HomeMy WebLinkAbout05/16/2011 Council Meeting Minutes
MAY 16, 2011
Minutes of a regular meeting of Council held on May 16, 2011 at 7:00 p.m., in the
Council Chambers.
Councillor Novak led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Recreation Services Manager, S. Meredith
Director of Finance/Treasurer, N. Taylor
Communications Coordinator, J. Vreeker, attended until 7:15 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
There were no disclosures of pecuniary interest stated for this meeting.
ANNOUNCEMENTS
Councillor Partner announced the following:
• On Thursday, May 12, 2011, she, along with Councillors Traill, Hooper and
Woo, attended the Tyrone Community Centre Dutch Dinner Fundraiser
following which she and Councillors Hooper and Woo attended the Durham
Region Environmental Achievement Awards (DEAC) where John Slater, Chair
of the Orono Crown Lands Trust, was awarded the Evylin Stroud Lifetime
Achievement Award.
• On Sunday, May 15, 2011 she, along with Councillor Hooper, attended the
Newtonville Community Hall Spaghetti Dinner Fundraiser.
Council Meeting Minutes - 2 - May 16, 2011
• On Wednesday, May 18, 2011, the monthly "Rebekka Raise the Roof'
Fundraiser Dinner will take place in Orono. Tickets are $15 with all proceeds
going towards a new roof for the Rebekka Hall.
• She issued a reminder that the first annual "In The Face of An Angel" Golf
Tournament, in support of ovarian cancer research, will be held at Cider House
Golf Club on May 29, 2011, in memory of her mother, Bernice Partner. Tickets
are $80 and include golf, lunch, wine tasting and a silent auction.
Councillor Traill announced the following:
• On May 10, 2011, she attended the Samuel Wilmot Nature Area Advisory
Committee meeting. The Committee selected the location of the new
informative kiosk and inspected the proposed site for the construction of a
wooden lookout.
• She attended the Tyrone Community Centre Dutch Dinner fundraiser. The
event was a tremendous success raising $3,000 with over 300 people
attending. She extended congratulations to the hard-working members of the
Tyrone Community Centre Board and especially to Corrine Van de
Grootevheen.
• On June 4, 2011, Tyrone's Annual Spirit Day will take place with games, music
and a barbeque.
• On Thursday, May 19, 2011, the Bethesda House Annual Charity Dinner and
Silent Auction will take place.
Councillor Woo announced the following:
• The Region of Durham is inviting residents to help celebrate National Public
Works Week (NPWW) May 15 to 21, 2011, by hosting a variety of initiatives to
raise awareness and understanding of how public works services impact our
daily lives. This past Saturday kick-off events were held at the Material
Recovery Facility (MRF), the Traffic Operations Centre and the Nonquon River
Water Pollution Control Plant (WPCP).
• On May 22, 2011, the Clarington Farmers' Market opens for the 7t" season at
the Newcastle Arena Parking Lot.
• On Wednesday, May 18, 2011, there will be a public open house for the
Newcastle Grocery Store proposal at the Newcastle Town Hall starting at
7:00 p.m.
Councillor Hooper announced the following:
• This past week he attended the "Pass the Book" Event hosted by the Brooklin
Branch of the Whitby Public Library marking the second year of the community
read program. This year's book is "The Vinyl Cafe" written by Stuart McLean.
• He attended the Durham Environmental Achievement Awards last Thursday
and extended congratulations to John Slater.
Council Meeting Minutes - 3 - May 16, 2011
• He advised of the retirement of Henry Mulder, Mulder's Furniture in
Bowmanville after fifty years in business, and of the celebration of the Hanc
Family business that started with a chip truck forty years ago and the opening
of the restaurant twenty-five years ago.
Councillor Novak announced the following:
• She participated in McDonald's McHappy Day on Wednesday, May 11, 2011,
with proceeds going towards the Bowmanville Hospital Foundation.
• She extended congratulations to Dr. Ron Bourdessa on his retirement from the
University of Ontario Institute of Technology (UOIT).
Mayor Foster announced the following:
• He extended congratulations to Alison Rowan, Clarington Central Secondary
School on winning gold for the second consecutive year in graphic design at
the 22nd annual Ontario Technological Skills Competition.
• He issued a reminder that May 29th is the Courtice Lions "Purina Walk for
Guide Dogs" with registration commencing at 8:00 a.m. at the Courtice
Community Complex.
• He also participated in McHappy Day on May 11, 2011.
• He had the pleasure of attending an amazing production of a "Midsummer
Night's Dream" at Holy Trinity Catholic Secondary School.
• On Saturday, May 21, 2011, a Fundraiser Carwash will be held at the Garnet B.
Rickard Recreation Complex parking lot in support of Julie Cryderman and
Kaylin Morissette,.;>who will be representing Canada's Under 19 Womens' Field
Lacrosse Team this summer in Hanover, ,Germany.
Resolution #C-250-11
Moved by Councillor Partner, seconded by Councillor Woo
THAT the minutes of a regular meeting of Council held May 2, 2011, minutes of a
special meeting of Council held May 6, 2011, and minutes of a special meeting of
Council held May 9, 2011, be approved.
"CARRIED AS AMENDED LATER IN THE
MEETING"
(See Following Motions)
Council Meeting Minutes - 4 - May 16, 2011
Resolution #C-251-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the minutes of a regular meeting of Council held on May 2, 2011, be amended
as follows:
"THAT the first sentence on Page 26 be replaced with the following sentence:
`Councillor Neal stated that Report FND-008-11 not including Development
Charge Reserve Funds and debt gives an inaccurate picture of our finances."'
"CARRIED"
Resolution #C-252-11
Moved by Councillor Woo, seconded by Councillor Neal
THAT the minutes of a special meeting of Council held on May 6, 2011, be amended
as follows:
"THAT the third paragraph on Page 1 be amended by adding the words
`Peoples Republic of China' following the name `Consul Song Yongjian'."
"CARRIED"
Resolution #C-250-11 was then put to a vote and CARRIED AS AMENDED.
PRESENTATIONS
Mayor Foster highlighted the contributions of Clarington resident, John Slater, on his
efforts in providing exemplary initiative and leadership in continually promoting the
protection of the environment. Mayor Foster stated it was his pleasure to recognize
Mr. Slater for the works he has done and requested that Carol McCulloch come
forward to receive a Certificate of Recognition and Appreciation on behalf of John,
who was unable to attend tonight's meeting.
John O'Toole, MPP, Durham presented his Annual Address to Clarington.
Mr. O'Toole expressed appreciation to Council for providing him with the opportunity
to report on issues facing both the Municipality and the Province. Mr. O'Toole
acknowledged the residents in the gallery noting that he is impressed by the turnout.
He stated that by keeping him informed of local issues, common problems can be
solved by working together.
Council Meeting Minutes - 5 - May 16, 2011
Mr. O'Toole highlighted a number of issues including the Energy-From-Waste project,
industrial wind turbines, movement of commercial fill, Provincially Significant
Wetlands, the Highway 407 East Expansion, the Nuclear New Build and
Refurbishment project at the Darlington Nuclear Generating Station, the expansion of
the GO Train service to Bowmanville and the general economy. Mr. O'Toole
recognized the Orono Crown lands matter indicating that he is working with the
Township of Scugog on a similar crown land issue and that he may use the same
model. He commended Council for their long-range vision on the Science and
Technology Park and acknowledged the citizens, Council and staff for working
together on the issue of commercial fill activity on Morgans Road and arranging a
Town Hall meeting. Mr. O'Toole confirmed that he has raised the issue at Queen's
Park. He noted that the environment is foremost on everyone's minds and that
citizens have stood for the wetlands issue for many years. Mr. O'Toole indicated that
he is in contact with both the Minister of the Environment and the Minister of Natural
Resources daily and will keep both ministries informed and will continue to work with
them on Clarington's behalf. Mr. O'Toole stated his main message is to work on
issues and get them solved while they are small. He stated with respect to energy, it
is important to have a strong economy and that there is a surplus of 5000 mg of
energy per day because of it. He noted that Ontario continues to recover from record
debt and faces significant challenges because of accumulated debt and interest which
cuts out spending. He noted that electricity rates continue to rise and that these are
not discretionary usages. He indicated that the Province needs a long-term energy
plan, that conservation needs to be part of the policy shift, and that the Darlington
New Build and Refurbishment project is a long-term investment that will provide a
stable carbon-free base for the future. Mr. O'Toole stated the Province's position is to
complete the Highway 407 East extension in one phase and acknowledged the
disruption to private property and agricultural lands. He indicated that he receives
many calls on the expansion of GO train service to Bowmanville noting the holdup
with the bridge across Highway 401 in Whitby. He feels that the trains should go
directly through to Port Hope and Cobourg and that Durham Transit should lead into
the spine. Mr. O'Toole indicated that with respect to Provincially Significant Wetlands,
it is his opinion that there should be an appropriate mechanism to compensate
property owners. He stated that it is expected that Private Members legislation will be
introduced regarding the movement of soil and he highlighted a number of Bills that
are currently before the legislature including: Bill 140 — Strong Communities through
Affordable Housing Act, 2011, Bill 141 — Health Protection and Promotion Amendment
Act, 2011, Bill 150 —Toronto Transit Commission Labour Disputes Resolution Act,
2011, Bill 151 —Allocation of Forest Tenure Modification Act, 2011, Bill 160 —
Occupational Health and Safety Statute Law Amendment Act, 2011, Bill 173 — Better
Tomorrow for Ontario Act (Budget Measures), 2011, Bill 179 — Building Families and
supporting Youth to be Successful Act, 2011, Bill 181 — Fire Protection and Prevention
Amendment Act, 2011, Bill 186 — Supporting Smoke-Free Ontario by Reducing
Contraband Tobacco Act, 2011, and Bill 188 — McMichael Canadian Art Collection
amendment Act, 2011. Mr. O'Toole presented Council with a Provincial flag hoping it
will be flown at the Municipal Administrative Centre.
Council Meeting Minutes - 6 - May 16, 2011
Resolution #C-253-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT John O'Toole, MPP, Durham be thanked for his presentation and for bringing
forward Clarington's concerns to the Ontario legislature.
"CARRIED"
Mayor Foster stated for the benefit of those in attendance this evening with respect to
Correspondence Items D - 5 and D - 6 regarding the Provincially Significant Wetlands,
it is Council's intention to invite the Ministry to attend the public open house and that
no decisions will be made tonight other than referring the correspondence to staff.
DELEGATIONS
Jeany Barrett, President, Newcastle Horticultural Society, addressed Council to
provide an update on the Newcastle Heritage Garden Project. Through use of a
PowerPoint Presentation, Ms. Barrett provided background information on the
formation of the Newcastle Heritage Garden Committee and Collaborative Agreement
with the Newcastle Community Hall Board and the Municipality, outlined the scope of
the project which was originally to add a watering system and to revitalize the gardens
by removing old bushes and dying trees and highlighted the concept plan developed
in order to apply for a Ontario Trillium Grant. Ms. Barrett indicated as the plan
evolved, the Committee's first area of concern was to move the fountain to a more
prominent location, to create gardens that better reflect the heritage of the building, to
include a fenced-in patio and to investigate different types of watering systems.
Ms. Barrett reviewed the concept for the front of the hall including enlarging the front
walkway and moving the urns to the centre of each side of the walkway. She
indicated the fountain will be moved to an area of its own at the east side of the
property and the area behind the gazebo will be redesigned into a children's learning
garden. Ms. Barrett advised a Trillium Foundation Grant in the amount of $123,400
has been approved and a landscape architect has been hired to develop construction
drawings and oversee the project which is expected to go to tender in the early
summer. She indicated the Committee's first fundraiser "Hotel California" was a huge
success bringing in over $10,000 and introduced Gabrielle Bell, Co-Chair, Pat
Thexton, Barry Carmichael, Kim Tou, Mary Thorley, Donna Lee Babalow and
Sierd de Jong, Joint Fundraising Committee members in attendance this evening.
Ms. Barrett reviewed a list of sponsors and highlighted upcoming fundraising events.
She noted that a Newcastle Heritage Garden Fund account has been set up with the
Municipality of Clarington for donations and that tax receipts will be issued for any
donation over $10. Ms. Barrett summarized by thanking Council and the community
for the support received, especially to the Newcastle Community Hall Board who has
provided enormous support in every aspect of the project. She indicated that every
little bit helps and that they would appreciation any assistance in helping reach their
commitment to the Trillium Foundation in raising $75,000.
Council Meeting Minutes - 7 - May 16, 2011
John Puddicombe addressed Council concerning Correspondence Item D - 6 - Official
Plan Amendment #80 to Revise the Limits of the Environmental Protection Areas
Based on the Identification of Provincially Significant Wetlands. Mr. Puddicombe
expressed concern with the extension of George Reynolds Drive through the
wetlands. He indicated that he moved to Clarington because of its mix of urban and
rural boundaries but feels it is imperative that the wetlands be protected. He
expressed concern that since the subdivision has been developed, wells on Hancock
Road have been drying up and feels that there is something suspicious about this and
that something must have disrupted the water tables. Mr. Puddicombe indicated that
he has full confidence in Mr. O'Toole and Council and that he is not against
development but wants to ensure that the buffers are adhered to and that the wetlands
are protected.
Grant Algar addressed Council concerning Correspondence Item D — 5 - Official Plan
Amendment #80 to Revise the Limits of the Environmental Protection Areas Based on
the Identification of Provincially Significant Wetlands. Mr. Algar stated that he owns
4327 Fices Road and that he had no idea that government officials were going to try
and re-designate part of his land. He referred to a letter he received from the Ministry
of Natural Resources (MNR) allowing him to fill in the gravel pits on his lands.
Mr. Algar indicated that there is farmland around the gravel pits and if spraying for
pesticides, etc. is not allowed, it will impact the farming operations and affect the value
of his land. Mayor Foster requested Mr. Algar to provide the Director of Engineering
Services with a copy of the letter he received from the MNR.
Karen Tremblay addressed Council concerning Correspondence Item D — 6 - Official
Plan Amendment #80 to Revise the Limits of the Environmental Protection Areas
Based on the Identification of Provincially Significant Wetlands. Ms. Tremblay
thanked Council for their response to her delegation of May 2, 2011, indicating that
hosting a Town Hall meeting is fair and democratic and will provide property owners
affected by the Provincially Significant Wetlands designation to express their
concerns, opposition and support. Ms. Tremblay thanked Members of Council who
have taken the time to speak to their constituents and feels that all sides need to listen
to each other and work together. Ms. Tremblay stated residents are not against
preserving the environment but are questioning the process and accuracy and the
lack of consultation with impacted owners. She stated the combination of the
Provincially Significant Wetlands and environmental protection should not be forced
on property owners. Ms. Tremblay stated in a democratic society, citizens have
voices and rights and the issue should be open to debate between the property
owners and the government. Ms. Tremblay indicated that property owners are looking
forward to the Town Hall meeting.
Council Meeting Minutes - 8 - May 16, 2011
Martin Gerkes addressed Council concerning Correspondence Item D — 6 - Official
Plan Amendment #80 to Revise the Limits of the Environmental Protection Areas
Based on the Identification of Provincially Significant Wetlands. Mr. Gerkes indicated
that there appeared to be some confusion with respect to his delegation of April 4,
2011 in which he had stated that someone from the Ministry of Natural Resources had
been on his land without his permission to perform site visits. He clarified that it was
his intention to advise that he was never given any notice from the Ministry of Natural
Resources that they were going to enter his property or conduct site visits.
Mr. Gerkes indicated that site visits started in 1994 and the situation on his property is
significantly different now than what it was 18 years ago. He expressed concern that
he has requested copies of the site visits from the Ministry six weeks ago and still has
not heard back. Mr. Gerkes expressed concern with the way the process has been
handled and that comments from the Planning Department suggest that changes to
the Official Plan designation was nothing more than a bookkeeping exercise and that
it was business as usual according to the Central Lake Ontario Conservation
Authority. Mr. Gerkes confirmed that he bought his property in 1984 as a working
farm and now there is concern that he may not be able to construct a building or make
an addition to an existing building because of the PSW buffer. Mr. Gerkes also
requested clarification on the limit of the buffer zone as the Planning Department
indicates it is 33 m but the Ministry of Natural Resources Manual indicates 120 m. He
stated that over 600 properties are affected by the PSW designation and many
residents have been given different stories by CLOCA and the MNR. Mr. Gerkes
agreed with Ms. Tremblay in that residents would like to negotiate a fair solution that
works for everyone but there appears to be an atmosphere of distrust. He is hopeful
that the Town Hall meeting will address the questions and comments residents have
brought forward.
Mayor Foster requested that Mr. Gerkes provide staff with a list of his questions.
Beth Meszaros addressed Council concerning Correspondence Item D — 10 - Lack of
Regulations Governing the Filling of Abandoned Gravel Pits stating her concern is the
filling in of gravel pits that have been excavated before 1992 and are now abandoned.
Ms. Meszaros expressed concern that regulations in place today do not apply to these
scenarios and provide the opportunity for contractors to move "brownfield" sites onto
"greenfield" sites. She stated that it is important to ensure that development or site
alteration will not result in a negative impact on the Greenbelt feature or its function
and noted that Morgans Road is greenbelt as mandated by the Provincial government.
Ms. Meszaros acknowledged that the issue is a very complicated and time consuming
one but that given the increased interest in large commercial fill sites, she feels that it
is urgent that the process of enhancing control of the dumping of fill in Clarington's by-
laws be addressed. Ms. Meszaros stated that it appears that there are regulations in
place for taking aggregates out but that no similar process exists for the reverse and
that Conservation Authorities, Municipalities and Townships find themselves not
adequately supported by the Province. Ms. Meszaros urged Council to lobby the
Province to correct this loophole and to address the concern of the lack of ability to
stop dumping of inappropriate fill in old gravel pits.
Council Meeting Minutes - 9 - May 16, 2011
She also suggested that the Municipality demand that other regulatory bodies develop
regulations that do not allow Table 2 soils to be placed on Table 1 soils. Ms.
Meszaros highlighted reasons communities are calling for regulations for fill
operations including risk to groundwater contamination and damage to ground water
recharge functions, truck traffic and associated dust, road wear and tear, congestion,
safety and air pollution, increased cost for municipalities to resolve issues through
legal action and a comprehensive overview of provincial regulations and guidelines
that specifically track, assess and enforce the movement and disposal of soil in
Ontario. Ms. Meszaros stated the Clarington Citizens for Clean Water and Soil do not
feel that the Municipality is keeping them updated on actions taken to date and are
requesting that communications be improved. Ms. Meszaros stated there will be a
meeting of the Clarington Citizens for Clean Water and Soil on May 17, 2011 at the
Newcastle and District Recreation Complex at 6:30 p.m. and distributed photos of
Morgans Road.
Richard Ward addressed Council concerning Item 1(d) of Report#1 - Report CLD-
012-11 - Property Standards Investigations objecting to the report being received for
information as there is no comprehensive action taken. Mr. Ward stated he had spent
five years cleaning his property only to be reassessed by the Municipal Property
Assessment Corporation (MPAC) who tripled his assessment. He stated the only way
he had to respond to MPAC's unsubstantiated claim was to stop improving the
property as he felt he was being penalized unjustifiably. Mr. Ward expressed concern
that he has requested an explanation from MPAC and has provided numerous
comparisons with no response. He requested that Council analyze the nature of the
complaints against him that initiated the clean-up to see if they were put in without any
outside influence. Mr. Ward apologized for being critical of staff and stated that he
respects Council but wants the two complaints that initiated the actions against him to
be investigated.
Beth Kelly and Bob Hann, Halloway Developments Limited and Valiant Rental
Properties Limited —West Bowmanville Shopping Centre — Building B & E — Lifting of
"H" Holding Symbol addressed Council concerning Hand-out Correspondence Item D
— 13. Mr. Hann stated they are anxious to begin construction noting the sooner
construction starts, the sooner both his company is paid and the Municipality can
begin collecting taxes. Mr. Hann indicated that due to a change in the manner the
Region is collecting levies, his company can save thousands of dollars if the levies are
paid before June 1, 2011. Mr. Hann indicated that they cannot supply building permit
plans by that time but have submitted their site plan application and hope that Council
will approve their request. Mr. Hann distributed drawings of the Bowmanville West
Shopping Centre.
Council Meeting Minutes _ 10 - May 16, 2011
Resolution #C-254-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the order of the agenda be altered to consider Correspondence Item D — 13 at
this time.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Correspondence Item D — 13 was received as a Hand-Out.
D - 13 Beth Kelly, Vice President, Halloway Developments Limited and Valiant
Rental Properties Limited, requesting that the lifting of the "H" symbol on
their development at the West Bowmanville Shopping Centre — Building B
& E, be approved due to a tight timeline that they are dealing with.
Resolution #C-255-11
Moved by Councillor Neal, seconded by Councillor Woo
THAT application ZBA 2011-0016 submitted by Halloway Holding to remove the
Holding (H) Symbol be approved;
THAT a By-law to remove the Holding (H) symbol be passed; and
THAT the Regional Municipality of Durham, the Municipal Property Assessment
Corporation (MPAC) and Halloway Developments Ltd. be advised of Council's
decision.
"CARRIED"
Linda Reid addressed Council concerning Correspondence Item D — 6 - Official Plan
Amendment #80 to Revise the Limits of the Environmental Protection Areas Based on
the Identification of Provincially Significant Wetlands stating she has owned property
on Courtice Road for over 43 years and has never been informed that her land is
wetlands. She indicated that they have a horse track on the property with trees
around it and the trees are the only reason her land is being designated as wetland.
Ms. Reid stated the land is her nest egg and will be totally devalued because of this
restriction. She advised that last week she received notification that her neighbour
wanted to add a deck, but was never notified of the significant issue that her land
would be seized, noting it was only through the efforts of a few people that this was
brought to her attention. Ms. Reid appealed to Council to protect property owners'
rights, to fight for their efforts and to consider how they would feel if the majority of
their property was taken without any reason.
Council Meeting Minutes - 11 - May 16, 2011
Frank Scovino was called but was not in attendance.
Resolution #C-256-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT Council recess for ten minutes.
,,CARRIED"
The meeting reconvened at 9:31 p.m.
COMMUNICATIONS
Resolution #C-257-11
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 - 7, 1 - 8 and I - 10.
"CARRIED"
1 - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated April 12, 2011.
1 - 2 Minutes of the Newcastle Community Hall Board dated April 26, 2011.
1 - 3 Jeany Barrett, President, Newcastle Horticultural Society, expressing
appreciation to Council for support received to date on the Newcastle
Heritage Garden Project; announcing they have received a grant in
the amount of $123,4000 from the Trillium Foundation to help with
revamping of the gardens; and, advising that fundraising events are
planned for the next year to accomplish their goal of $75,000.
1 - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on April 27, 2011, Regional Council adopted the
following resolution pertaining to the Sign Recycling Program:
"a)THAT the election sign recycling trial program implemented for the
2010 Municipal Elections be extended and expanded to include
Federal/Provincial election signs and other recyclable signage,
and staff be authorized to initiate the procurement process
necessary to facilitate competitive bidding and execute the
necessary agreements to fulfill the needs of the Sign Recycling
Program (provided no new net cost to The Regional Municipality of
Durham);
Council Meeting Minutes - 12 - May 16, 2011
b) THAT all candidates participating in the 2011 Federal and
Provincial Elections be advised of the Sign Recycling Program to
encourage their participation; and
c) THAT the 2011 Solid Waste Management Fees and Charges be
amended to reflect no charge for the acceptance of recyclable
signs."
1 - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on April 27, 2011, Regional Council adopted the
following resolution pertaining to the Quarterly Report on Planning
Activities:
"a) THAT Report #2011-P-34 of the Commissioner of Planning be
received for information; and
b) THAT a copy of Report #2011-P-34 be forwarded to all Durham
Area Municipalities, Durham Regional Police Service, and Durham
Emergency Medical Services for information."
1 - 6 Ian Parrott, P.Eng., Manager, Certificate of Approval Review Section,
Environmental Assessment and Approvals Branch, Ministry of the
Environment, advising that an Information Notice concerning the
Durham York Energy Centre (DYEC) has been posted on the
Province's Environmental Registry on May 6, 2011; indicating that the
purpose of the notice is to solicit public comment on three
applications for Certificates of Approval (CofA) submitted to the
Ministry by the proponents of the facility; advising all comments
received during the 30-day period specified in the notice will be taken
into account during the Ministry's review of the applications; that hard
copies of the CofA applications are available for viewing at the
Ministry of the Environment offices in Ajax and Toronto; and, further
information regarding the initiative is available by contacting Greg
Jenish, Program Support Coordinator at 416-212-6916 or
greg.ien ishp_ontario.ca.
1 - 9 Carol Bailey, President, Orono Horticultural Society, thanking the
Municipality for supporting the Orono Horticultural Society's District 17
meeting hosted on April 30, 2011.
Council Meeting Minutes - 13 - May 16, 2011
1 - 7 Port Hope & District Chamber of Commerce advising of an
Introductory Supplier Seminar offered by the Office of Small and
Medium Enterprises, Public Works and Government Services Canada
on "Helping Businesses Sell to the Government of Canada" on
June 7, 201, at the Idea Hub in Port Hope and highlighting topics to
be covered including what you need to do to become a supplier,
registering your company, searching for opportunities, marketing your
product or service and security clearance requirements. To register
call 905-885-5519.
Resolution #C-258-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item I — 7 from the Port Hope & District Chamber of
Commerce, with respect to an Introductory Supplier Seminar, be received for
information and referred to the Clarington Board of Trade.
"CARRIED"
1 - 8 Mirka Januszkiewicz, Director of Waste Management Services,
Regional Municipality of Durham, providing an update regarding
Durham's "Bag it. Tote it. Recycle it." Project to relaunch the Region's
Multi-residential Recycling Program in 2011; indicating every multi-
residential dwelling unit in the Region receiving Regional solid waste
collection services will receive, free of charge, one reusable tote bag
to carry recyclables featuring colour graphics explaining the program;
and, advising that the delivery of bags and educational material is
scheduled to start in May and continue into the summer months and
that an extensive marketing campaign supporting the roll-out with
news releases, mail out flyers, brochures, website updates and
television interviews began in mid-April.
Resolution # C-259-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Correspondence Item I — 8 from Mirka Januszkiewicz, Director of Waste
Management Services, Regional Municipality of Durham, with respect to
Durham's "Bag it. Tote it. Recycle it." Project, be received for information.
"CARRIED"
Council Meeting Minutes - 14 - May 16, 2011
1 - 10 Bill Robinson, Executive Vice President, Nuclear Refurbishment,
Projects & Support, Ontario Power Generation, extending an
invitation to Members of Council to attend a Community Information
Session on the Environmental Assessment (EA) for the Darlington
Nuclear Generating Station (DNGS) Refurbishment and Continued
Operation Project; indicating the sessions will allow OPG the
opportunity to provide information on the Project, to report on the
environmental baseline studies and to review the preliminary effects
assessment. Each session opens to the public at 5:00 p.m. with OPG
staff on hand to share information, explain the EA studies, answer
questions and discuss next steps followed by a formal presentation at
7:00 p.m. The sessions will be held June 6, 2011 at Garnet B.
Rickard Recreation Complex, June 7, 2011 at Newcastle Community
Hall and June 8, 2011 at Faith United Church.
Resolution #C-260-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 10 from Bill Robinson, Executive Vice President,
Nuclear Refurbishment, Projects & Support, Ontario Power Generation, with respect
to the Darlington Nuclear Generating Station (DNGS) Refurbishment and Continued
Operation Project, be received for information.
"CARRIED"
CORRESPONDENCE FOR DIRECTION
Resolution #C-261-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT Correspondence Items D - 1 to D - 6, and Correspondence Item D - 12 be
approved as per the agenda, with the exception of Correspondence Items D - 2 and
D - 5.
"CARRIED"
Council Meeting Minutes - 15 - May 16, 2011
D - 1 Linda Duffie, Chairperson, Lions Club of Bowmanville Duck Derby,
requesting permission to hold the 16th Annual Duck Derby on June 25,
2011; indicating that the first duck drop will be at 3:00 p.m. with the
second drop at 3:45 p.m. and that they will not require the Clarington front-
end loader. This year the Club will not be hosting the whole family day as
they are going to be serving a pancake breakfast uptown for the BIA.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services
Department)
D - 3 Rizwan Dean Wancho, NFP Group Consultants, requesting an exemption
to the development charges for lots 101 and 102 on Queen Street,
Bowmanville as an intensification project.
(Correspondence referred to staff)
D - 4 Stephen Coupland expressing concern with the Official Plan Amendment
and Zoning By-law application by Newcastle (King) Developments Inc. to
build a grocery store on Part Lot 28, Concession 2, 37 and 45 North Street
and 80, 92 and 100 King Avenue due to traffic increase resulting from the
truck and customer parking lot entrance on North Street; suggesting that
placing a huge single use building in the downtown core seems short-
sighted as with growth expected for the area, it is possible that the grocery
store could decide to move leaving the building empty, highlighting issues
brought to his attention while canvassing including the lack of
understanding and awareness the general public has about the plan and
how the process does not seem to put the concerns of the public first, the
lack of confidence and trust in the politicians and the system, and the type
and amount of information made available to the public and used to make
decisions; listing specific concerns regarding the site including lighting,
noise, traffic; forwarding a petition containing 49 signatures in opposition
to the application; and, urging Council not to approve the application at
that location.
(Correspondence referred to the Director of
Planning Services)
D - 6 John Puddicombe and Arlene Merkley, submitting a petition requesting
Council not to extend George Reynolds Drive and to protect areas that
should be recognized as very important for sustaining health and safety
and air and water quality; and, requesting that Council support the views
of the residents and not approve development at least within the
Provincially Significant Wetlands, the areas of Natural Scientific interest,
and ANSI, according to the Provincial Policy Statement.
(Correspondence referred to the Director of
Planning Services)
Council Meeting Minutes - 16 - May 16, 2011
D - 12 Bill Robinson, Executive Vice-President, Nuclear Refurbishment, Projects
& Support, Ontario Power Generation (OPG) confirming OPG's interest in
funding the Clarington Municipal Peer Review of the Environmental
Assessment (EA) for Darlington Nuclear Generation Station
Refurbishment and continued Operation Project up to a maximum of
$80,000; indicating that a technical peer review of OPG's draft
environmental impact statement (EIS) and Technical Support Documents
(TSDs) will provide the Municipality with assurance that the EA is
conducted according to current standards and codes of practice and that
the potential effects of the project on the Municipality have been
addressed; and, advising OPG will work with the Municipality to get the
appropriate contractual details in place.
(Correspondence referred to the Director of
Planning Services and the Director of
Engineering Services)
D - 2 Sophia Aggelonitis, Minister Responsible for Seniors, advising each year
the Province celebrates the accomplishments and contributions seniors
make to communities across Ontario through the 2011 Senior
Achievement Award Program; indicating this year, the Senior
Achievement Award will highlight the significant voluntary and professional
achievements made by individuals after they have reached the age of 65;
encouraging Council to nominate a deserving senior; and, advising online
nomination forms and information outlining details of the program, the
selection criteria and procedures are available at
www.ontario.ca/honoursandawards. The deadline for nomination is
June 15, 2011.
Resolution #C-262-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT Correspondence Item D — 2 from Sophia Aggelonitis, Minister Responsible for
Seniors, with respect to the 2011 Senior Achievement Award, be referred to the
Municipal Clerk to place information on the municipal website and to the Clarington
Older Adult Association.
"CARRIED"
D - 5 Grant Algar, expressing concern that the new wetland designation placed
on two gravel pits located in the middle of his farmland will affect the value
of the land.
Council Meeting Minutes - 17 - May 16, 2011
Resolution #C-263-11
Moved by Councillor Neal, seconded by Councillor Novak
THAT Correspondence Item D — 5 from Grant Algar, with respect to Official Plan
Amendment #80, be referred to the Director of Planning Services.
"CARRIED"
D - 7 Jay Palmer requesting an exemption to the provision of the Responsible
Pet Owners' By-law regarding the three dog limit; indicating that both he
and his wife each had two dogs before they were married in 2010, two
Basset hounds, a bulldog and a pug and that each animal is an important
part of their blended family; advising that all four dogs have been licensed
through the vet and that he does not wish to get any more dogs if the
request is granted; and, that due to one noise complaint, he is now faced
with choosing which member of the family must go.
Resolution #C-264-11
Moved by Councillor Hooper, seconded by Councillor Traill
THAT the request from Jay Palmer for an exemption to the provision of the
Responsible Pet Owners' By-law regarding the three dog limit be approved,
providing that all his dogs are licensed.
"CARRIED"
D - 8 Charlene Watson, Acting EA to the CAO & Clerk, Town of Amherstburg,
advising Council that on April 18, 2011, the Town of Amherstburg adopted
the following resolution pertaining to Nuclear Reactor Program:
"THAT Council oppose the shipment of radioactive materials from the
Canadian Nuclear Safety Commission (CNSC) to ship 16 radioactive
steam generators through the Great Lakes to the St. Lawrence Seaway to
Sweden;
THAT the resolution be forwarded to County Council for support;
AND FURTHER THAT the resolution be forwarded to other municipalities
in Ontario for support."
Council Meeting Minutes - 18 - May 16, 2011
Resolution #C-265-11
Moved by Councillor Neal, seconded by Councillor Woo
THAT the resolution from the Town of Amherstburg, with respect to the Nuclear
Reactor Program, be received for information.
"CARRIED"
D — 9 Linda J. Laliberte, CGA, CAO/Secretary-Treasurer, Ganaraska Region
Conservation Authority, advising that the Trent Conservation Coalition
Source Protection Committee has formed Municipal Working Groups
based on Conservation Authority boundaries; indicating that the
Municipality of Clarington is part of the Municipal Working Group for the
Ganaraska Region and as such is required to appoint one member to the
Trent Conservation Coalition Source Protection Committee; advising that
the previous representative has retired and a new municipal
representative must be selected; and, advising that Rob Franklin,
Manager of Planning Services, Town of Cobourg was nominated to
represent the municipalities of the Ganaraska Region Municipal Working
Group on the Trent Conservation Coalition Source Protection Committee.
The Authority is requesting Council to consider the nomination and if
acceptable, to pass a resolution recommending the appointment of Rob
Franklin to represent Clarington on the Trent Conservation Coalition
Source Protection Committee and to forward Council's response by
May 20, 2011.
Resolution #C-266-11
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Rob Franklin be recommended for appointment on the Trent Conservation
Coalition Source Protection Committee to represent the Municipality of Clarington.
"TABLED"
(See Following Motion)
Resolution #C-267-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the foregoing Resolution #C-266-11 be tabled until the Council meeting of
June 7, 2011.
"CARRIED"
Council Meeting Minutes _ 19 - May 16, 2011
D - 10 Beth Meszaros expressing concern with the lack of regulations governing
the filling in of gravel pits excavated and abandoned prior to 1992;
indicating that this lack of regulation has stymied Conservation Areas and
have perpetrated situations such as the Morgans Road large commercial
fill site; and, requesting Council to lobby the Provincial representative to
enact stronger legislation to assist Conservation Authorities.
Resolution #C-268-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT Correspondence D - 10 from Beth Meszaros, with respect to the lack of
regulations governing the filling in of gravel pits excavated and abandoned prior to
1992, be referred to staff and to the Conservation Authorities; and that a copy be
forwarded to John O'Toole, MPP, Durham.
"CARRIED"
D — 11 Confidential Correspondence from Mayor John Henry, City of Oshawa
regarding ORNGE (Helicopter Air Ambulance).
Resolution #C-269-11
Moved by Councillor Novak, seconded by Councillor Traill
THAT Correspondence Item D - 11 be received for information.
"CARRIED LATER IN THE MEETING"
(See Following Motions)
Resolution #C-270-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Council move into "closed session."
"CARRIED"
The meeting resumed in open session at 10:21 p.m.
The Mayor advised that the closed meeting was held in accordance with Section
239(2) of the Municipal Act, 2001, as amended, in order to receive advice regarding
a matter that is subject to solicitor-client privilege, including communications
necessary for that purpose. He indicated that one item was discussed in "closed"
session in accordance with Section 239(2) of the Municipal Act, 2001 and no
resolutions were passed.
Council Meeting Minutes - 20 - May 16, 2011
Resolution #C-269-11 was then put to a vote and CARRIED.
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report May 9, 2011.
Resolution #C-270-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT the General Purpose and Administration Committee Report of May 9, 2011 be
approved, with the exception of Item #2.
"CARRIED"
Item #2
Resolution #C-271-11
Moved by Councillor Neal, seconded by Councillor Woo
THAT the request of Stan and Sheryl Zuly to use the unopened road allowance
adjacent to their property in Newcastle, be approved;
THAT the final lease between the Municipality of Clarington and Stanley and Sheryl
Zuly for the closed portion of the Bond Street road allowance, as drafted by the
Municipal Solicitor be approved; and
THAT the Mayor and Municipal Clerk be authorized to execute the lease on behalf of
the Municipality.
"CARRIED LATER IN THE MEETING"
(See Following Motions)
Resolution #C-272-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the foregoing Resolution #C-271-11 be tabled until the General Purpose and
Administration Committee meeting of May 30, 2011.
"MOTION LOST'
Council Meeting Minutes - 21 - May 16, 2011
Resolution #C-273-11
Moved by Councillor Novak, 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 regarding a matter that is
subject to solicitor-client privilege, including communications necessary for that
purpose.
"MOTION LOST'
The foregoing Resolution #C-271-11 was then put to a vote and CARRIED.
STAFF REPORT(S)
There were no Staff Reports considered under this Section of the Agenda.
BUSINESS ARISING FROM PROCEDURAL NOTICE(S) OF MOTION
Resolution #C-274-11
Moved by Councillor Partner, seconded by Councillor Hooper
THAT paragraph 7 of Resolution #C-200-11, appointing Councillor Partner as a
Council representative on the Tyrone Hall Board be rescinded.
"CARRIED"
UNFINISHED BUSINESS
There was no Unfinished Business considered under this Section of the Agenda.
BY-LAWS
By-law 2011-058 was received as a Hand-Out.
Resolution #C-275-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2011-056 to 2011-058
2011-056 Being a by-law to amend Zoning By-law 84-63 of the Corporation of
the Municipality of Clarington [2156601 Ontario Inc. (Shoppers
Realty Inc.)]
Council Meeting Minutes - 22 - May 16, 2011
2011-057 Being a by-law to amend By-law 2006-227, a by-law to licence,
regulate and prohibit certain animals or classes thereof within the
limits of the Municipality of Clarington
2011-058 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the Municipality of Clarington
(Halloway Developments Limited and Valiant Rental Properties
Limited); and
THAT the said by-laws be approved.
"CARRIED"
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Councillor Neal questioned the Director of Engineering Services regarding the Trulls
Road reconstruction and the date of the meeting. The Director of Engineering
Services was unable to confirm the date of the meeting but advised the meeting will
look at the ultimate urbanization of Trulls Road, storm sewers and curb and gutter.
The Director of Engineering Services also stated that from a pavement management
perspective, there is no need to address Firner Street.
CONFIRMING BY-LAW
Resolution #C-276-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT leave be granted to introduce By-law 2011-059, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 16t" day of May, 2011; and
THAT the said by-law be approved.
"CARRIED"
Council Meeting Minutes - 23 -
ADJOURNMENT
Resolution #C-277-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the meeting adjourn at 10:45 p.m.
"CARRIED"
MA
May 16, 2011