HomeMy WebLinkAbout09/17/2012
Council Meeting Minutes
SEPTEMBER 17, 2012
Minutes of a regular meeting of Council held on September 17, 2012 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
Councillor M. Novak
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Also Chief Administrative Officer, F. Wu
Present: Facilities Manager, G. Acorn
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon
Director of Corporate Services and Human Resources,
M. Marano
Supervisor, Operations Administration, C. Peters
Director of Emergency Services/Fire Chief, G. Weir
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated at this meeting.
ANNOUNCEMENTS
Councillor Novak announced the following:
Several Durham Region businesses were recognized by Veridian Corporation
as Conservation Champions during the year including 405 Lake Road
Investments in Bowmanville
The Municipality of Clarington was recognized and referred to as “Energetic
Clarington”, one of Ontario’s Powerhouses, in a Novae Res Urbis brochure
Durham Trade and Commerce Report recognized new businesses establishing
in Clarington and others who were relocating to larger facilities within the
Municipality
The Grand Opening of the Locust Tree Day Spa at 2924 Highway 2
Council Meeting Minutes - 2 - September 17, 2012
“Savor the Season”, Durham Region’s Annual Culinary Festival, will take place
between September 12 and 23, 2012. Dee’s Harvest Table in Newcastle is
one of the participating restaurants
The Region of Durham has recognized Long-Term Service Employees and
Retirees, some of whom are residents of Clarington
Councillor Partner announced the following:
On September 18, 2012, the Newcastle Horticultural Society will host a Pie
Contest at 6:30 p.m. at the Newcastle Community Hall
The Orono Rebekah’s will host a dinner on Wednesday, September 19, 2012,
with proceeds in support of much-needed upgrades to the hall and the new
kitchen
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The 14 Annual Chili Cook-off in Orono will take place on Saturday,
September 22, 2012 with a pie judging, Superdog Central Dog show and Chili
tasting
Newcastle No Frills Supermarket is holding its first job fair on September 24
and 25, 2012
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The Orono BIA will host a Halloween Bash on October 27 with the Charles
Street Band performing
Councillor Traill announced the following:
Last week she met with representatives of the Port Darlington Community
Association to discuss issues affecting residents and noted the Association has
expressed approval for the new traffic signs in front of Bobby C’s
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She attended the St. Marys Cement 100 Year Celebration
The Board of Directors of Bethesda House will host the annual “Take Back the
Night” Walk on September 18, 2012
Bethesda House now has a Facebook page featuring important information
about the organization, pictures and fundraising opportunities. The Board is
also seeking an additional member
There will be a Public Information Centre for the new French Immersion School
on Wednesday, September 19, 2012 at the Bowmanville High School
She welcomed Wendy Lee Moore, owner of the Locust Tree Day Spa, to
Clarington
Councillor Woo announced the following:
On September 18, 2012 he and Councillor Partner will participate in the
Newcastle “Curves is Not for Sissies Event” honouring support workers and
PSW’s by marching to Fosterbrooke Long-Term Care Facility. Curves is
providing free 30-day memberships to workers and staff
Council Meeting Minutes - 3 - September 17, 2012
Councillor Hooper announced the following:
Thursday, September 20, 2012 is the final performance of the Concerts in the
Park Series at Rotary Park with Swing Shift performing. Councillor Hooper
stated the estimated attendance for the season was between 2,500 and 3,000
The Clarington Board of Trade will be hosting an “Ask the Expert” Session on
Thursday, September 20, 2012 with the topic “The Power of E-mail Marketing”.
A ribbon-cutting ceremony will also take place at 3:30 p.m.
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On Sunday, September 16 the Annual Terry Fox Run was held.
Councillor Hooper expressed appreciation to staff and participants for the
success of the event
On Saturday, September 15, 2012, the Abandoned Cemeteries Board
participated in a clean-up at the Shiloh Church Cemetery. Councillor Hooper
expressed appreciation to the Committee, the volunteers and the Operations
Department
KX96 Radio Station, one of Clarington’s communications partners, was the
recipient of the prestigious “Radio Station of the Year” Award in the secondary
market this year at the CCMA Awards
Councillor Neal announced the following:
Van Belle Garden Centre is collecting used soccer equipment to ship to Haiti
“Heritage Harvest” Fundraising Dinner will take place at Tooley Mill on
Saturday, September 22, 2012 with proceeds in support of the Clarington
Museum
Mayor Foster announced the following:
Big Brothers and Big Sisters of Clarington will host a Golf Tournament on
Friday, September 21, 2012
Clarington Eagles will make their 2012-2013 debut at the Garnet B. Rickard
Recreation Complex on Friday, September 21, 2012 at 6:30 p.m.
On Saturday, September 22, 2012 the Canadian Breast Cancer Pink Tour will
be at Shoppers Drug Mart at Liberty and Longworth in Bowmanville and at
Shoppers in Courtice
There will be an update on the Port Granby Project at the Newtonville
Community Hall on Wednesday, September 26, 2012
Resolution #C-250-12
Moved by Councillor Partner, seconded by Councillor Neal
THAT the minutes of a regular meeting of Council held July 3, 2012, be approved;
Council Meeting Minutes - 4 - September 17, 2012
THAT the minutes of a special meeting of Council held July 27, 2012, be approved;
and
THAT the minutes of a special meeting of Council held August 13, 2012, be approved.
“CARRIED LATER IN THE MEETING”
Mayor Foster advised that at the meeting of July 3, 2012, Council endorsed
Resolution #C-238-12 enacting a series of By-laws including By-laws 2012-056,
2012-057 and 2012-058. The Municipality did not have jurisdiction to pass these
By-laws and therefore they are deemed not to be enacted.
The foregoing Resolution #C-250-12 was then put to a vote and CARRIED.
PRESENTATIONS
Inspector Rolf Kluem, Durham Regional Police Service (DRPS), addressed Council to
present an update on DRPS policing initiatives from 2011 and to highlight the results
of the 2011 Annual Report. Copies of the Durham Regional Police Service 2011
Annual Report were distributed to Members of Council. Through use of a PowerPoint
presentation, Inspector Kluem reviewed statistics regarding DRPS East Division which
includes the Municipality of Clarington. Inspector Kluem reviewed DRPS’s objective in
delivering police services to four areas of specific concern as identified in their
Business Plan and in consultation with the community. He noted people are
concerned with safe roads, personal safety in open areas, property crime and
ensuring that high risk offenders in the community are complying with court-imposed
conditions. Inspector Kluem highlighted East Division Crime Clearance 2011 statistics
noting that Durham Regional Police were ranked #1 in Canada in solving weighted
crime clearance. DRPS have solved 94% of very serious cases over the course of the
30-year Regionalized Police Service in Durham Region. He noted that violent crimes
against people, property crime and break and enter incidents are on a downward
trend in the Region. Inspector Kluem reported that in 2011 DRPS received the MADD
Canada prestigious Award of Excellence for the Festive R.I.D.E. Program. Inspector
Kluem reviewed indicators for 2012 including theft, mischief, and trespass issues
noting DRPS has put considerable effort into speaking with people and laying charges
where appropriate. He also reviewed examples from individuals of how this model of
policing translates to DRPS objectives. Inspector Kluem highlighted 2011-2012 East
Division initiatives including the Property Crime Initiative, Road Safety, Open Spaces
and Liquor Licence Establishment Enforcement. He also reviewed community
involvement and partnership programs with Ontario Power Generation, Port Granby
and the establishment of the Clarington Safety Partnership Committee. Inspector
Kluem provided a brief update on the Boots and Hearts Festival from a policing
standpoint, indicating that DRPS established successful partnerships with EMS, Fire
and RepublicLive noting there were well over 15,000 people at the event with few
incidents reported to the police.
Council Meeting Minutes - 5 - September 17, 2012
Inspector Kluem summarized his presentation by highlighting DRPS East Division’s
Future Footprint in Clarington including the construction of two buildings on the
southwest corner of Maplegrove Road and Highway #2 to house a new East Division
Police Station and a new Forensic Identification Building. He noted that construction
is anticipated to commence in 2013 for completion in 2015 and that DRPS is also
looking at constructing a Property Bureau building, and an Investigative Centre of
Excellence to amalgamate DRPS major Investigative resources.
DELEGATIONS
Catherine Love addressed Council concerning Correspondence Item D – 12 - Lease
Agreement to permit a vegetable garden on municipal property. Ms. Love distributed
photographs to provide Council with a visual impact of the garden on her property
from a privacy perspective. Ms. Love stated she purchased the property in the fall of
2010 with one of the main drivers being the location and the significant amount of
privacy the property afforded. Ms. Love indicated that plans to construct their home
have been put on hold because of the lease of the land. She stated that she is
hopeful that by delaying the building process and receiving confirmation that the lease
would not be renewed would provide a sense of comfort to continue to invest in their
property. Ms. Love stated the areas on the east and north side of the property were
previously reviewed for use of a community garden and were not approved as the
land was in a residential area. Ms. Love referred to provisions of the lease agreement
which support her request from a nuisance perspective not to have the lease
continued. She referred to the photographs which indicate her privacy will be
significantly impacted by the placement of the garden. Ms. Love summarized by
stating she would appreciate an expeditious decision that would provide her with
peace of mind that their privacy will be respected and will allow her to move into their
home in the spring.
Emily Potter addressed Council concerning Correspondence Item D – 1 requesting to
place vending machines containing bite-sized dog bones at the Leash-free park on
West Beach Road. Ms. Potter suggested that the vending machines could either be
free-standing or chained to the fence. She confirmed that in the past, she has used
the vending machines to sell chocolates and has donated $0.03 per sale to the
Paraplegic Organization and would be willing to donate the same to either the Animal
Shelter or a charity of the Municipality’s choice.
Resolution #C-251-12
Moved by Councillor Partner, seconded by Councillor Neal
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 9:15 p.m.
Council Meeting Minutes - 6 - September 17, 2012
COMMUNICATIONS
Resolution #C-252-12
Moved by Councillor Traill, seconded by Councillor Woo
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 6, I - 11 and I - 12.
“CARRIED”
I - 1 Minutes of Ganaraska Region Conservation Authority dated June 21, 2012
I - 2 Minutes of the Ganaraska Region Source Protection Authority dated
August 13, 2012
I - 3 Minutes of the Newcastle Memorial Arena Management Board dated July
10 and August 14, 2012
I - 4 Minutes of the Clarington Agricultural Advisory Committee dated July 12
and August 23, 2012
I - 5 Association of Municipalities of Ontario (AMO) forwarding a copy of AMO’s
submission to the Ontario Distribution Sector Panel (ODSP) in response to
the ODSP’s comprehensive review of the Province’s electricity sector
options to improve efficiencies, including local distribution company (LDC)
consolidation.
I - 7 Kim Coates, AMCT, Clerk, Township of Scugog, writing to P. M. Madill,
Regional Clerk, Regional Municipality of Durham, advising that on June 25,
2012, Scugog Council passed a resolution not to consent to Regional By-
law 19-2012 – Direct Election of the Regional Chair.
I - 8 Susan Self, Chair, CTC Source Protection Committee, expressing
appreciation to the Municipality for providing comments in response to the
CTC Draft Proposed Source Protection Plan; indicating a summary of the
comments received and how they have been addressed will be included in
the updated Explanatory Document which will be included in the
submission of the Plan to the Minister of the Environment; advising that the
second round of public consultation will take place later this year; and,
indicating that the Proposed Source Protection Plan will be published
online at www.ctcswp.ca and all municipalities within the CTC will receive
notice to comment and a digital copy of the plan.
Council Meeting Minutes - 7 - September 17, 2012
I - 9 Melodee Smart, Administrative Assistant, Works Department, Regional
Municipality of Durham, forwarding copies of the following documents, in
accordance with the Notice of Approval to Proceed with the Undertaking
regarding the Amended Environmental Assessment for Durham and York
Residual Waste Study, Condition 3 Public Record:
Letter to the Ministry of the Environment dated July 6, 2012, with a
copy to the EFWAC, York Regional Clerk and Durham Regional
Clerk, regarding Submission of the May and June 2012 Complaint
and Inquiry Logs;
May 2012 Durham York Energy Centre Call Centre Log;
May 2012 Durham York Energy Centre Complaint Protocol Log;
May 2012 Durham York Energy Centre Website Traffic Report;
June 2012 Durham York Energy Centre Call Centre Log;
June 2012 Durham York Energy Centre Complaint Protocol Log;
June 2012 Durham York Energy Centre Website Traffic Report; and
advising that the documents are also available on the EFW project website
at http://www.durhamyorkwaste.ca/project/efw-committee.htm.
I - 10 Raymond Louie, Chair, Green Municipal Fund Council, congratulating the
Municipality on behalf of the Green Municipal Fund (GMF) Council and the
Federation of Canadian Municipalities’ (FCM) National Board of Directors
on the Municipality’s successful funding application for Clarington’s
Supplemental Phase 2 ESA and Designated Substance Survey for 173
Baseline Road in the amount of up to $15,950.
I - 6 Tracey Ali, President-elect Clarington Branch, Architectural Conservancy
of Ontario (ACO), expressing appreciation to Council on restoring the
natural heritage of West Beach Port Darlington in constructing a boardwalk
reminiscent of the boardwalk of the 1950’s; and, advising that the ACO
Clarington are in support of the area being a public beach again and look
forward to seeing the results of the continuing dune restoration.
Resolution #C-253-12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Correspondence Item I – 6 from Tracey Ali, President-elect Clarington Branch,
Architectural Conservancy of Ontario (ACO), with respect to West Beach Port
Darlington, be received for information.
“CARRIED”
Council Meeting Minutes - 8 - September 17, 2012
I - 11 John O’Toole, MPP, Durham, forwarding a copy of correspondence he
received from the Minister of Transportation in response to Council’s
resolution concerning the need to consider a future interchange at Lambs
Road in the current Highway 401 study from Courtice Road to East
Townline Road; confirming that the scope of the study is to develop a
strategy addressing rehabilitation of bridges and pavement; and, advising
that the Municipality may wish to undertake a separate study regarding
Lambs Road which the Ministry would be pleased to participate in the
process and be willing to work with Clarington to explore ways to modify
construction timing of some highway improvements to meet municipal
objectives and timelines.
Resolution #C-254-12
Moved by Councillor Traill, seconded by Councillor Neal
THAT Correspondence Item I – 11 from John O’Toole, MPP, Durham, with respect to
a future interchange at Lambs Road, be received for information.
“CARRIED”
I - 12 Louise Levert, Secretariat, Canadian Nuclear Safety Commission (CNSC)
forwarding a Notice of Public Hearing to be held on November 13 and 14,
2012 at the Hope Fellowship Church, 1685 Bloor Street, Courtice to
consider matters related to Ontario Power Generation’s (OPG) Darlington
Nuclear site Environmental Assessment of the proposed Refurbishment
and Continued Operation of the Darlington Nuclear Generating Station
(DNGS), the application by OPG to renew the Darlington Waste
Management Facility (DWMF) licence and the application by OPG to
renew the Nuclear Power Reactor Operating Licence for the DNGS until
December 31, 2014; indicating the public hearing will be webcasted live on
the Internet via the CNSC Web site and archived for a period of 90 days;
inviting members of the public who have an interest or expertise in the
matter to participate by filing a request with the Secretary of the
Commission by October 15, 2012, on-line at
http://www.nuclearsafety.gc.ca/eng/commission/intervention/ index.cfm;
advising that OPG’s submissions and CNSC staff recommendations to be
considered at the hearing will be available after September 14, 2012 and
must be obtained by requesting a copy from the Secretariat; and, advising
that agendas, hearing transcripts and information on the hearing process
are available at the CNSC Web site at www.nuclearsafety.gc.ca.
Council Meeting Minutes - 9 - September 17, 2012
Resolution #C-255-12
Moved by Councillor Novak, seconded by Councillor Neal
THAT Correspondence Item I – 12 from Louise Levert, Secretariat, Canadian
Nuclear Safety Commission (CNSC), with respect to Notice of a Public Hearing
regarding the Darlington Nuclear Generating Station, be received for information.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Correspondence Item D - 17 was received as a Hand-Out.
Resolution #C-256-12
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Correspondence Items D - 1 to D - 10 and D - 17 be approved as per the
Agenda.
“CARRIED”
D - 1 Emily Z. Potter requesting to place vending machines containing dog
treats outside the park fencing at the Leash-free dog park on West Beach
Road; and, indicating that she will donate $0.03 per treat sold for $0.25 to
the local animal shelter or a charity of the Municipality’s choice.
(Correspondence referred to the Municipal
Clerk)
D - 2 Kathy Crowhurst, Lupus Foundation of Ontario, requesting that the month
of October be declared as “Lupus Awareness Month” to help increase
public awareness of this autoimmune disease and to call for increases in
public and private sector funding for medical research, education
programmes for health professionals, patients and the public and to
recognize lupus worldwide as a significant public health issue.
(Proclaimed)
D - 3 Charlie Black, President, PFLAG Durham Region, requesting November
20, 2012, be proclaimed the “Transgender Day of Remembrance” to raise
public awareness of hate crimes against transgender people, publicly
mourn and honour the lives of those who may otherwise be forgotten,
remind non-transgendered people that transgender people are their sons,
daughters, parents, friends and lovers and to provide their allies with a
chance to step forward to stand in vigil memorializing those who have
died by anti-transgender violence.
(Proclaimed)
Council Meeting Minutes - 10 - September 17, 2012
D - 4 Jean Graham, Chairperson, Newcastle Lions Club, requesting permission
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to host the 18 Annual “Walk for Dog Guides” on Saturday, October 6,
2012, in support of providing Dog Guide Teams to assist the blind, deaf
and physically challenged; indicating the 5km and 10km walk will start at
8:00 a.m. at the Newcastle Community Hall following the same route as
last year and will take approximately two hours to complete; advising that
a copy of the insurance coverage will be provided by the Lions
Foundation of Canada; and, encouraging all interested residents to
participate.
(Approved provided the organizers apply
for and obtain a Road Occupancy Permit
from the Engineering Services
Department)
D - 5 Stacey Papanicolaou, Public Health Nurse, Region of Durham, advising
October is recognized as “International Walk to School Month” and
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Wednesday, October 10 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 10 as “International Walk to School
Day”.
(Proclaimed)
D - 6 Chris Cappuccitti requesting a six-month extension to building permit
11.1184 for construction of a new single family home at 1696 Pebblestone
Road; due to unforeseen delays in construction.
(Request for a six month extension for the
use of temporary living quarters at 1696
Pebblestone Road approved, subject to
signing a further Letter of Undertaking)
D - 7 Craig Laird and Marci Zuly, requesting an extension to building permit
12.0169 to November 30, 2012; indicating that they are making very good
progress with the construction of their new residence at 3576 Concession
Road 4, but as a precautionary measure are requesting additional time for
the dwelling to be completed for occupancy; and, advising that the
demolition of the existing residence will occur concurrently.
(Request for an extension for the use of
temporary living quarters at 3576
Concession Road 4 approved, subject to
signing a further Letter of Undertaking)
Council Meeting Minutes - 11 - September 17, 2012
D - 8 Fred Hahn, President, Canadian Union of Public Employees (CUPE)
Ontario and Sheila Olan-MacLean, President, The Ontario Coalition for
Better Child Care (OCBCC) requesting that Wednesday, October 24,
2012, 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 - 9 Diana Stephenson, Event Coordinator, Newcastle BIA, requesting the
closure of Highway 2/King Avenue West to King Avenue East from
Baldwin/North Street to Beaver Street on Saturday, October 6, 2012 from
6:00 a.m. to 5:00 p.m. for the annual Newcastle BIA Fall Festival
“Hometown Harvest”; indicating the event will feature vendors, car and
tractor show, live music, Farmers Olympics for kids, yard display and pie
baking contests; indicating that approximately 2000 people will attend and
that 25 volunteers will be available to assist with directions; and, advising
that insurance in the amount of $15,000,000 has been secured.
(Approved provided the organizers apply
for and obtain a road occupancy permit
from the Engineering Services
Department)
D - 10 Don Head, Commissioner, Correctional Service Canada, requesting that
November 18 to 25, 2012, be proclaimed as “Restorative Justice Week”;
advising this year’s theme is “Diverse Needs; Unique Responses”
recognizing that restorative justice is an approach that addresses the
various needs of people impacted by crime and conflict that is created
when a person is harmed or treated unfairly; and, providing suggestions
on how municipalities can build on the success of the annual Restorative
Justice Week.
(Proclaimed)
D - 17 Sylvie Landry, advising that in April 2010, the Legislative Assembly
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proclaimed September 25 of each year as Franco-Ontarian Day to
recognize the contributions of Franco-Ontarians to the culture, history,
social, economic and political life of the Province; indicating that 2012
marks over 400 years of the arrival of the first French settler in Ontario;
and, requesting that September 25, 2012 be proclaimed “Franco-Ontarian
Day”.
(Proclaimed and permission granted to fly
the Franco-Ontarian Day Flag)
Council Meeting Minutes - 12 - September 17, 2012
D - 11 Thomas G. Gettinby, CAO & Municipal Clerk, Township of Brock, writing
to the Honourable Ted McMeekin, Minister of Agriculture, Food and Rural
Affairs, advising that on June 11, 2012, the Township of Brock adopted
the following resolution:
“WHEREAS the Ontario Wildlife Damage Compensation Program
provides compensation to eligible applicants whose livestock and/or
poultry has been injured or killed as a result of wildlife, and further
provides for municipalities to compensate livestock owners and seek
reimbursement from the Ministry of Agriculture, Food and Rural Affairs
(OMAFRA);
AND WHEREAS livestock valuers submit the report to the municipality to
forward same to OMAFRA within 10 days of the reported damage to
facilitate the required review time for applications appealed;
AND WHEREAS the municipality is required to pay livestock claims
directly following a 30 day review period and apply for reimbursement
from OMAFRA, who retains the authority to deny claims paid by the
municipality;
AND WHEREAS the municipality is required to administrate all aspects of
this program for which adequate administrative compensation is not
received thereby at the expense of all ratepayers;
NOW THEREFORE the Finance Committee of the Township of Brock
hereby requests the Minister of Agriculture, Food and Rural Affairs to
directly assume all administrative aspects of the implementation of this
program with no involvement from the Township of Brock and that this
resolution be copied to all municipalities within the Region of Durham and
MPP Laurie Scott, Haliburton-Kawartha Lakes-Brock.
FURTHER, In the event of a non-upload, the Province be requested to
increase the compensation due to the Township to $100.00 per claim.”
Resolution #C-257-12
Moved by Councillor Traill, seconded by Councillor Partner
THAT the resolution from the Township of Brock, with respect to the Ontario Wildlife
Damage Compensation Program, be endorsed; and
THAT a copy be forwarded to John O’Toole, MPP, Durham and the Association of
Municipalities of Ontario (AMO).
“CARRIED”
Council Meeting Minutes - 13 - September 17, 2012
D - 12 Catherine Love providing background information on the purchase of her
property and the lease of the road allowance the Municipality entered into
with her neighbour to permit a garden to be placed on the road allowance;
expressing concern that as the adjoining property owner, she was not
notified of the meeting when the issue was discussed; and, requesting
that the lease not be renewed after the expiration date of May 8, 2013.
Resolution #C-258-12
Moved by Councillor Novak, seconded by Councillor Woo
THAT Correspondence Item D - 12 from Catherine Love, with respect to renewal of
a lease agreement, be referred to staff for review and for policy direction on how to
handle these matters in future; and
THAT the report be presented in the next month or so.
“CARRIED”
D - 13 Deborra Crawford, Executive Assistant, Municipality of Grey Highlands,
advising Council that on May 14, 2012, the Municipality of Grey Highlands
adopted the following resolution pertaining to reimbursement for legal
funds relating to the Green Energy Act and loss of control of road
allowances:
“THAT the Council of the Municipality of Grey Highlands has an uneasy
feeling that the legal investment made and the resultant lack of success of
this process of trying to convince the current Provincial government that
the loss of authority over Municipal road allowances (other than those
given to Hydro One) is an unexpected removal of Municipal powers;
THAT Council and its legal counsel read the Green Energy Act and could
see no mention of the loss of Municipal authority over road allowances.
This was further clarified as an issue when International Power
Corporation offered up a Road Use Agreement to the Municipality that
offered up $50,000 per year for twenty years to waive its rights to the
control of road allowances;
THAT Council at the time did not want to succumb to what was
considered an attempt to sell off Municipal powers and rejected the offer;
THAT Council felt justified in not entering into this type of agreement and
was surprised when the Ontario Energy Board gave a ruling that the
Municipality had no control over its road allowances. IPC could proceed
to use the road allowances without Municipal permission. The OEB gave
them the same powers as Hydro One;
Council Meeting Minutes - 14 - September 17, 2012
THAT Council proceeded to challenge this OEB ruling. The OEB rejected
the legal challenge and a subsequent appeal was sought from Divisional
Court for a fair resolution;
THAT the Divisional Court did not support the assertion of the Municipality
and imposed legal costs of $20,000 to the Municipality;
THAT the Provincial Government has allowed Municipal powers to be
removed without a clear notice, direction or policy;
BE IT RESOLVED THAT the Municipality of Grey Highlands ask the
Province of Ontario to reimburse the taxpayers of this Municipality for
funds ($20,000) paid to the Courts for the legal challenges that were made
to clarify what was unwritten in the Green Energy Act concerning the loss
of Municipal rights over the control of road allowances;
THAT this resolution and its preamble be forwarded to the office of the
Premier for payment and be circulated to all Municipalities for their
education and support. This should also be circulated to all MPP’s and
the Association of Municipalities of Ontario.”
Resolution #C-259-12
Moved by Councillor Neal, seconded by Councillor Woo
THAT the resolution from Municipality of Grey Highlands, with respect to the Green
Energy Act and loss of control of road allowances, be received for information.
“CARRIED”
D - 14 Brock Carlton, Chief Executive Officer, Federation of Canadian
Municipalities (FCM), forwarding a draft resolution for support of the
development of a new long-term Federal plan for Municipal infrastructure
funding:
“WHEREAS the Building Canada Plan and a number of important federal-
provincial transfer agreements vital to Canada’s cities and communities
will expire in March 2014;
WHEREAS Federal Investments over the last few years have helped to
slow the decline of our cities and communities, and the Government of
Canada has committed to develop a new long-term plan for municipal
infrastructure funding in consultation with municipal and
provincial/territorial governments;
Council Meeting Minutes - 15 - September 17, 2012
WHEREAS a seamless transition from the Building Canada Plan to a new
long term plan is necessary to ensure that municipalities can continue
planning their capital spending effectively;
WHEREAS the Federation of Canadian Municipalities (FCM) has
launched a campaign to ensure the new plan reflects municipal priorities
across the country and asks its member municipalities to pass a Council
resolution supporting the campaign;
AND WHEREAS our community has continuing infrastructure needs, such
as roads, bridges and related works, that can only be met with through the
kind of long-term planning and investment made possible by a national
plan;
THEREFORE BE IT RESOLVED THAT Council endorses the FCM
campaign and urges the Minister of Transport, Infrastructure and
Communities to work with FCM to ensure the new long-term infrastructure
plan meets the core infrastructure needs of cities and communities;
BE IT FURTHER RESOLVED THAT Council urges the Minister of
Transport, Infrastructure and Communities to ensure that the new long-
term plan is fully in place when existing programs expire in 2014; and
BE IT FURTHER RESOLVED THAT a copy of this resolution shall be sent
to the Minister of Transport, Infrastructure and Communities, the Minister
of Municipal Affairs and Housing, the Federation of Canadian
Municipalities and the Association of Municipalities of Ontario.”
Resolution #C-260-12
Moved by Councillor Traill, seconded by Councillor Hooper
THAT the resolution from the Federation of Canadian Municipalities (FCM), with
respect to development of a new long-term Federal plan for Municipal infrastructure
funding, be endorsed; and
THAT a copy be forwarded to John O’Toole, MPP, Durham.
“CARRIED”
D - 15 Donna Wilson, Clerk, Town of Tillsonburg, writing to the Honourable
Dalton McGuinty, Premier of Ontario, advising that on June 25, 2012,
Tillsonburg Town Council adopted the following resolution pertaining to
Business Tax Capping Reform:
Council Meeting Minutes - 16 - September 17, 2012
“WHEREAS the Province of Ontario first introduced mandatory ‘business
tax capping’ for the commercial, industrial and multi-residential property
classes as a temporary reform mitigation program for the 1998, 1999 and
2000 taxation years;
AND WHEREAS this ‘temporary’ and ‘transitional’ measure was
succeeded by a permanent business tax capping program for the 2001
and subsequent taxation years;
AND WHEREAS the 2012 taxation year will represent the fifteenth
taxation cycle for which mandatory business tax capping has applied;
AND WHEREAS the overall business tax capping scheme was introduced
as a means of assisting taxpayers manage tax shifts related to Provincial
Assessment and Property Tax reforms introduced for the 1998 taxation
year;
AND WHEREAS it has become evident over time that the protection
provided under this program has been less related to the original impacts
of reform and more so due to the ongoing impacts of subsequent
assessment base updates;
AND WHEREAS this program must now be seen as a redundant measure
in light of the Province’s successful four-year assessment phase-in
program, which more effectively and equitably addresses assessment
increases for all properties;
AND WHEREAS this program now has only a marginal impact on a very
limited number of taxpayers due to the County’s careful and deliberate
application of optional parameter and exclusion tools, and yet it remains a
significant burden on the financial and administrative resources of both the
County and local municipalities;
THEREFORE BE IT RESOLVED THAT the Town of Tillsonburg calls on
the Government of the Province of Ontario to Amend Part IX of the
Municipal Act, 2001 and supporting regulatory provisions so as to make
the entirety of that Part (Business Tax Capping) optional at the discretion
of each upper and single tier jurisdiction; and
THAT the Town of Tillsonburg calls on the Government of the Province of
Ontario to make these changes and amendments effective for the 2013
taxation year to coincide with the pending reassessment and related four-
year assessment cycle; and
Council Meeting Minutes - 17 - September 17, 2012
THAT the discussion paper ‘Allowing Municipalities to Opt Out of Business
Tax Capping’ prepared by Municipal Tax Equity (MTE) Consulting Inc.,
which speaks directly to this subject matter, and which addresses many of
this Council’s concerns, interests and preferences, shall be attached to,
and shall form a part of this motion; and
THAT copies of this motion, along with the above mentioned attachment,
are to be sent to: Premier Dalton McGuinty; The Honourable Dwight
Duncan, Minister of Finance, The Honourable Kathleen Wynne, Minister
of Municipal Affairs and Housing, Ernie Hardeman, MPP Oxford, Gary
McNamara, President, Association of Municipalities of Ontario (AMO),
Allan Doheny, Assistant Deputy Minister – Provincial Local Finance
Division (Acting); Janet Mason, Assistant Deputy Minister – Local
Government and Planning Policy Division, Minister of Municipal Affairs
and Housing, the County of Oxford, Western and Eastern Warden groups,
and all Municipalities in the Province of Ontario.”
Resolution #C-261-12
Moved by Councillor Novak, seconded by Councillor Woo
THAT the resolution fromTown of Tillsonburg, with respect to Business Tax Capping
Reform, be endorsed.
“CARRIED”
D - 16 David Urso, President/Owner, Canadian Tire Associate Store #170,
forwarding a petition in opposition to changes currently being
contemplated to the Retail Holidays Act for the City of Toronto; indicating
that changes to hours of operation will not increase revenues, will
increase costs and decrease profits; advising that retail employees also
need time to relax and enjoy family time, that the Municipality of
Clarington is not a border town and does not need to adopt U.S. hours in
order to compete; and, requesting that Council consider these views
before acting on an initiative that will negatively impact the lives of
thousands of residents.
Resolution #C-262-12
Moved by Councillor Hooper, seconded by Councillor Novak
THAT Correspondence Item D - 16 from David Urso, with respect to changes to the
Retail Holidays Act, be referred to the Bowmanville Business Improvement Area, the
Newcastle Business Improvement Area, the Orono Business Improvement Area and
the Clarington Board of Trade for comment.
“CARRIED”
Council Meeting Minutes - 18 - September 17, 2012
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee September 10, 2012.
Resolution #C-263-12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT the General Purpose and Administration Committee Report of September 10,
2012 be approved, with the exception of Items #1(d), #7, and #15.
“CARRIED”
Item #1(d)
Resolution #C-264-12
Moved by Councillor Novak, seconded by Councillor Woo
THAT Item 1(d) – COD-018-12 Contract Awards During Council Recess be referred to
the consideration of Staff Report #1.
“CARRIED”
Item #7
Resolution #C-265-12
Moved by Councillor Novak, seconded by Councillor Hooper
THAT Report PSD-041-12 be received;
THAT provided the application fee is received as adopted in Report PSD-040-12 that
Council endorse the resolution contained in Attachment 5 of Report PSD-041-12
supporting the FIT application by Solart Group on behalf of Chris Cooper, 5659
Gilmore Road as follows:
WHEREAS Solart Group (the applicant) proposes to construct and operate
a rooftop solar array (the "Project") on existing farm buildings on the lands
at 5659 Gilmore Road (the "Lands") in the Municipality of Clarington under
the Province's FIT Program;
AND WHEREAS the Applicant has requested that Council of the
Municipality of Clarington indicate by resolution Council's support for the
construction and operation of the Project on the Property;
Council Meeting Minutes _ 19 - September 17, 2012
AND WHEREAS, pursuant to the rules governing the FIT Program (the
"FIT Rules"), Applications whose Projects receive the formal support of
Local Municipalities will be awarded Priority Points, which may result in the
Applicant being offered a FIT Contract prior to other persons applying for
FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Clarington supports without reservation the construction and operation of
the Project on the Lands; and
THAT this resolution's sole purpose is to enable the Applicant to receive
Priority Points under the FIT Program and may not be used for the purpose
of any other form of municipal approval in relation to the Application or
Project or any other purpose.
THAT the application submitted by Hay Solar Holdings for 8969 Liberty Street not be
supported; and
THAT all interested parties listed in Report PSD-041-12 be advised of Council's
decision.
"CARRIED"
Resolution #C-266-12
Moved by Councillor Novak, seconded by Councillor Hooper
WHEREAS HybridynePower Generation Site 8 Inc. (the applicant) proposes to
construct and operate a rooftop solar array(the "Project") on existing buildings
associated with the golf course and the conference centre building for the
Newcastle Golf Course to be constructed to accommodate solar panels on the
lands at 2429 Golf Course Road (the "Lands") in the Municipality of Clarington
under the Province's FIT Program;
AND WHEREAS the Applicant has requested that Council of the Municipality of
Clarington indicate by resolution Council's support for the construction and
operation of the Project on the Property;
AND WHEREAS, pursuant to the rules governing the FIT Program (the "FIT
Rules"), Applications whose Projects receive the formal support of Local
Municipalities will be awarded Priority Points, which may result in the Applicant
being offered a FIT Contract prior to other persons applying for FIT Contracts;
NOW THEREFORE BE IT RESOLVED THAT Council of the Municipality of
Clarington supports without reservation the construction and operation of the
Project on the Lands; and
Council Meeting Minutes - 20 - September 17, 2012
THAT this resolution's sole purpose is to enable the Applicant to receive Priority
Points under the FIT Program and may not be used for the purpose of any other
form of municipal approval in relation to the Application or Project or any other
purpose.
“CARRIED”
Item #15
Resolution #C-267-12
Moved by Councillor Traill, seconded by Councillor Neal
THAT the Municipal Solicitor be directed to prepare a report, for the General Purpose
and Administration Committee meeting of October 15, 2012, regarding whether any
third parties can be held liable for the cost of the clean-up of the property for the
proposed new Fire Hall in Newcastle.
“CARRIED”
STAFF REPORT
Addendum#1 to Report COD-018-12 – Contract Awarded During Council Recess
Resolution #C-268-12
Moved by Councillor Woo, seconded by Councillor Traill
THAT Addendum #1 to Report COD-018-12 be received; and
THAT Report COD-018-12 be received for information.
“CARRIED”
UNFINISHED BUSINESS
Resolution #C-269-12
Moved by Councillor Neal, seconded by Councillor Novak
THAT the presentation by Inspector Rolf Kluem, Durham Regional Police Service
(DRPS) be received with thanks.
“CARRIED”
Council Meeting Minutes - 21 - September 17, 2012
BY-LAWS
By-law 2012-072 was received as a Hand-out.
Resolution #C-270-12
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-laws 2012-069 to 2012-072;
2012-069 Being a by-law to authorize the borrowing of $15,000,000 to meet, until the
taxes are collected, the current expenditures of the Municipality for the year
2012 and 2013
2012-070 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law
for the Corporation of the former Town of Newcastle (1494339 Ontario Ltd.
and Maria J. Williams)
2012-071 Being a By-law to amend Schedule A of the Fee By-law 2010-142;
2012-072 Being a By-law to exempt a certain portion of Registered Plan 40M-2457
from Part Lot Control (Halloway Developments Limited); and
THAT the said by-laws be approved.
“CARRIED”
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Mayor Foster advised that Tom Mulcair, Leader of the New Democratic Party,
Official Opposition was recently in Clarington and met with the Clarington Board
of Trade.
Councillor Hooper advised that on Sunday, September 23, 2012, the Bowmanville
Rotary Club will be hosting 56 Rotary Clubs from across the Province who will
participate in a “Walk the Talk” event through the Historic Bowmanville
Neighbourhood.
Councillor Hooper expressed appreciation to the Engineering Services
Department on behalf of area residents, walkers and cyclists for constructing the
Green Road sidewalk.
Council Meeting Minutes - 22 - September 17, 2012
CONFIRMING BY-LAW
Resolution #C-271-12
Moved by Councillor Hooper, seconded by Councillor Novak
THAT leave be granted to introduce By-law 2012-073, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
on the 17th day of September, 2012; and
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-272-12
Moved by Councillor Partner, seconded by Councillor Neal
THAT the meeting adjourn at 9:43 p.m.
"CARRIED" { _
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MAYOR U,Nr6IPAL CLERK
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