HomeMy WebLinkAbout09-30-2013
Council Meeting Minutes
SEPTEMBER 30, 2013
Minutes of a regular meeting of Council held on September 30, 2013 at 7:00 p.m., in
the Council Chambers.
Councillor Partner led the meeting in prayer.
ROLL CALL
Present Were: Mayor A. Foster
Councillor R. Hooper
Councillor J. Neal
Councillor W. Partner
Councillor C. Traill
Councillor W. Woo
Absent: Councillor M. Novak
Also Present: Chief Administrative Officer, F. Wu
Facilities Manager, G. Acorn
Director of Engineering Services, T. Cannella
Corporate Initiatives Officer, C. Clifford
Director of Operations, F. Horvath
Manager of Special Projects, F. Langmaid
Senior Planner, C. Strike, attended until 8:15 p.m.
Director of Finance/Treasurer, N. Taylor
Communications Coordinator, J. Vreeker, attended until 9:00 p.m.
Director of Emergency Services/Fire Chief, G. Weir
Administrative Assistant to the Municipal Clerk, C. Fleming
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
There were no pecuniary interests stated for this meeting.
ANNOUNCEMENTS
Councillor Neal announced the following:
He extended congratulations to the following people who helped with the
Heritage Harvest in Courtice: Clarington Museum and Archives Board
Members and staff Michelle Speelman Viney, Bonnie Seto, Marilyn Morawetz,
John Witheridge and Val, Julia Fielding and Charles Taws, Municipal staff
Lori Gordon, Rick Pigeon, Fred Horvath, Bob Genosko and Operations
Department staff, Bands Thicker Than Water, Russ Gordon, his daughter
Karen, Sally Ryba, special guests the Osgoode Adams Band featuring Al
Douglas, Dave Blakely and his wife Jane, sponsors and volunteers Jeff
Council Meeting Minutes - 2 - September 30, 2013
Goldman, Durham Group, Veridian, Ontario Power Generation, Roy Nichols
Motors, Sharon and Lou Davidson, Patti Knowler, Nicole Belanger, Monica
Neal, Justin and Sebastian Seto, Kim Neal, Mackenzie Bastarache, Shawna
Sidorkiewicz and Katie Prychitko
He acknowledged the passing of Ron Clemens
Councillor Partner announced the following:
Federal Electoral Boundaries realignment will see part of Ward 4 being moved
to the Northumberland Riding
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100 Anniversary of the Orono Armories, Saturday, October 5, 2013
Parents, Tots and Seniors Free Public Skating at the Orono Arena on
October 2, 2013
October 5, 2013, Clarington will host the Region’s E-Waste event at the
Operations Depot, 178 Darlington/Clarke Townline Road between 8:00 a.m.
and 12:00 noon. A local food bank will be collecting non-perishable food
October 5, 2013, Newcastle Fall Festival from 9:00 a.m. to 5:00 p.m., featuring
a car, truck and tractor show
October 5, 2013, Bee Gees Impersonators at the Newcastle Community Hall
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Running Maniacs are hosting their 8 Annual Fall Festival Run and Walk on
October 5, 2013, in support of Walk for Guide Dog Foundation
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19 Annual Newcastle Lions Walk for Dog Guides on October 5, 2013
October 19, 2013, Kendal Country Open Mic
November 2, 2013, Kendal Christmas Bazaar
November 16, 2013, Janice Parish and Royal Service Dance and Fundraiser in
support of the food bank
Councillor Traill announced that the original date for the Samuel Wilmot Nature Trail
Area Scavenger Hunt was rained out and the event is now scheduled for Saturday,
October 5, 2013, at 10:00 a.m.
Councillor Woo announced the following:
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He attended the 20 Anniversary of the Richmond Hill Chinese Business
Association Gala on September 28, 2013
Day of Hope and Leadership - Personal, Professional and Community
Development Day on October 1, 2013 at the Ajax Convention Centre
September is Gold Ribbon Childhood Cancer Awareness Month. Blood Donor
Clinics will be held on October 1, 4, 17 and 23, 2013
Bowmanville Zoo closes for the season on Thanksgiving Monday
Love From Max: Begley Family & Friends Variety Night at Tosca Banquet Hall
on October 12, 2013
Council Meeting Minutes - 3 - September 30, 2013
Councillor Hooper announced the following:
October 5, 2013, Clarington Girls’ Hockey Association Challenge Cup
The Grey Cup will be at Paddy’s Market on October 5, 2013, 11:00 a.m. to
3:00 p.m.
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5 Anniversary of Boston Pizza on October 6, 2013
Historic Downtown Bowmanville’s Apple Festival and Craft Sale on October 19,
2013, featuring apple fritters, dumplings, pies, crumbles, entertainment, music
and craft vendors
Re-opening of the new LCBO on October 9, 2013, at the Smart Centre
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The 15 Anniversary of the Clarington Older Adult Centre was very successful.
Variety Night was sold out
Congratulations to all involved in Family Safety Day at Fire Station 1.
Barry Wilson was recognized for 15 Years of Service to the Darlington Soccer
Association at the Durham Region Soccer Association Volunteer Recognition
Awards
Mayor Foster announced the following:
The Municipality was presented with a plaque for supporting the Heart Wise
Exercise Program Initiative
2013 Durham Region Employment Network EmployABILITY Awards Gala on
October 3, 2013, at the Tosca Banquet Hall kicking off National Disability
Employment Awareness Month for October
October 7, 2013, “Grandville Kids” Flag Raising
Ganaraska Forest is providing free hiking passes during “Ontario Hiking Week”,
an annual Province-wide event during the first week of October
Hair Cut-A-Thon on October 5, 2013, from 1:30 p.m. to 3:30 p.m. in support of
the Terry Fox Campaign at Holy Trinity Catholic Secondary School
October 6, 2013, Mountain Bike Duathalon from 11:00 a.m. to 4:00 p.m.
Volunteers have moved over 6,000 fish at the Fish lift at the Bowmanville Dam
and volunteers are always welcome
He expressed appreciation to St. Marys Cement, Ontario Power Generation
and Archibalds for hosting tours on Friday for the Consul General of the
People’s Republic of China and staff visiting the municipality
He thanked Municipal and Regional Staff for their efforts with respect to the re-
alignment of Federal Electoral Boundaries. Mayor Foster indicated that
although there was a plan to keep Durham whole, the Municipality ended up
with two ridings.
Council Meeting Minutes - 4 - September 30, 2013
Resolution #C-295-13
Moved by Councillor Traill, seconded by Councillor Woo
THAT the minutes of a regular meeting of Council September 16, 2013, be approved.
“CARRIED”
Resolution #C-296-13
Moved by Councillor Woo, seconded by Councillor Partner
THAT the Rules of Procedure be suspended to allow for additional delegations to be
added to the Agenda.
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Councillor Traill √
Mayor Foster √
Resolution #C-297-13
Moved by Councillor Woo, seconded by Councillor Partner
THAT David Forrester, Jeff Langley and Don Wright be added to the list of delegations
to address Correspondence Items D - 13 and D - 14.
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Councillor Traill √
Mayor Foster √
Council Meeting Minutes - 5 - September 30, 2013
PRESENTATIONS
Mayor Foster presented a cheque in the amount of $30,000, representing the
proceeds of the Mayor’s Classic Golf Tournament, to Chris Newman, Firehouse Youth
Centre and Gord Brook, President, Board of Directors, Maria Perrino, Dianna
Eastwood and Brian Sibley, John Howard Society of Durham.
Chris Newman expressed appreciation for the donation, indicating that the funds will
assist in expanding programming.
Rick Rossi, Port Darlington Community Association, Cristina Hodgins, Human
Resources Manager, Ruben Plaza, Environmental Manager, Wilson Little, Previous
Director, Engineering, Lands and Development, St. Marys Cement Community
Relations Committee addressed Council to present their 2012 Annual Report.
Mr. Rossi advised the purpose of the St. Marys Community Relations Committee is to
provide an opportunity for dialogue and relationship building between the community
and St. Marys and for St. Marys to report on their progress implementing the Westside
Marsh Configuration Plan. He indicated the Committee meets several times per year.
Through use of a PowerPoint presentation, Ruben Plaza summarized the
environmental awards St. Marys has received from the Portland Cement Association
as well as certifications under the International Organization for Standardization for
energy management. Mr. Plaza stated St. Marys has a systematic approach to
environmental performance which shows continuous improvement. He stated that
St. Marys was above their allowances of 2,808 for S0 in 2012 by emitting 5,082
2
tonnes; however, for the period 2006 to 2012 they were below their allowances of
27,703 tonnes emitting 26,556 tonnes. He also advised that for N0x St. Marys was
above their allowances of 2,553 in 2012 by emitting 3,291 tonnes; however, for the
period 2006 to 2012 they were below their allowances of 26,227 by emitting 25,584
tonnes. Mr. Plaza stated that in 2013, St. Marys Cement Bowmanville installed a lime
hydrator system to reduce S0emissions at a cost of over $5 million which
2
demonstrates St. Marys commitment and leadership to protecting the environment
and that St. Marys is the first Canadian Cement plant to have a Selective Non-
Catalytic Reduction (SNCR) and lime injection system to reduce its N0x and S0
2
emissions. Ms. Hodgins highlighted community initiatives including St. Marys
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donation of concrete required to build the picnic shelter for the 90 Anniversary of the
Orono Park, the Valleys 2000 Fish ladder, the company’s support of over 30 local
charities and their annual Open House and Blast Viewing. Mr. Plaza confirmed that
there were no exceedences for blasting in 2012 with only one exceedence for noise in
2012 and that the issue has been reviewed with the blasting company.
Council Meeting Minutes - 6 - September 30, 2013
DELEGATIONS
Barbara and John Montague addressed Council concerning Correspondence Item
D - 6 - State of Rural Roads. Mrs. Montague stated they were before Council this
evening to bring attention to the state of Best Road, to request funding to repave Best
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Road, north of the 8 Concession, and to have proper ditching so the spring runoff will
not destroy the road. Through use of a PowerPoint presentation, Mrs. Montague
highlighted sections of Best Road where the lack of ditching causes damage and is
eroded by the spring runoff. She noted that there are approximately 800 patches and
holes that have accumulated on a 2km section of the roadway over the past 26 years.
Mrs. Montague questioned the rationale for resurfacing the section of Best Road
which will be destroyed by the Highway 407 extension and summarized by stating
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Best Road North requires ditching, paving between the 8 Concession and Skelding
Road and that the Municipality needs to provide a safe maintained road for area
residents.
Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington addressed
Council to provide an update on the Agency’s 100 Years of Mentoring. Ms. Brown
played a video entitled “Start Something” highlighting the benefits of mentoring and
introduced Nancy Harris, President, Board of Directors and Kira Nowick and Caitlyn
Lyver, Little Sisters. Ms. Brown stated Big Brothers Big Sisters of Clarington develop
and implement a variety of programs to meet the needs of the community. She noted
that over the past few years, the Agency has embarked on research studies which
demonstrate the importance of mentoring and highlighted statistics in support of the
findings.
Resolution #C-298-13
Moved by Councillor Woo, seconded by Councillor Partner
THAT the delegation of Darlene Brown be extended.
“CARRIED”
Ms. Brown called upon Kira Nowick and Caitlyn Lyver who provided their personal
experiences as Little Sisters.
Ms. Brown indicated the Agency relies on community support noting the physical
location does not provide adequate space and requires major repair work. She
expressed concern that the Agency cannot continue to meet the needs of the
community unless sustainable funding is found. Ms. Brown was requesting Council’s
support in committing further investment and to discuss ways to engage the
municipality so that children of the community can reach their full potential.
Council Meeting Minutes - 7 - September 30, 2013
Kerry Meydam addressed Council concerning Item 13 of Report #1 - Continuous
Monitoring Mercury and All Particulate Matter at the Incinerator Stack. Ms. Meydam
advised she was in attendance to request Council to support the motion brought
forward from the General Purpose and Administration Committee to request that
Durham Region include continuous emissions monitoring of mercury and total
particulate matter at the stack. She expressed concern that while residents were
promised the most modern and state-of-the art emission control technologies for
emission standards and monitoring of the EFW facility, they are only getting the
minimum required by the Ministry of the Environment. Ms. Meydam stated that
residents have repeatedly asked for continuous monitoring of particulate matter and of
mercury for the protection of the health of Clarington and Durham residents and
beyond and that only frequent enough monitoring of all contaminants can prove that
emissions limits are being met.
Resolution #C-299-13
Moved by Councillor Partner, seconded by Councillor Woo
THAT Council recess for 15 minutes.
“CARRIED”
The meeting reconvened at 9:40 p.m.
Wendy Bracken addressed Council concerning Item 13 of Report #1 - Continuous
Monitoring Mercury and All Particulate Matter at the Incinerator Stack. Ms. Bracken
indicated that she was in attendance to urge Council to endorse the recommendation
brought forward by the General Purpose and Administration Committee as a
necessary and responsible step to protect the residents. Ms. Bracken expressed
concern that most of the pollutants including particulate matter and mercury will be
monitored only one day per year. She noted that in Europe, particulate matter is
monitored continuously and averages are calculated every ½ hour. Ms. Bracken feels
it is important for Council to send a request for continuous monitoring of particulate
matter and mercury as it is possible and can be done. She suggested that the motion
be amended to reflect “continuous emissions/sampling of mercury and continuous
emissions at the stack”. She expressed concern that the Durham/York program does
not meet or exceed European Union requirements and that residents were promised
that this incinerator would meet or exceed EU requirements. Ms. Bracken feels it is
important for Council to evaluate what ambient monitoring has revealed as the
Courtice site already exceeds World Health Organization (WHO) benchmarks and is
above the Canadian air ambient standards coming into effect. She stated particulate
matter is a problem in the area, and it is essential that continuous emissions
monitoring be undertaken.
Council Meeting Minutes - 8 - September 30, 2013
Resolution #C-300-13
Moved by Councillor Traill, seconded by Councillor Partner
THAT Wendy Bracken’s delegation be extended by three minutes.
“CARRIED”
Ms. Bracken stated that British Columbia is adopting the European Union model and
questioned why the same isn’t being applied here.
Wendy Bracken addressed Council concerning Item 14 of Report #1 - Environmental
Assessment for the Energy From Waste Incinerator Plant and Emissions from the St.
Marys Cement Plant. Ms. Bracken expressed disappointment in the presentation of
St. Marys Cement’s Annual Report as she feels the presentation focused more on
awards received and support of local charities but skirted the real community issue of
pollution exceedences. She questioned the process of buying credits so St. Marys
can report higher emissions here than what are permitted and suggested that Council
seek a legal opinion on purchasing credits when the company is already exceeding
ambient air emission limits. Ms. Bracken urged Council to look at the big picture as
the EA for the Courtice EFW site has identified the existence of respiratory irritants
and questioned who is looking at these combined effects. Ms. Bracken suggested
that Council should request St. Marys not to add more pollution to the area by not
exceeding their emissions and by not using credits.
Dave Forrester, Jeff Langley and Don Wright addressed Council in support of allowing
part-time volunteer fire-fighters to work past age 60. Mr. Forrester indicated that he
was allowed to continue working and highlighted the benefits of having senior
firefighters who are willing and trained being permitted to continue working past age
60. He urged Council to remove the roadblocks that prevent this from happening.
Mr. Langley and Mr. Wright stated they were both in attendance to request permission
to continue their service to the Municipality beyond the age of 60.
Resolution #C-301-13
Moved by Councillor Partner, seconded by Councillor Hooper
THAT in accordance with Section 239(2) of the Municipal Act, 2001, as amended, the
meeting be closed for the purpose of dealing with a matter that deals with personal
matters about an identifiable individual, including municipal or local board employees.
“CARRIED”
Councillor Neal raised a Point of Order questioning how the meeting could be “closed”
with members of the public in attendance.
Council Meeting Minutes - 9 - September 30, 2013
The Municipal Clerk quoted the relevant section of the Municipal Act permitting
delegations to be held during a “closed” session.
Councillor Neal returned to the Council Chambers at 10:26 p.m.
The meeting resumed in open session at 10:40 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.
Dave Forrester, Jeff Langley and Don Wright responded to questions from the
Members of Council.
Resolution #C-302-13
Moved by Councillor Neal, seconded by Councillor Hooper
THAT, in accordance with Section 10.12.34 of the Procedural By-law,the meeting be
extended for two hours.
“CARRIED”
Resolution #C-303-13
Moved by Councillor Partner, seconded by Councillor Woo
THAT the Order of the Agenda be altered to consider Correspondence Items D - 13
and D - 14 at this time.
“CARRIED”
D - 13 Confidential correspondence regarding a personnel matter.
D - 14 Confidential correspondence regarding a personnel matter.
Council Meeting Minutes - 10 - September 30, 2013
Resolution #C-304-13
Moved by Councillor Woo, seconded by Councillor Partner
THAT the Rules of Procedure be suspended to allow for a motion of reconsideration
to be introduced.
“MOTION LOST ON THE FOLLOWING
RECORDED VOTE:”
(3/4 vote majority required)
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Woo √
Councillor Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Councillor Traill √
Mayor Foster √
Resolution #C-305-13
Moved by Councillor Neal, seconded by Councillor Traill
THAT Correspondence Items D – 13 and D – 14 be referred to staff for a report back
to the next Council meeting including discussion of the Municipality’s policy of
standard retirement at age 60 for Volunteer Fire Fighters.
“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 - 11 - September 30, 2013
Resolution #C-306-13
Moved by Councillor Partner, seconded by Councillor Traill
THAT Council recess for ten minutes.
“CARRIED”
The meeting reconvened at 11:26 p.m.
COMMUNICATIONS
Resolution #C-307-13
Moved by Councillor Neal, seconded by Councillor Hooper
THAT the communications to be received for information be approved, with the
exception of Correspondence Items I - 8, I - 11, and I - 12.
“CARRIED”
I - 1 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated September 10, 2013
I - 2 Minutes of the Clarington Heritage Committee dated September 17, 2013
I - 3 Minutes of the Agricultural Advisory Committee of Clarington dated
September 12, 2013
I - 4 Minutes of the Clarington Accessibility Advisory Committee dated
September 4, 2013
I - 5 Minutes of the Central Lake Ontario Conservation Authority dated
September 17, 2013
I - 6 Minutes of the Clarington Safe Communities Advisory Committee dated
September 19, 2013
Council Meeting Minutes - 12 - September 30, 2013
I - 7 Amy Terrill, Vice President Public Affairs, Music Canada, advising Music
Canada represents the major music companies and artists in Canada and
works directly with recording studios, live music venues and music
festivals, including Boots and Hearts; indicating that Boots and Hearts is a
unique music festival in Ontario but one of many that contribute to the
economic, social and cultural benefits live music brings to Ontario; advising
that the Province has identified music as a key economic sector and has
announced a coordinated strategy to market Ontario as one of the best
destinations for live music in the world; indicating that music festivals pump
millions of dollars into their local economies and that Boots and Hearts is a
huge opportunity for Clarington as its host community; and, encouraging
the Municipality to work with Republic Live in order to maximize the
benefits of the festival and to address any concerns that may arise.
I - 9 Darlene Brown, Executive Director, Big Brothers Big Sisters of Clarington,
providing an update of activities which took place during the yearlong
celebration marking 100 years of mentoring in Canada and revealing
research findings in support of mentoring with respect to student success,
civic engagement and dealing with bullying.
I - 10 Roger Saunders, Director, Strategic Planning, Regional Municipality of
Durham, forwarding a copy of Report No. 2013-P-55 of the Commissioner
of Planning and Economic Development regarding the National Household
Survey (2011) – Mobility, Education, and Labour Force.
I - 13 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, advising Council that on September 18, 2013,
Regional Council adopted the following resolution pertaining to Quarterly
Report on Planning Activities:
“a) THAT Report #2013-P-50 of the Commissioner of Planning and
Economic Development be received for information; and
b) THAT a copy of Report #2013-P-50 be forwarded to all Durham Area
Municipalities, Durham Regional Police Service, and Durham
Emergency Medical Services for information.”
I - 12 Debbie Shields, City Clerk, City of Pickering, writing to the Toronto and
Region Conservation Authority, advising that on September 16, 2013, the
City of Pickering adopted the following resolution pertaining to
Conservation Policies: The Draft “Living City Policies”, Toronto and
Region Conservation Authority and “Watershed Management Futures for
Ontario”, Conservation Ontario Whitepaper:
Council Meeting Minutes - 13 - September 30, 2013
“1. THAT Report PLN 15-13 of the Director, City Development regarding
the draft “Living City Policies” of the Toronto and Region Conservation
Authority and the “Watershed Management Futures for Ontario”, a
Whitepaper by Conservation Ontario, be received;
2. THAT City Staff comments on the draft “Living City Policies” of Toronto
and Region Conservation Authority, as set out in Appendix I to Report
PLD 15-13, be endorsed, and Toronto and Region Conservation
Authority be requested to reflect the comments in the final “Living City
Policies” and that TRCA be requested to respond in writing to the City
of Pickering with respect to these matters;
3. THAT Pickering Council advise Conservation Ontario and the Ministers
of Natural Resources, Environment, Municipal Affairs and Housing,
Infrastructure, and Agriculture, Food and Rural Affairs, that the City of
Pickering does not support:
a) transfer of ownership of flood control infrastructure to
municipalities from Conservation Authorities; and
b) delegation of the authority for policy interpretation for natural
heritage protections under the Planning Act to Conservation
Authorities from municipalities;
4. THAT Pickering Council request that area municipalities be invited to
participate in the discussions about a new funding formula for
Conservation Authorities that may have direct impacts on municipal
interests; and
5. FURTHER, THAT copies of Report Number PLN 15-13 be forwarded
to the Toronto and Region Conservation Authority, the Region of
Durham, other Durham Region local municipalities, the Association of
Municipalities of Ontario, Conservation Ontario and the Ministers of
Natural Resources, Environment, Municipal Affairs and Housing,
Infrastructure, and Agriculture, Food and Rural Affairs.”
Resolution #C-308-13
Moved by Councillor Neal, seconded by Councillor Traill
THAT Correspondence Item I – 12 from Debbie Shields, City Clerk, City of
Pickering, with respect to Conservation Policies: The Draft “Living City Policies”,
Toronto and Region Conservation Authority and “Watershed Management Futures
for Ontario”, Conservation Ontario Whitepaper, be referred to staff for a report.
“CARRIED”
Council Meeting Minutes - 14 - September 30, 2013
I - 8 Nicole Welsbury, Manager of Legislative Services/Deputy Clerk, Town of
Ajax, writing to the National Energy Board advising that on September 9,
2013, the Town of Ajax adopted the following resolution pertaining to
Enbridge Line 9B Reversal and Line 9 Capacity Expansion Project:
“1. THAT Enbridge Pipelines be required to install remotely controlled
isolation valves at shorter intervals within Durham Region, including
working with conservation authorities to determine key watercourses
where additional isolation valves should be installed, to minimize the
volume of oil that may be released during a spill.
2. THAT Enbridge Pipelines be required to conduct an integrity dig at
Kilometre Post (KP) 3112.9 to protect against a possible worst case
scenario spill in Durham Region.
3. THAT Enbridge Pipelines be required to establish a new Enbridge Oil
Pipeline emergency response crew, including emergency equipment
storage facility, between Westover and Belleville to reduce Enbridge’s
emergency response times for Ontario’s most densely populated area.
4. THAT Enbridge Pipelines be required to deliver annual emergency
response training and detailed information sessions regarding Line 9 to
conservation authority staff, regional and local municipal staff, and
emergency services personnel.
5. THAT Enbridge Pipelines be required to, in collaboration with
municipalities, identify stormwater sewer catch basin locations and
stormwater management pond locations in their mapping for emergency
response purposes.
6. THAT Enbridge Pipelines be required to develop local municipal specific
Emergency Response Plans that are aligned with existing municipal
emergency plans.
7. THAT the Letter of Comment to the National Energy Board regarding
Enbridge’s application for the Line 9B Reversal and Line 9 Capacity
Expansion Project, as provided in Attachment 1, be received for
information.
Council Meeting Minutes - 15 - September 30, 2013
8. THAT this Report be circulated to the National Energy Board; Enbridge
Pipelines Inc.; Durham Region; City of Pickering, Town of Whitby, City
of Oshawa; Municipality of Clarington; Toronto and Region
Conservation Authority; Central Lake Ontario Conservation Authority;
Ganaraska Region Conservation Authority; Town of Ajax Environmental
Advisory Committee; the cities of Mississauga, Kingston, Hamilton,
Burlington and Toronto, all Members of Parliament representing the
lakeshore municipalities in Durham; the leaders of the major federal
political parties; Environmental Defense, and DurhamCLEAR.”
Resolution #C-309-13
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the resolution of the Town of Ajax, with respect to the Enbridge Line 9B
Reversal and Line 9 Capacity Expansion Project, be endorsed.
“CARRIED”
I - 11 Debra Nicholson, Local Area Manager – Durham, Canada Post, advising
that Canada Post is committed to providing postal services in urban and
rural communities across the Country; however, they need to make smart
choices to maintain local service without becoming a burden on Canadian
taxpayers; indicating that they will be holding discussions with the local
representative of their employees’ association, the Canadian Postmasters
and Assistants Association (CPAA), regarding the potential closure on
Saturdays and realignment of hours during the week at the Orono Post
office and will communicate with Council once discussions have occurred.
Resolution #C-310-13
Moved by Councillor Partner, seconded by Councillor Woo
THAT Council send correspondence to the Canada Post Area Manager and Canada
Post requesting that the hours at the Orono Post Office remain status quo.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-311-13
Moved by Councillor Partner, seconded by Councillor Traill
THAT Correspondence Items D - 2 to D - 5 be approved as per the Agenda.
“CARRIED”
Council Meeting Minutes - 16 - September 30, 2013
D - 2 Angela Tibbles, Chair, Clarington Heritage Committee, requesting that
February 17 to 23, 2014 be proclaimed “Heritage Week 2014” to
showcase Clarington’s heritage and to assist residents in discovering
interesting historical facts about the Municipality; requesting permission to
install a banner at the western edge of Bowmanville from February 1 to
23, 2014 to promote the week and events; advising the theme for
“Heritage Week 2014” will focus on Clarington’s agricultural history; and,
encouraging Members of Council to participate in the events to celebrate
Heritage Week.
(Proclaimed, installation of a banner
approved and Veridian advised)
D - 3 Don Cooper, Past President/Poppy Chairman, Royal Canadian Legion
Branch 178, requesting permission to raise the Poppy Flag on Thursday,
October 24, 2013, in support of the 2013 Poppy Campaign which starts on
October 25, 2013.
(Approval granted for raising of the Poppy
Flag on October 24, 2013)
D - 4 Keith MacDonald, Gate 3:16 Outreach Centre, requesting permission to
host the “Ride for Refuge”, a 10km and 25km fundraising bike-a-thon
event on October 5, 2013, from 8:30 a.m. until approximately 2:00 p.m.,
and forwarding proposed routes which will start and end at Hope
Fellowship Church at 1685 Bloor Street, Courtice.
(Approved provided the organizers apply for
and obtain a road occupancy permit from
the Engineering Services Department)
D - 5 Anne Lannan, Ontario Community Newspapers Association, forwarding
information on the Ontario Junior Citizen of the Year Awards, a program to
recognize outstanding young people in their own communities who exhibit
courage, leadership and community spirit; and, requesting assistance in
promoting the program. Nomination forms are available at www.ocna.org,
by calling OCNA at 905-639-8720 or by e-mail at k.gorven@ocna.org.
The deadline for nominations is November 30, 2013.
(Correspondence referred to the Municipal
Clerk to place on the Municipal website)
Council Meeting Minutes - 17 - September 30, 2013
D - 1 Don Head, Commissioner, Correctional Service Canada (CSC) calling on
all Mayors, Chiefs, Reeves, Councillors and community leaders from
across Canada to proclaim “Restorative Justice Week 2013”, from
November 17 to 24, 2013; and, advising that this year’s theme “Inspiring
Innovation” encourages the sharing of leading edge examples of
restorative justice as an inspired approach to justice and showcases the
field’s achievements in hopes that those working in restorative justice will
seek novel ways to contribute further to this valuable work through new
technologies, resource options and service models.
Resolution #C-312-13
Moved by Councillor Traill, seconded by Councillor Woo
THAT November 17 to 24, 2013, be proclaimed “Restorative Justice Week 2013”.
“CARRIED”
D - 6 Barbara Montague expressing concern with the lack of funding for rural
roads; advising that last spring a fast flowing river tore Best Road apart
and while a crew patched the road in a timely fashion, the destruction to
the road could have caused harm or damage to vehicles; and,
acknowledging that she has addressed the issue of the reconstruction of
Best Road with staff on several occasions and has been advised of the
lack of funding for rural road maintenance.
Resolution #C-313-13
Moved by Councillor Partner, seconded by Councillor Neal
THAT Correspondence Item D - 6 from Barbara Montague with respect to lack of
funding for rural road maintenance and the request for resurfacing Best Road North,
be referred to the 2014 budget.
“CARRIED”
D - 7 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, writing to the Honourable Bob Chiarelli, Minister of
Energy, advising that on September 18, 2013, Regional Council adopted
the following resolution pertaining to update on Provincial Energy Planning
consultations, Regional staff participation and opportunity for Regional
Council input to the reviews of Ontario’s Long Term Energy Plan and
Conservation and Demand Management Framework:
Council Meeting Minutes - 18 - September 30, 2013
“a) THAT Joint Report #2013-J-23 be submitted to the Minister of Energy
and the Environmental Bill of Rights Registry (EBR) as Durham
Region’s response to EBR postings 011-9490 and 011-9614;
b) THAT the Region recommends that the Province develop guiding
principles for energy planning including meaningful engagement with
the public and municipalities, respect for municipal official plans,
transparency, economic benefits, accountability, efficiency, equity and
sustainability;
c) THAT with respect to Ontario’s energy supply mix, the Ministry of
Energy be advised that Durham Region:
i) supports the continued use and development of nuclear energy
as reliable source of baseload electricity and a key element of
Ontario’s energy supply mix;
ii) supports the development of electric power facilities, including
renewable energy facilities in appropriate locations determined in
consultation with willing area municipalities and through proper
environmental assessment and land use planning processes; and
iii) advocates for adequate and effective provincial incentives for
Regional and local municipalities to incorporate renewable
energy installations on/in (existing and new) municipal facilities to
supplement their energy needs and potentially sell power to the
grid;
d) THAT the Region recommends that in developing Ontario’s Long-
Term Energy Plan, the Province should conduct a more integrated
evaluation of:
i) the economic, environmental, community and land use impacts of
a particular mix of energy sources (hydro, nuclear, gas, wind,
solar biomass, etc.);
ii) the mix of energy facility sizes and locations that will lead to a
resilient supply system; and
iii) the costs and environmental impacts of the
transmission/distribution systems associated with the proposed
energy supply mix;
Council Meeting Minutes - 19 - September 30, 2013
e) THAT the Region further recommends in setting its energy policy, the
Province recognizes the importance of affordable, reliable energy
coupled with reduction in greenhouse gases as important
determinants of human health, community well-being and
environmental protection;
f) THAT with respect to safeguarding drinking water sources, the
Region recommends that the Province ensure that energy projects
not introduce significant drinking water threats into an intake
protection zone or wellhead protection area. Any potential
contamination pathways into an aquifer created by an energy project
must be properly regulated by the Province (e.g. dewatering wells or
geothermal installations should be regulated under O.Reg. 903);
g) THAT with respect to environmental protection, the Region urges the
Province to support removal of the nuclear waste from the Darlington
and Pickering nuclear sites as expeditiously as possible, away from
large and growing urban centres and the Lake Ontario drinking water
supply;
h) THAT with respect to the energy conservation framework, the Region
recommends that the Province support municipal efforts to contribute
to conservation and demand management targets through:
i) stable and improved provincial incentives, funding supports and
technical supports;
ii) reduced administrative and reporting burdens; and
iii) more collaborative efforts with Local Distribution Companies
(LDCs) and other key industry stakeholders;
i) THAT the Region recommends that the Province makes power
produced by municipal energy-from-waste facilities eligible for
renewable FIT (feed-in-tariff) pricing;
j) THAT with respect to the voluntary Municipal Energy Plan (MEP)
Program, the Region recommends that the program be amended to
extend provincial funding, resources and technical support to upper-
tier municipalities to complement MEP funding provided to lower-tier
municipalities since upper-tier municipalities may be required to
acquire new technical expertise to provide input to these
comprehensive plans;
Council Meeting Minutes - 20 - September 30, 2013
k) THAT the Region recommends that the Province works with the
Municipal Property Assessment Corporation (MPAC) to consult
municipalities about the appropriate valuation of traditional and
alternative energy installations (e.g. nuclear plants, wind turbines)
through the property assessment system to fairly represent the value
of the facilities;
l) THAT the Province be advised that the Region shares the views of
the plans for nuclear refurbishments and nuclear replacement build in
the 2010 Long Term Energy Plan as well founded and which should
continue to be implemented; and
m) THAT copies of Joint Report #2013-J-23 be forwarded to Durham’s
area municipalities, Durham’s conservation authorities, Local
Distribution Companies (LDCs), the Association of Municipalities of
Ontario, and the Canadian Association of Nuclear Host Communities.”
Resolution #C-314-13
Moved by Councillor Woo, seconded by Councillor Neal
THAT Correspondence Item D – 7 from D. Bowen, Regional Clerk/Director of
Legislative Services, Regional Municipality of Durham, with respect to update on
Provincial Energy Planning consultations, Regional staff participation and
opportunity for Regional Council input to the reviews of Ontario’s Long Term Energy
Plan and Conservation and Demand Management Framework, be received for
information.
“CARRIED”
D - 8 John R. O’Toole, MPP, Durham, providing an update on Bill 44, the
Capacity to Pay Act, 2013, regarding arbitration reform, expressing
concern that the Liberals and the New Democrats voted together against
the Capacity to Pay Act, 2013 earlier this year and against the Ability to
Pay Act, 2012, the previous year; indicating that the Association of
Municipalities of Ontario (AMO) has endorsed Bill 44, the Capacity to Pay
Act, 2013, and that MPP Jim Wilson, Opposition House Leader, has
written to the Liberal and NDP House Leaders asking that they bring
forward comprehensive arbitration reform; and, urging Council to reaffirm
its stance on the importance of fixing the broken arbitration system and to
continue to advocate with the provincial government for the reforms
Ontario municipalities need. (On November 5, 2012, Council received
correspondence with respect to this matter for information.)
Council Meeting Minutes - 21 - September 30, 2013
Resolution #C-315-13
Moved by Councillor Neal, seconded by Councillor Traill
THAT Correspondence Item D – 8 from John R. O’Toole, MPP, Durham, providing
an update on Bill 44, the Capacity to Pay Act, 2013, be received for information.
“CARRIED”
D - 9 Kristiina Loorand, Operations Manager, National Diabetes Trust,
requesting Council to enact a by-law to regulate the placement and
maintenance of clothing donation drop boxes in Clarington; indicating that
the Trust has over 25 years of experience in the collection of used clothing
for the purpose of providing funding for charitable work and diverting 46
million kg from landfills annually and have developed practices including
obtaining partner permission prior to Drop Box placement, regular Drop
Box servicing; contact number and Charitable registration number on all
Drop Boxes and maintaining communication with partners to address
concerns; and, advising that the Trust feels that a charitable Drop Box By-
law influenced by their proven practices would benefit the needs of the
Community.
Resolution #C-316-13
Moved by Councillor Neal, seconded by Councillor Woo
THAT Correspondence Item D - 9 from Kristiina Loorand, Operations Manager,
National Diabetes Trust, with respect to the enactment of a by-law to regulate the
placement and maintenance of clothing donation drop boxes in Clarington, be
referred to staff.
“MOTION LOST”
Resolution #C-317-13
Moved by Councillor Partner, seconded by Councillor Hooper
THAT Correspondence Item D - 9 from Kristiina Loorand, Operations Manager,
National Diabetes Trust, with respect to the enactment of a by-law to regulate the
placement and maintenance of clothing donation drop boxes in Clarington, be
received for information.
“CARRIED”
Council Meeting Minutes - 22 - September 30, 2013
D - 10 Joanne L. McMillin, City Clerk, City of Kenora, writing to the Honourable
Kathleen Wynne, Premier of Ontario, advising that on September 17,
2013, the City of Kenora adopted the following resolution pertaining to a
Provincial ban of flying lanterns:
“THAT Council of the City of Kenora hereby petitions the Provincial
Government to have flying lantern devices banned from use and sale in
the Province of Ontario; and
THAT Council of the City of Kenora circulates a copy of this resolution to
all Ontario Municipalities for endorsement and support; and further
THAT the City of Kenora Fire and Emergency Services initiate
enforcement action when the identity of the owner of the device can be
determined, through appropriate sections of the Ontario Fire Code.”
Resolution #C-318-13
Moved by Councillor Woo, seconded by Councillor Neal
THAT the resolution of the City of Kenora, with respect to a Provincial ban of flying
lanterns, be endorsed.
“CARRIED”
D - 11 Dennis Purcell, Chair, Bancroft & Hastings Highlands Disaster Relief
Committee, advising that on May 16, 2013, the Minister of Municipal
Affairs and Housing declared the Town of Bancroft and the Municipality
Hastings Highlands as disaster areas for the purpose of the Ontario
Disaster Relief Assistance Program (ODRAP), in response to flooding
conditions which caused severe infrastructure damage to homes and
businesses; indicating that under ODRAP, the province will top up funds
raised to pay eligible claims at 90 per cent up to a maximum of $2:$1 ratio;
indicating that following preliminary assessments by the Provincial
Disaster Assessment Team, the Committee has set a financial goal of
$87,500 and is making measurable gains towards meeting this goal by the
fundraising campaign deadline of October 31, 2013; and, requesting
Council consider a donation in any amount for this worthwhile cause.
Resolution #C-319-13
Moved by Councillor Neal, seconded by Councillor Woo
THAT the request for financial assistance from Dennis Purcell, Chair, Bancroft &
Hastings Highlands Disaster Relief Committee, be received for information.
“CARRIED”
Council Meeting Minutes - 23 - September 30, 2013
D - 12 Sylvia Jones, MPP, Durham-Caldedon, forwarding details of her Private
Member’s Bill, Bill 56, the Aggregate Recycling Promotion Act, which, if
adopted, would ensure that recycled aggregates can be included in
construction projects paid for with public money; advising that research
has proven that recycled aggregates are as safe and reliable as primary
aggregates and that the Aggregate Recycling Promotion Act balances the
need for aggregate extraction by encouraging the use of recycled
aggregates; forwarding an overview of the bill; and, requesting feedback
on the Aggregate Recycling Promotion Act.
Resolution #C-320-13
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Correspondence Item D – 12 from Sylvia Jones, MPP, Durham-Caldedon,
with respect to Private Member’s Bill, Bill 56, the Aggregate Recycling Promotion
Act, be endorsed.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report September 23,
2013
Resolution #C-321-13
Moved by Councillor Woo, seconded by Councillor Traill
THAT the General Purpose and Administration Committee Report of September 23,
2013 be approved, with the exception of Items #8 and #13.
“CARRIED”
Council Meeting Minutes - 24 - September 30, 2013
Item #13
Resolution #C-322-13
Moved by Councillor Woo, seconded by Councillor Traill
THAT the Municipality of Clarington request that the Regional Municipality of
Durham amend the Regional Report, regarding the Energy-from-Waste (EFW)
incinerator plant, as it appears on the October 9, 2013 Regional Council Agenda,
to undertake continuous sampling of mercury and continuous emission monitoring
of all total particulate matter at the incinerator stack.
“CARRIED AS AMENDED LATER IN
THE MEETING”
(See following motion)
Resolution #C-323-13
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-322-13 be amended by adding the following
paragraph:
“THAT Clarington seek a legal opinion from an environmental lawyer at a
cost not to exceed $10,000 as to whether the Region’s final monitoring plan
will comply with sections 3.2 and 3.3. of the Host Community Agreement and
if not, what remedies Clarington can avail itself to enforce the Community
Agreement.”
“CARRIED ON THE FOLLOWING
RECORDED VOTE:”
Council Member Yes No Declaration of Absent
Pecuniary Interest
Councillor Neal √
Councillor Novak √
Councillor Partner √
Councillor Traill √
Councillor Woo √
Councillor Hooper √
Mayor Foster √
Council Meeting Minutes - 25 - September 30, 2013
Resolution #C-324-13
Moved by Councillor Woo, seconded by Councillor Partner
THAT the Rules of Procedure be suspended to allow Mayor Foster to enter
debate on emissions monitoring.
“CARRIED”
Councillor Neal raised a Point of Order indicating that Mayor Foster should not be
taking part in debate.
Mayor Foster indicated that he is entitled to speak to this matter.
Resolution #C-325-13
Moved by Councillor Neal, seconded by Councillor Traill
THAT the question be now put.
“CARRIED”
Resolution #C-323-13 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 Hooper √
Councillor Neal √
Councillor Novak √
Councillor Partner √
Councillor Traill √
Councillor Woo √
Mayor Foster √
Item #8
Resolution #C-326-13
Moved by Councillor Traill, seconded by Councillor Neal
THAT Report EGD-033-13 be received; and
Council Meeting Minutes - 26 - September 30, 2013
THAT By-law 91-58 be amended to permit parking on the paved portion of the
boulevard apron provided that the vehicle does not encroach on the sidewalk, or
the travelled portion of the roadway.
“CARRIED LATER IN THE MEETING”
(See following motion)
Resolution #C-327-13
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the foregoing Resolution #C-326-13 be amended to permit parking on the
paved portion of the boulevard apron for a one-year time limit.
“MOTION LOST”
Resolution #C-326-13 was then put to a vote and 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 √
STAFF REPORT(S)
Report LGL-009-13 - Letter from Martin D. Gerkes Dated August 7, 2013 Request for
Amendment to Development Charges By-Law
Resolution #C-328-13
Moved by Councillor Neal, seconded by Councillor Hooper
THAT Report LGL-009-13 be received for information.
“CARRIED”
UNFINISHED BUSINESS
There was no Unfinished Business considered under this Section of the Agenda.
Council Meeting Minutes - 27 - September 30, 2013
BY-LAWS
Resolution #C-329-13
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2013-080 to 2013-083
2013-080 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (Lindvest Developments Ltd.)
2013-081 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (H & H Properties Inc.)
2013-082 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Municipality of Clarington (2265719 Ontario Inc.) (Northglen – Phase 1)
2013-083 Being a By-law to amend By-law 91-58, as amended, being a By-law to
Regulate Traffic on Highways, Municipal and Private Property in the
Municipality of Clarington; and
THAT the said by-laws be approved.
“CARRIED”
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Councillor Hooper indicated that the City of Toronto has adopted a resolution requiring
all fill being transported from Toronto to undergo a complete scrutineering.
CONFIRMING BY-LAW
Resolution #C-330-13
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-law 2013-084, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 30 day of September, 2013; and
Council Meeting Minutes - 28 - September 30, 2013
THAT the said by-law be approved.
"CARRIED"
ADJOURNMENT
Resolution #C-331-13
Moved by Councillor Partner, seconded by Councillor Neal
THAT the meeting adjourn at 12:14 a.m., October 1, 2013.
"CARRIED"
AY Rm M ,LERK