HomeMy WebLinkAbout06/07/2011 I n Adopted as Amended
1.11111 11
Leading the{('ay Council Meeting Minutes
JUNE 7, 2011
Minutes of a regular meeting of Council held on June 7, 2011 at 7:00 p.m., in the
Council Chambers.
Councillor Partner 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
Director of Operations, F. Horvath
Manager of Development Review, C. Pellarin
Director of Finance/Treasurer, N. Taylor
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no disclosures of pecuniary interest stated for this meeting.
ANNOUNCEMENTS
Councillor Partner announced the following:
• On Wednesday, June 1, 2011, she, along with Mayor Foster and
Councillors Hooper, Novak and Woo, attended the Elected Officials Emergency
Management Seminar, following which she attended the Customer Service
Accessibility Training for staff and Municipal Boards and Committee members.
• On Thursday, June 2, 2011, she attended the Newcastle Chamber of
Commerce Trade Show held at the Newcastle Community Hall showcasing
local businesses.
• On Friday, June 3, 2011, she, along with Councillor Hooper, attended the
Durham Cattlemen's Association Beef BBQ, held at Knox Pumpkin Farm.
Council Meeting Minutes - 3 - June 7, 2011
Councillor Neal announced that he, along with Mayor Foster, Councillor Hooper, and
the Municipal Clerk attended the 2011 EmployABILITY Awards Gala at the Tosca
Banquet Hall. He also announced that Ryan Dus, Holy Trinity Catholic Secondary
School will be presented this evening with the first Ward 1 Local Councillor Holy
Trinity Titan Senior Football Comeback Player of the Year Award.
Councillor Novak announced the following:
• She participated in Tim Horton's Camp Day in Courtice along with local
firefighters.
• Courtice Secondary School celebrated their 50th Anniversary. A
commemorative plaque was installed and a tree was planted as part of the
celebrations.
• She also attended the Elected Officials Emergency Management Seminar.
Mayor Foster extended congratulations to Clarington's youth highlighting their
successes in soccer, lacrosse, football and other sports. He indicated that further
information regarding the Darlington Refurbishment project is available on-line.
Mayor Foster announced that Mosport has been recently sold to Canadian Motorsport
Ventures Ltd. and that Council looks forward to working with the new owners in
continuing to build and maintain the respected reputation established by the Panoz
Motor Sports Group.
Resolution #C-278-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the minutes of a regular meeting of Council held May 16, 2011, be approved.
"CARRIED"
PRESENTATIONS
There were no presentations scheduled for this meeting.
DELEGATIONS
Kerry Meydam addressed Council concerning Item #6 of Report #2 - Report PSD-052-
11, Durham-York Energy from Waste Project Clarington Comments on Certificate of
Approval Application (Air) including the SENES Peer Review. Ms. Meydam indicated
that she supported the report and recommendations made last week regarding
Clarington's comments and requests to the Ministry of the Environment (MOE)
concerning the Certificate of Approval application by Durham/York and Covanta;
however, she is requesting Council to amend the motion to add a request to the MOE
to include continuous monitoring of particulate and organic matter as conditions of the
Certificate of Approval.
Council Meeting Minutes - 2 - June 7, 2011
?
On Saturday, June 4, 2011, she, along with Councillor Hooper, attended Spirit
Day in Tyrone and then attended the 172 Clarington Squadron Air Cadets
Annual Review at the Bowmanville High School.
?
On Sunday, June 5, 2011, she, along with Councillor Hooper, attended the
Union Rod and Gun Club Open House.
?
On Monday, June 5, 2011, she, along with Councillor Hooper, attended the
Ontario Power Generation (OPG) Information Session at the Garnet B. Rickard
Recreation Complex.
st
?
She extended appreciation to the sponsors and volunteers of the 1 Annual “In
the Face of an Angel” Golf Tournament held May 29, 2011 at Cider House Golf
Club which raised $2,200 for ovarian cancer research.
?
She issued a reminder that the Rotary Ribfest will be held this Friday, Saturday
and Sunday and the Rotary Club is looking for Members of Council to volunteer
to do a shift over the weekend.
Councillor Woo announced the following:
?
On Saturday, June 11, 2011, the Annual Spring Food and Wine Festival in
support of Big Brothers and Big Sisters of Clarington will be held at the
Newcastle Community Hall from 12:00 noon to 5:00 p.m. featuring wine and
gourmet foods.
rd
?
On June 25, 2011, the 3 Annual Durham Men’s Walk Against Domestic
Violence will take place during the Fabulous Fifties Festival. The event is held
to increase community awareness of domestic violence in Durham Region, to
raise funds in support of the services provided by Bethesda House, and to give
the “good guys” of Durham Region a chance to speak up and take a stand.
Councillor Traill announced that “Doors Open Clarington” will take place this Saturday,
June 11, 2011, and will showcase various sites including the Visual Arts Centre, the
Soper Creek Trail, the Bowmanville Zoo and St. Marys Cement.
Councillor Hooper announced the following:
th
?
On Sunday, June 5, 2011, the 9 Annual Alfie Shrubb 8K Classic was held.
This year’s run set a new course record of 25 minutes and had the biggest
crowd ever. Funds raised help to support Camp Ooch, a camp for children
with cancer.
?
He also attended “Greek Night” in Newcastle on Sunday evening, a great event
in support of the Hospital Foundation.
?
On Monday, June 6, 2011, he represented the Municipality at the Terry Fox
th
Team Appreciation Luncheon. The Clarington site placed 9 out of all of
Ontario raising over $82,000 for cancer research and Team Clarington finished
th
in 6 place out of 32 teams registered at the Clarington Site.
Council Meeting Minutes - 4 - June 7, 2011
Ms. Meydam highlighted the importance of monitoring the annual PM2.5 exposures
th
not just the 24-hour level measured in the EA study as the 98 24-hour measurement
is 28.6 which is very close to the Canada Wide Standard of 30 micrograms per cubic
metre. Ms. Meydam referenced the Ontario A-7 Guidelines for air pollution control,
design and operation guidelines for municipal energy-from-waste treatment facilities
which lists parameters that will be considered for continuous monitoring including
organic and particulate matter as well as other metals and pollutants. She noted the
Ministry encourages the use of high sensitivity continuous particulate matter
monitoring systems over opacity monitoring since particulate emissions have a direct
environmental impact. She expressed concern that the C of A application proposes
opacity monitoring only. Ms. Meydam stated that she, along with others, believes it is
critical that comments include a request to the Ministry to include continuous
monitoring of organic and particulate matter in the Certificate of Approval.
Ms. Meydam feels that such request would be in keeping with the Host Community
Agreement and feels that if Clarington is going to be forced to host the waste
incinerator, then residents want it to be made to be as safe and low-polluting as
possible. Ms. Meydam reiterated the importance of the role of Council to get the best
deal possible for Clarington and urged Council to ask the Ministry to include
continuous monitoring of particulate matter and organic matter as conditions in the
Certificate of Approval to be used for compliance verification as well. Ms. Meydam
th
advised that as a result of the EBR website being unavailable on June 5, she wrote
to the Ministry requesting the deadline for comments be extended, noting the Ministry
has complied with her request and has extended the comment period until June 9,
2011. Ms. Meydam also spoke briefly to the Addendum to Report PSD-052-11
suggesting that Council approve the original motion recommended by the General
Purpose and Administration Committee and not support the addendum.
COMMUNICATIONS
Resolution #C-279-11
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 - 13 and I - 14.
“CARRIED”
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated May 10, 2011.
I - 2 Minutes of the Ganaraska Region Conservation Authority dated April 21,
2011.
I - 3 Minutes of the Clarington Agricultural Advisory Committee dated May 12,
2011.
Council Meeting Minutes - 5 - June 7, 2011
I - 4 Minutes of the Clarington Accessibility Advisory Committee dated May 4,
2011.
I - 5 Minutes of the Clarington Abandoned Cemeteries Board dated May 10,
2011.
I - 6 Minutes of the Central Lake Ontario Conservation Authority dated May 17,
2011.
I - 7 Minutes of the Durham Nuclear Health Committee (DNHC) dated April 15,
2011.
I - 8 John R. O’Toole, MPP, Durham, thanking Council for advising him of the
Municipality’s support of the extension of Highway 407 eastward to
Highway 35/115 in a single phase; indicating that he endorses the
resolution and will continue to do all that he can to support local residents,
the business community and Municipal Councils who understand the
importance of completing the highway in accordance with the original
federal/provincial FLOW Agreement; and, forwarding a copy of
correspondence he has sent to the Premier of Ontario regarding
Clarington’s position and requesting a copy of the Premier’s response.
I - 9 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on May 18, 2011, Regional Council adopted the following
resolution pertaining to an update on the planned Multi-Residential
Recycling Carts, Tote Bag Distribution and Associated Promotion and
Education Materials:
“a) THAT Report No. 2011-WR-5 of the Commissioner of Works be
received for information; and
b) THAT a copy of Report No. 2011-WR-5 be forwarded to the local area
municipalities for information.”
I - 10 Steve Rohacek, VP, Business Development and Lending, Infrastructure
Ontario, providing an update on the recently announced P3 Canada Fund
Round Three application intake; indicating a comprehensive program
guide is available online describing the types of projects, eligibility and the
process used to identify P3s for support through the program; encouraging
municipalities who are interested in applying to review the guide and to
contact Infrastructure Ontario to discuss their projects with an industry
expert who can provide information on the eligibility of a project and assist
in developing a complete application; and, advising the deadline for
applications for the P3 Canada Fund Round Three is June 30, 2011.
Council Meeting Minutes - 6 - June 7, 2011
I - 11 P. M. Madill, Regional Clerk, Regional Municipality of Durham, forwarding
a certified copy of Regional By-law 33-2011 adopted by Regional Council
on May 18, 2011, being an amendment to the Regional Development
Charges By-law; and, advising that any person or organization may appeal
to the Ontario Municipal Board by filing with the Regional Clerk, a Notice of
Appeal setting out the objection to the by-law and the reasons supporting
the objection on or before June 27, 2011.
I - 12 Shari G. Davis, Executive Director, IDAP Learning Disabilities Association
of Peterborough, thanking Council for the grant they received on behalf of
their Clarington office for the work they do with the Learning Disabled and
those with ADHD.
I - 13 Regional Municipality of Durham Public Notice advising of the completion
of the Municipal Class Environmental Assessment (Class EA) Study to
assess the current shortage of wastewater treatment plant reserve
capacity for Bowmanville; indicating that the project file documenting the
study process, and the technically feasible alternative is available for
viewing at the Regional Clerk’s Department, the Municipal Clerk’s
Department and the Clarington Public Library Courtice Branch or on line at
www.durham.ca/studiesandprojects; and, advising that if concerns
regarding the project cannot be resolved in discussion with the Region of
Durham, a person or party may request that the Minister of the
Environment make an order for the project to comply with Part II of the
Environmental Assessment Act, by June 24, 2011. To obtain further
information or to provide comments, contact Jim McGilton, Manager of
Engineering Planning and Studies, Region of Durham, or Jennifer Haslett,
Manager, Environmental Assessments, The Sernas Group.
Resolution #C-280-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 13 from the Regional Municipality of Durham, with
respect to the Public Notice regarding the Municipal Class Environmental
Assessment – Pumping Station, Forcemain and Gravity Sewer to divert Sanitary
Sewage Flows from Bowmanville to Courtice, be received for information.
“CARRIED”
Council Meeting Minutes - 7 - June 7, 2011
I - 14 Margaret Pak, Transportation Environmental Planner, Ministry of
Transportation (MTO) advising of the completion of the detail design for
the removal of the Highway 401/CNR Subway Bridge structure located in
Oshawa and the Highway 401/CNR Spur Line Bridge structure located in
Clarington; indicating the removal of the bridges will require one
construction season to complete and work is scheduled to start in mid-
June 2011; advising that removal of the CNR Spur Line Bridge deck and
centre pier will require two full directional overnight weekend closures of
Highway 401 for approximately 8 hours (Saturday 23:00 to Sunday 07:00)
with eastbound removals scheduled for June 25 and westbound removals
scheduled for July 9; and, forwarding a copy of the Notice of Construction
for the removal of the bridge structures, highlighting key maps and detour
routes which will be published in Clarington This Week and Oshawa This
Week on June 1 and 2, 2011.
Resolution #C-281-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT Correspondence Item I – 14 from the Ministry of Transportation (MTO), with
respect to the removal of the Highway 401/CNR Subway Bridge structure located in
Oshawa and the Highway 401/CNR Spur Line Bridge structure located in Clarington,
be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-282-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT Correspondence Items D - 1 to D - 7 be approved as per the agenda.
“CARRIED”
D - 1 The Honourable Dr. Eric Hoskins, Minister of Citizenship and Immigration,
inviting nominations for the Ontario Medal for Good Citizenship, a program
established in 1973 to recognize and honour Ontarians, who through
exceptional long-term effort, have made outstanding contributions to life in
their communities. Nomination forms are available on line at
www.ontario.ca/honoursandawards or by contacting the Ontario Honours
and Awards Secretariat. The deadline for submission is August 17, 2011.
(Correspondence referred to the Municipal
Clerk to place information on the Municipal
website)
Council Meeting Minutes - 8 - June 7, 2011
D - 2 Flora and Clifford Curtis requesting permission to hold a fireworks display
in their backyard to close their family reunion on Saturday, July 9, 2011,
and advising that they will notify their immediate neighbours of their plans
and will take all necessary safety precautions to ensure no complications
arise.
(Approved provided the organizers obtain a
fireworks permit from the Municipal Law
Enforcement Division)
D - 3 Ronald St. C. Armstrong, Armstrong Harrison Associates, writing on behalf
of their client Abraham Afana, Abe’s Auto Re-Cycling, with respect to
proposed Official Plan Amendment #77; indicating that the owner will
continue efforts to relocate the business but has previously noted that
certain sections of OPA #77 will make relocation within Clarington
impossible; suggesting a win-win situation for both the owner and the
municipality by inserting a suitably drafted “notwithstanding” clause into
Section 11 of OPA #77; and, requesting Council to direct staff to arrange a
working meeting intended to draft such a clause or other provision in OPA
#77 that will respect the needs of both parties.
(Correspondence referred to the Director of
Planning Services)
D - 4 Cathi Hester, Secretary, Newtonville Town Hall Board, requesting
permission to close Newtonville Mill Street/Church Lane to hold their
annual community barbeque on Saturday, June 18, 2011.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 5 Scott Story, Orono Business Improvement Area, requesting the closure of
Main Street, Orono on Saturday, August 13, 2011, from 8:30 a.m. to 5:00
p.m. for the Orono Antique and Art Show and on Saturday, September 24,
2011, from 8:30 a.m. to 5:00 p.m. for the Orono Chili Cook-Off Event, and
for one sign permit for the Orono Chili Cook-Off event.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department
and correspondence referred to the
Planning Services Department for
consideration of the sign permit)
Council Meeting Minutes - 9 - June 7, 2011
D - 6 Alesha Caldwell, Conservation Outreach Programs Coordinator, Ontario
Federation of Anglers and Hunters, indicating that Ontario Family Fishing
Week is scheduled from July 2 to July 10, 2011, with many fish festivals,
clinics or conservation and educational activities to be held; and,
requesting assistance in publicizing the 2011 Ontario Family Fishing Week
in the Municipality’s calendar of summer events and for July 2 to 10, 2011,
to be declared “Ontario Family Fishing Week”
(Proclaimed and correspondence referred
to the Municipal Clerk to place information
on the Municipal website)
D - 7 Connie Shaw advising Council that on June 11, 2011, “The Motorcycle
Ride for Dad” fundraising event in support of prostate cancer research will
be held with 250 to 300 riders expected to participate; advising of the
planned route commencing at 9:00 a.m. at Clarington Honda and
concluding at approximately 9:30 a.m. at Bowmanville High School with a
poker run to follow throughout Durham Region; and, indicating that the
organizers are in the process of providing the Municipality with a Certificate
of Insurance for the event.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services Department)
D - 8 P. M. Madill, Regional Clerk, Regional Municipality of Durham, advising
Council that on January 26, 2011, Regional Council adopted the following
resolution pertaining to E9-1-1 P.E.R.S. Updated Telephone System Policy
and Procedure Manual:
“a) THAT Appendix ‘A’ of the 9-1-1 Joint Powers Agreement as contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be amended by adding a representative of the EMS/Region of
Durham, and further that the representative be appointed by the
Commissioner & Medical Officer of Health;
b) THAT Appendix ‘A’ of the 9-1-1 Joint Powers Agreement as contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be amended by deleting the words ‘five (5) member Board’
and replacing it with the words ‘seven (7) member Board’ so as to be
comprised of the following:
Representative Appointed By
Regional Council: Regional Council (elected
official)
Police: Police Chief
Fire: Fire Chief’s Committee
Ambulance (Province) Ministry of Health
Council Meeting Minutes - 10 - June 7, 2011
EMS/Region of Durham Commissioner & Medical
Officer of Health
9-1-1 P.P.S.A.P. Manager 9-1-1 Management Board
Regional Council (Staff Member) C.A.O./Region of Durham;
c) THAT Appendix ‘A’ of the 9-1-1 Joint Powers Agreement as contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be amended by inserting the word ‘annual’ in the last
paragraph of Appendix ‘A’ to reflect that the Chairperson be a
representative of either the Police or Fire Agencies on a rotating
annual basis;
d) THAT Appendix ‘B’ of the 9-1-1 Joint Powers Agreement as contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be amended to reflect the new members of the 9-1-1
Management Board and their contact information;
e) THAT the 9-1-1 Joint Powers Agreement as contained in the E9-1-1
P.E.R.S. Telephone System, Policy and Procedure Manual, as
amended in Appendix ‘A’ and ‘B’ be approved;
f) THAT the Regional Chair and Clerk be authorized to sign the
9-1-1 Joint Powers Agreement, as amended and contained in the E9-
1-1 P.E.R.S. Telephone System, Policy and Procedure Manual; and
g) THAT the 9-1-1 Joint Powers Agreement, as amended and contained
in the E9-1-1 P.E.R.S. Telephone System, Policy and Procedure
Manual be circulated to the Durham Region Police Services Board
and eight area municipalities for approval and signing of same.”
Resolution #C-283-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT the resolution from the Regional Municipality of Durham, with respect to the
E9-1-1 P.E.R.S. Updated Telephone System Policy and Procedure Manual, be
endorsed.
“CARRIED”
Council Meeting Minutes - 11 - June 7, 2011
D - 9 Paul Smeltzer, Chair, 2014 Congress Organizing Committee, Ontario
Public Works Association, advising that on August 17 to 21, 2014, the
Ontario Public Works Association and the City of Toronto will host the
2014 American Public Works Association International Congress and
Exposition where 6,000 public works industry professionals from all over
the world will come together for four days of extensive educational
programming, workshops, expo and networking; identifying two ways in
which municipalities can participate either by permitting staff to act as
volunteers serving on Committees, acting as moderators, providing
direction and serving as Ambassadors to Toronto and Ontario or by
becoming a sponsor for the Ontario Chapter; and, identifying Municipal
recognition based on the Bronze, Silver, Gold and Platinum Sponsorship
Levels of $5,000 to $20,000+.
Resolution #C-284-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Correspondence Item D - 9 from Paul Smeltzer, Chair, 2014 Congress
Organizing Committee, Ontario Public Works Association, with respect to the 2014
American Public Works Association International Congress and Exposition, be
received for information.
“CARRIED”
D - 10 Robert P. MacLean, Clerk-Treasurer, Town of Thessalon, writing to the
Honourable Brad Duguid, Minister of Energy, advising that on May 2,
2011, the Town of Thessalon adopted the following resolution pertaining to
ground mounted solar systems:
“WHEREAS in an effort to maintain the peace, quiet, dignity and desirable
appearance of the municipality, the Council of the Corporation of the Town
of Thessalon passed By-law Number 1774 on March 7, 2011 to amend
Schedule A of By-law Number 1592, being a by-law to establish standards
for the maintenance and occupancy of property in the Town of Thessalon,
to include the following section:
Every person shall keep every front yard free and clear of any equipment
or material relating to Renewable Energy Projects including, but not limited
to, Ground and/or Pole Mounted Solar Photovoltaic(PV)Systems, Wind
Facilities or any other like equipment.
AND WHEREAS Council has received confirmation of an individual’s
intentionto install large ground mounted solar systems on a vacant lot in a
residential area in the municipality;
Council Meeting Minutes - 12 - June 7, 2011
AND WHEREAS the Town of Thessalon has been advised by the Ministry
of Municipal Affairs and Housing that the Green Energy and Green
Economy Act, 2009 made amendments to the Planning Act, most notably
the addition of a new section 62.0.2 which exempts renewable energy
projects from most land use planning instruments under the Planning Act,
including municipal official plans and zoning, site plan control, interim
control and holding by-laws, thus eliminating the need for a property owner
proposing a renewable energy project to seek an official plan amendment
or a change to a zoning by-law, among other matters;
AND WHEREAS Council recognizes the importance of the Green Energy
and Green Economy Act, 2009, Council is sensitive regarding the impact
such installations will have on adjacent property owners who will be in
extremely close proximity to such proposed solar systems;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the Town of Thessalon hereby petitions the Government of
Ontario through the Minister of Energy and Infrastructure to reconsider the
provisions of the Green Energy and Green Economy Act, 2009 and to
address the provisions having regard for the negative impact created by
the installation of ground mounted solar systems within residential and
commercialareas in municipalities;
AND FURTHER THAT a copy of this resolution be forwarded to the
Association of Municipalities of Ontario, the Federation of Northern Ontario
Municipalities and to all municipalities in the Province of Ontario for
endorsement.”
Resolution #C-285-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the resolution from the Town of Thessalon, with respect to ground mounted
solar systems, be referred to staff for review and report.
“MOTION LOST”
Resolution #C-286-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the resolution from the Town of Thessalon, with respect to ground mounted
solar systems, be endorsed.
“CARRIED”
Council Meeting Minutes - 13 - June 7, 2011
D - 11 Marolyn Morrison, Mayor, Town of Caledon, Chair, Greater Toronto
Countryside Mayors Alliance, writing to the Honourable Rick Bartolucci,
Minister of Municipal Affairs and Housing, advising that on April 15, 2011,
the Countryside Mayors Alliance adopted the following resolution
pertaining to provision of cemeteries:
“WHEREAS municipalities require cemeteries and municipal public service
facilities to support their residential and business constituents;
AND WHEREAS cemeteries and municipal public service facilities must be
provided in proximity to the residents and businesses they are designed to
serve;
AND WHEREAS cemeteries and municipal public service facilities may not
be compatible with or cannot be reasonably established in existing
“settlement areas” within the municipality;
AND WHEREAS the ability to expand settlement areas is constrained by
Provincial Plans such as the Greenbelt Plan, the Oak Ridges Moraine
Conservation Plan, the Niagara Escarpment Plan and the Places to Grow
Plan;
THEREFORE BE IT RESOLVED that the Greater Toronto Countryside
Mayor’s Alliance request that, within the five year review of the Provincial
Policy Statement, the Ministry of Municipal Affairs and Housing revise
Section 2.3.5 “Removal of Land From Prime Agricultural Areas” to allow for
the provision of cemeteries and municipal public service facilities on prime
agricultural areas outside settlement areas.”
Resolution #C-287-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT the resolution from the Greater Toronto Countryside Mayors Alliance, with
respect to provision of cemeteries, be endorsed.
“CARRIED”
D - 12 Martin de Rond, Director of Legislative & Information Services/Town Clerk,
Town of Ajax, advising Council that on May 9, 2011, the Town of Ajax
adopted the following resolution pertaining to Regional Council
Representation:
“WHEREAS a comprehensive review of the composition of Regional
Council was last undertaken in 1996 with the establishment of a Regional
Restructuring Committee;
Council Meeting Minutes - 14 - June 7, 2011
WHEREAS the Committee consisted of the Regional Chair and one
member of Regional Council appointed by each area municipality and a
representative from the Ministry of Municipal Affairs and Housing;
WHEREAS the Regional Clerk’s Department presented information during
the April 27-29, 2011 Special Council Meeting that demonstrated
inequitable citizen representation amongst the five urban Lakeshore
municipalities;
AND WHEREAS changes to the composition of Regional Council may
necessitate changes to lower-tier Council composition and ward
boundaries;
NOW THEREFORE BE IT RESOLVED:
1. THAT a Council Composition Review Committee be established and
comprised of the Regional Chair and the Mayor’s, or Council
Designates, from each lower-tier municipality to address the issue of
fair and equitable representation among the Lakeshore municipalities
based on the understanding:
i. The size of Regional Council remain at a maximum of 28
members plus the Regional Chair; and,
ii. The three northern municipalities continue to be represented by
two representatives each.
2. THAT to allow lower-tier municipalities to complete their own reviews
and approve Council composition and/or boundary changes by
December 31, 2013 in order that all desired changes will be in effect
for the 2014 regular elections, the Committee will report its findings
to the Council of the Regional Municipality of Durham no later than
December 31, 2011; and
3. THAT the Region adopt a policy requiring a substantive review of
Council representation and composition immediately following the
publishing of the comprehensive national census population statistics
every ten years, such next review to take place by December 31,
2021.”
Council Meeting Minutes - 15 - June 7, 2011
Resolution #C-288-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT the resolution from the Town of Ajax, with respect to Regional Council
Representation, be received for information.
“CARRIED”
D - 13 Raymond Benns, Chair, Ganaraska Region Conservation Authority,
advising Council that on May 19, 2011, the Board of Directors adopted the
following resolution pertaining to large commercial fill operations:
“WHEREAS Conservation Authority regulations in Ontario apply to “other
areas” (within 120 metres) of wetlands; and
WHEREAS “other areas” are only regulated if development in these areas
could interfere with the hydrologic function with the wetland; and
WHEREAS the Section 142(8) of the Municipal Act exempts a landowner
of the requirements of a Municipality’s site alteration
by-law, if a Conservation Authority has a regulation in effect;
WHEREAS the Conservation Authority regulations require an applicant to
submit “A complete description of the type of fill proposed to be placed or
dumped”; and
WHEREAS it is beyond the resource capacity and scope of CA regulations
to effectively deal with, large scale commercial fill operations; primarily with
respect to the sources and quality of material they import;
WHEREAS it is the position of the MOE that the regulation of fill sites; or
filling activity is not addressable through its legislation;
BE IT RESOLVED THAT the Ganaraska Region Conservation Authority
request Conservation Ontario engage the Provincial government to
develop and implement legislation to effectively deal with large scale
commercial fill operations; and
FURTHER THAT the Full Authority forward this motion to local MPs and
MPPs and to the watershed municipalities, requesting the municipalities
engage the Association of Municipalities of Ontario (AMO) to also work
towards addressing concerns regarding large commercial fill operations.”
Council Meeting Minutes - 16 - June 7, 2011
Resolution #C-289-11
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the resolution from the Ganaraska Region Conservation Authority, with respect
to large commercial fill operations, be endorsed.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report May 25, 2011.
Resolution #C-290-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of May 25, 2011 be
approved.
“CARRIED”
Report #2 - General Purpose and Administration Committee Report May 30, 2011.
Resolution #C-291-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of May 30, 2011 be
approved, with the exception of Items #2, #6, #8, and #11.
“CARRIED”
Item #2
Resolution #C-292-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-048-11 be received;
THAT whereas, given the circumstances that servicing of the property is not
guaranteed to be completed within three years, the draft approved Plan of Subdivision
until August 19, 2017 be approved;
THAT the by-law authorizing entering into a Subdivision Agreement between the
Owner of the lands and the Municipality of Clarington be approved as contained in
Attachment 3 of Report PSD-048-11;
Council Meeting Minutes - 17 - June 7, 2011
THAT a copy of Report PSD-048-11 and Council’s decision be forwarded to the
Region of Durham Planning Department and the Municipal Property Assessment
Corporation (MPAC); and
THAT all interested parties listed in Report PSD-048-11 and any delegations be
advised of Council's decision.
“CARRIED AS AMENDED”
(See following motion)
Resolution #C-293-11
Moved by Councillor Woo, seconded by Councillor Traill
THAT the foregoing Resolution #C-292-11 be amended by replacing Paragraph 2 with
the following:
“THAT, in consideration of the servicing constraints for the lands, the draft
approval of Subdivision S-C-2007-001 be extended for six (6) years, until
August 19, 2017.”
“CARRIED”
Resolution #C-292-11 was then put to a vote and CARRIED AS AMENDED.
Item #6
Resolution #C-294-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT Item #6 of Report #2 - Durham-York Energy From Waste Project Clarington
Comments on Certificate of Approval Application (Air) be tabled to the General
Purpose and Administration Committee meeting of June 13, 2011.
“CARRIED”
Item #8
Resolution #C-295-11
Moved by Councillor Neal, seconded by Councillor Novak
THAT Report EGD-023-11 be received;
THAT Council authorize the Mayor and Clerk to execute the Gift Agreement between
Hydro One and the Municipality; and
Council Meeting Minutes - 18 - June 7, 2011
THAT interested parties be notified of Council’s decision.
“CARRIED”
Item #11
Resolution #C-296-11
Moved by Councillor Partner, seconded by Councillor Woo
THAT Staff be directed to review the current Noise By-law 2007-071 and, where
appropriate, update the language and provisions of the By-law as they relate to the
regulation of noise coming from shooting ranges within the Municipality.
“CARRIED”
STAFF REPORT(S)
There were no staff reports considered under this section of the Agenda.
BUSINESS ARISING FROM PROCEDURAL NOTICE(S) OF MOTION
There was no business arising from Procedural Notices of Motion considered under
this section of the Agenda.
UNFINISHED BUSINESS
1. Resolution #C-266-11 – Recommendation for Appointment of Rob Franklin to
the Trent Conservation Coalition Source Protection Committee (Tabled at the
Council Meeting of May 16, 2011)
Resolution #C-297-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Resolution #C-266-11 be lifted from the table.
“CARRIED”
Resolution #C-298-11 (Resolution #C-266-11 from May 16, 2011)
Moved by Councillor Neal, seconded by Councillor Partner
THAT Rob Franklin be recommended for appointment on the Trent Conservation
Coalition Source Protection Committee to represent the Municipality of Clarington.
“CARRIED”
Council Meeting Minutes - 19 - June 7, 2011
BY-LAWS
Resolution #C-299-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2011-060 to 2011-062; and
2011-060 Being a by-law to authorize entering into an Agreement with the
Owner(s) of Plan of Subdivision S-C-2007-0001 and any Mortgagee
whom has an interest in the said lands, and the Corporation of the
Municipality of Clarington in respect of S-C-2007-0001
2011-061 Being a by-law to amend Sign By-law 2009-123, as amended of the
Municipality of Clarington
2011-062 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; 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
Resolution #C-300-11
Moved by Councillor Neal, seconded by Councillor Novak
THAT the Rules of Procedure be suspended to allow for the introduction of a motion
of new business.
“CARRIED”
Council Meeting Minutes - 20 - June 7, 2011
Resolution #C-301-11
Moved by Councillor Neal, seconded by Councillor Novak
THAT an exemption to the Exotic Pet By-law 93-161 be provided to the Samuel
Wilmot Nature Area Management Advisory Committee to allow for a Birds of Prey
presentation to be held on Saturday, June 18, 2011, at the Wilmot Nature Area.
“CARRIED”
Councillor Partner advised of the disrepair of the roads at the Bowmanville Cemetery
and suggested that Members of Council take a tour of the Cemetery. She will bring
this up at the next General Purpose and Administration Committee meeting.
Councillor Traill requested clarification on the deadline for submission of comments to
the Certificate of Approval application for the Energy-From-Waste facility. Mayor
Foster clarified that the submission deadline has been extended until Thursday, June
9, 2011. The Director of Development Review advised that the Ministry has received
the Peer Review Consultant’s report but would not have a Council endorsement.
Councillor Hooper advised of significant issues in the downtown core regarding power
outages and requested that the matter be investigated with Veridian. Mayor Foster
and Councillor Novak indicated that any time problems are experienced with Veridian,
they can investigate on behalf of Members of Council.
Councillor Neal questioned whether direct Election of the Regional Chair will be
reviewed as part of the Report on Regional Council representation on the Regional
Council Agenda tomorrow. Mayor Foster clarified that they are two distinct issues and
a separate report would be coming back to Regional Council on the direct election of
the Regional Chair.
Councillor Partner indicated that she has received 153 e-mails with respect to the
Morgan’s Road issues and wanted to relay to residents that Council and staff are
working diligently on the matter.
CONFIRMING BY-LAW
Resolution #C-302-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2011-063, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 7 day of June, 2011; and
Council Meeting Minutes - 21 - June 7, 2011
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-303-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the meeting adjourn at 8:30 p.m.
"CARRIED"
AniffiALP
Sli
MIDI 'A ' LERK