HomeMy WebLinkAbout09/19/2011
Council Meeting Minutes
SEPTEMBER 19, 2011
Minutes of a regular meeting of Council held on September 19, 2011 at 7:00 p.m., in
the Council Chambers.
Councillor Neal led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal, attended until 10:19 p.m.
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 Transportation and Design, L. Benson
Manager of Internal Audit, C. Carr
Director of Community Services, J. Caruana
Director of Planning Services, D. Crome
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Neal indicated that he would be declaring an interest with respect to
Item #28 of Report #1.
ANNOUNCEMENTS
Councillor Novak announced the following:
She attended the Ontario Philharmonic Orchestra Fundraising event.
She participated in the Terry Fox Run with other Members of Council and
Clarington staff. She expressed appreciation to all, particularly to
Mary Tillcock, Event Organizer.
Council Meeting Minutes - 2 - September 19, 2011
Councillor Neal announced the following:
In August, he attended the groundbreaking ceremony for the Energy-From-
Waste Facility standing with protestors who were exercising their democratic
rights to do so responsibly. Councillor Neal commended Durham Regional
Police Service for handling the situation with professionalism and extended
congratulations to those who took the time to exercise their rights.
He attended the Clarington Blooms Awards Ceremony where Councillor Woo
won the prize for the best floral arrangement.
Councillor Hooper announced the following:
He represented the Municipality at the Business Women's Professional Club
Meeting.
He assisted with the Grand Openings of Dr. Sophia Awadia & Associates
Optometrists and the Bowmanville Hypnosis Connection.
He extended congratulations to Mitchell Heard, a 19-year-old hockey player
from Bowmanville who has been invited to join the Toronto Maple Leafs Rookie
Camp, to Matt Caruana who is currently playing with the Toronto Marlies of the
American Hockey League and to former Mayor, John Mutton, who achieved
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2 place at the National Body Building Championships.
He attended the Euchre Extravaganza at the Clarington Older Adult
Association which was a great success with 46 tables of euchre players.
On Tuesday, September 20, 2011, there will be a televised Provincial Election
Debate at the Hope Fellowship Church from 7:00 p.m. to 9:00 p.m.
Councillor Woo announced the following:
The Visual Arts Centre will be exhibiting “Maison de loup”, the work of Mary
Anne Barkhouse from September 11 to October 4, 2011.
The work of Robert Fisher is on display on the Mezzanine level of the
Clarington Public Library.
On Sunday, September 25, 2011, Trinity United Church will be holding a
reception in honour of Reverend Joe Lefave who is retiring.
Councillor Traill announced the following:
Last Wednesday, she attended the first “Tea in Tyrone”, in conjunction with the
Clarington Older Adults Association and the Tyrone Hall Board.
On Tuesday, September 20, 2011, Bethesda House will host the “Take Back
the Night” Walk in support of a safer community.
Family Safety Day will take place at the Garnet B. Rickard Recreation Complex
on Saturday, September 24, 2011.
There will be a Great Canadian Shoreline Cleanup on Saturday morning.
Council Meeting Minutes - 3 - September 19, 2011
Councillor Partner announced the following:
Last Saturday the Orono Co-op held a “Customer Appreciation Day”.
On Thursday, she golfed to raise money for the Bowmanville hospital.
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She attended Clarington Blooms Awards Ceremony on September 14 and the
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Terry Fox Run on September 18.
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On September 21 the Oddfellow & Rebekah Centre Roof Fundraiserwilltake
place in Orono featuring a complete dinner with homemade pies.
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On Saturday, the Village of Orono will host the 13 Annual Chili Cook-Off and
Pie Contest.
Mayor Foster announced the following:
On August 18, 2011, representatives from Durham Regional Police Service,
Fire and Emergency Services and By-law Enforcement set up a Mobile
Command in Orono as a community outreach initiative.
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On Friday, September 16, Members of Council and staff were encouraged to
dress in their favourite team jerseys. Mayor Foster thanked Councillor Hooper
for dressing in his Clarington golf shirt and jacket.
On October 17, 2011, between 6:00 p.m. and 9:00 p.m. Durham Region will
host a presentation on how to do business with government agencies.
There will be a meeting regarding the Port Hope Area Initiative at the
Newcastle Town Hall on October 20, 2011, from 8:00 a.m. until 10:00 a.m.
Thursday, September 22, 2011, Clarington will host a “Lunch-In” in support of
Feed the Need Durham at the Cenotaph in Bowmanville starting at 11:30 a.m.
The Clarington Eagles Hockey Team home opener is on Sunday,
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September 25 at 6:00 p.m.
Resolution #C-391-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the minutes of a regular meeting of Council held July 18, 2011, the minutes of a
special meeting of Council held July 28, 2011, and the minutes of a special meeting of
Council held September 12, 2011, be approved.
“CARRIED”
PRESENTATIONS
There were no Presentations scheduled for this meeting.
Council Meeting Minutes - 4 - September 19, 2011
DELEGATIONS
Kem Majid, Bowmanville Tennis Club, addressed Council concerning Correspondence
Item D - 12 - Renewal of Lease Agreement. Mr. Majid indicated the Club has a
four-year lease with the municipality that expires on December 31, 2011 and that
without a valid renewal of the lease, the tennis club will not be able to operate. He
advised that in conversation with staff, he was told that they are waiting for
instructions from Council to renew the lease. Mr. Majid stated on August 25, 2011,
the Club sent a letter to the Mayor and Members of Council respectfully requesting
that the lease be renewed. He confirmed the Club did not put any conditions on the
lease renewal as to the term, just a request to renew it.
Lou DeVuono addressed Council concerning Correspondence Item D – 14 - 2012
Heroes Highway Ride & Rally. Mr. DeVuono played a video clip of the 2011 Heroes
Highway Ride where more than 3,000 riders from six Provinces took part in the ride
which culminated in a rally held at the Oshawa Armories. Mr. DeVuono stated it is
expected that participation will continue to grow and that he was here tonight to ask if
Members of Council and the Bowmanville community would consider hosting the 2012
event. Mr. DeVuono displayed a photograph of the Heroes Highway Ride Flag that
was flown at Canada House in Kandahar and also brought the flag with him this
evening.
Michael Sullivan addressed Council concerning Correspondence Item D – 17 -
“Support Our Troops” Banner. Mr. Sullivan stated he was informed that there was
some confusion at the General Purpose and Administration Committee meeting of
September 12, 2011, with respect to a motion to have the banner installed outside his
residence. Mr. Sullivan stated on September 9, 2011, he and his wife met with Mayor
Foster, Councillors Neal and Novak and the Director of Operations regarding the
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banner issue. He provided a chronology of events leading up to the September 9
meeting, indicating that the banner was a gift from former Mayor, Jim Abernethy, and
in previous conversations with the Director of Operations, it was his understanding
that the banner would be erected as soon as the proper hardware was received. In
further discussions with the Director of Operations, Mr. Horvath advised that
Mr. Sullivan’s idea to have Clarington residents who served in Afghanistan recognized
for their service and support displayed would be adopted by Council and that he would
contact the Department of National Defence to obtain the names of those serving from
Clarington. Subsequent to this discussion, Mr. Sullivan was advised that the banner
idea may not be the way the Municipality would recognize the troops. Mr. Sullivan
noted that nothing was ever done and the banner presented to his family was never
erected. He expressed concern that it has been one year since the request was made
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to the Municipality resulting in the meeting of September 9. Mr. Sullivan clarified that
at the meeting, he and his wife expressed their disappointment with the lack of
progress and pointed out that there is clear policy with respect to the “Support Our
Troops” Banner Program and that they made their position clear that they wanted the
banner erected as promised. Further discussion took place at the meeting on how the
Municipality would recognize those who served.
Council Meeting Minutes - 5 - September 19, 2011
Mr. Sullivan stated that regardless of how the Municipality would pay tribute to those
persons, he did not think that decision would nullify their position and at no time did he
or his wife rescind their position to have the banner erected. Mr. Sullivan requested
Council to vote to have the banner erected as promised.
COMMUNICATIONS
Resolution #C-392-11
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 - 7, I - 10, I - 12, I - 14 and I - 16.
“CARRIED”
I - 1 Minutes of the Ganaraska Region Conservation Authority dated June 23,
2011 and July 15, 2011
I - 2 Minutes of the Clarington Agricultural Advisory Committee dated August
25, 2011
I - 3 Minutes of the Clarington Accessibility Advisory Committee dated
September 7, 2011
I - 4 Pam Lancaster, Stewardship Technician, Source Water Protection
Technician/Communications, Ganaraska Region Conservation Authority,
forwarding the April, May, June, July and August, 2011 meeting
summaries for the Trent Conservation Coalition Source Protection
Committee. (Copies attached)
I - 5 Karen Bastas and Canada Day Committee, Newcastle Business
Improvement Association, expressing appreciation to the Municipality for
the grant of $1,000 which was put towards the Canada Day celebrations
in Newcastle on July 1. The event was a great success with the day’s
activities enjoyed by the local community.
I - 6 Joe Comuzzi, P.C., Chair, Canadian Section, International Joint
Commission, Canada and United States, advising of the negotiation of an
update to the Great Lakes Water Quality Agreement, an agreement that
committed Canada and the United States to restore and maintain the
chemical, physical and biological integrity of the Great Lakes basin
ecosystem; indicating that the International Joint Commission is charged
with making a full report to the federal, state and provincial governments;
that the Fifteenth Biennial Report provides 32 recommendations for action
at the federal, state, provincial and local levels of government and focuses
on the need for the two countries to approve an updated Agreement
Council Meeting Minutes - 6 - September 19, 2011
addressing threats to water quality to prevent or reduce impact on human
and ecological health and to help legislatures ensure that resources are
effectively directed to addressing the highest-priority challenges; and,
advising that full copies of the report are available online at www.ijc.org or
may be requested from a Commission office.
I - 8 Durham Regional Police Service forwarding a copy of their 2010 Annual
Report.
I - 9 John R. O’Toole, MPP, Durham, writing to the Honourable Kathleen
Wynne, Minister of Transportation, requesting the Province to reconsider
the current plan to phase the Highway 407 eastward extension; indicating
that terminating Phase One at Harmony Road will have an impact of
approximately $81 million on Clarington roads alone in added costs to the
municipality in addition to the pressures of traffic congestion and safety
concerns for rural communities; and, advising that the timely completion of
Highway 407 eastward to Hwy. 35/115 as planned and documented in the
federal/provincial FLOW agreement remains of paramount importance.
I - 11 Laurie Docimo, Fund Development Manager, Feed the Need in Durham,
expressing appreciation for the grant in the amount of $2,000 which
assists the agency in providing food to over 40 agencies and helping to
improve conditions for families in Durham Region.
I - 13 Louis Bertrand expressing concern that Clarington’s Regional Council
representatives accepted the explanation that further delays to the
incinerator project would increase the cost; suggesting that the public may
never know how much the project really cost in terms of lost opportunities
to bring new and genuinely clean technology businesses to Clarington, of
lowered housing prices and assessments or in additional costs to
infrastructure, or know the health and social effects of the incinerator; and,
indicating that at some point, Clarington Council is going to have to face
the fact that the Host Community Agreement is not a veto on
responsibilities of the municipal government to attend to the economic,
social and environmental well-being of the municipality as well as the
health, safety and well-being of persons, and that it is time that Clarington
took a firm stand against vague threats and called the bluff.
I - 15 Jim Richards, expressing his disappointment with Mayor Foster and
Councillors Novak and Woo for supporting the incinerator in Clarington;
hoping that Councillors Hooper and Partner will stand up and be
accountable for the way they voted in favour of additional monitoring and
to speak for their Ward electorate; and, thanking Councillors Traill and
Neal for standing by their election promises and hoping that they keep up
the good work.
Council Meeting Minutes - 7 - September 19, 2011
I - 7 Dr. Paul André Larose forwarding a published article entitled “Metro
Vancouver’s proposed incinerator might have a nanopollution problem”,
indicating that the article provides a perspective that can help better
appreciate the perils of incineration, references opinions of Dr. Vyvyan
Howard, a nanoparticle expert and Professor of Bioimaging at the
University of Ulster who writes that today’s incinerator filters typically let
through five to 30% of smaller particles under 2.5 microns causing the
worst health damage and allow the majority of the smallest nano-sized
particulates to pass through into the air; that nanoparticulates are even
more toxic than fine particles partly because they have far more surface
area that can react with body tissues than bigger particles of the same
weight; and, suggesting that Dr. Kyle give credence to the findings of
Professor Howard and report accordingly to Regional Council.
Resolution #C-393-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Correspondence Item I - 7 from Dr. Paul André Larose, with respect to health
implications of incineration, be received for information.
“CARRIED”
I - 10 Mayor Linda Thompson, Municipality of Port Hope, writing to Louise
Levert, Secretariat, Canadian Nuclear Safety Commission, reiterating the
Municipality’s support for the Port Granby Project and the Application for
the Waste Nuclear Substance License to be considered by the Canadian
Nuclear Safety Commission at its hearing on September 27, 2011.
Resolution #C-394-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Correspondence Item I - 10 from Mayor Linda Thompson, Municipality of Port
Hope, with respect to support for the Port Granby Project Waste Nuclear Substance
Licence, be received for information.
“CARRIED”
I - 12 Dan Mathieson, Chair, Municipal Property Assessment Corporation
(MPAC) Board of Directors, announcing the appointment of Antoni
Wisniowski as MPAC’s new President and Chief Administrative Officer.
Effective September 1, 2011, Mr. Wisniowski will be MPAC’s President
Designate working closing with Carl Isenberg who will be retiring at the
end of the year after more than 38 years in property assessment.
Mr. Wisniowski will officially assume his new role at MPAC on January 1,
2012.
Council Meeting Minutes - 8 - September 19, 2011
Resolution #C-395-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT Correspondence Item I – 12 from Dan Mathieson, Chair, Municipal Property
Assessment Corporation (MPAC) Board of Directors announcing MPAC’s new
President and Chief Administrative Officer, be received for information.
“CARRIED”
I - 14 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing
to Mayor Marolyn Morrison, Chair, Greater Toronto Countryside Mayors
Alliance, Town of Caledon (GTCMA), advising that on August 8, 2011, the
Township of Brock adopted a resolution to support the Ontario Stone,
Sand and Gravel Association’s efforts to work with local and regional
municipalities and the top ten aggregate producing municipalities and to
advise all GTCMA municipalities.
Resolution #C-396-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I - 14 from Thomas G. Gettinby, CAO & Municipal
Clerk, Township of Brock, with respect to the Ontario Stone, Sand and Gravel
Association, be received for information.
“CARRIED”
I - 16 Lloyd Ayre expressing appreciation to Council for the award presented to
him in recognition of his 50 years on the Orono Fair Board.
Resolution #C-397-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT Correspondence Item I – 16 from Lloyd Ayre expressing appreciation to
Council for the award presented to him in recognition of his 50 years on the Orono
Fair Board, be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Item D – 18 was received as a Hand-out.
Council Meeting Minutes - 9 - September 19, 2011
Resolution #C-398-11
Moved by Councillor Neal, seconded by Councillor Novak
THAT Correspondence Items D - 1 to D - 10, be approved as per the Agenda, with the
exception of Items D - 2, D - 6, D - 7, D - 8 and D - 9.
“CARRIED”
D - 1 Karen Bastas, Vice President BIA, Event Coordinator, Newcastle
Business Improvement Area, requesting closure of King Avenue from
Baldwin/North Street to Beaver Street from 6:00 a.m. until
5:00 p.m. on October 1, 2011, for the Annual Fall Festival, indicating that
the event will feature vendors, a car and tractor show, bands, a Jungle
Cat World Show, midway and kids’ games; and, advising that liability
insurance has been secured.
(Approved provided the Organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services
Department)
D - 3 The Honourable Eric Hoskins, Minister of Citizenship and Immigration,
inviting nominations for the June Callwood Outstanding Achievement
Award for Voluntarism in Ontario, an award to recognize exceptional
leadership, innovation and creativity in voluntarism and community
service; advising nominees can include individuals, groups, business and
organizations which have made outstanding contributions to their
communities and the province; and, advising the deadline for nominations
is December 5, 2011. Nomination forms and additional information are
available at www.ontario.ca/honoursandawards.
(Correspondence referred to the
Municipal Clerk to place information on the
municipal website)
D - 4 Beth Cullen Keidann, Public Health Nurse, Region of Durham, advising
October is recognized as “International Walk to School Month” and
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Wednesday, October 5 is known as “International Walk to School Day
(IWALK)”; inviting residents to participate in IWALK events such as
walking, cycling and wheeling as a means by which to get to and from
school; highlighting the benefits of participating in active transportation;
and, encouraging the Municipality to proclaim the month of October as
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“Walk to School Month” and October 5 as “International Walk to School
Day”.
(Proclaimed)
Council Meeting Minutes - 10 - September 19, 2011
D - 5 Fred Hahn, President, Canadian Union of Public Employees (CUPE)
Ontario and Tracy Saarikoski, President, The Ontario Coalition for Better
Child Care (OCBCC) requesting that Wednesday, October 26, 2011, be
proclaimed as “Child Care Worker & Early Childhood Educator
Appreciation Day” in Clarington, in recognition of the education,
dedication and commitment of child care workers to children, their families
and quality of life of the community.
(Proclaimed)
D - 10 Greg Farrant, Manager, Government Affairs & Policy, Ontario Federation
of Anglers & Hunters, providing a second letter of support with respect to
ongoing discussions regarding local gun clubs and the proposed draft
noise by-law; indicating that the Union Rod & Gun Club shares many of
the same concerns over the proposed by-law as the Orono Fish & Hunt
Club and have enjoyed a good relationship with neighbouring properties
and have been aggressive in their attempts to mitigate sound from the
ranges; advising that the Union Rod & Gun Club has hosted training for
Ontario Power Generation security staff and are unaware of any
complaints about their facility, are careful not to exceed the 70 decibel
range and acknowledge that on occasion the frequency and duration of
noise could be bothersome to some living in the vicinity, but note that an
excessive amount of use of the ranges by either Club is not the norm;
reminding Council that clubs such as the Union Rod & Gun Club and the
Orono Fish & Hunt Club provide a safe, regulated environment for
recreational sport shooting where the facilities are regularly inspected by
the Chief Firearms Office; and, urging Council to balance the concerns
raised by new residents to the area, with the long-standing traditions and
history of both the Union and Orono clubs, who have been a presence
and good neighbours in the community for decades.
(Advised of actions taken with respect to
Report CLD-024-11)
D - 2 Don Head, Commissioner, Correctional Service Canada, requesting
Council to proclaim November 13 to 20, 2011, as “Restorative Justice
Week 2011”, in recognition of the concrete learning and results that have
come from the experience of practitioners and stakeholders in the
application of a restorative justice approach encouraging accountability,
reparation and a movement towards understanding, feelings of
satisfaction, healing and a sense of closure for those affected by crime
and conflict.
Council Meeting Minutes - 11 - September 19, 2011
Resolution #C-399-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the week of November 13 to 20, 2011, be proclaimed as “Restorative Justice
Week 2011” in the Municipality of Clarington and advertised in accordance with
municipal policy.
“CARRIED”
D - 6 Rob Messervey, Chief Administrative Officer, Kawartha Conservation,
forwarding a copy of their response to a resolution from the Ganaraska
Region Conservation Authority which states, in part, “that large-scale
commercial operations are beyond the resource capacity and scope of CA
regulations”; indicating that Kawartha Conservation takes issue with that
particular clause in the resolution recognizing that while some aspects of
large-scale filling operations, such as dust and noise control will fall to
other regulatory vehicles, the conservation authority regulations are an
essential part of the control of such activities where they occur within
regulated areas; and, advising that in those instances, Conservation
Authorities must work collaboratively with municipal and provincial staff to
coordinate and apply the most appropriate suite of available legislative
and regulatory controls.
Resolution #C-400-11
Moved by Councillor Novak, seconded by Councillor Partner
THAT Correspondence Item D – 6 from Rob Messervey, Chief Administrative
Officer, Kawartha Conservation, with respect to commercial fill, be received for
information.
“CARRIED”
D - 7 John R. O’Toole, MPP, Durham, requesting clarification of the
municipality’s position on the eventual elimination of the Bennett Road
interchange once a new interchange has been constructed at Lambs
Road and questioning the timeframe for the construction of a new Lambs
Road interchange; questioning what steps are being taken to bring
together stakeholders including local and provincial levels of government
to update information and address priorities regarding Highway 401
improvements through Bowmanville along with improvements to arterial
and collector roads linking with Highway 401; indicating that in his view, it
is important that all aspects of Hwy. 401 improvements be considered
together and in the context of municipal and regional plans; and, advising
that he has written to the Minister of Transportation regarding the Lambs
Road interchange and other future Highway 401 improvements and will
keep the Municipality advised of the Minister’s reply.
Council Meeting Minutes - 12 - September 19, 2011
Resolution #C-401-11
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the Municipality of Clarington reiterate its position with respect to future
Highway 401 interchanges in Bowmanville to the Ministry of Transportation and that
a copy of the correspondence be forwarded to John O’Toole, MPP, Durham.
“CARRIED”
D - 8 Kelly Adams advising that over one hundred residents of Clarington have
expressed concern with excessive noise being generated from the Orono
Fish and Hunt Club; indicating that the Club seems to have incorrectly
construed a 50 or 70 decibel level as their legal allowable level, advising
that the Orono Fish and Hunt Club are not exempt from the noise by-law;
and, stating that noise pollution is not simply an annoyance and that
grandfathering the continuation of a proven health hazard is not good
governance.
Resolution #C-402-11
Moved by Councillor Partner, seconded by Councillor Neal
THAT Kelly Adams be advised of actions taken with respect to Report CLD-024-11.
“CARRIED”
D - 9 Karen McArthur suggesting that an error has been made in the curfew
hours listed regarding the shooting times of the Orono Fish & Hunt Club in
the Noise By-law as the times of shooting in the past at the Club were
from 10:00 a.m. not 8:00 a.m. as listed in the by-law.
Resolution #C-403-11
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Karen McArthur be advised of actions taken with respect to Report
CLD-024-11.
“CARRIED”
Council Meeting Minutes - 13 - September 19, 2011
D - 11 Glen Morrow, President, Carleton Automotive Towing & Recovery,
expressing concern with the proposed transfer of authority of vehicle
impoundments from the Ministry of Transportation to the Ontario
Provincial Police (OPP) through RFP OPP-0460; indicating that the RFP
has been tendered without consultation with municipal representatives or
the local tow service providers and has been designed for the
administrative convenience of the OPP, not for effective service delivery,
creates a monopoly over the delivery of impound services in 56 zones
across the province; indicating that many local towers will eventually be
forced out of business, people will have to travel greater distances to
reclaim their vehicles to a facility that may not be within the zone creating
further hardship and expense; and, urging Council to adopt a resolution to
oppose the RFP and its changes until such time as adequate consultation
with the industry and elected municipal representatives has taken place.
Resolution #C-404-11
Moved by Councillor Neal, seconded by Councillor Partner
THAT Correspondence Item D - 11 from Glen Morrow, President, Carleton
Automotive Towing & Recovery, with respect to the impacts of the Request for
Proposal regarding vehicle impoundments on the local towing industry, be referred
to staff.
“CARRIED”
D - 12 Kem Majid, President and Ellen Logan, Treasurer, Bowmanville Tennis
Club (BTC), requesting renewal of the current lease between the Club
and the Municipality, scheduled to expire on December 31, 2011;
indicating that the current lease has a four year term compared to the
former 20 year lease with the Lions Club of Bowmanville and that the
shorter term was acceptable to the BTC on the understanding that
renewals would occur in due course; advising that the BTC has been part
of the greenspace and playground facilities at 26 Beech Avenue since
approximately 1946 and the tennis facilities are accessible to all families
and residents of the Municipality who become members of the Club by
paying a small annual fee; indicating that fees collected are sufficient to
pay all BTC operational and maintenance expenses for the year, including
rent and property taxes to the Municipality and to build reserve funds to
resurface the courts every five to seven years; and, advising that the BTC
wishes to continue providing Clarington residents with an enjoyable tennis
experience and urging Council to consider their request positively and
provide the necessary renewal instructions to staff as urgently as
possible, but before expiry of the current lease.
Council Meeting Minutes - 14 - September 19, 2011
Resolution #C-405-11
Moved by Councillor Hooper, seconded by Councillor Partner
THAT the request from Kem Majid and the Bowmanville Tennis Club be received for
information at this time;
THAT a decision be rendered after discussion and a meeting has been held
between the Clarington Older Adult Association Board and Department Head staff
from Community Services, Engineering Services, Corporate Services, Operations,
the Fire Chief, Mayor and Council Liaison at which time all lease arrangements and
documentation from 1998 until present be discussed and a recommendation come
forward with respect to parking, the tennis courts and the future of the COAA at its
current location, and future planning for the organization; and
THAT this be done sooner rather than later and that the information come forward at
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the October 17 General Purpose and Administration Committee meeting.
“CARRIED”
D - 13 Gary Jeffery, Chair, Clarington Agricultural Advisory Committee, advising
Council that on August 25, 2011, the Clarington Agricultural Advisory
Committee adopted the following resolution pertaining to the Clarington
Official Plan review:
“Whereas the Municipality of Clarington is in the process of reviewing the
Official Plan;
AND WHEREAS part of the mandate of the Agricultural Advisory
Committee of Clarington is to advise Council with regard to:
a) implementation of municipal agricultural goals, objectives and
policies;
b) alternative solutions, approaches, plans or studies dealing with
agriculture and related rural issues which are within the
responsibilities and financial capabilities of the Municipality of
Clarington; and
c) monitor and report on changes within the agricultural industry
including agricultural land inventory;
AND WHEREAS agriculture is the #1 industry in Clarington;
AND WHEREAS agriculture is necessary for food security;
AND WHEREAS some of Canada’s best agricultural land is in Clarington,
more particularly immediately adjacent to the current urban boundaries
and in the “whitebelt” areas;
Council Meeting Minutes - 15 - September 19, 2011
AND WHEREAS there are not stringent tests for the expansion of urban
settlement area boundaries with regard to prime agricultural lands and soil
capability;
NOW THEREFORE BE IT RESOLVED THAT Council instruct Planning
Staff to include additional policies in the Growth Management and
Agricultural Sections of the Official Plan to ensure that:
a) growth be provided through intensification, and redevelopment;
and within the existing urban boundaries;
b) agricultural soil capability be included as an additional criteria
for determining where future growth happens (e.g. avoid
Classes 1, 2 and 3 soils, in this order of priority) ;
c) impacts from settlement areas on agricultural operations be
mitigated; and
THAT all types, sizes and intensities of agricultural uses and normal farm
practices be promoted and protected in accordance with Provincial
standards.
”
Resolution #C-406-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT the resolution from the Clarington Agricultural Advisory Committee, with
respect to the Clarington Official Plan review, be referred to the Director of Planning
Services for consideration with respect to the review.
“CARRIED”
D - 14 Lou DeVuono, Founder & Executive Director, Heroes Highway Ride and
Rally Association, providing background information on the Heroes
Highway Ride, an event which began in 2009 with 134 motorcycles to an
event with over 2500 bikes taking part in the ride from Trenton to Oshawa
in 2010; indicating that an estimated 8000 people attended the event in
2010 and approximately $30,000 was raised for various military charities;
forecasting the 2012 ride will attract 5000-6000 motorcyclists; and,
requesting investigation into the possibility of returning the event to
Clarington.
Council Meeting Minutes - 16 - September 19, 2011
Resolution #C-407-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Lou DeVuono, Founder & Executive Director, Heroes Highway Ride and Rally
Association, be thanked for his presentation with respect to the Heroes Highway
Ride and Rally; and,
THAT information regarding the 2012 Heroes Highway Ride and Rally be forwarded
to staff for a report on the cost of hosting the event and to liaise with the three
Business Improvement Areas with respect to the event.
“CARRIED”
D - 15 Ashley Mancuso, Council and Committee Services Coordinator, Town of
Halton Hills, writing to the Honourable Dalton McGuinty, Premier of
Ontario, advising that on July 11, 2011, the Town of Halton Hills adopted
the following resolution pertaining to creation of new “Hospital
Development Charges Act”:
“WHEREAS the provision of capital and operating funds for hospitals for
the communities of Ontario is a Provincial responsibility;
AND WHEREAS the amount of provincial tax dollars available for capital
and operating costs related to hospitals be they existing hospitals, new
hospitals, hospital renovations, hospital expansions is very limited
considering all of the other Provincial priorities;
AND WHEREAS to meet the gap in funding, municipalities are being
approached by hospitals to provide municipal tax dollars particularly
toward capital construction for new hospitals, hospital renovations,
hospital expansions, etc.;
AND WHEREAS municipalities themselves have limited tax dollars
available for their priorities;
AND WHEREAS one source of revenue that is not being “tapped” for the
building of new hospitals, hospital renovations and hospital expansions,
particularly to meet new growth in communities throughout Ontario are
“development charges”;
AND WHEREAS a significant component of the need for new hospitals,
hospital renovations and hospital expansions is the new growth in
communities served by the hospitals;
AND WHEREAS imposing “development charges” would be a reasonable
approach to raising additional funding for new hospitals, hospital
renovations, and hospital expansions;
Council Meeting Minutes - 17 - September 19, 2011
AND WHEREAS “development charges” could be imposed by amending
the existing Development Charges Act or by creating a new “Hospital
Development Charges Act” similar to the “Education Development
Charges Act”;
NOW THEREFORE BE IT RESOLVED:
1. THAT the Town Council for the Town of Halton Hills request the
Province of Ontario, through the Premier and the Minister of Health, to
seriously consider imposing “development charges” on new growth in
the Province with the purpose of raising additional funds beyond
Provincial taxes and fundraising for the construction of new hospitals,
hospital renovations or hospital expansions.
2. THAT the imposition of “development charges” be either by way of
amendment to the existing Development Charges Act or be by way of
a separate “Hospital Development Charges Act” with the funds to be
collected by the municipality or municipalities that are served by the
benefitting hospitals and to be placed into Special Provincial
Development Charges Reserves for the benefitting hospitals.
3. THAT with the adoption of “development charges” legislation that
municipalities no longer be called upon to provide capital funding for
hospitals due to the need of those municipalities to use their own
funds for municipal infrastructure.
4. THAT a copy of this Resolution be sent to the Premier of Ontario, the
Minister of Health for Ontario, the Association of Municipalities of
Ontario, the Region of Halton and each of the area municipalities
within the Region of Halton for their endorsement and support, and to
the GTA Countryside Mayors Alliance.”
Resolution #C-408-11
Moved by Councillor Neal, seconded by Councillor Novak
THAT the resolution from the Town of Halton Hills, with respect to creation of a new
“Hospital Development Charges Act” be received for information.
“CARRIED”
D - 16 Jim Abernethy providing background information on the “Support Our
Troops” Banner Program; questioning why it has taken one year to make
the necessary arrangements to install a banner in front of the Sullivan
residence in Courtice as requested in early September, 2010; and,
requesting Council to ensure that the banner is installed as soon as
possible.
Council Meeting Minutes - 18 - September 19, 2011
Resolution #C-409-11
Moved by Councillor Novak, seconded by Councillor Woo
THAT $2,500 from the 2011 Operating Budget be used to pay for the installation
and hardware of “Support Our Troops” Banners;
THAT preference be given first to those currently serving in the Canadian Armed
Forces, then to Veterans and finally to the public at large;
THAT the cost of the banner be borne by the resident; and
THAT the Mayor’s Office be requested to provide the banner for Mr. and
Mrs. Sullivan and that it be installed.
“CARRIED AS AMENDED LATER IN THE
MEETING”
(See following motions)
Resolution #C-410-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-409-11 be amended to direct that the Sullivan’s
current banner be installed.
“CARRIED”
Resolution #C-411-11
Moved by Councillor Woo, seconded by Councillor Partner
THAT the foregoing Resolution #C-409-11 be amended to direct that the Caswell
family be provided with a banner and that it be installed in front of their home.
“CARRIED”
Resolution #C-409-11 was then put to a vote and CARRIED AS AMENDED.
Council Meeting Minutes - 19 - September 19, 2011
D - 17 Michael and Linda Sullivan writing further to their meeting of September 9,
2011, with Mayor Foster, Councillor Neal, Councillor Novak and the
Director of Operations regarding the installation of a “Support Our Troops
Banner” outside their residence and further to discussions at the General
Purpose and Administration Committee meeting of September 12, 2011,
clarifying their position that regardless of how the Municipality chooses to
recognize those Clarington residents who have served in Afghanistan,
they did not think that Council’s decision would nullify their position to
have the banner erected as promised; expressing concern that a kind
gesture of recognizing a soldier from Clarington who has served his
country, has now turned into a political issue; and, requesting that the
banner be erected forthwith.
Resolution #C-412-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Michael and Linda Sullivan be advised of actions taken with respect to
Correspondence Item D - 16.
“CARRIED”
D - 18 Margaret Maskell indicating that the current “Support the Troops” Banner
Program was set up to recognize individuals serving in a very visible and
public basis; stating that she does not understand the need to create a
different program as the current program has been readily accepted
across the nation and there is current Council policy in place; and,
expressing concern that any single individual should be recognized any
more than another serving in the Armed Forces as we should all be united
as one in support of our troops.
Resolution #C-413-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Margaret Maskell be advised of actions taken with respect to
Correspondence Item D - 16.
“CARRIED”
Resolution #C-414-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Council recess for ten minutes.
“CARRIED”
Council Meeting Minutes - 20 - September 19, 2011
The meeting reconvened at 8:51 p.m.
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report September 12,
2011.
Resolution #C-415-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of September 12,
2011 be approved, with the exception of Items #8, #17, #18, #25, #27 and #28.
“CARRIED”
Item #8
Resolution #C-416-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Report PSD-072-11 be received;
THAT the Director of Planning be authorized to amend the conditions of Draft
Approval for applications 18T-87083, 18T-89007, 18T-90043, and 18T-95030 to have
a six year expiry date from the date of Council’s decision; and
THAT the interested parties and delegations regarding each application dealt with in
Report PSD-072-11 be advised of Council’s decision with respect to the application.
“MOTION LOST”
Resolution #C-417-11
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-072-11 be received;
THAT the Director of Planning be authorized to amend the conditions of Draft
Approval for applications 18T-87083, 18T-89007, 18T-90043, and 18T-95030 to have
a three year expiry date from the date of Council’s decision; and
THAT the interested parties and delegations regarding each application dealt with in
Report PSD-072-11 be advised of Council’s decision with respect to the application.
“CARRIED”
Council Meeting Minutes - 21 - September 19, 2011
Item #17
Resolution #C-418-11
Moved by Councillor Novak, seconded by Councillor Neal
THAT Item #17 of Report #1 be withdrawn from the Agenda.
“CARRIED”
Item #18
Resolution #C-419-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT a representative of Emergency and Fire Services Union 3139 be included in the
development of the NextGen – Next Generation Common Communication Platform
project.
“MOTION WITHDRAWN”
(See following motion)
Resolution #C-420-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the Region of Durham be requested to include representatives from Emergency
and Fire Services Unions as part of the development team of the NextGen – Next
Generation Common Communication Platform project.
“CARRIED”
Resolution #C-421-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT Report ESD-013-11 be received for information;
THAT staff continue to support the NextGen - Next Generation Common
Communication Platform project;
THAT Council authorize the Clerk and Mayor to sign an agreement committing
Clarington to the Next Generation Common Communication Platform project; and
THAT all interested parties listed in Report ESD-013-11 be advised of Council’s
decision.
“CARRIED”
Council Meeting Minutes - 22 - September 19, 2011
Item #25
Resolution #C-422-11
Moved by Councillor Traill, seconded by Councillor Neal
THAT the Mayor’s Office and staff prepare for publication in the Orono Times and
Metroland newspaper, the actions taken by this Council regarding the Energy From
Waste Facility (EFW);
THAT the following items be included in the publication of Council’s actions regarding
EFW:
Resolutions #GPA-527-10, #C-033-11, #C-035-11, #C-064-11, #C-065-11,
#C-066-11, #C-067-11, #GPA-093-11, #C-128-11, #C-122-11, #GPA-249-11,
#GPA-250-11, #GPA-251-11, #C-175-11, #C-150-11, #C-318-11, #C-368-11, and a
synopsis of the July 26, 2011, Special Meeting of Durham Regional Council regarding
the amendment to the Co-owner’s agreement and the Co-owner’s agreement,
including the vote; and
THAT the funds to be taken from the budget set aside for the last edition of the
Clarington.net.
“CARRIED AS AMENDED LATER IN THE
MEETING”
(See following motions)
Resolution #C-423-11
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the foregoing Resolution #C-422-11 be amended to replace the words “the
Orono Times and Metroland newspaper” in the first paragraph with the words “the last
edition of Clarington.net”.
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Traill √
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Mayor Foster √
Council Meeting Minutes - 23 - September 19, 2011
Resolution #C-424-11
Moved by Councillor Novak, seconded by Councillor Traill
THAT the Rules of Procedure be suspended to allow Members of Council to speak to
the matter more than once.
“CARRIED”
Resolution C-422-11 was then put to a vote and CARRIED AS AMENDED ON THE
FOLLOWING RECORDED VOTE:
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Traill √
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Mayor Foster √
Item #27
Resolution #C-425-11
Moved by Councillor Neal, seconded by Councillor Traill
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of discussing a matter concerning litigation or
potential litigation, including matters before administrative tribunals, affecting the
municipality or local board.
“CARRIED”
The meeting resumed in open session at 10:14 p.m.
The Mayor advised that one item was discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001 and no resolutions were passed.
Resolution #C-426-11
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Resolution #CPGA-018-11 be ratified.
“CARRIED”
Council Meeting Minutes - 24 - September 19, 2011
Councillor Neal stated a pecuniary interest with respect to Item #28 of Report #1 as
his wife is a supporter of the Lobby group and left the Council Chambers during
discussion and voting on this matter.
Item #28
Resolution #C-427-11
Moved by Councillor Partner, seconded by Councillor Novak
THAT Confidential Report LGL-009-11 be received; and
THAT the Municipal Solicitor be authorized to file a Notice of Appearance to maintain
a watching brief and preserve litigation options.
“CARRIED”
Councillor Neal returned to the meeting.
STAFF REPORT(S)
There were no Staff Reports considered under this Section of the Agenda.
UNFINISHED BUSINESS
There was no Unfinished Business considered under this Section of the Agenda.
OTHER BUSINESS
Councillor Hooper advised that Miranda Hirshko has been recognized by the
Province of Ontario and suggested she be invited to the next televised Council
meeting to be honoured by the Municipality.
Councillor Woo questioned whether Swallow Acoustic Consultants Ltd. would be
using RCMP shooting range documents as a guide when conducting sound
monitoring in the areas affected by the shooting range. The Municipal Clerk
stated that she could not confirm until after meeting with the engineer on
September 20, 2011.
Councillor Neal left the meeting.
Council Meeting Minutes - 25 - September 19, 2011
BY-LAWS
Resolution #C-428-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2011-084 to 2011-089
2011-084 Being a by-law to amend By-law 84-63, the Comprehensive Zoning
By-law for the Corporation of the former Town of Newcastle (Stephen
Selby)
2011-085 Being a by-law to amend By-aw 84-63, the Comprehensive Zoning By-
law for the Corporation of the former Town of Newcastle (Arnot Wotten)
2011-086 Being a by-law to adopt Amendment No.81 to the Clarington Official
Plan (Newcastle (King) Developments Inc.)
2011-087 Being a by-law to amend Zoning By-law 84-63 of the Corporation of the
Municipality of Clarington (Newcastle (King) Developments Inc.)
2011-088 Being a by-law to exempt a certain portion of Registered Plan
40M-2094 from Part Lot Control
2011-089 Being a by-law to appoint an individual as a Parking Enforcement
Officer for Private Property (Paul Long) (120, 124, 128, 132 and 136
Aspen Springs Drive); 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.
Council Meeting Minutes - 26 - September 19, 2011
CONFIRMING BY-LAW
Resolution #C-429-11
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2011-090, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 19t" day of September, 2011; and
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-430-11
Moved by Councillor Partner, seconded by Councillor Hooper
THAT the meeting adjourn at 10:20 p.m.
"CARRIED"
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MAYOR MU I AL LERK