HomeMy WebLinkAbout06/20/2011®n n
Leadingdie y Council Meeting Minutes
JUNE 20, 2011
Minutes of a regular meeting of Council held on June 20, 2011 at 7:00 p.m., in the
Council Chambers.
Councillor Traill led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper, attended until 9:55 p.m.
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
Manager of Purchasing, J. Barber
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Manager of Communication and Marketing, J. Cooke, attended
until 7:30 p.m.
Deputy Treasurer, L. Gordon
Director of Operations, F. Horvath
Administrative Co- Ordinator, H. Keyzers, attended until 7:28 p.m,
Manager of Development Review, C. Pellarin
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.
ANNOUNCEMENTS
Councillor Novak announced that she attended the following events:
The Visual Arts Centre for Recognition of the Ontario Trillium Foundation
Donation. Councillors Woo, Hooper and Neal were also in attendance.
The Durham Strategic Energy Alliance Annual General Meeting. Mayor Foster
was also in attendance.
Council Meeting Minutes - 2 - June 20, 2011
• The Clarington Older Adult Association Annual Picnic. Councillor Hooper also
attended.
• A Fundraiser for the United Way
Councillor Novak also announced that the 2011 Regional Services and Property Tax
Update Brochure is in the mail.
Councillor Traill announced that she attended the Samuel Wilmot Nature Area on
Saturday for the Birds of Prey Presentation. Councillor Hooper was also in
attendance.
Councillor Partner announced the following:
• She attended the Newtonville Community Hall barbeque on Saturday
• There was a Fathers' Day Pancake Breakfast at the Kendal Community Hall.
Councillor Woo was also in attendance.
• Prior to Council this evening, she attended the public meeting for the Hybridyne
Power Generation Corporation for the renewable energy project in Brownsville.
• This Sunday, the first Music in the Park Concert Series starts in Newtonville.
Councillor Hooper announced the following:
• He attended the Clarington Older Adult Association Picnic and extended
appreciation to the surrounding neighbourhood.
• On Thursday, he along with Councillor Woo, attended a retirement event for
Rob Payne who will be retiring with over 35 years of service to the Municipality.
• On Friday he attended the Municipal Staff Appreciation Barbeque.
• He attended the groundbreaking ceremony for the Aspen Springs New Medical
Centre at Hartwell and Durham Road #57.
• "Summerfest" takes place this weekend in downtown Bowmanville.
Councillor Hooper noted that this will be the 60th Anniversary for the Sidewalk
Sale with lots of bargains and entertainment.
Councillor Woo announced the following:
• On Thursday, June 23, 2011, the Orono Horticultural Society will be celebrating
their 90th Anniversary. There will be a June Flower Show and history lesson
with Charles Tawes at the Orono United Church at 7:00 p.m.
• The Gathering Grannies will host a Lakeshore Garden Tour in Bondhead on
June 25th from 9:00 a.m. until noon with all proceeds in support of the Stephen
Lewis Foundation which supports projects in Africa to help millions of children
orphaned by AIDS.
• The 16th Annual Lions Club of Bowmanville Duck Derby takes place during
"Summerfest".
• The "Walk a Mile in Her Shoes" event takes place on June 25th. Councillor
Woo stated that there are still some red high heels available.
Council Meeting Minutes - 3 - June 20, 2011
Mayor Foster announced the following:
• He, along with Councillor Woo and Councillor Hooper, attended the 50th
Anniversary of Van Belle Flowers and Garden Centre.
• He attended a celebration recognizing Emergency Personnel who have used
defibrillation equipment, noting the survival rate has doubled.
• The "Relay for Life" will take place on Friday night at Clarington Central
Secondary School.
• He will be participating in the "Walk a Mile in Her Shoes" event on Saturday,
June 25th
• On June 23, 2011, the Law Enforcement Torch Run for Special Olympics will
pass through the Municipality. The run starts in Oshawa and finishes in
Newcastle.
• Mayor Foster extended appreciation to Mosport for donating tickets to the
raceway for the Annual Staff Appreciation Barbeque.
Resolution #C- 304 -11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the minutes of a regular meeting of Council held June 7, 2011, be approved
with the following amendments:
"THAT the words `where he was the recipient of an Award' be deleted from the
first sentence on Page 3; and
THAT the words `Senior Football' be inserted after the word `Titan' and the
words, `Player of the Year' be inserted after the word `Comeback' in the second
sentence on Page 3 ".
"CARRIED"
PRESENTATIONS
Mayor Foster welcomed students, parents and the public to the presentation of the
Tenth Annual "Awards for Academic Excellence ", a program developed in 2001 to
recognize students from Clarington's local elementary and secondary schools. Mayor
Foster indicated that local elementary and secondary schools were asked to submit a
name of a graduating student who, in their opinion, has demonstrated academic
excellence combined with a commitment to leadership and community service and
tonight Council is pleased to recognize these students from the schools in the
Municipality of Clarington. Mayor Foster indicated that the awards consist of a
permanent plaque for each of the schools that are participating in the program with the
name of the student engraved on the school's permanent plaque. All of the schools
that participated in 2010 have already received their permanent plaques.
Council Meeting Minutes - 4 - June 20, 2011
Mayor Foster advised that each student is also being presented with a personal
framed certificate and as a further commitment to Council's recognition of local
students, secondary students who are being recognized will also receive a cheque for
$100.00 as a bursary to further their educational pursuits.
Mayor Foster recognized the following students who could not be present due to
conflicting schedules and who will receive their awards during their graduation
ceremonies:
William Jones, Durham Christian High School
Andrew Folkerson, Knox Christian School
Brittany Adams, M.J. Hobbs Senior Public School
Mitchell Hirschfeld, Holy Family Elementary School
Mayor Foster recognized the following elementary students and presented them with
a personal framed certificate:
Christopher Wentland, Bowmanville Senior Public School
Denin Gray, Courtice North Public School
Theo Simantirakis, Dr. Emily Stowe Public School
Taylor McArdle, Dr. G.J. MacGillivray Public School
Jamie Neilson, Dr. Ross Tilley Public School
Kathryn McCoy, Good Shepherd Elementary School
Megan Reis, Harold Longworth Public School
Allison Gram, John M. James Public School
Jessica Cearns, Lydia Trull Public School
Emily Van Grootel, Monsignor Leo Cleary Elementary School
Julia Potts, Mother Teresa Elementary School
Ashlyn Secord, St. Elizabeth Elementary School
Carly Elcome, St. Francis of Assisi Elementary School
Nicole Antaya, St. Joseph's Elementary School
Mitchell Warden, S. T. Worden Public School
Joelle Joncas, The Pines Senior Public School
Annie Barnoski, Vincent Massey Public School
Olivia Villeneuve, Waverley Public School (Olivia's mother accepted
her behalf)
her certificate on
Mayor Foster recognized the following secondary students and presented them with a
personal framed certificate and a bursary cheque:
Leaha Woodbeck, Bowmanville High School
Amy Hutchinson, Clarington Central Secondary School
Sarah Osborne, Clarke High School
Laura Humphreys, Courtice Secondary School
Halyna Polityka, Holy Trinity Secondary School
Pamela Makela, St. Stephens Secondary School
Council Meeting Minutes - 5 - June 20, 2011
Resolution #C- 305 -11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Council recess for five minutes,
MING
The meeting reconvened at 7:33 p.m.
DELEGATIONS
Beth Meszaros addressed Council, on behalf of Clarington Citizens for Clean Water
and Soil ( CCCWS), concerning Items #14 and #17 of Report #1 - Delegation of Ted
Meszaros regarding the Morgan's Road Commercial Fill Operation and Request to the
Ganaraska Region Conservation Authority. Ms. Meszaros indicated CCCWS is a
group of volunteers concerned about the impact of the dumping of fill at 4148 Highway
#2, Newcastle, commonly known as the Morgan's Road site. Ms. Meszaros
highlighted the group's strategic priorities to stop the dumping of uncharacteristic soil,
to advocate for proper testing of the surface water and soil with written public
notification of the results and to ensure that stronger regulations are implemented with
respect to the movement of large amounts of commercial fill. Ms. Meszaros
expressed concern that the soil being brought to the Morgan's Road site is not
characteristic to the area. She stated that although the Ministry of the Environment
(MOE) recommends Table 2 criteria material as appropriate fill, MOE soil tables were
not designed with large commercial fill sites in mind and that Table 2 contains 117
contaminants. Ms. Meszaros stated the MOE has acknowledged that there is
currently no provincial legislation that regulates soil quality used for infilling purposes
other than the soil cannot be hazardous waste and cannot impact water quality off
site. She questioned how material that could potentially have 117 contaminants not
have hazardous waste or not impact water quality off site. Ms. Meszaros referenced
Ganaraska Region Conservation Area (GRCA) Permit #1089, issued on June 30,
2010, and questioned why the Conservation Authority did not revoke or amend the
permit when they realized the permit did not address all the circumstances relating to
large commercial fill sites. Ms. Meszaros indicated that Clarington's elected
representatives need to push the GRCA Board to defer the new permit until all the
pertinent permits, Directives and Orders have been fully resolved and complied with
and can be enforced. Ms. Meszaros also stated that Council needs to send a strong
message to the City of Toronto to advise that Clarington is an unwilling host for their
brownfields. Ms. Meszaros urged Council to continue positive steps in informing the
public and share information to dispel untruths and rumours. She shared quotes of
many local residents who are frustrated with the process and are concerned with the
disruption to their quality of life. Ms. Meszaros stated there needs to be stringent and
effective regulation and monitoring to ensure that all contaminated soil is effectively
treated on site or placed in licensed landfill sites designed to accept dangerous
materials and to close the gap between science and policies.
Council Meeting Minutes - 6 - June 20, 2011
In conclusion, Ms. Meszaros requested Council to support the MOE and the GRCA in
the Environmental Review Tribunal, inform Toronto that Clarington is an unwilling host
for their brownfields, urge the GRCA to defer the permit for the new application until all
pertinent criteria has been met and conditions are enforceable and to do their due
diligence and share information with all the taxpayers in Clarington.
Sherry Ibbotson advised prior to the meeting that she would not be addressing
Council,
Jennifer Thomas -Dobbs was called but was not in attendance.
Hannu Halminen, President, Valleymore Land Corp. addressed Council concerning
Item #1 of Unfinished Business - Report PSD- 054 -11 - Rezoning Application to
Comply with an Ontario Municipal Board Decision ( Valleymore Land Corporation).
Mr. Halminen stated he was in agreement with the staff recommendations that the
bylaw amendment be passed. He stated the project was approved by the Ontario
Municipal Board almost 20 years ago and is in compliance with Provincial Policy
Statement, the Oak Ridges Moraine Conservation Plan, and the Official Plans of both
the Region of Durham and the Municipality of Clarington. He noted the Phase 1
Environmental Site Assessment indicated that there was no evidence of
contamination on the property, an Updated Hydrogeolgical Report was prepared and
is currently being peer reviewed, the Ganaraska Region Conservation Authority has
no objection to the proposed amendment, the Municipality has approved the grading
plans and the Ontario Municipal Board buffer has been provided. Mr. Halminen
requested that Council adopt the Zoning By -law amendments.
Pam Callus addressed Council concerning Item #12 of Report #1 - Report PSD -052-
11 - Durham -York Energy From Waste Project Clarington Comments on Certificate of
Approval Application (Air). Ms. Callus stated that on Saturday, May 14th five
community volunteers conducted an informal survey on behalf of DurhamCLEAR
regarding the incinerator project. Random citizens were surveyed outside of
community centres and shopping malls in Clarington to determine whether citizens
were in favour of the project as indicated in the beginning or whether they are
opposed as was the general impression during the Municipal Elections. The results of
the survey indicated that of those who had an opinion 62% were opposed to the
project and 38% were in support. Ms. Callus stated that she is not representing those
who were opposed but she is addressing Council because of them as they do not
want this project in Clarington. If Clarington has to live with the incinerator, she urged
Council to ensure that it is not at the expense of the health of residents. Ms. Callus
advised that the Municipality already has an air quality problem and that there needs
to be safeguards put in place for this facility to ensure that the air quality doesn't get
any worse. Ms. Callus referenced evidence documenting Clarington's poor air quality
including references to the Environmental Assessment where Clarington's air quality
has been likened to that of Sarnia and Windsor.
Council Meeting Minutes - 7 - June 20, 2011
She stated that air quality is an important component of an ideal community noting
that Clarington ranked 41 out of 180 communities comparing 24 parameters for
municipalities with a population greater than 10,000, but that Clarington ranked 116
out of 180 on the air quality parameter which was determined by parts per million
ozone and suspended fine particulate matter as measured by the National Air
Pollution Surveillance Network. Ms. Callus requested that Council make every effort
to ensure that Report PSD- 052 -11 and the other resolutions recommended by the
General Purpose and Administration Committee be adopted and that consistent,
continuous state -of- the -art monitoring and government enforced operator
accountability be provided for the sake of all Clarington residents, both present and
future.
Ruth Weyrich addressed Council concerning Item #1 of Unfinished Business - Report
PSD- 054 -11 - Rezoning Application to Comply with an Ontario Municipal Board
Decision (Valleymore Land Corporation) indicating that she lives immediately west of
the construction project. Ms. Weyrich stated that she is concerned not only for her
property but for her neighbours because of the wells that will be dug for the project.
Ms. Weyrich stated that there are springs in the southwest corner of the property, east
of her fence line that are bubbling out of the ground all year and the water is very
clean. She advised that because her dam is between 20 -25 feet vertically deep, the
springs that are next door to her are lower than the bottom of her pond. She stated
that Lot 7 is mostly lowland and it is her opinion that there is not enough highland to
put a septic tank there. Ms. Weyrich advised that the entire piece of land on the south
side is all marsh land and very wet and if a septic tank is put in it will naturally run into
the wetland and potentially pollute the watercourse. Ms. Weyrich also indicated that
there are sinkholes and quicksand in the area and urged Council to consider whether
it is appropriate to build on Lot 7.
Victoria Sautner addressed Council concerning Item #17 of Report #1 - Morgan's
Road Commercial Fill Operation — Request to the Ganaraska Region Conservation
Authority. Ms. Sautner indicated that she was addressing Council this evening on
behalf of all the residents of Newcastle who are protesting the dump trucks that travel
through Newcastle to the fill site on Morgan's Road. Ms. Sautner stated that she has
counted 42 dump trucks in one hour travelling at excessive speed through the village
creating a very dangerous and noisy situation. Ms. Saunter advised that every day
she has witnessed trucks travelling in excess of the speed limit, running red lights and
taking over the centre line. She is concerned that someone will get killed and
provided specific incidents in which both drivers and pedestrians have experienced
near misses. Ms. Sautner expressed disappointment that while she has submitted
three road watch reports and called 911 when she has encountered various situations,
law enforcement agencies do not seem to care and nothing has stopped the trucks.
Ms. Sautner shared the frustrations she has heard from many of the area residents.
She stated that if a new permit is issued, the owner should not be permitted to truck fill
through the town. Ms. Sautner expressed concern that students will soon be on
summer vacation and the combination of the students and the dump trucks is an
accident waiting to happen.
Council Meeting Minutes - 8 - June 20, 2011
Ms. Sautner acknowledged that the Municipality is doing all that it can but there are
other routes that these trucks can use to haul fill to the site. Ms. Sautner urged
Council to find a way to deliver a message to the operator to cease and desist trucking
fill through Newcastle and indicated that she has confidence that Council will be able
to affect change on the trucking issue and on the fill operation.
Debra Jefferson addressed Council concerning Item #12 of Report #1 - Report PSD-
052-11 - Durham -fork Energy From Waste Project Clarington Comments on
Certificate of Approval Application (Air). Dr. Jefferson indicated that she has been
involved in the opposition of this project for four years. She noted that on May 25,
2011, the Bowmanville Area Medical Association, representing 47 physicians,
unanimously approved correspondence that was sent to the Ministry of the
Environment during the Certificate of Approval process. Dr. Jefferson stated that
physicians are concerned that ongoing emissions and monitoring parameters as
outlined in the Certificate of Approval are not strict enough. She indicated that
Clarington residents have been promised that the facility would have state -of- the -art
monitoring and stringent regulations and urged that continuous monitoring of
particulate matter be conducted as promised. Dr. Jefferson indicated that other
healthcare organizations are monitoring this process and urged Council to adopt the
recommendations of the General Purpose and Administration Committee to protect
the citizens of Clarington.
Deb Weyrich -Cody addressed Council concerning Item #1 of Unfinished Business -
Report PSD- 054 -11 - Rezoning Application to Comply with an Ontario Municipal
Board Decision (Valleymore Land Corporation). Ms. Weyrich -Cody stated that she
has grave concerns with the assumptions made on the property especially with the lot
on the southwest corner and the one to the immediate north of it. She indicated that
in speaking with Mr. Mcllveen he stated that he had no issues and that approvals
were received by the Regional Health Department and the Ganaraska Region
Conservation Area but that if he were putting the septics into the lots he would use
another type of bedding because it is safer and water would be guaranteed.
Ms. Weyrich -Cody stated the lot on the southwest corner is tilted toward her mother's
dam and that the topographical map provided as part of the Ontario Municipal Board
report shows that the land falls away toward her mother's pond. She stated that the
hydrogeologist has stated that all water would run where the streams are currently
flowing along the south borders of the property but she indicated that is not consistent
with the topographical map. Ms. Weyrich -Cody stated there is a second wetland on
the lot north of Lot 7 that is at the same topographical level as the wetland in the
middle of her mother's property. She stated there is quicksand in that area and that
the previous owner had indicated that he would never build on Lot 7. She also
expressed concern that the entranceway to the proposed development appears to be
on the back side of the downside of a blind spot. Ms. Weyrich -Cody questioned who
would be liable should the watershed be polluted or if excessive runoff and erosion
should occur.
Council Meeting Minutes - 9 - June 20, 2011
Resolution #C- 306 -11
Moved by Councillor Neal, seconded by Councillor Partner
THAT Council recess for 15 minutes.
The meeting reconvened at 9:00 p.m.
COMMUNICATIONS
Resolution #C- 307 -11
Moved by Councillor Traill, seconded by Councillor Partner
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 4 and I - 7.
I - 1 Minutes of the Clarington Museums and Archives Board Committee
dated April 13, 2011.
1 - 2 Minutes of the Clarington Heritage Committee dated May 17, 2011.
1 - 3 Sandra Kranc, City Clerk, City of Oshawa, writing to Martin de Rond,
Town of Ajax, advising that on May 24, 2011, the City of Oshawa
adopted the following resolution pertaining to Regional Council
Representation:
"THAT Ajax Council's resolution requesting Oshawa Council's
endorsement of the establishment of a Council Composition Review
Committee to address the issue of fair and equitable representation
among Durham Region municipalities be received and filed."
1 - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham, writing
to Terry Clayton, Chair, Durham Trail Co- ordinating Committee,
advising that on June 8, 2011, Regional Council adopted the following
resolution pertaining to Durham Trail Co- ordinating Committee
(DTCC) Terms of Reference:
"a) THAT the Terms of Reference for the Durham Trail Co- ordinating
Committee be revised, as outlined in Attachment 1 to Report
#2011 -P -43 of the Commissioner of Planning and Economic
Development; and
Council Meeting Minutes -lo- June 20, 2011
b) THAT a copy of Report #2011 -P -43 be forwarded to the Durham
Trail Co- ordinating Committee and the area municipalities,"
1 - 6 John R. O'Toole, MPP, Durham, forwarding a copy of the Official
Report of Debate (Hansard) for May 16 and May 18, 2011, outlining
his comments regarding the CAA South Central Ontario petition
calling for a portion of the additional HST revenue being collected on
gasoline to be dedicated to transportation infrastructure; indicating
that over 100 municipalities have endorsed the CAA resolution;
advising that he has also submitted a petition to the Legislature
requesting that a portion of the additional HST tax revenue from
gasoline be used for infrastructure and has submitted an Order Paper
to the Minister of Finance seeking details as to where the additional
HST tax revenue will be spent; and, commending Council for their
leadership on the issue.
1 - 4 Brian Goldig, Manager, Physician Advisory Service, The College of
Physicians and Surgeons of Ontario, advising of the Council Award,
an award honouring outstanding physicians who have demonstrated
excellence and come closest to meeting the society's vision of an
ideal physician based on eight "physician roles" identified by
Educating Future Physicians of Ontario; forwarding a nomination form
and eight -point selection criteria; and, indicating the deadline for
receipt of nominations is August 12, 2011.
Resolution #C- 308 -11
Moved by Councillor Woo, seconded by Councillor Hooper
THAT Correspondence Item 1- 4 from Brian Goldig, Manager, Physician
Advisory Service, The College of Physicians and Surgeons of Ontario, with
respect to the Council Award, be referred to the Municipal Clerk to place
information on the municipal website and to Lakeridge Health Corporation.
•0 9
-7 Peter Chackeris, P.Eng., Manager, Major Projects Office, Ministry of
Transportation (MTO), advising that the Ministry of Transportation is
hosting an Open House for the Highway 407 East project on June 29,
2011, at the Oshawa and District Shrine Club, 1626 Simcoe Street
North, Oshawa from 3:00 p.m. to 4:00 p.m. for MPs, MPPs, City
Councillors, Municipal and Agency Staff and from 4 :00 p.m. to
8:00 p.m. for members of the public. The session will facilitate the
exchange of information between study area stakeholders and
members of the project team and will include the project timeline,
procurement process, property issues and other project- related items.
Council Meeting Minutes - 11 - June 20, 2011
Resolution #C- 309 -11
Moved by Councillor Woo, seconded by Councillor Partner
THAT Correspondence Item I - 7 from Peter Chackeris, P.Eng., Manager, Major
Projects Office, Ministry of Transportation (MTO), with respect to the Open
House for the Highway 407 East Project, be referred to the Municipal Clerk to
place information on the municipal website.
- 1
CORRESPONDENCE FOR DIRECTION
Resolution #C- 310 -11
Moved by Councillor Neal, seconded by Councillor Novak
THAT Correspondence Items D - 2 and D - 3 be approved as per the agenda.
-- D
D - 2 P, M. Madill, Regional Clerk, Regional Municipality of Durham,
advising Council that on June 8, 2011, Regional Council adopted the
following resolution pertaining to Area Municipal requests to expand
the Regional Cycling Plan:
"a) THAT the eight area municipalities be requested to provide
updates and suggestions for modifications to the Regional
Cycling Network by September 2011 for input into an updated
Regional Cycling Plan to be considered by Regional Council as
part of the 2012 Business Planning and Budget review;
b) AND FURTHER THAT the eight area municipalities be
requested to consider contacting cycling clubs and individuals of
record to solicit their input on improvements and modifications to
the Regional Cycling Network."
(Correspondence referred to the
Director of Planning Services)
Council Meeting Minutes - 12 - June 20, 2011
D - 3 Iris Almeida -Cote, President and CEO, Canada World Youth, an
organization whose programs are designed to help youth experience
the world for themselves, learn about other cultures and diverse
Canadian communities while developing leadership and
communication skills through volunteer work each year; indicating
that on October 19, 2011, Canada World Youth will celebrate its 40tH
Anniversary which coincides with the 10th Anniversary of the
International Year of Volunteers; and, requesting Council to proclaim
the week of October 17 to 23, 2011 as "Canada World Youth Week
in Clarington ".
(Proclaimed)
D - 1 Garry Crombie, suggesting that the name "Lyle" be considered as a
street name in Bowmanville in recognition of the many members of
the Lyle family who have been volunteer firefighters and of Mr. Lyle
Sr , former Fire Chief.
Resolution #C- 311 -11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item D — 1 from Garry Crombie, with respect to a
suggestion for a street name, be referred to the Director of Planning Services.
"CARRIED"
D - 4 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
writing to David Ullrich, Executive Director, Great Lakes -St.
Lawrence Cities Initiative, advising that on June 8, 2011, Regional
Council adopted the following resolution pertaining to Invasive Asian
Carp Species in Great Lakes:
"a) THAT the following resolution of the Town of Ajax regarding
`Invasive Asian Carp Species in Great Lakes' be endorsed:
`WHEREAS the transfer of invasive Asian Carp (an aquatic
nuisance species) into the Great Lakes poses a significant
threat to the health and welfare of Canadians and Americans;
and
WHEREAS the U.S. Army Corps of Engineers was authorized
by U.S. Congress in 2007 to prevent the movement of aquatic
species between the Mississippi River Basin and the Great
Lakes Basin; and
Council Meeting Minutes - 13 - June 20, 2011
WHEREAS, according to a 2009 Risk Assessment conducted
by the Canadian Department of Fisheries and Oceans, the time
has come to take decisive, co- ordinated actions to protect the
Great Lakes from reaching the avoidable, irreversible ecological
"tipping point" that is anticipated to result from an Asian Carp
invasion; and
WHEREAS a permanent, sustainable solution for the
proliferation of Asian Carp in the Great Lakes Basin requires re-
establishing the hydrologic separation between the Mississippi
River Basin and the Great Lakes Basin to the Greater Chicago
area, as confirmed in Resolution 8 -2010M approved by the
members of the Great Lakes and St. Lawrence Cities Initiative
in 2010; and
WHEREAS the complementary "Statement of Unity" respecting
Asian Carp approved by the members of the Great Lakes and
St. Lawrence Cities Initiative in 2010 established a series of
short term (2010), midterm (2011 -2012) and long term (2013
and beyond) actions; and
WHEREAS the Statement of Unity did not anticipate the need
for and appropriateness of conducting public hearings regarding
Asian Carp as an international pollutant under Section 310(a) of
the Clean Water Act of the U.S.A. to allow citizens and
stakeholders in U.S. and Canadian Great Lakes communities
who are concerned about the impact of an Asian Carp invasion
to provide comments directly to the U.S. Army Corps of
Engineers; and
WHEREAS the above -noted Resolution and Statement of Unity
were endorsed as an expression of shared widespread concern
about the threats that invasive Asian Carp would pose to
ecological conditions, habitat and recreational activities along
Great Lakes and St. Lawrence shorelines and tributaries, yet
Canadian municipalities, stakeholders and citizens have not
been provided with the opportunity to express their concerns
directly to the U.S. Army Corps of Engineers, as the U.S. Clean
Water Act does not require that public hearings be conducted in
Canada or, more specifically, in Ontario and Quebec;
Council Meeting Minutes -14- June 20, 2011
NOW THEREFORE BE IT RESOLVED, that the comments and
recommendations set out in the Toronto and Region
Conservation Authority report entitled "Great Lakes and
Mississippi River Interbasin Feasibility Study- Invasive Asian
Carp Species ", dated April 29, 2011, and the comments of the
Great Lakes United to the U.S. Army Corps of Engineers
( USACE), dated March 31, 2011, regarding the "Great Lakes
and Mississippi Interbasin Feasibility Study" be endorsed;
BE IT FURTHER RESOLVED, that the members of the Great
Lakes -St. Lawrence Cities Initiative, other stakeholders and the
public be afforded an opportunity to convey their views about
the serious adverse impacts of Asian Carp, on recreational
activities and commercial fisheries, as identified by both the
Ontario Government and Environment Canada and valued at
approximately $400 million CDN per year, and other potentially
costly impacts, in a public hearing conducted in Canada
forthwith, and that USACE provide regular opportunities for
discussion about their progress in public forums, at least two
times per year, in Canada;
BE IT FINALLY RESOLVED, that this resolution be sent to the
Board of Directors of the Great Lakes -St. Lawrence Cities
Initiative requesting that said resolution be considered and
approved at the Annual General Meeting being held on June 16,
2011 in Niagara Falls, Ontario, Canada and then sent forthwith
to the U.S. Department of State with a request that Foreign
Affairs host a public hearing in Canada where the U.S. Army
Corps of Engineers team would be invited to hear the
comments of Canadian municipalities, other stakeholders and
members of the public about the impacts of invasive Asian Carp
on shared international waters.'; and
b) THAT a copy of Report #2011 -P -46 of the Commissioner of
Planning and Economic Development be sent to the Town of
Ajax, City of Pickering, Town of Whitby, City of Oshawa,
Municipality of Clarington, Toronto and Region Conservation
Authority, Central Lake Ontario Conservation Authority,
Ganaraska Region Conservation Authority, Great Lakes United
and the Great Lakes — St. Lawrence Cities Initiative."
Council Meeting Minutes - 15 - June 20, 2011
Resolution #C -312 -11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the resolution from the Regional Municipality of Durham, with respect to
Invasive Asian Carp Species in Great Lakes, be endorsed.
"CARRIED"
D - 5 P. M. Madill, Regional Clerk, Regional Municipality of Durham,
writing to David Ullrich, Executive Director, Great Lakes -St.
Lawrence Cities Initiative, advising that on June 8, 2011, Regional
Council adopted the following resolution pertaining to aquatic
invasive species:
"a) THAT the United States and Canadian Authorities work together
to prevent the spread of all aquatic invasive species between the
Great Lakes and Mississippi River basins; and
b) THAT a copy of this resolution be sent to Great Lakes United,
the Great Lakes — St. Lawrence Cities Initiative, Department of
Fisheries and Oceans Canada, Ministry of the Environment,
Area Municipalities and Conservation Authorities."
Resolution #C -313 -11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the resolution from the Regional Municipality of Durham, with respect to
aquatic invasive species, be endorsed.
. • • .
D - 6 Wayne Orr, Chief Administrative Officer, Township of South
Frontenac, writing to the Right Honourable Dalton McGuinty, Premier
of Ontario, advising that on June 7, 2011, the Township of South
Frontenac adopted the following resolution pertaining to limiting
manufacturing and packaging to products that can be recycled:
"WHEREAS the Province has the authority to introduce measures to
control the sale of products in Ontario and whereas the Province has
set waste diversion rates for municipalities, therefore the Township
of South Frontenac requests that the Province introduce legislation
that limits the sale of goods sold in Ontario to those which are
completely recyclable or compostable and packaged in materials that
are completely recyclable or compostable.
Council Meeting Minutes -16- June 20, 2011
FURTHERMORE that this resolution be circulated to other
municipalities for their support."
Resolution #C- 314 -11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the resolution from the Township of South Frontenac, with respect to
limiting manufacturing and packaging to products that can be recycled be
endorsed.
"CARRIED AS AMENDED LATER IN
THE MEETING"
(See following motion)
Resolution #C- 315 -11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the foregoing Resolution #C- 314 -11 be amended by adding the words `in
principle' following the word `endorsed'.
. • •
Resolution #C- 314 -11 was then put to a vote and CARRIED AS AMENDED.
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report June 13, 2011.
Resolution #C- 316 -11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the General Purpose and Administration Committee Report of June 13, 2011 be
approved, with the exception of Items #9, #10, and #12.
Council Meeting Minutes -17- June 20, 2011
Resolution #C- 317 -11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Report CAO- 004 -11 be received;
THAT the Final Draft of the Strategic Plan be approved; and
THAT the CAO provide an annual status report on the progress of the implementation
of the Strategic Plan commencing in mid 2012.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Novak
Councillor Partner
Councillor Traill
Councillor Woo
Councillor Hooper
Councillor Neal
Mayor Foster
Item #12
Resolution #C- 318 -11
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS the Regional Municipalities of Durham and York submitted application on
March 3, 2011 to the Ministry of Environment under Section 9 of the Environmental
Protection Act, O. Reg 419/05, for a Basic Comprehensive Certificate of Approval; and
WHEREAS to demonstrate compliance with air emission, the application submission
was supported by an Emission Summary and Dispersion Modelling (ESDM) Report;
and
WHEREAS the Municipality of Clarington retained SENES Consultants Ltd. to review
the Certificate of Approval Application — Air and the ESDM to ensure that the
conditions set out in the Environmental Assessment Approval and the Host
Community Agreement are appropriately addressed in the Certificate of Approval; and
Council Meeting Minutes - 18 - June 20, 2011
WHEREAS SENES' review of the Certificate of Approval application and the ESDM
identified a number of issues that should be addressed by the Ministry of Environment
in their review and approval of the application;
NOW THEREFORE BE IT RESOLVED:
1. THAT the Report by SENES Consultants Ltd. and all recommendations contained
therein (Attachment 2 of Report PSD- 052 -11) be adopted as the Municipality of
Clarington's comments on the Application for a Certificate of Approval — Air for the
Durham -York Energy from Waste Project;
2. THAT the Municipality of Clarington requests the Ministry of Environment to
include the following as conditions in the Certificate of Approval — Air to be issued
for the Durham -York Energy From Waste Project in order to make them legally
binding:
a) That annual stack testing be conducted as per MOE A -7 Guidelines;
b) That testing be carried out such that the waste stream represents the typica'.
waste composition being fed into the facility;
c) That the performance condition of 9 mg /Rm3 be applicable to total PM2.5
(filterable and condensable) as set out in the conditions of EA approval;
d) That re- modeling be required should the source testing show emission rates
higher than those used in the ESDM;
e) That an AMESA or similar cartridge system be considered to be installed to
continuously sample for dioxins and furans and the frequency of sample
collection and analysis be increased to biweekly;
f) That an AMESA -M or similar cartridge system be considered to be installed
to continuously sample for mercury, and the frequency of sample collection
and analysis be set at biweekly; and
g) THAT high sensitivity continuous monitoring of fine particulate matter and
organic matter be implemented as a fundamental condition of the Certificate
of Approval;
3. THAT the Council of the Municipality of Clarington hereby requests the Ministry of
Environment provide the Municipality with the draft Certificate of Approval — Air for
review and comment; and approval for the issuance prior to issuance of the final
approval not be granted until the Municipality of Clarington has provided comment;
4. THAT at the time of the renewal of the initial Certificate of Approval, 5 years after
commissioning (approximately 2018), there be no "grandfathering" of emission
limits and other relevant conditions so that the relevant standards at that time can
be incorporated;
5. THAT Addendum Report PSD- 052 -11 be received for information;
6. THAT a copy of Report PSD- 052 -11 and Council's decision be forwarded to the
Region of Durham, the Region of York, and the Ministry of Environment;
Council Meeting Minutes - 19 - June 20, 2011
7. THAT all interested parties listed in Report PSD- 052 -11 and any delegations be
advised of Council's decision.
"CARRIED ON THE FOLLOWING
RECORDED VOTE"
Council Member
Yes
No
Declaration of
Pecuniary Interest
Absent
Councillor Novak
Councillor Partner
Councillor Traill
Councillor Woo
Councillor Hooper
Councillor Neal
Mayor Foster
Councillor Hooper stated a pecuniary interest with respect to Item #9 of Report #1 as
he lives on one of the streets scheduled for pavement rehabilitation and left the
Council Chambers during discussion and voting on this matter.
Item #9
Resolution #C- 319 -11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report COD - 020 -11 be received;
THAT Coco Paving Inc., Oshawa, Ontario, with a total bid in the amount of
$1,454,322.37 (net of H.S.T. Rebate), being the lowest responsible bidder meeting all
terms, conditions and specifications of Tender CL2011 -11 be awarded the contract for
Pavement Rehabilitation, Various Locations, as required by the Municipality of
Clarington, Engineering Department;
THAT the funds required in the amount of $1,745,000.00 (which includes
$1,454,322.37 for tendering, design, contract administration and contingencies) be
drawn from the 2011 Engineering Department Capital Account #110-32- 330- 83212-
7401, Pavement Rehabilitation account; and
THAT the Mayor and the Clerk be authorized to execute the necessary agreement.
..•ft I
Councillor Hooper returned to the meeting.
Council Meeting Minutes -20- June 20, 2011
STAFF REPORT(S)
Report LGL- 007 -11 - Update - 4148 Regional Highway 2, Newcastle - MOE Director's
Order under the Environmental Protection Act - Appeal to the Environmental Review
Tribunal
Resolution #C- 320 -11
Moved by Councillor Woo, seconded by Councillor Traill
THAT Report LGL- 007 -11 be received for information.
THAT the Municipal Solicitor be directed to attend the Environmental Review Tribunal
preliminary hearing on July 13, 2011 and main hearing of the appeal of MOE
Director's Order #333- 8FN29D -1 to observe the proceedings and report back to
Council; and
THAT a copy of Report LGL- 007 -11 be forwarded to the Ministry of the environment,
John R. O'Toole, MPP, Ganaraska Region Conservation authority, Ted and Beth
Meszaros, Sherry Ibbotson, Donna Middleton, Carmela Marshall and 1744856 Ontario
Inc.
"CARRIED"
UNFINISHED BUSINESS
1. Report PSD- 054 -11 - Rezoning Application to Comply with an Ontario
Municipal Board Decision (Valleymore Land Corp.) (Tabled at the General
Purpose and Administration Committee Meeting of June 13, 2011)
Resolution #C -321 -11
Moved by Councillor Partner, seconded by Councillor Novak
THAT Report PSD- 054 -11 - Rezoning Application to Comply with an Ontario
Municipal Board Decision (Valleymore Land Corp.) be lifted from the table.
"CARRIED"
Council Meeting Minutes -21 - June 20, 2011
Resolution #C- 322 -11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Report PSD -054 -11 be received;
THAT provided there are no significant issues raised at the Public Meeting, the
application to amend Zoning By -law 84 -63 and Zoning By -law 2005 -109 to allow for
the development of six (6) residential lots previously approved by the Ontario
Municipal Board (OMB) be approved and that the proposed Zoning By -law
Amendment contained in Attachment 6 and Attachment 7 to Report PSD- 054 -11 be
passed;
THAT a copy of Report PSD -054 -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- 054 -11 and any delegations be
advised of Council's decision.
"CARRIED AS AMENDED"
(See following motion)
Resolution #C- 323 -11
Moved by Councillor Neal, seconded by Councillor Partner
THAT the foregoing Resolution #C- 322 -11 be amended as follows:
THAT the words 'provided there are no significant issues raised at the Public Meeting'
be deleted from the second paragraph; and
THAT the words `subject to a realignment of the EP section for Lot 7 to run parallel
with the northern boundary of Lot 7 if the area that would be lost to the owner as part
of the increased EP area is not required in the owner's septic calculations' be added
to the end of the second paragraph.
. • • 9
Resolution #C- 322 -11 was then put to a vote and CARRIED AS AMENDED.
Council Meeting Minutes -22- June 20, 2011
BY -LAWS
Resolution #C- 324 -11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By -laws 2011 -064 and 2011 -065
2011 -064 Being a by -law to amend By -law 84 -63, the Comprehensive Zoning
By -law for the Corporation of the former Town of Newcastle
(Valleymore Land Corporation) (Item #1 of Unfinished Business)
2011 -065 Being a by -law to amend By -law 2005 -109, the Comprehensive
Zoning By -law for the Corporation of the former Town of Newcastle
(Valleymore Land Corporation) (Item #1 of Unfinished Business);
and
THAT the said by -laws be approved.
• .. __
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Councillor Hooper advised that Municipal Tax Bills are in the mail. The Deputy
Treasurer stated that during the postal interruption, the public may telephone the Tax
Department to find out how much their installment is and that payment can be made in
person at the bank or the Municipal Administrative Centre, through the internet, or
cheques can be dropped in the drop -box after hours.
Councillor Woo stated that the Newcastle & District Chamber of Commerce and the
Clarington Board of Trade are presenting an Introductory Supplier Seminar on Doing
Business with the Government of Canada on June 23, 2011 from 8:00 a.m. to 10:00
a.m. at the Newcastle Community Hall.
Councillor Hooper stated a pecuniary interest earlier in the meeting, refrained from
voting on the Confirming By -law and left the meeting.
Council Meeting Minutes - 23 - June 20, 2011
CONFIRMING BY-LAW
Resolution #C-325-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT leave be granted to introduce By-law 2011-066, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 20t" day of June, 2011; and
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-326-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT the meeting adjourn at 9:56 p.m.
"CARRIED"
M P L CLERK