HomeMy WebLinkAbout03/28/2011
Council Meeting Minutes
MARCH 28, 2011
Minutes of a regular meeting of Council held on March 28, 2011 at 7:00 p.m., in the
Council Chambers.
Councillor Woo 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 Acting Chief Administrative Officer and Director of Corporate
Present: Services and Human Resources, M. Marano
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana, attended
until 10:32 p.m.
Manager of Communication and Marketing, J. Cooke, attended
until 7:25 p.m.
Director of Planning Services, D. Crome
Director of Operations, F. Horvath, attended until 10:29 p.m.
Director of Finance/Treasurer, N. Taylor, attended until
10:29 p.m.
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming,
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Hooper indicated that he would be declaring a pecuniary interest with
respect to Item #9 of Report #1 and By-law 2011-034.
Later in the meeting, Councillor Neal declared a pecuniary interest with respect to
Item #12 of Report #1.
ANNOUNCEMENTS
Councillor Hooper announced the following:
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There were two educational seminars on the Energy-From-Waste Facility held
last week, one session hosted by residentsand the other hosted by the Region
Council Meeting Minutes - 2 - March 28, 2011
of Durham who provided a thorough presentation on the project.
Councillor Hooper expressed appreciation to the organizers and to Regional
Council representatives who spent ten hours at the session on Friday which
provided lots of information for new Members of Council.
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He attended the Annual General Meeting of the Clarington Older Adult
Association. The Association now has a membership of 1480. Councillor
Hooper extended congratulations to the new Board members – Don Welch,
Steve Coles, Murial Moynes, Irene Gourley, Josie Roberts, Malcolm McComb,
Linda Duffie, Fred Tippins, Peggy Milliken and Norma Evans.
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He extended congratulations to the Clarington Atom AAA hockey team, winners
of the Ontario Minor Hockey Association championship who will be hosting the
Ontario Hockey Federation championship tournament next month. Two other
Clarington teams, the Peewee AAA and Novice AAA also made it to the semi-
finals.
Councillor Novak announced the following:
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She attended the Joint Review Panel (JRP) Hearing for OPG’s Darlington New
Nuclear Power Plant projectand thanked Mayor Foster and senior staff for
Clarington’s presentation.
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She attended the Durham Strategic Energy Alliance Meeting, spoke at the
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Rotary Club of Bowmanville’s meeting on March 22 and represented the
Municipality at the Durham Home Builders’ Association Dinner, also on
March 22, 2011.
Councillor Woo announced the following:
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The Newcastle Historical Society is holding its first fundraiser for the Victorian
Garden project on April 17, 2011. The tribute band “Hotel California” will be
playing at the Newcastle Town Hall. There will be an announcement regarding
the project at the event.
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“Pitch-In Week” will be held April 18 to 24, 2011. Councillor Woo encouraged
all residents of Clarington to get involved in cleaning up the environment. Free
garbage bags will be provided and interested individuals/groups were
requested to contact the Operations Department for locations.
Mayor Foster announced the following:
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An open house regarding communication towers will be held on April 17, 2011,
at the Newcastle Town Hall between 6:30 p.m. and 7:30 p.m.
?
He expressed appreciation to staff for the presentation to the CNSC Panel in
putting forth the Municipality’s concerns and comments.
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He issued an apology to Libby Racansky as he had mistakenly warned her for
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speaking out during Council’s proceedings at the March 7 meeting.
Council Meeting Minutes - 3 - March 28, 2011
Resolution #C-146-11
Moved by Councillor Neal, seconded by Councillor Partner
THAT the minutes of a regular meeting of Council held March 7, 2011, be approved.
“CARRIED”
Resolution #C-147-11
Moved by Councillor Partner, seconded by Councillor Novak
THAT the minutes of a special meeting of Council held March 10, 2011, be approved
with an addition to Page 3 to reflect the request for statistical information on calls
answered and an explanation of the “response staffing benchmark” being disabled as
part of the direction to the Director of Emergency Services/Fire Chief.
“CARRIED”
PRESENTATIONS
Foster Loucks, Chair, Central East Local Health Integration Network, addressed
Council to present an overview of the current Central East Local Health Care System.
Mr. Loucks stated there are 14 Local Health Integration Networks (LHINs) in Ontario
with the Central East LHIN being the sixth largest by geography, extending from
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Scarborough to Haliburton and the 2 largest by population, serving 1.6 million
residents. The Central East LHIN is a mix of urban and rural geography with a rich
diversity of community values, ethnicity, language and socio-demographic
characteristics. Through use of a PowerPoint presentation, Mr. Loucks reviewed the
purpose of the Local Health System Integration Act, which establishes the framework
for the operation. He noted that the 14 LHINs are responsible for managing $20
billion of provincial funding for health care expenditures and they have jurisdiction over
public and private hospitals, long-term care homes, community care access centres,
community mental health and addiction, community health centres, and community
support and service agencies. Mr. Loucks indicated the Central East LHIN’s main
office is located in Ajax and that they oversee 10 hospitals on 16 sites, 70 long-term
care facilities, one community care access centre, and a large number of community
support systems. Mr. Loucks reviewed funding allocations by sector, indicating that of
the $20 billion, the Central East LHIN has a total allocation of nearly $2 billion, with the
largest portion allocated to funding of hospitals, followed by long-term care and then
community care access centre. He noted the mandate and functions of the LHIN
starts with community engagement, moves forward having consulted with the
community to local system planning, then to funding and allocation and then to
accountability and performance of all the health services providers. This is achieved
by developing an Integrated Health Service Plan, a strategic plan that the LHIN feels
is in order to achieve their goals through a system of accountability agreements.
Council Meeting Minutes - 4 - March 28, 2011
Mr. Loucks stated community engagement is the foundation of all activity at the
Central East LHIN and is about talking to people and establishing the opportunity for
change. The LHIN is attempting to get different health services providers to pull
together to achieve a more integrated system. He highlighted accomplishments since
2006.
Mr. Loucks summarized by stating that in the time that the Central East LHIN has
been in existence they believe that they have had an effect on the Health Care
System and that over time they are seeing the different providers working more
cooperatively and collaboratively. He indicated that the Central East LHIN has had a
great deal of cooperation from providers and municipal levels of government and that
appearing before Council tonight is part of their effort to convey to Council what the
LHIN is about and to provide a quick snapshot of what the LHIN does. Mr. Loucks
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encouraged Members of Council to attend the Central East LHIN’s 5 Annual
Symposium - “Reaching the Quality Summit”, to be held May 31, 2011, at the Ajax
Convention Centre.
Resolution #C-148-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Foster Loucks, Chair, Central East Local Health Integration Network, be
thanked for his presentation.
“CARRIED”
Mayor Foster presented a Certificate of Recognition to Sandra McBride and
Dr. Wendy Korver, of the Bowmanville Veterinary Clinic in recognition of the Clinic
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being voted Canada’s “Clinic of the Yearby "Tech News" a Canada-wide journal
published by the Ontario Association of Veterinary Technicians. The competition
judges on the basis of exemplary patient care, progressive medicine, excellent client
communication, as well as contributions to the community. Mayor Foster stated the
Bowmanville Veterinary Clinic is a keen ambassador of the human/animal bond and
thanked the Clinic for the programs they have conducted including the Junior Vet
Program and their participation in community events.
DELEGATIONS
Pam Callus addressed Council concerning Item 10 of Report #1 - Hard Copies of
Certificate of Approval Documents for the Energy-From-Waste Facility. Ms. Callus
requested a hard copy of the Certificate of Approval documents for her own perusal
but noted that she would be willing to share the documents with others. Ms. Callus
stated the documents are large and are not without expense to replicate. She is
concerned with the details of the document and feels that making copies available at
the Library only is unworkable. She acknowledged that she has been provided with a
CD but noted the difficulty in going through the documents on screen with having to
flip back and forth to access information. Ms. Callus also stated that she shares a
Council Meeting Minutes - 5 - March 28, 2011
laptop with her husband and when she is using the laptop, it is not available to him.
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Ms. Callus reminded Mayor Foster that on March 5, he had commended community
activists regarding their efforts concerning Energy-From-Waste and she encouraged
Council to reconsider their decision not to provide a hard copy of the documents.
Providing copies would allow them to continue their work.
Sherry Ibbotson addressed Council concerning Staff Report #2 - Morgan’s Road,
speaking on behalf of the Clarington Citizens for Clean Water and Soil with respect to
the dumping of fill at 4148 Highway 2. Ms. Ibbotson stated she resides on Morgan’s
Road just beyond the exit gate of the fill site. Ms. Ibbotson distributed a map of the
area to Members of Council. She indicated Permit #1089 was issued by the
Ganaraska Regional Conservation Authority and was reviewed by the Authority but
Ms. Ibbotson stated they acknowledged that no testing of soil was conducted on the
site previous to the dumping of fill. Ms. Ibbotson stated the group would like to be
made aware of the Authority’s protocols, what conditions were considered, and if the
Authority or the Ministry of the Environment are regularly conducting soil tests, taking
water samples for PCV’s phenols, known pathogens and carcinogenics. She feels
that urgent appeals need to be made to the Ministry and the Conservation Authority to
address the unacceptable threat to the health of Clarington residents, future
generations and also the wildlife habitat. The group also feels that the Ministry needs
to enforce monitoring to restrict contamination. They would also like to ask who is the
Independent Qualified Person required to monitor dumping activities and conduct
environmental site assessment, they would like the Ministry to conduct testing of
nearby drinking water wells and are requesting that the Municipality contact the
Township of Scugog to determine what was relevant and effective in achieving the
temporary injunction they acquired for the dumping site in that municipality. She also
stated that municipalities need to enact by-laws and zoning regulations that will
effectively prohibit these kinds of operations and is requesting information as to
whether a Record of Site Condition was completed or why there was no public
consultation regarding the application. They are requesting ongoing dialogue
between the municipality and Clarington residents. Ms. Ibbotson submitted a petition
in opposition to untested soil being dumped in an Agricultural/Green Belt reserved
area.
Resolution #C-149-11
Moved by Councillor Partner, seconded by Councillor Woo
THAT the owner of the property at 4148 Highway 2 (1744856 Ontario Inc.) be
requested to give Clarington and GRCA permission to take:
(a) Shallow groundwater samples down gradient of the fill material and wetlands to
establish background water quality concentrations for use in evaluating future
groundwater impacts;
(b) Random soil samples at times/locations of their choosing, with reasonable notice
to the owner so that its consultant can be present;
Council Meeting Minutes - 6 - March 28, 2011
THAT the owner of the property (1744856 Ontario Inc.) be requested to keep and
make available for inspection upon request by Clarington a log of every truck that
dumps materials onto the property which identifies the source of the materials
deposited on the property; and
THAT the owner be required to enter into an agreement with Clarington to address
issues with respect to the damage caused to Morgans Road by the trucks leaving the
property.”
“CARRIED”
Wendy Bracken addressed Council concerning Item 8 of Report #1 - Review of
Region of Durham’s Application for Certificate of Approval for Energy-From-Waste
Facility. Through use of a PowerPoint presentation, Ms. Bracken expressed concern
with the emissions from the incinerator. She indicated that NO, PM, ammonia,
22.5
carbon monoxide and SO, have acute and chronic effects, that heavy metals such as
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mercury, cadmium, lead, nickel, arsenic, as well as dioxins/furans and other
carcinogens accumulate and persist in humans and the environment and that 138,000
tonnes of greenhouse gases will be emitted. Ms. Bracken stated the area is already
burdened with respiratory irritants and that PM is a harmful pollutant of less than
2.5
one millionth of a metre, able to penetrate into the lungs and bloodstream and travel
through the body causing cardiac and respiratory illness. She noted that the levels of
3
PM in Courtice are marginally below the 30µg/m Canada Wide Standard. She
2.5
3
indicated that 30µg/m is not a health-based standard and that our PMlevels are too
2.5
high and that they have set 30 as their goal. Ms. Bracken highlighted concerns with
how the consultants assessed risk for key pollutants. Ms. Bracken stated since PM
2.5
is a non-threshold pollutant, it should not have been evaluated as it was. It is not a
pollutant which can be elevated such that it can accumulate to some level before it
becomes toxic, that if the concentration level is one or greater the toxicity level has
been reached. She expressed concern that despite Health Canada being very critical
of the PMlevels, the Project Team did not recommend or feel that additional
2.5
mitigation measures were required. Ms. Bracken indicated that nitrogen dioxide levels
are higher in Clarington than in Hamilton because of St. Marys Cement and that the
risk was identified for it in the baseline cases without adding incineration.
Ms. Bracken urged Council to conduct a peer review of the Certificate of Approval
application to include an evaluation of the consistency of the approved Environmental
Assessment with the Certificate of Approval application particularly with regard to
emissions, definition of operating scenarios, the evaluation of risk for PM as a non-
2.5
threshold pollutant and for NO and other respiratory irritants and the Health Canada
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Review comments.
Council Meeting Minutes - 7 - March 28, 2011
Wendy Bracken addressed Council concerning Item 10 of Report #1 - Hard Copies of
Certificate of Approval Documents for the Energy-From-Waste Facility. She
expressed concern that Members of Council are not aware of the work involved in
reviewing these documents. She stated that it would have been impossible for
interested parties to conduct the reviews they have done working from electronic
copies. Ms. Bracken stated she has previously written to Council requesting that
copies be provided to citizens who have have done a lot of work on this. She stated
she was dismayed by last week’s decision and that she is conducting this review for
no personal reason other than the protection of her friends, family and community.
Ms. Bracken stated there is information that is not being put forward by the Region’s
consultants and is not being made clear to Council. Ms. Bracken thanked Members of
Council who attended the Council Information session last week. She stated access
to information is key to democracy; she feels this is a fair request and urged Council to
provide the information.
Resolution #C-150-11
Moved by Councillor Woo, seconded by Councillor Partner
WHEREAS three hard copies of the Certificate of Approval documents were made
available by Durham Region to the three local community groups, DurhamCLEAR,
Durham Environmental Watch and Zero Waste 4 Zero Burning, the Minister named to
the EFW Advisory Committee;
THAT a hard copy of the Certificate of Approval documents is available for review in
the Clarington Public Library Bowmanville Branch;
THAT copies of the Certificate of Approval documents or excerpts be provided upon
request in accordance with the photocopy fees as prescribed in By-law 2010-142;
THAT electronic copies CD’s be made available for free upon request through the
Municipal Clerk’s Department; and
THAT one hard copy of the Certificate of Approval documents be made available for a
member of the public residing in Clarington on a first come first serve basis.
“CARRIED AS AMENDED LATER IN THE
MEETING”
(See Following Motion)
Resolution #C-151-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the foregoing Resolution #C-150-11 be amended by deleting the last paragraph
and replacing it with the following:
Council Meeting Minutes - 8 - March 28, 2011
“THAT two hard copies of the Certificate of Approval documents be made
available in the Municipal Clerk’s Department for interested parties to sign out for
two week periods.”
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Traill v
Councillor Woo v
Councillor Hooper v
Councillor Neal v
Councillor Novak v
Councillor Partner v
Mayor Foster v
Resolution #C-150-11 was then put to a vote and CARRIED AS AMENDED.
Henk Mulders addressed Council concerning Item 13 of Report #1 - Building Permit
and Inspection Fee Amendments and New Building By-Law. Mr. Mulders indicated
that he is the owner and operator of Link Greenhouses north of Bowmanville and he is
also speaking on behalf of Witzke Greenhouses and Rekker Garden Greenhouses to
bring attention to the financial impact the proposed increase will have on greenhouse
construction. Mr. Mulders indicated ten to fifteen years ago a building permit for a one
acre greenhouse would have been approximately $1,000. At the current rate of $2.27,
a one acre greenhouse permit would cost $9,189.65 and the proposed increase to
$2.64 will increase the cost by $1,497.87. He also expressed concern with the
proposed 3% annual automatic increase. Mr. Mulders stated at peak times Witzke’s,
Rekker and Link Greenhouses employ approximately 200 people noting most
employees reside in Clarington and that these businesses are major contributors to
the local economy. He expressed concern that their input costs are rising and the
return per unit has gone down or has remained the same requiring them to keep
expanding to maintain a certain level of income. Mr. Mulders acknowledged the need
to charge building permit fees but noted that the work involved to issue a permit is
almost the same as ½ acre greenhouse project and that greenhouses should not be
under the same umbrella as livestock barns and other farm buildings. Mr. Mulders
requested that greenhouses be capped at a maximum building permit fee.
Council Meeting Minutes - 9 - March 28, 2011
Item #13
Resolution #C-152-11
Moved by Councillor Partner, seconded by Councillor Traill
THAT Report EGD-011-11 be received;
THAT the Building By-law be revised to reflect the changes necessitated by the new
provisions of the Building Code;
THAT the building permit fee and inspection fee structure as detailed in the new
Building By-law be approved;
THAT the Building By-law be revised to include the annual indexing percentage of 3%,
st
effective January 1 each year;
THAT the new Building By-law be effective April 4, 2011;
THAT the Building By-law attached to Report EGD-011-11 as Attachment 1, be
approved, with an amendment to Schedule B, Part B by adding the words “maximum
$5,000” beside the “Farm Buildings” fees under the Building Classification; and
THAT all recorded interested parties be notified of Council’s decision.
“CARRIED”
Resolution #C-153-11
Moved by Councillor Traill, seconded by Councillor Partner
THAT Council recess for fifteen minutes.
“CARRIED”
The meeting reconvened at 9:26 p.m.
COMMUNICATIONS
Resolution #C-154-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 6, I - 9, and I - 11.
“CARRIED”
Council Meeting Minutes - 10 - March 28, 2011
I - 1 Minutes of the Durham Nuclear Health Committee (DNHC) dated
January 14, 2011
I - 2 Minutes of the Newcastle Memorial Arena Management Board dated
February 8, 2011
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated March 8, 2011
I - 4 Minutes of the Central Lake Ontario Conservation Authority dated March
15, 2011
I - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on February 16, 2011, the Region of Durham received for
information Council’s correspondence dated February 2, 2011, regarding
the Durham York Residual Waste Project Energy-From-Waste Advisory
Committee.
I - 7 Clifford Curtis, Commissioner of Works, Regional Municipality of Durham
and Erin M. Mahoney, Commissioner of Environmental Services, Regional
Municipality of York, writing to all Members of Regional Council and
Municipal Clerks in the Regional Municipalities of Durham and York,
advising that the Regions of Durham and York and the contractor,
Covanta Energy Corporation have now finalized the Certificate of
Approval (C of A) application process for the Durham/York Energy-From-
Waste Project; indicating that the C of A applications must reflect the
Environmental Assessment (EA) Conditions of Approval requirements, the
project Agreement details and the various components of York and
Durham’s integrated waste management system and that the application
for the Air and Noise C of A specifically reflects the direction to establish
emission requirements that use the most restrictive limits published in the
Ontario A7 guidelines or the EU air emission standards; advising that the
Regions and their technical consultants undertook a review of the C of A
applications and are satisfied that they are consistent with the Project
Agreement, EA Conditions of Approval and the respective integrated
waste management systems; indicating that the submitted C of A
applications have been posted to the project website at
www.durhamyorkwaste.ca; and that a presentation on the C of A
applications to the Energy-From-Waste Advisory Committee will be
scheduled for early April, 2011; that the Regions and Covanta will
communicate the details of the C of A applications at various public
events and will also communicate the details to local Municipal Councils
and environmental groups on an as-requested basis. It is anticipated that
C of A approval may be received as early as May 2011 and upon
approval and issuance, the design and construction phase of the project
will commence.
Council Meeting Minutes - 11 - March 28, 2011
I - 8 John R. O’Toole, MPP, Durham, forwarding a copy of the Official Report
of Debates (Hansard) for the Legislative Assembly of Ontario on February
24, 2011 recording his comments with respect to completing the Highway
407 extension as promised; indicating that he shares Council’s concerns
regarding the economic and social consequences of building the highway
extension in phases; and, advising of the importance of working together
on this issue, of holding the government accountable for its decision and
to working towards having the 407 extended the entire way to Highway
35/115.
I - 10 John R. O’Toole, MPP, Durham, writing to the Honourable
Jim Flaherty, MP, Minister of Finance, forwarding a copy of Council’s
correspondence in support for the expansion of the capital gains tax
exemption to include gifts of private company shares and real estate to
charitable organizations and requesting the Minister to consider this
request in connection with the Federal budget and with future measures
that will give additional incentives to Canadians making donations to the
charity of their choice.
I - 12 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on March 9, 2011, Regional Council adopted a resolution
pertaining to the 2011 Annual Solid Waste Management Servicing and
Financing Study.
I - 13 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on March 9, 2011, Regional Council adopted the following
resolution pertaining to Long Term Strategic Property Tax Plan for the
Region of Durham: 2011 Update:
“a) THAT for the 2011 property taxation year, the municipal property tax
ratios for the occupied property tax classes for the Regional
Municipality of Durham remain unchanged from the 2010 levels, as
follows:
Multi-Residential 1.8665
Commercial Residual , Shopping Centre and Office 1.4500
Building
Industrial Residual and Large Industrial 2.2598
Pipelines 1.2294
Farmland 0.2000
Managed Forests 0.2500
b) THAT the Minister of Finance be requested to make the following
changes to Provincial legislation and associated regulations relating
to Current Value Assessment (CVA) Taxation Policy in order to
achieve greater fairness and equity:
Council Meeting Minutes - 12 - March 28, 2011
i) Provincial Statutory Rates that Determine Municipal Payments
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In light of a recent Supreme Court of Canada decision that
found municipal payments from federal government properties
‘must be based on the system that actually exists at the place
where the property in question is located,’ and in keeping with
the May 25, 2010 resolution from the Kingston City Council
(SC #53), the Province, in consultation with the municipal
sector, review and update the current statutory rates on the
following property types and institute a process by which these
rates are automatically updated in the future:
(a) Hospitals, Prisons, Post Secondary Education Institutions
(Heads & Beds – last updated in 1987);
(b) Railway/Hydro Right of Ways (Linear Properties – last
updated in 1998);
(c) Nuclear Generating Facilities (last updated in 1968);
ii) Farmland
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The Province match the municipal tax ratio reductions (20%)
on the Farmland property tax class by reducing the
Provincial Education Taxation Rate for this property tax
class as a means to assist the farming community.
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Regional Council endorse SC#91 from the United Counties
of Stormont, Dundas and Glengary requesting that the
Province reimburse municipalities for lost property taxes
resulting from the 1998 downloading of the Farmland Rebate
program and the resultant lowering of the farmland ratio;
iii) Assessment Appeals
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In light of numerous and continuous large property
assessment appeals that have and continue to have the
potential to negatively impact the Regional assessment base
which in turn affects all Regional taxpayers, and in keeping
with the Region’s responsibilities for setting Region-wide
property tax policy, the Province revise the Assessment Act
to include upper tier municipalities in the assessment appeal
process;
Council Meeting Minutes - 13 - March 28, 2011
iv) Municipal Capital Facilities
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The Province amend Section 110 of the Municipal Act, 2001
in order to permit a municipality in a two-tiered municipal
structure the option to exempt a municipal capital facility
from full or partial portion of only its share of the property
taxes, as it pertains to such a facility;
v) Municipal Consultations
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Prior to legislating any further changes to current value
assessment and/or property taxation policy, the Province
complete a Province-wide property-by-property impact
analysis and municipalities be both consulted and advised of
the potential impacts;
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Any future changes to the current value assessment and/or
property taxation policy by the province be conducted over a
reasonable time-frame to ensure municipalities and
taxpayers are consulted and prepared for the
implementation in a well-informed and proactive manner;
vi) Assessment and Taxation of ‘Green Initiatives’
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Since the trends toward ‘Green Initiatives’ are anticipated to
accelerate significantly, the Province review its current
assessment policy on potential ‘Green’ improvements to
property in consultation with the municipal sector;
c) THAT all correspondence regarding property taxation and
assessment issues be received for information including:
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SC#37 from the City of Ottawa concerning a ‘fair’ municipal ratio
for the Multi-Residential property class;
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SC#42 from the Town of Markham concerning a new property
class for condominiums;
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SC#7 from the Town of Whitby requesting the Region match their
enhanced Heritage Property Tax Reduction program; and
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SC#53 from the City of Kingston concerning Provincial payment-
in-lieu of taxes (PILs), including Heads & Beds;
d) THAT the requisite by-laws for the Long Term Strategic Property Tax
Plan: 2011 Update be prepared by the Regional Solicitor; and
Council Meeting Minutes - 14 - March 28, 2011
e) THAT a copy of Report #2011-F-11 be forwarded to the Province, the
Region’s eight local area municipalities and the various municipal
associations.”
I - 14 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
Hubert Schillings, Chair, Durham Agricultural Advisory Committee,
advising that on March 9, 2011, Regional Council adopted the following
resolution pertaining to Durham Agricultural Advisory Committee (DAAC)
2010 Annual Report and 2011 Workplan:
“a) THAT Report #2011-P-16 of the Commissioner of Planning be
received as the Durham Agricultural Advisory Committee’s annual
report on its activities in 2010;
b) THAT the 2011 Durham Agricultural Advisory Committee Workplan,
outlined in Attachment 1 to Report #2011-P-16, be approved; and
c) THAT a copy of Report #2011-P-16 be forwarded to the Durham
Agricultural Advisory Committee, the Durham Federation of
Agriculture, the GTA Agricultural Action Committee, and the area
municipalities.”
I - 15 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
David Middleton, Chair, Durham Environmental Advisory Committee,
advising that on March 9, 2011, Regional Council adopted the following
resolution pertaining to Durham Environmental Advisory Committee
(DEAC) 2010 Annual Report and 2011 Workplan:
“a) THAT Report #2011-P-17 of the Commissioner of Planning be
received as the Durham Environmental Advisory Committee’s annual
report on its activities in 2010;
b) THAT the 2011 Durham Environmental Advisory Committee
Workplan, outlined in Attachment 1 to Report #2011-P-17, be
approved; and
c) THAT a copy of Report #2011-P-17 be forwarded to the Durham
Environmental Advisory Committee and the area municipalities.”
Council Meeting Minutes - 15 - March 28, 2011
I - 6 Barbara North, Director, Spay Neuter Durham, advising Spay Neuter
Durham, is a registered not-for-profit corporation whose goal is to
establish a permanent high volume spay neuter clinic providing services
to unaltered dogs and cats; providing statistics on the reproductive cycles
of dogs and cats and the problems of overpopulation caused by
irresponsible owners, or those who do not have the financial ability to pay
rising veterinary costs; indicating the organization would like to work
closely with all municipalities, animal oriented organizations and the public
to address this problem; and, welcoming input from anyone who has an
interest in helping Spay Neuter Durham in any capacity. Further
information is available by telephone at 905-728-6943 or e-mail at
barbnorth@sympatico.ca.
Resolution #C-155-11
Moved by Councillor Traill, seconded by Councillor Partner
THAT Correspondence Item I - 6 from Barbara North, Director, Spay Neuter
Durham, with respect to a permanent high volume spay neuter clinic, be referred to
staff.
“CARRIED”
I - 9 Mary Medeiros, Acting City Clerk, City of Oshawa, writing to the
Honourable Dalton McGuinty, Premier of Ontario, advising that on March
3, 2011, the City of Oshawa adopted the following resolution pertaining to
the Highway 407 East Extension:
“Whereas Infrastructure Ontario has indicated its interest to qualify project
teams who will design, build, finance and maintain the east extension of
Hwy 407; and
Whereas the extension of Hwy 407 eastward from Brock Road in
Pickering to Hwy 35/115, as originally agreed with the federal government
in the FLOW Agreement dated March 2, 2007 is to be completed in one
continuous phase; and
Whereas the Province has recognized the importance of completing the
407 Hwy east extension all the way to Hwy 35/115 as being critical to
advance economic development and create jobs for all of southern
Ontario thereby ensuring that Ontario businesses can compete on the
world stage; and
Whereas the Province has stated that due to financial constraints it must
phase the construction of the 407 extension;
Council Meeting Minutes - 16 - March 28, 2011
Therefore, be it resolved that the Province be requested to immediately
proceed with the continuous construction of the 407 extension from Brock
Road in Pickering to Hwy 35/115 through the issue of a RFP based on a
Public Private Partnership (P3) where the Province would retain control
and ownership under a funding model inclusive of the capital construction,
ongoing maintenance and operation costs and a schedule of user fees
which would respond to the market, encourage and support the use of
truck traffic, and that this motion be forwarded to the Region of Durham,
Durham Municipalities, Peterborough, Kawartha Lakes, Cavan-Monahan,
Ontario MPs and MPPs and AMO.”
Resolution #C-156-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 9 from the City of Oshawa, with respect to the
Highway 407 East Extension, be referred to the Director of Engineering Services for
comment on the impact to the Municipality of Clarington resulting from the extension
being phased to Harmony Road.
“CARRIED”
I - 11 George F. Vella, Vella & Pratt, Barristers and Solicitors, writing on behalf
of their clients New Castle Condominium Corporations 3, 6 and 7, at 120
Port Darlington Road, located immediately east of Port Darlington Marina,
indicating that they have been instructed by their clients to advise the
Municipality that the eroding of the condominium properties from the
action of the water from Bowmanville Creek and the Marina continues to
be a concern and the erosion is apparent; and, requesting that the
Municipality not assist in any dredging of the Bowmanville Creek
anywhere in the vicinity of the condominium lands until the owner of the
Marina has put in place appropriate shoreline erosion methods.
Resolution #C-157-11
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item I – 11, from George F. Vella, Vella & Pratt, Barristers and
Solicitors, with respect to dredging of the Bowmanville Creek, be referred to staff.
“CARRIED”
Council Meeting Minutes - 17 - March 28, 2011
CORRESPONDENCE FOR DIRECTION
Resolution #C-158-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Correspondence Items D - 1 to D - 8, be approved as per the agenda.
“CARRIED”
D - 1 Paul Slemon, Hands in Motion, Massage Therapy & Sports Injury Clinic,
requesting permission to stage the 2011 Terry Fox Run on Sunday,
September 18, 2011, and requesting to hang the Terry Fox Run/Walk
banner at the west end of Bowmanville at the railway bridge; indicating
the routes, insurance and police coverage will be the same as last year;
and, that the only road closure will be Liberty Street South of Memorial
Park to Baseline Road and Baseline Road at Liberty Street East to Lambs
Road to Highway #2.
(Approved provided the organizers apply
for and obtain a road occupancy permit
from the Engineering Services Department
and approval granted to install banner and
to advise Veridian)
D - 2 Leah Tanner, Fundraising Coordinator, Durham Region Unit – Canadian
Cancer Society, advising that every April is “Daffodil Month” when
volunteers in Durham Region and across Ontario work together to raise
funds for the Canadian Cancer Society by selling yellow daffodils and by
knocking on doors in their communities to collect donations, and
indicating that this year, as part of their annual campaign, they are
introducing a new daffodil pin and are requesting all Ontarians to unite
behind those living with cancer by making a donation and proudly wearing
the iconic yellow daffodil during the month of April to help spread the word
about “Daffodil Month” in Durham Region.
(Proclaimed)
Council Meeting Minutes - 18 - March 28, 2011
D - 3 Dr. Eric Hoskins, Minister of Citizenship and Immigration, advising that
nominations for the Newcomer Champion Awards, a program recognizing
individuals and groups who have made a difference in their community
and province through active citizenship and engagement, and are
champions of voluntarism, proud supporters of newcomers and advocates
of greater social and civic inclusion, are being accepted until April 29,
2011. Nomination forms and information on the awards is available on
the Ontario Honours and Awards Secretariat website at
www.ontario.ca/honoursandawards.
(Correspondence referred to the Municipal
Clerk to place information on the municipal
website)
D - 4 Karen Bastas, writing on behalf of the Newcastle Business Improvement
Area, requesting permission to hold a fireworks display by Bruce Gilbert
Port Pyrotechnics for the Canada Past and Present event to be held on
July 1, 2011, at the Newcastle & District Recreation Complex.
(Fireworks display approved provided the
organizers apply for and obtain a fireworks
permit from the Municipal Law
Enforcement Division)
D - 5 Mark Canning, Chair, Tyrone Community Centre Board, requesting to
amend the Board’s composition from 13 to nine members for the present
term of Council. Mr. Canning indicates that the Board has filled all the
necessary positions to ensure operational efficiency and continues to
work to attract new volunteers to the Board.
(Request referred to the Municipal Clerk)
D - 6 Magda Kapp, Director of Communications, Braintrust Canada and Sharon
Sheperd, Mayor, City of Kelowna, requesting support of the 2011 “A Run
to Remember” to promote brain injury prevention and support strategies
for people living with brain injury in Canada; advising that David McGuire,
a person who sustained a brain injury, will run a marathon a day across
Canada, commencing early April 2011 in St. John’s Newfoundland and
completing 8 months later in Victoria, British Columbia; and, requesting
that a day be proclaimed “A Run to Remember” Day in Clarington as
David runs through the community.
(Proclaimed)
Council Meeting Minutes - 19 - March 28, 2011
D - 7 Thomas H. B. Symons, Chairman, Ontario Heritage Trust, inviting Council
to participate in the 2011 Volunteer Recognition programs, including the
Heritage Community Recognition Program, Young Heritage Leaders
Program and Community Leadership Program to recognize community
efforts to preserve Ontario’s heritage; forwarding brochures outlining the
eligibility criteria and nomination process; and, advising the nomination
deadline is June 30, 2011. Additional information is available on the
Trust’s website at www.heritagetrust.on.ca.
(Correspondence referred to the Municipal
Clerk to place information on the municipal
website)
D - 8 Jon Hamilton, GM, Communications Delivery, the LoweMartin Group,
Official Sponsor of the 2011 Canada Post Community Literacy Awards,
Canada’s only national awards dedicated to celebrating the achievements
of adult learners, along with those who have helped them learn to read
and write; forwarding information on the nomination process, category
descriptions, submission criteria and nominating form; and, requesting
Council to help acknowledge deserving efforts by nominating an individual
and/or educator from the community for a 2011 Canada Post Community
Literacy Award.
(Correspondence referred to the Municipal
Clerk to place information on the municipal
website)
D - 9 Sophia Aggelonitis, Minister Responsible for Seniors, extending an
invitation to Council to participate in the 2011 Senior of the Year Awards
by nominating one outstanding local senior who, after age 65, has
enriched the social, cultural or civic life of the community without thought
th
of personal or financial gain. This year will mark the 27 anniversary of
Seniors’ Month which recognizes the contributions seniors make to family,
community, province and country. Nomination forms for The Senior of the
Year Award are available on the Ministry of Citizenship and Immigration’s
website at www.ontario.ca/honoursandawards and are due by April 30,
2011.
Resolution #C-159-11
Moved by Councillor Partner, seconded by Councillor Traill
THAT Wally Boughen be nominated for the ‘Senior of the Year’ Award on behalf of
the Municipality of Clarington.
“CARRIED”
Council Meeting Minutes - 20 - March 28, 2011
D - 10 Karen Bastas, writing on behalf of the Newcastle Business Improvement
Area, advising of the success of their first Annual Event – Canada Past &
Present held last year at the Newcastle and District Recreation Complex
to celebrate Canada Day; requesting financial assistance from the
municipality to assist in covering facility rental costs and entertainment
associated with this year’s event; and, indicating that next year, they will
submit a request for support to be considered in the Municipal budget.
Resolution #C-160-11
Moved by Councillor Partner, seconded by Councillor Novak
THAT the request from the Newcastle Business Improvement Area, with respect to
support for their Canada Past & Present Event, be referred to the Director of
Community Services.
“CARRIED”
D - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing to
the Honourable Brad Duguid, Minister of Energy, advising that on March
9, 2011, Regional Council adopted the following resolution pertaining to
time of day electricity pricing:
“WHEREAS the Ontario Government has introduced time of day electricity
pricing;
AND WHEREAS people with disabilities have a special need for utilities
and other electrical devices such as in-home dialysis, air conditioning, in-
house lifts, power wheel chair battery charging, etc. to help manage their
over all health and well-being, and may not be able to pick and choose
when they use their electricity;
AND WHEREAS recipients of Home Care have no choice as to when their
washing machines, dryers, dishwashers and other household appliances
are being used;
THEREFORE BE IT RESOLVED THAT the Minister of Energy be
requested to implement further strategies to ease the financial burden
facing people with disabilities who are eligible for the Disability Tax Credit
as offered by the Federal Government;
AND BE IT FURTHER RESOLVED THAT a copy of this resolution be
forwarded to the Premier of Ontario, the Minister of Finance, the Minister
of Health and Long Term Care, the local MPPs, and local area
municipalities.”
Council Meeting Minutes - 21 - March 28, 2011
Resolution #C-161-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the Region of Durham, with respect to time of day
electricity pricing, be referred to the Clarington Accessibility Advisory Committee.
“CARRIED”
D - 12 Mayor John Henry, City of Oshawa, advising that he has written to the
Ontario Power Authority requesting that they move expeditiously with the
combined Heat and Power Procurement Process and the approval of the
Oshawa Cogen Project, which will have significant benefits for all of
Durham Region, advising that on January 31, 2011, Oshawa City Council
adopted the following resolution with respect to the proposed Oshawa
Cogeneration Facility and requesting that Clarington Council adopt a
resolution to support the project and forward it to the Ontario Power
Authority:
“WHEREAS on December 15, 2008 City Council passed a resolution
authorizing the Mayor and Commissioner, Development Services to send
letters of support for a cogeneration facility proposed by Northland Power
Inc. at the southwest corner of Stevenson Road South and Wentworth
Street West in a GI (General Industrial) Zone; and,
WHEREAS the project was delayed due to changes to a previous Ontario
Power Authority Procurement Program for Combined Heat and Power
projects; and,
WHEREAS by letter dated January 12, 2011, Northland Power Inc. has
advised that it will be making a new submission under a new Combined
Heat and Power procurement initiative in order to advance the
construction of the proposed facility; and,
WHEREAS the proposed facility has various environmental and economic
benefits; and,
WHEREAS by letter dated January 12, 2011, both General Motors and
Northland Power Inc. have requested the City’s continued support for the
project; and
WHEREAS it is an opportunity for the newly elected council to show its
support for the proposed facility;
Council Meeting Minutes - 22 - March 28, 2011
THEREFORE BE IT RESOLVED:
1. THAT the Mayor be authorized to send a letter to the Ontario Power
Authority setting out the City’s support for the proposed facility and
requesting the Authority to move forward expeditiously with the new
Combined Heat and Power procurement process;
2. THAT the Region of Durham and all local Region of Durham
municipalities be requested to support the proposed facility; and
3. THAT a copy of the Council resolution and letter from the Mayor be
forwarded to all Oshawa MPs and MPPs.”
Resolution #C-162-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT the resolution from the City of Oshawa, with respect to the proposed Oshawa
Cogeneration Facility, be received for information.
“CARRIED”
D - 13 John Ennis, Government Relations Specialist, CAA South Central Ontario
and Scott R. Butler, Manager, Policy and Research, Ontario Good Roads
Association, advising of the need for greater investment and funding
support from the Province for Ontario’s municipalities to build the
transportation infrastructure (roads, bridges and transit) needed to support
local economies and to sustain the quality of life that Ontarians have
come to expect and requesting that municipalities throughout Ontario
support their call for the Government of Ontario to consider dedicating a
portion of the new revenue collected from the provincial portion of HST
charged on gasoline and diesel sales to a new predicable funding
mechanism directed to Ontario’s municipalities for transportation
infrastructure investment; indicating that since the implementation of the
HST, over 6000 CAA members and non-members have shown their
support for this initiative by signing CAA’s petition and e-petition and
forwarding the following resolution for consideration:
“WHEREAS the introduction of the Harmonized Sales Tax (H.S.T.) on
July 1, 2010, and its application to gasoline and diesel sales will result in
new revenue for the Government of Ontario; and
WHEREAS based on 2010 average price levels of gasoline and diesel,
and 2009 average consumption levels in Ontario, the Government of
Ontario’s projected new revenue will be approximately $1.53 billion
annually; and
Council Meeting Minutes - 23 - March 28, 2011
WHEREAS the Provincial-Municipal Fiscal and Service Delivery Review
identified a transportation infrastructure investment gap between the
Government of Ontario and Ontario’s municipalities of approximately $3.8
billion; and
WHEREAS a lack of sufficient funding for essential transportation
infrastructure construction, maintenance and rehabilitation has created a
situation where many of Ontario’s municipalities do not have the financial
capacity to construct new transportation infrastructure and conduct the
maintenance and rehabilitation needed to sustain existing transportation
infrastructure; and
THEREFORE BE IT RESOLVED THAT the Council of the Municipality of
Clarington requests that the Government of Ontario consider directing a
portion of the revenue derived from HST charged on gasoline and diesel
sales to a new predictable funding mechanism that will allow Ontario’s
municipalities to make the critical investments needed to be effective
stewards of transportation infrastructure; and
FURTHER THAT a copy of this resolution be forwarded to Premier Dalton
McGuinty, Hon. Dwight Duncan, Minister of Finance,
Hon. Kathleen Wynne, Minister of Transportation, Hon. Bob Chiarelli,
Minister of Infrastructure, the Ontario Good Roads Association and to
CAA South Central Ontario; and
FURTHER THAT this resolution be circulated to all municipalities in
Ontario requesting their support.”
Resolution #C-163-11
Moved by Councillor Traill, seconded by Councillor Novak
THAT the resolution from the CAA South Central Ontario and the Ontario Good
Roads Association, with respect to a proposal to have HST Gas Tax Revenue
dedicated to transportation, infrastructure and maintenance, be endorsed.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report March 21, 2011.
Council Meeting Minutes - 24 - March 28, 2011
Resolution #C-164-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the General Purpose and Administration Committee Report of March 21, 2011
be approved, with the exception of Items #6, #8, #12 and #22.
“CARRIED”
Councillor Neal declared a pecuniary interest with respect to Item #12 as he acts for
the applicant, Mr. Veltri. Councillor Neal left the Council Chambers during discussion
and voting on this matter.
Item #12
Resolution #C-165-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report EGD-010-11 be received;
THAT the Director of Engineering Services be authorized to issue a ‘Certificate of
Acceptance’ for the Final Works, which include final stage roads and other related
Works, constructed within Plan 40M-2242; and
THAT Council approve the by-law attached to Report EGD-010-11, assuming certain
streets within Plan 40M-2242 as public highways.
“CARRIED”
Councillor Neal returned to the meeting.
Item #6
Resolution #C-166-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Item #6 of Report #1 be referred to the end of the Agenda.
“CARRIED”
Council Meeting Minutes - 25 - March 28, 2011
Item #8
Resolution #C-167-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the Director of Planning Services be authorized to re-engage SENES
Consultants Ltd. to prepare comments on the application to the Minister of
Environment for Certificates of Approval for the Energy-From-Waste facility at a cost
of $18,345.56 with a report and presentation to the General Purpose and
Administration Committee; and
THAT the funds be allocated from account # 100-00-000-00000-2926, Consulting and
Professional Fees Reserve.
“CARRIED”
Item #22
Resolution #C-168-11
Moved by Councillor Novak, seconded by Councillor Partner
WHEREAS a ‘Notice of Motion’ delivered before Council forces the introduction of an
item on the following Council agenda, without discussion, debate or staff input;
AND WHEREAS good and meaningful governance requires fulsome debate, due
consideration, and open public consultation.
THEREFORE BE IT RESOLVED THAT the Procedural By-law, By-law 2011-016, be
amended by deleting Sections 7.12.1, 7.12.2 and 7.12.3 ‘Notices of Motion’ and
related sections, to remove the opportunity to introduce new motions at council
without suspending the rules.
“CARRIED AS AMENDED LATER IN THE
MEETING”
(See Following Motions)
Resolution #C-169-11
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the foregoing Resolution #C-168-11 be amended by adding the following words
‘with the exception of procedural matters’ following the words ‘related sections’.
“CARRIED”
Council Meeting Minutes - 26 - March 28, 2011
Resolution #C-170-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-168-11 be amended by deleting Paragraph 3 and
replacing it with the following Paragraph 3:
“THEREFORE BE IT RESOLVED THAT the Procedural By-law, By-law
2011-016, be amended by requiring a majority vote of Council for Notices of
Motion to be introduced under Sections 7.12.1, 7.12.2 and 7.12.3 Notices of
Motion’ and related sections with the exception of procedural matters.”
“MOTION LOST ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Traill v
Councillor Woo v
Councillor Hooper v
Councillor Neal v
Councillor Novak v
Councillor Partner v
Mayor Foster v
Resolution #C-168-11 was then put to a vote and CARRIED AS AMENDED ON THE
FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Traill v
Councillor Woo v
Councillor Hooper v
Councillor Neal v
Councillor Novak v
Councillor Partner v
Mayor Foster v
STAFF REPORT(S)
Confidential Report LGL-005-11 – OMB Appeals of Site Plan Application 2010-
007 and Minor Variance Application A2010-0043 – Proposed Relocation of RBC
Branch to 185-195 King Street East, Bowmanville, Applicant/Appellant: FCHT
Holdings (Ontario) Corporation
Council Meeting Minutes - 27 - March 28, 2011
Confidential Verbal Report of the Solicitor regarding Morgan’s Road.
Resolution #C-171-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Staff Report #1 - Confidential Report LGL-005-11 – OMB Appeals of Site Plan
Application 2010-007 and Minor Variance Application A2010-0043 – Proposed
Relocation of RBC Branch to 185-195 King Street East, Bowmanville,
Applicant/Appellant: FCHT Holdings (Ontario) Corporation and Staff Report # 2 -
Confidential Verbal Report of the Solicitor regarding Morgan’s Road, be referred to a
closed session of Council.
“CARRIED”
Resolution #C-172-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of receiving advice regarding two matters that are
subject to solicitor-client privilege, including communications necessary for that
purpose.
“CARRIED”
The meeting resumed in open session at 11:09 p.m.
The Mayor advised that two items were discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and one resolution was passed to
extend the hour until 11:30 p.m.
Resolution #C-173-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report LGL-005-11 be received for information; and
THAT staff be directed to oppose the Site Plan Amendment application and Minor
Variance Application submitted by FCHT Holdings (Ontario) Corporation at the Ontario
Municipal Board for the reasons set out in Report LGL-005-11.
“CARRIED”
Council Meeting Minutes - 28 - March 28, 2011
BUSINESS ARISING FROM NOTICE OF MOTION
Resolution #C-174-11
Moved by Councillor Traill, seconded by Councillor Neal
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 - 29 - March 28, 2011
2. THAT the CAO be 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.
"MOTION LOST ON THE FOLLOWING
RECORDED VOTE:"
Council Member Yes No Declaration of
Pecunia Interest Absent
Councillor Traill
Councillor Woo
Councillor Hoo er
Councillor Neal
Councillor Novak
Councillor Partner
Ma or Foster ti
Resolution #C-175-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Resolution #C-128-11 be lifted from the table.
CARRIED
Resolution #C-176-11 (Resolution #C-128-11 from March 7, 2011)
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;
Council Meeting Minutes - 30 - March 28, 2011
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.
“MOTION LOST LATER IN THE
MEETING”
Resolution #C-177-11
Moved by Councillor Novak, seconded by Councillor Traill
THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting
continue for fifteen minutes.
“CARRIED”
Resolution #C-178-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT Paragraph 5 of the foregoing Resolution #C-128-11 be amended to replace the
words “air modeling” with the words “airshed modeling” and to add the words “and air
monitoring” after the words “airshed modeling”.
“MOTION LOST”
Resolution #C-176-11 was then put to a vote and LOST ON THE FOLLOWING
RECORDED VOTE:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Traill v
Councillor Woo v
Councillor Hooper v
Councillor Neal v
Councillor Novak v
Councillor Partner v
Mayor Foster v
Council Meeting Minutes - 31 - March 28, 2011
Delegation of Kim Gavine, Executive Director, Oak Ridges Moraine Foundation,
Regarding Eight Different Reports which the Foundation is working on Regarding the
Effectiveness of the Oak Ridges Moraine Conservation Plan and the Foundation
Resolution #C-179-11
Moved by Councillor Novak, seconded by Councillor Partner
WHEREAS the Oak Ridges Moraine Foundation (ORMF) is a non-regulatory
governing body meant to complement the goals of the Oak Ridges Moraine
Conservation Plan and has undertaken stewardship, education, research, land
securement and trail projects on behalf of the province and the municipalities of the
Greater Toronto Area;
WHEREAS the ORMF has provided in excess of $14 million in grants and leveraged,
in collaboration with Moraine partners, an additional $35.8 in funding for 177 projects;
WHEREAS the ORMF has provided grants of $ 1.3 million towards the acquisition of
12 properties in Clarington around Enniskillen, the Long Sault Conservation Area and
the Ganaraska Forest;
WHEREAS the ORMF provided grants for 34 stewardship projects in Clarington;
WHEREAS the ORMF has made an application to the Province of Ontario for $11
million in funding for policy and monitoring ($4 million), land restoration ($3 million),
land securement ($2 million), and outreach and education($2 million) until the review
of the Oak Ridges Moraine Conservation Plan in 2015.
WHEREAS the ORMF has been a valuable component of implementing the Oak
Ridges Moraine Conservation Plan and it provides an independent look at the actions
of the Province and the municipalities across the Moraine and undertakes strategic
actions to implement the Oak Ridges Moraine Conservation Plan;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington fully
supports the application of the Oak Ridges Moraine Foundation to the Province of
Ontario for $11 million of funding for policy and monitoring, land restoration, land
securement, and education and outreach;
And that a copy of this resolution be forwarded to the Regional Municipality of
Durham, Municipalities in Durham Region and MPP John O’Toole.
“CARRIED”
Council Meeting Minutes - 32 - March 28, 2011
Confidential Memorandum from the Municipal Solicitor – Host Community Agreement
Resolution #C-180-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the Confidential Memorandum from the Municipal Solicitor – Host Community
Agreement be tabled until the next General Purpose and Administration Committee
meeting.
“CARRIED”
COMMITTEE REPORT(S) cont’d
Item #6
Resolution #C-181-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report PSD-028-11 be received;
THAT The Municipality, through the GTA Clean Air Council, monitor the progress
being made by the Ministry of Environment on the cumulative impact assessment,
PM policy framework, and development of components of the Comprehensive Air
2.5
Management System (CAMS);
THAT the Region of Durham Health Department be requested to become more
involved in air quality issues, especially as they relate to health issues, on a Region
wide basis;
THAT if Council determines that air quality improvement should be identified as a
priority, the issue be referred to the 2012 budget for municipal initiatives; and
THAT all interested parties listed in Report PSD-028-11 be advised of Council’s
decision.
“CARRIED”
Resolution #C-182-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT, in accordance with section 10.12.34 of the Procedural By-law, the meeting
continue for five minutes.
“CARRIED”
Council Meeting Minutes - 33 - March 28, 2011
BY-LAWS
Councillor Hooper declared a pecuniary interest with respect to By-law 2011-034 as
he owns property in downtown Bowmanville, which may be impacted by the proposed
development. Councillor Hooper left the Council Chambers during discussions and
voting on this matter.
Councillor Neal declared a pecuniary interest with respect to By-law 2011-035 as he
acts for the applicant, Mr. Veltri. Councillor Neal left the Council Chambers during
discussions and voting on this matter.
Resolution #C-183-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT leave be granted to introduce By-laws 2011-030 to 2011-037
2011-030 Being a by-law authorizing entering into an Agreement with the
Owners of Draft Plan of Subdivision 18T-94027, any Mortgagee
who has an interest in the said lands, and the Corporation of the
Municipality of Clarington
2011-031 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (1494339
Ontario Limited)
2011-032 Being a by-law to amend By-law 2004-253 to provide for Civil
Marriage Services to be Offered by the Municipality of Clarington
2011-033 Being a by-law to exempt a certain portion of Registered Plan 40M-
2265 and a certain portion of Registered Plan 40M-2337 from Part
Lot Control
2011-034 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle
(1804603 Ontario Inc.)
2011-035 Being a by-law to assume certain streets within the Municipality of
Clarington as public highways in the Municipality of Clarington
2011-036 Being a by-law to provide for the administration and enforcement of
the Building Code Act within the Municipality of Clarington
2011-037 Being a by-law to amend By-law 2011-016, a by-law to govern the
proceedings of the Council of the Municipality of Clarington, its
General Purpose and Administration Committee and Special
Committees; and
Council Meeting Minutes - 34 - March 28, 2011
THAT the said by-laws be approved.
"CARRIED"
Councillor Hooper and Councillor Neal returned to the meeting.
NOTICE OF MOTION
There were no Notices of Motion introduced under this Section of the Agenda.
OTHER BUSINESS
Councillor Hooper reminded members of the public that fire season is upon us
and of the dangers of burning in grassy areas.
Councillor Hooper and Councillor Neal stated pecuniary interests earlier in the
meeting, refrained from voting on the Confirming By-law and left the Council
Chambers during discussions and voting on this matter.
CONFIRMING BY-LAW
Resolution #C-184-11
Moved by Councillor Traill, seconded by Councillor Woo
THAT leave be granted to introduce By-law 2011-038, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 28~h day of March, 2011; and
THAT the said by-iaw be approved.
"CARRIED"
Councillor Hooper and Councillor Neal returned to the meeting.
ADJOURNMENT
Resolution #C-185-11
Moved by Councillor Partner, seconded by Councillor Novak
THAT the meeting adjourn at 11:47 p.m.
"CARRIED"
MA O