163 be rescinded; and
Council Meeting Minutes - 28 - March 7, 2011
2. That the CAO by directed to draft a replacement Code of Conduct for Clarington
Council Members modeled closely on the Corporation of the Town of Ajax’s By-law
Number 89-2004 establishing a Council Member Code of Conduct.
OTHER BUSINESS
Councillor Traill advised that she has received a letter from the Durham Region
Labour Council regarding a Day of Mourning and that she will be approaching
leaders for organizing a Day of Mourning in Clarington.
Councillor Hooper requested that Clarington’s Regional Council representatives
extend appreciation to everyone involved in hosting the Durham Waste Fair on
Saturday and to stress the importance of communicating the strength of the
Region’s waste management initiatives.
Resolution #C-134-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 9:17 p.m.
Resolution #C-135-11
Moved by Councillor Woo, 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 receiving advice that is subject to solicitor-client
privilege, including communications necessary for that purpose, to consider a matter
regarding labour relations or employee negotiations and to consider a personal matter
about an identifiable individual, including municipal or local board employees.
“CARRIED”
The meeting resumed in open session at 10:35 p.m.
The Mayor advised that three items were discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Council Meeting Minutes - 29 - March 7, 2011
UNFINISHED BUSINESS (cont’d)
Resolution #C-136-11
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the presentation of Zas Architects Inc. of February 7, 2011 be received, and
THAT the architectural design for the Newcastle Fire Hall Station #2, as presented by
th
Zas Architects Inc. on February 7 to the General Purpose and Administration
Committee, be approved.
“CARRIED”
Staff Report #4
Councillor Novak questioned the Chief Administrative Officer as to the amount
spent dealing with the confidential personnel matter and where the funds would
be found. The Chief Administrative Officer indicated that the cost of
approximately $7,000 will be taken from the Human Resources Division and an
attempt will be made to save this amount in other areas.
Councillor Neal stated a pecuniary interest earlier in the meeting, refrained from voting
on the Confirming By-law and left the meeting.
CONFIRMING BY-LAW
Resolution #C-137-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2011-028, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 7 day of March, 2011; and
THAT the said by-law be approved.
“CARRIED”
Council Meeting Minutes - 30 - March 7, 2011
ADJOURNMENT
Resolution #C-138-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the meeting adjourn at 10:45 p.m.
"CARRIED"
MA CIP CLERK