HomeMy WebLinkAbout01-13-2014 (Adopted as Amended)
Adopted as Amended
Council Meeting Minutes
JANUARY 13, 2014
Minutes of a regular meeting of Council held on January 13, 2014 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
Municipal Solicitor, A. Allison
Director of Engineering Services, T. Cannella
Director of Community Services, J. Caruana
Corporate Initiatives Officer, C. Clifford
Director of Planning Services, D. Crome
Deputy Treasurer, L. Gordon
Director of Operations, F. Horvath
Director of Corporate Services and Human Resources,
M. Marano
Communications Co-ordinator, J. Vreeker, attended
until 7:20 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
Councillor Neal indicated that he would be declaring a perceived pecuniary interest
with respect to Item 7 of Report #1.
ANNOUNCEMENTS
Councillor Partner announced the following:
Kendal Community Hall Board “Open Mic” on Saturday, January 18, 2014, from
1:00 p.m. to 5:00 p.m. at the Kendal Community Hall – Tickets are $5.00
Council Meeting Minutes - 2 - January 13, 2014
Newtonville Community Hall Board, Chili Dinner on Sunday, January 19, 2014,
at the Newtonville Community Hall from 4:30 p.m. to 6:30 p.m. – Tickets are
$12 for adults, $6 for children aged 4 to 12 and free for children under 4 years
of age
th
100 Centennial Celebrations of the Newcastle Horticultural Society
commencing in May. The Society will be hosting 150 entrants from their district
including 12 societies in Durham Region, monthly meetings with workshops
and speakers, a Garden Party on June 22 and various free community events.
The Society is looking for volunteers and corporate sponsors and those
interested are asked to contact Jeany at 905-987-1746 or jeany@rogers.com
Councillor Woo announced the following:
Information Meeting regarding the Community Grant Program on January 16,
2014, 7:00 p.m. at the Courtice Community Complex. Deadline for submission
of grant applications is February 28, 2014
Clarington Tourism Marketing Board Annual General Meeting on January 28,
2014, at 6:00 p.m. at the Holiday Inn Express Hotel and Suites
Mayor Foster will address members of the Newcastle Bond Head Ratepayers’
Association at their meeting on January 20, 2014, at 7:30 p.m. at the Newcastle
Community Hall
Councillor Hooper announced the following:
Celebrate Clarington’s Agricultural Heritage during Heritage Week 2014 -
February 17 to 23, 2014 with activities at sites throughout the municipality,
historical exhibits, presentations, movies, kettle corn, prizes and more. Further
information is available at heritage.clarington.net or 905-623-2734
Clarington Older Adult Association Events:
Heritage Week Dinner & Auction with keynote address by Sandy Hawley
o
at the Courtice Community Complex on February 15, 2014, 6:00 p.m.
sponsored by the Rotary Club of Courtice. Tickets are $60 per person
and include dinner, draws, and auction. Contact Judy MacDonald at
905-436-1509, Sharon Mansfield, courticecoaa@rogers.com or
courticerotaryevents@rogers.com for tickets or to make a donation
Agricultural Luncheon on February 18, 2014, at 12:00 noon. The COAA
o
is looking for celebrity servers
Traditional Barn Dance on February 21, 2014, 8:00 p.m. at the Beech
o
Centre, with live country music by Larry Adams and the Good Tyme
Band. Tickets are $10
Councillor Traill announced on Saturday, January 18, 2014, from 2:00 p.m. to
7:00 p.m. at 588 Markham Street, Toronto, there will be a portrait exhibit presenting
selected works from the Tyrone Community Centre Private Collection of Portraits by
Neil Newton and introducing Stephen Gilligan, Irena Hauck, Vitas Luckus and
Steve Stober, with a pop-up concert to follow at 8:00 p.m.
Council Meeting Minutes - 3 - January 13, 2014
Mayor Foster announced the following:
World Religion Day on Sunday, January 19, 2014, being held in Sunderland
Big Brothers/Big Sisters of Clarington Information Session on Volunteering on
January 22, 2014, from 7:00 p.m. to 8:00 p.m.
Rabbie Burns Luncheon on January 21, 2014, from 11:30 a.m. to 1:30 p.m. at
the Beech Centre
Port Hope Area Initiative is looking for three volunteers for the Port Granby
Project. Contact the Municipal Clerk’s office for information
Newcastle’s Tara Watchorn will compete at the 2014 Olympics in Sochi as part
of the Canadian Women’s National Hockey Team
Councillor Woo will assume the duties of Deputy Mayor for 2014
Resolution #C-001-14
Moved by Councillor Traill, seconded by Councillor Woo
THAT the minutes of a regular meeting of Council December 16, 2013, be approved
as amended to add the word “perceived” prior to the words “pecuniary interest” where
Councillor Neal declared an interest with respect to Resolutions #C-418-13 and
#C-419-19, Correspondence Item D - 11 and Item 10 of Report #1.
“CARRIED”
PRESENTATIONS
Mayor Foster presented a Certificate of Recognition to Gord and Garry Geissberger
acknowledging their receipt of the 2012 Leaders in Innovation Award for Agri-Food
Innovation Excellence for the Geissberger Farmhouse Cider Inc. Mobile Cider Mill.
Dietmar Reiner, Senior Vice President, Nuclear Refurbishment, Ontario Power
Generation (OPG), addressed Council to provide OPG’s annual update on the
Darlington Refurbishment Project. Prior to conducting a PowerPoint presentation,
Mr. Reiner highlighted OPG plans and initiatives for 2014 which will ensure OPG
remains a cost-efficient, accountable, financially strong, sustainable organization.
Mr. Reiner reviewed the scope of work for the three phases of the refurbishment
project including the initiation phase (2007-2009), the definition phase (2010-2015)
and the outage execution phase (2016-2024). Mr. Reiner highlighted the status of the
regulatory approvals, noting the Environmental Assessment is complete and a follow-
up program has been established, the Integrated Safety Review has been accepted
by the Canadian Nuclear Safety Commission (CNSC) staff, the Global Assessment
Report/Integrated Implementation Plan and the licence renewal application to the end
of refurbishment have been submitted to the CNSC. Mr. Reiner indicated that public
hearings are anticipated to be held in the fall of 2014. Mr. Reiner provided a review of
the facilities and site infrastructure needed to support refurbishment and continued
operation, the status of four safety improvement projects, and the Darlington Energy
Complex (DEC) including the office complex, visitor centre and warehousing.
Council Meeting Minutes - 4 - January 13, 2014
He noted the construction/installation of the full-scale mock up reactor is on schedule
with anticipated completion in early 2014 and that specialized tooling is being
designed and built to support the refurbishment work. He further outlined work
definition, planning, prerequisite keys to success with respect to inspections and
approvals, awarding of contracts, finalizing project scope and engineering work,
procurement of materials, and development of a Release Quality cost estimate and
full schedule for outage to be used as a yardstick to monitor and judge progress.
Mr. Reiner summarized by stating that the Darlington Nuclear Generating Station is a
top-performing station in excellent condition, has a proven track record of successful
projects, and has a strong leadership team with strong community support.
Mr. Reiner highlighted economic benefits of the project including the creation of
approximately 2,000 jobs at peak construction and thanked Council for their support of
the project.
DELEGATIONS
There were no delegations scheduled for this meeting.
COMMUNICATIONS
Resolution #C-002-14
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 - 5, I - 7, I - 9 and I - 13.
“CARRIED”
I - 1 Minutes of the Agricultural Advisory Committee of Clarington dated
December 12, 2013
I - 2 Minutes of the St. Marys Cement Community Relations Committee dated
November 26, 2013
I - 3 Minutes of the Samuel Wilmot Nature Area Management Advisory
Committee dated November 12, 2013
I - 4 Minutes of the Clarington Museums and Archives Board dated
December 11, 2013
Council Meeting Minutes - 5 - January 13, 2014
I - 6 Sandra Kranc, City Clerk, City of Oshawa, advising Council that on
December 16, 2013, Oshawa City Council adopted the following resolution
pertaining to E-bike Community Consultation and Recommendation:
“1. THAT based on Report CS-13-106 dated November 27, 2013,
summarizing research and feedback obtained from the community and
stakeholders, the City amend relevant by-laws as necessary to safely
integrate e-bikes on recreational trails and to prohibit the use of e-bikes
on sidewalks; and
2. THAT staff develop a communication and awareness strategy to
educate and engage the community on the responsibilities and proper
use of e-bikes in the community and include the cost of such strategy as
part of the 2014 Community Services Operating Budget submission;
and
3. THAT a copy of this report be sent to area municipalities for future
consideration in the development of a consistent policy with respect to
the use of e-bikes throughout Durham Region.”
I - 8 Todd Case, Warden, County of Lambton, writing to the Honourable Linda
Jeffrey, Minister of Municipal Affairs & Housing, advising that on November
27, 2013, the Corporation of the County of Lambton adopted the following
resolution pertaining to the requalification of Municipal Building Officials:
“WHEREAS, municipal building officials are the main practitioners of the
Ontario Building Code (OBC) and use the OBC on a daily basis in the
carrying out of their duties;
AND WHEREAS, Bill 124 that passed in 2005 required all municipal
building officials to undertake a series of qualification exams;
AND WHEREAS, a subsequent regulation 332/12 (knowledge and
maintenance examinations) requires our already qualified officials to
requalify by taking a similar series of qualification exams again;
AND WHEREAS, this requalification process will provide municipalities with
financial hardships in terms of registration costs, mileage costs, days away
from the office to undertake their regular duties in performing timely
inspections that is expected by the building industry;
AND WHEREAS, municipal building officials acknowledge the need to stay
current with legislation and to undergo necessary training to do so;
AND WHEREAS, the builders and home owners will suffer slower response
time for building permits and inspections until all of the building officials are
qualified;
Council Meeting Minutes - 6 - January 13, 2014
NOW THEREFORE, The Corporation of the County of Lambton, in support
of the Southwestern Chapter of the Ontario Building Officials Association
resolves:
THAT any amendments to the OBC include provisions for training
opportunities rather than requalification examinations as the means by
which building officials remain current of changes to the OBC.
THAT municipal building officials, as the primary practitioners of the OBC,
receive the same treatment as plumbers, electricians, professional
engineers and architects with regards to exemption from requalification.
THAT the negative impact and delays that Ontario regulation 332/12 will
have on the issuance of permits, inspections and response times to
inquiries by municipal building officials should be taken in to consideration.
THAT municipalities and taxpayers be spared the cost of ‘knowledge
maintenance examinations’ under the proposed amendment to the OBC
which will provide undue hardship to municipalities through lost
productivity, early retirement and costs associated with the 13 categories of
examinations required by fully qualified inspectors.”
I - 10 Ontario Federation of Snowmobile Clubs (OFSC) Media Release clarifying
that despite persistent rumours and considerable misinformation
throughout the fall, all OFSC Prescribed Trails presently operated under
existing land use agreements on Crown Lands used by Ontario Hydro will
remain in place for this winter and will be available as soon as local
snowmobile clubs have them ready for riding.
I - 11 André Marin, Ombudsman Ontario, forwarding two copies of his Annual
Report on Investigations of Closed Municipal Meetings for the period
September 12, 2012 to August 31, 2013, conducted by the Open Meeting
Law Enforcement Team (OMLET) to raise awareness of the open meeting
requirements and best practices; advising that during this period, 243
investigations were handled by OMLET; forwarding pocket-sized cards for
Council members that include “best practices for closing meetings”; and,
advising that the report and other information about municipal
investigations can be found at www.ombudsman.on.ca.
Council Meeting Minutes - 7 - January 13, 2014
I - 12 Roger Anderson, Chair and CEO and Garry H. Cubitt, Chief Administrative
th
Officer, Regional Municipality of Durham, advising that 2014 is the 40
Anniversary of the creation of the Region of Durham; indicating that on
January 7, 2014, the celebration was launched with an unveiling at
Regional Headquarters, anniversary announcements and the debut of the
th
new 40 anniversary Durham video and webpages on the www.durham.ca
site; and, extending an invitation to everyone across the Region to “Join the
th
Celebration” by attending the 40 Anniversary Open House on June 26,
2014, from 5:00 p.m. to 9:00 p.m. at the Regional Headquarters for a
community event with displays, a barbeque, cake and fun for the whole
family.
I - 14 Tyler Drygas, Consultant Senior Environmental Planner, URS, advising that
URS Canada Inc. was retained by the Ontario Ministry of Transportation
(MTO) to undertake a Preliminary Design and Class Environmental
Assessment Study for the rehabilitation and widening requirements for
Highway 401 from Courtice Road to the Durham Regional Boundary (East
Townline Road); indicating that a Transportation Environmental Study
Report (TESR) has been prepared to document the transportation
problems and opportunities, the generation, assessment and evaluation of
alternatives, the Recommended Plan for improvements, summary of
potential environmental effects and proposed mitigation measures and
summary of consultation undertaken; enclosing the “Notice of Study
Completion and Transportation Environmental Study Report Submission”;
and, indicating that the TESR will be available for public review from
January 10 to February 10, 2014, at various locations including the
Municipal Clerk’s Department and the Clarington Public Library,
Bowmanville and Newcastle Branches.
I - 5 Jim Richards writing to Linda Laliberte, CAO and Members of the
Ganaraska Region Conservation Authority (GRCA), extending appreciation
for endorsing guidelines prohibiting logging operations on GRCA lands
between April 1 and July 31 of any given year; thanking Clarington Council
for endorsing his call to action following his October 21st delegation, and in
particular, thanking Councillor Partner for her dedication to a speedy
resolve of outstanding issues; and, reminding Members of the Board of
their responsibility to the public in managing renewable resources and
protecting and enhancing natural resources.
Council Meeting Minutes - 8 - January 13, 2014
Resolution #C-003-14
Moved by Councillor Partner, seconded by Councillor Neal
THAT Correspondence Item I – 5 from Jim Richards, with respect to logging
guidelines for the Ganaraska Region Conservation Authority, be received for
information.
“CARRIED”
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 November 27, 2013,
regarding Submission of the September 2013 Complaint and Inquiry
Logs
Durham York Energy Centre Project Team Log (September 2013)
Letter to the Ministry of the Environment dated December 9, 2013,
regarding Submission of the October 2013 Complaint and Inquiry
Logs
Durham York Energy Centre Project Team Log (October 2013)
Letter to the Ministry of the Environment dated December 9, 2013,
regarding Submission of the Durham York Energy Centre Ambient
Air Monitoring 2nd and 3rd Quarterly Reports
Quarterly Ambient Air Quality Monitoring Report for the Durham
York Energy Centre – May-June 2013 (Q2) (November 29, 2013)
Quarterly Ambient Air Quality Monitoring Report for the Durham
York Energy Centre – July-September 2013 (Q3) (November 29,
2013)
Letter from the Ministry of the Environment dated October 24, 2013,
regarding Submission of Third Party Independent Audit Plan –
Operations Phase
Letter to the Ministry of the Environment dated October 1, 2013,
regarding Submission of Third Party Independent Audit Plan –
Operations Phase
Durham York Energy Centre Operations Phase Audit Plan; and
advising that the documents are also available on the EFW project website
at http://www.durhamyorkwaste.ca/project/efw-committee.htm
Council Meeting Minutes - 9 - January 13, 2014
Resolution #C-004-14
Moved by Councillor Neal, seconded by Councillor Partner
THAT Correspondence Item I – 9 from Melodee Smart, Administrative Assistant,
Works Department, Regional Municipality of Durham, with respect to the
Durham/York Energy-From-Waste Project, be received for information.
“CARRIED”
I - 13 The Honourable Jim Bradley, Minister of the Environment, writing to Doug
Magee, Environmental Planner, Hydro One Networks Inc., advising that he
has received requests from interested parties for Hydro One Networks Inc.
to be required to prepare an individual environmental assessment for the
proposed Clarington Transformer Station Class Environment Assessment;
advising that an individual environmental assessment is not required but
that he is imposing certain conditions on the project; and, indicating that
interested parties have been advised of the reasons for this decision.
Resolution #C-005-14
Moved by Councillor Neal, seconded by Councillor Partner
THAT Correspondence Item I – 13 from The Honourable Jim Bradley, Minister of the
Environment, with respect to the Clarington Transformer Station Class Environment
Assessment, be received for information.
“CARRIED”
I - 7 Christopher Harris, Municipal Clerk, Township of Scugog, writing to the
Honourable James J. Bradley, Minister of the Environment, advising that on
December 9, 2013, the Township of Scugog adopted the following
resolution pertaining to Commercial Fill and Excess Soil Management:
“THAT the regulation of commercial fill is important for the safety and
wellbeing of residents and represents good land stewardship practice;
AND THAT the Council of the Township of Scugog has taken action to deal
with the issue of commercial fill through the lobby for regulation, negotiation
with operators, scientific research, enforcement and court actions;
AND THAT the Council of the Township of Scugog supports the City of
Toronto’s efforts to regulate and oversee excess soil management;
Council Meeting Minutes - 10 - January 13, 2014
AND THAT the Council of the Township of Scugog reiterates its call for the
Province to enact regulations to ensure that excess soil placement is
provincially regulated in a manner that is consistent across the province
and in accordance with the provisions of the Environmental Protection Act;
AND THAT a copy of this resolution be forwarded to the Ministry of the
Environment, Association of Municipalities of Ontario (AMO), Ontario
Stone, Sand and Gravel Association (OSSGA), Residential and Civil
Construction Alliance of Ontario (RCCAO) and all municipalities in the
Greater Toronto Area.”
Resolution #C-006-14
Moved by Councillor Hooper, seconded by Councillor Woo
THAT the resolution from the Township of Scugog, with respect to Commercial Fill
and Excess Soil Management, be endorsed.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-007-14
Moved by Councillor Partner, seconded by Councillor Traill
THAT Correspondence Item D - 1 be approved as per the Agenda.
“CARRIED”
D - 1 Sandi Graham-McWade, President, Durham Down Syndrome Association
(DDSA), requesting that March 21, 2014, be proclaimed “World Down
Syndrome Day”, to raise awareness of what Down Syndrome is, what it
means to have Down Syndrome and how people with Down Syndrome
play a vital role in our lives and communities; and, advising that the date of
stst
March 21 has been chosen to recognize the extra 21 chromosome that
each person with Down Syndrome has in their cell structure.
(Proclaimed)
D - 4 Sandy Archibald, Archibald Orchards & Estate Winery, Cider House Golf,
writing further to the presentation by the Clarington Tourism Marketing
Board (CTMB) to Council on December 16, 2013, regarding their request
for funding and staffing to prepare a Tourism Plan for Clarington; advising
of an opportunity through Central Counties Tourism to share the cost in
preparing the plan; and, forwarding the proposal and budget for the plan.
Council Meeting Minutes - 11 - January 13, 2014
Resolution #C-008-14
Moved by Councillor Partner, seconded by Councillor Woo
THAT Correspondence Item D – 4 from Sandy Archibald, Archibald Orchards &
Estate Winery, Cider House Golf, with respect to the Clarington Tourism Marketing
Board (CTMB) request for a Tourism Plan, be referred to the 2014 budget
deliberations.
“CARRIED”
D - 5 Kathleen Wynne, Minister of Agriculture and Food advising that
applications are being accepted for the 2014 Premier’s Award for Agri-
Food Innovation Excellence Program, a program to recognize and foster
the spirit of innovation that thrives in Ontario’s agricultural sector and
encourages the development of rural communities, farms, agri-food
processors and agri-food organizations by adding value to existing
products, creating jobs and driving economic growth; forwarding the 2014
Program Guidebook and Application form providing details on eligibility,
innovation categories, assessment criteria and the application and
selection process; and, requesting Council to encourage outstanding
agriculture and agri-food innovators to submit an application by 5:00 p.m.
on February 28, 2014.
Resolution #C-009-14
Moved by Councillor Partner, seconded by Councillor Traill
THAT Correspondence Item D – 5 from Kathleen Wynne, Minister of Agriculture and
Food, with respect to the 2014 Premier’s Award for Agri-Food Innovation Excellence
Program, be referred to the Municipal Clerk to place information on the Municipal
website and to the Agricultural Advisory Committee of Clarington for consideration.
“CARRIED”
D - 3 Lou DeVuono, Founder & Executive Director, Heroes Highway Ride &
Rally Association, questioning whether the Municipality would be
interested in hosting the 2014 Heroes Ride & Rally on June 7, 2014;
advising the ride is anticipated to start at CFB Trenton with approximately
2500 bikes participating; and, indicating that the event has become
Canada’s largest “Support the Troops” initiative welcoming riders from
across Canada, the United States, Britain, Israel and Australia.
Council Meeting Minutes - 12 - January 13, 2014
Resolution #C-010-14
Moved by Councillor Traill, seconded by Councillor Hooper
THAT Correspondence Item D – 3 from Lou DeVuono, Founder & Executive
Director, Heroes Highway Ride & Rally Association, with respect to the Heroes
Highway Ride & Rally 2014, be referred to the 2014 budget deliberations and to the
Bowmanville, Newcastle and Orono Business Improvement Areas for input.
“CARRIED”
D - 2 D. Bowen, Regional Clerk/Director of Legislative Services, Regional
Municipality of Durham, advising that on December 11, 2013, Regional
Council adopted the following resolution pertaining to correspondence
from the Municipality of Tweed regarding exotic animals:
“THAT the Correspondence dated November 4, 2013 from the
Municipality of Tweed, with respect to petitioning the Federal and
Provincial Governments to legislate law to prohibit the sale, the keeping,
the exhibition and the transportation of exotic, wild and non-domestic
animals within the Province of Ontario and the Dominion of Canada, be
received for information and forwarded to the local area municipalities for
their consideration.”
Resolution #C-011-14
Moved by Councillor Neal, seconded by Councillor Partner
THAT Correspondence D – 2 from D. Bowen, Regional Clerk/Director of Legislative
Services, Regional Municipality of Durham, with respect to legislation regarding
exotic, wild and non-domestic animals, be referred to the Municipal Clerk.
“MOTION WITHDRAWN”
Resolution #C-012-14
Moved by Councillor Neal, seconded by Councillor Woo
THAT Correspondence D – 2 from D. Bowen, Regional Clerk/Director of Legislative
Services, Regional Municipality of Durham, with respect to legislation regarding
exotic, wild and non-domestic animals, be received for information.
“CARRIED”
Council Meeting Minutes - 13 - January 13, 2014
D - 6 Chris Bobyk, Forrest Group, requesting a further postponement to their
application to amend the Official Plan and Zoning By-law for 105 Queen
Street East from the General Purpose and Administration Committee
(GPA) meeting of January 20, 2014, to the February 3, 2014, GPA
meeting to allow sufficient timing for completion of an updated Noise
Study Report and the Addendum Staff Report.
Resolution #C-013-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT the request from Chris Bobyk, Forrest Group, for deferral of the application to
amend the Official Plan and Zoning By-law for 105 Queen Street East from the
General Purpose and Administration Committee (GPA) meeting of January 20,
2014, to the February 3, 2014, GPA meeting, be approved.
“CARRIED”
D - 7 Terry Horner, CAO/Clerk, Township of Mulmur, writing to the Municipal
Property Assessment Corporation (MPAC), advising that on December 11,
2013, the Township of Mulmur adopted the following resolution pertaining
to prior years’ assessing of properties:
“THAT WHEREAS the Municipal Property Assessment Corporation
(MPAC) is able to, and routinely adjusts assessed values for tax purposes
for the current year and for up to two prior years on properties where
development has occurred and a building permit has been obtained, and
where severances have been granted;
AND WHEREAS the Township has discovered several instances where
development has occurred where no building permit has been obtained
and has provided proof of the existence of the development (including
photographs) and requested that MPAC retroactively assess those
properties in the same manner and for the same time periods;
AND WHEREAS requests for re-assessment sent in by the Township as
much as 20 months ago have not been dealt with, and MPAC has advised
that requests made in the summer of 2013 are ‘too late’ to allow a re-
assessment for 2013;
Council Meeting Minutes - 14 - January 13, 2014
AND THAT the Township has been advised that the re-assessments will
only apply to the 2014 taxation year (if indeed they are re-assessed in
2014) and may not be applied to the two previous years, resulting in a loss
of tax revenue to not only the Township but also the County of Dufferin
and the School Boards for at least one taxation year (despite the fact they
have been identified as existing/occupied in a previous year) and for as
much as three years in situations where the building(s) have existed for
that length of time but have never been assessed;
AND WHEREAS this appears to reward those who choose not to obtain
building permits, not only because the payment of taxes is deferred (if not
avoided entirely) but also because interest charges on the previous years’
taxes are not applied and because developments are not being assessed
in the same manner and for the same time periods as buildings for which
building permits have been obtained;
AND WHEREAS the onus should not be on the municipality to prove when
such buildings were constructed but rather, on the landowner in such
situations;
NOW THEREFORE BE IT RESOLVED THAT the Township advise MPAC
that it is entirely inappropriate and unacceptable to not immediately and
retroactively assess a building that has been erected without a building
permit for the current year and up to two prior years (depending on when it
was built and occupied), when such is the norm for buildings built with
building permits;
AND THAT MPAC be requested to automatically and immediately re-
assess all properties once the improvements have been discovered and
apply the resulting increase to the current year and for the two previous
taxation years;
AND THAT the onus be placed on the landowner to prove that the building
has not existed for that entire time period;
AND THAT this resolution be forwarded to the County of Dufferin and area
School Boards (who also lose out when lands are not assessed as they
should be), to the other municipalities in Dufferin County, to MPP Sylvia
Jones, and to the Association of Municipalities of Ontario (AMO).”
Council Meeting Minutes - 15 - January 13, 2014
Resolution #C-014-14
Moved by Councillor Neal, seconded by Councillor Woo
THAT the resolution from the Township of Mulmur, with respect to prior year’s
assessment, be received for information.
“CARRIED”
D - 8 Kathryn M. Lawson, Deputy Clerk, Town of Fort Frances, writing to the
Honourable Kathleen Wynne, Premier of Ontario, advising that on
December 9, 2013, the Town of Fort Frances adopted the following
resolution pertaining to support for proposed billing model for Police
Services:
“WHEREAS, the Ontario Provincial Police are proposing a new billing
model for charging municipalities for policing services, starting in 2015;
AND WHEREAS, the current billing model is a deployment model, in
which cost recovery is based on a percentage of detachment workload,
actual detachment staffing levels, wages, benefits, and a cost recovery
component for other expenditures;
AND WHEREAS, the new methodology would charge each municipality a
flat $260 per household fee for the base costs related to providing police
services, plus a variable charge for each call for service in that
municipality. The rationale for this is that there is a base fixed cost for
providing police services that must be borne by all participating
municipalities, regardless of the number of calls for service that the OPP
responds to in each municipality. The OPP have advised that 73% of their
costs are fixed (i.e. base costs) and 27% are variable;
AND WHEREAS, there is a wide divergence in per household costs for
policing across Ontario;
AND WHEREAS, some municipalities in Ontario are paying excessive per
household costs for policing such as the Town of Fort Frances at $670.92;
THEREFORE BE IT RESOLVED THAT the Province of Ontario and
Premier Wynne support the proposed billing model change or a model for
policing that ensures an equitable distribution of cost sharing for all
municipalities and unorganized territories in Ontario;
Council Meeting Minutes - 16 - January 13, 2014
AND FURTHER THAT this resolution be forwarded to the Honourable
Kathleen Wynne, Premier of Ontario, The Honourable Madeleine Meilleur,
Minister of Community Safety & Correctional Services, The Honourable
John Gerretsen, Attorney General of Ontario and all other municipalities in
Ontario.”
Resolution #C-015-14
Moved by Councillor Neal, seconded by Councillor Woo
THAT the resolution from the Town of Fort Frances, with respect to support for
proposed billing model for Police Services, be received for information.
“CARRIED”
D - 9 John R. O’Toole, MPP, Durham, requesting Council’s support of a Private
Members’ Bill to increase fines and institute demerit points for those found
guilty of distracted driving; advising this Bill has passed second reading in
the Legislature and that he supports this effort to enhance road safety;
indicating that he is aware of at least one petition in support of this
initiative that has already gained thousands of signatures; and, requesting
that Council consider endorsing the following resolution:
“WHEREAS the advent of smartphones and other handheld devices has
made the issue of distracted driving one with significant road safety
consequences;
AND WHEREAS the use of a handheld device while behind the wheel of
an automobile increases the probability of having an accident by 23 times;
NOW AND THEREFORE BE IT RESOLVED THAT the Council for the
Municipality of Clarington supports the bipartisan efforts of a number of
MPPs at the provincial legislature to amend the Highway Traffic Act and
regulations to include demerit points as one of the consequences flowing
from a conviction for distracted driving and request that the Minister of
Transportation take immediate action to address this issue;
AND THAT a copy of this resolution be sent to the Premier, the Minister of
Transportation, and all local area MPPs.
Council Meeting Minutes - 17 - January 13, 2014
Resolution #C-016-14
Moved by Councillor Traill, seconded by Councillor Woo
WHEREAS the advent of smartphones and other handheld devices has made the
issue of distracted driving one with significant road safety consequences;
AND WHEREAS the use of a handheld device while behind the wheel of an
automobile increases the probability of having an accident by 23 times;
NOW AND THEREFORE BE IT RESOLVED THAT the Council for the Municipality
of Clarington supports the bipartisan efforts of a number of MPPs at the provincial
legislature to amend the Highway Traffic Act and regulations to include demerit
points as one of the consequences flowing from a conviction for distracted driving
and request that the Minister of Transportation take immediate action to address this
issue;
AND THAT a copy of this resolution be sent to the Premier, the Minister of
Transportation, and all local area MPPs.
“CARRIED”
D - 10 Preet Khurana advising that the deadline for submission of public
comments for the Clarington Wind Farm project is January 17, 2014;
expressing concern that due to timing of the EBR posting, which occurred
during the holiday season when residents were impacted by the ice storm
and resulting power outages, the community is struggling to meet the
th
January 17 deadline to make meaningful and detailed comments based
on the finalized reports; indicating the proponent has made amendments
to the majority of the fourteen initial reports in excess of 1,400 pages in
total; and, requesting Council’s assistance in requesting that the Ministry
of the Environment extend the public comment window to a later date.
Mr. Khurana indicated that the community would be very grateful if Council
could reiterate their position on the proposed wind farm within the public
comment window.
Resolution #C-017-14
Moved by Councillor Partner, seconded by Councillor Woo
THAT the Municipality of Clarington request the Ministry of Environment to extend
the public comment period for the Clarington Windfarm, EBR 012-0615 to
,
February 7,2014 given the issues the residents have had in being able to access
the electronic documents during the ice storm and recovery period; and
Council Meeting Minutes - 18 - January 13, 2014
THAT this resolution be sent to the Minister of Environment, Jim Bradley, the
Director of the Environmental Approval Branch, Agatha Garcia-Wright, and the
Director of the Environmental Approvals Access and Service Integration Branch,
Doris Dumais.
“CARRIED”
COMMITTEE REPORT(S)
Report #1 - General Purpose and Administration Committee Report January 6, 2014
Resolution #C-018-14
Moved by Councillor Woo, seconded by Councillor Traill
THAT the General Purpose and Administration Committee Report of January 6, 2014
be approved, with the exception of Items #7, #8, #10 and #12.
“CARRIED”
Councillor Neal declared a perceived pecuniary interest with respect to Item 7 of
Report #1, as he is a member of the Rotary Club of Courtice and left the Council
Chambers during discussion and voting on this matter.
Item 7
Resolution #C-019-14
Moved by Councillor Neal, seconded by Councillor Traill
THAT Staff be directed to prepare a report on the cost of removal and
replacement of street banners in Courtice under the Courtice Community
Improvement Plan funding, including opportunities to pursue funding partnerships.
“CARRIED”
Councillor Neal returned to the meeting.
Council Meeting Minutes - 19 - January 13, 2014
Item 12
Resolution #C-020-14
Moved by Councillor Partner, seconded by Councillor Traill
THAT the sidewalk snow clearing fees owed to the Municipality by residents in
accordance with the Snow Clearing By-law 93-144, for the period of
December 20, 2013, to January 4, 2014, inclusive, be waived.
“CARRIED”
Item 8
Resolution #C-021-14
Moved by Councillor Hooper, seconded by Councillor Partner
THAT Report CSD-001-14 be received;
THAT a dedicated program space be provided within the vacated space, for the
Clarington Older Adults Association (COAA) mutually agreed upon between the
Clarington Public Library Board, the COAA, and the Director of Community Services,
being not less than 500 square feet, until such time as other dedicated space within
the Courtice Community Complex can be obtained; and
THAT all interested parties listed in Report CSD-001-14 be advised of Council’s
decision.
“CARRIED 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
Council Meeting Minutes - 20 - January 13, 2014
Item 10
Resolution #C-022-14
Moved by Councillor Hooper, seconded by Councillor Woo
THAT Report CLD-001-14 be received;
THAT the correspondence from the Town of Ajax regarding a petition regarding
Regional Council Representation be received for information; and
THAT all interested parties listed in Report CLD-001-14 be advised of Council’s
decision.
“CARRIED LATER IN THE MEETING”
Councillor Neal attempted to introduce an amendment to Resolution #C-022-14 to
support the Town of Ajax’s resolution regarding Regional Council representation.
Mayor Foster ruled that the amendment would be contrary to the main motion.
Councillor Neal appealed the ruling of the Chair.
The question “Will the ruling of the Chair be sustained?” was put to a vote and
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 - 21 - January 13, 2014
Resolution #C-022-14 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 ESD-001-14 – Ontario Disaster Relief Assistance Program
Resolution #C-023-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT Report ESD-001-14 be received;
THAT, whereas the Municipality of Clarington recently experienced an ice storm
commencing on December 21, 2013, and has experienced substantial damage to
municipal property and infrastructure, the Council of the Municipality of Clarington
hereby requests the Minister of Municipal Affairs and Housing to declare the entire
area of the Municipality of Clarington (612 square kilometres) a “disaster area” for the
purposes of the public component of the Ontario Disaster Relief Assistance Program
(ODRAP);
THAT an application be submitted to the Ministry of Municipal Affairs and Housing for
assistance through the ODRAP; and
THAT the resolution be circulated to John O’Toole, MPP, Durham, Erin O’Toole, MP,
Durham and the Regional Municipality of Durham Region.
“CARRIED AS AMENDED LATER IN
THE MEETING”
(See following motions)
Council Meeting Minutes - 22 - January 13, 2014
Resolution #C-024-14
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-023-14 be amended to add the following
paragraph:
“THAT staff be requested to prepare a report on the Emergency Response
to the ice storm from a standpoint of all emergency services and utilities.”
“CARRIED LATER IN THE MEETING”
(See following motion)
Resolution #C-025-14
Moved by Councillor Neal, seconded by Councillor Traill
THAT the foregoing Resolution #C-023-14 be divided to vote on the original
motion as presented separately from the amendment.
“CARRIED
Paragraphs 1, 2, 3 and 4 of Resolution #C-023-14 were then put to a vote and
CARRIED.
Paragraph 5 of Resolution #C-023-14 was then put to a vote and CARRIED.
Report LGL-002-14 – 2699 Regional Road No. 14, Clarington, Old Community
Hall, Village of Tyrone
Resolution #C-026-14
Moved by Councillor Traill, seconded by Councillor Woo
THAT the recommendations contained in Confidential Report LGL-002-14 be
approved.
“CARRIED LATER IN THE MEETING”
(See following motion)
Council Meeting Minutes - 23 - January 13, 2014
Resolution #C-027-14
Moved by Councillor Neal, seconded by Councillor Traill
THAT in accordance with 239(2) of the Municipal Act, 2001, as amended, the meeting
be closed for the purpose of discussing a matter that deals with a proposed or
pending acquisition or disposition of land by the municipality or local board.
“CARRIED”
The meeting reconvened in open session at 8:55 p.m.
The Mayor advised that one item was discussed in “closed” session in accordance
with Section 239(2) of the Municipal Act, 2001, as amended, and no resolutions were
passed.
Resolution #C-026-14 was then put to a vote and CARRIED.
UNFINISHED BUSINESS
Resolution #C-028-14
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the presentation by Dietmar Reiner, Senior Vice President, Nuclear
Refurbishment, Ontario Power Generation, be received with thanks.
“CARRIED”
BY-LAWS
Resolution #C-029-14
Moved by Councillor Hooper, seconded by Councillor Neal
THAT leave be granted to introduce By-laws 2014-001 and 2014-002
2014-001 Being a By-law to amend By-law 84-63, the Comprehensive Zoning By-law for
the Corporation of the former Town of Newcastle (Brookfield Homes (Ontario)
Limited)
2014-002 Being a By-law to assume and dedicate certain lands throughout the
Municipality of Clarington as public highways; and
THAT the said by-laws be approved.
“CARRIED”
Council Meeting Minutes - 24 - January 13, 2014
PROCEDURAL NOTICE(S) OF MOTION
There were no Procedural Notices of Motion introduced under this Section of the
Agenda.
OTHER BUSINESS
Councillor Woo questioned whether there was anything further that staff could do to
help residents with the clean-up of branches from the ice storm. The Director of
Operations confirmed the options available to residents, advised that this is the
second day for the Region’s special yard waste pick-up and that staff have requested
the Region to arrange additional pick-ups.
Councillor Hooper suggested that information regarding the disposal of branches be
communicated through municipal electronic messaging boards at municipal facilities.
Councillor Neal questioned the types of trees that were damaged and the species of
replacement trees.
Councillor Neal stated a perceived pecuniary interest earlier in the meeting, refrained
from voting on the Confirming By-law and left the Council Chambers during discussion
and voting on the Confirming By-law.
CONFIRMING BY-LAW
Resolution #C-030-14
Moved by Councillor Hooper, seconded by Councillor Partner
THAT leave be granted to introduce By-law 2014-003, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a regular meeting held
th
on the 13 day of January, 2014; and
THAT the said by-law be approved.
“CARRIED”
Council Meeting Minutes - 25 - January 13, 2014
Councillor Neal returned to the meeting.
ADJOURNMENT
Resolution #C-031-14
Moved by Councillor Neal, seconded by Councillor Partner
THAT the meeting adjourn at 9:08 p.m.
"CARRIED"
M YO U P L CLERK