HomeMy WebLinkAbout01/16/2006Council Meeting Minutes
January 16, 2006
Minutes of a regular meeting of Council held on January 16, 2006, at 7:00 p.m., in the
Council Chambers.
Councillor Schell led the meeting in prayer.
ROLL CALL
Present Were: Mayor J. Mutton
Councillor A. Foster
Councillor D. MacArthur
Councillor P. Pingle
Councillor G. Robinson
Councillor J. Schell
Absent: Councillor C. Trim
Also Present: Chief Administrative Officer, F. Wu
Director of Community Services, J. Caruana
Manager of Construction, Engineering Services, N. Clark
(attended until 7:20 p.m.)
Director of Planning Services, D. Crome (attended until 7:47 p.m.)
Solicitor, D. Hefferon
Director of Operations, F. Horvath (attended until 7:20 p.m.)
Manager of Special Projects, Planning Services, F. Langmaid
(attended the meeting from 7:08 p.m. to 7:47 p.m.)
Director of Corporate Services, M. Marano
Director of Finance/Treasurer, N. Taylor (attended until 7:20 .p.m.)
Director of Emergency Services, G. Weir (attended until 7:20 p.m.)
Administrative Assistant to the Clerk, H. Keyzers
(attended. until 7:20 p.m.)
Municipal Clerk, P. Barrie
DISCLOSURES OF PECUNIARY INTEREST
Councillor Pingle indicated that she would be stating a pecuniary interest with respect
to a legal matter to be discussed during the "closed" session.
Council Meeting Minutes -2- January 16, 2006
MINUTES
Resolution #C-001-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the minutes of a regular meeting of Council held on December 12, 2005, be
approved.
“CARRIED”
MAYOR’S STATE OF CLARINGTON ADDRESS
The Mayor’s State of Clarington Address has been postponed until January 30, 2006.
DELEGATION
Clint Cole advised prior to the meeting that he would not be in attendance.
COMMUNICATIONS
Resolution #C-002-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the communications to be received for information be approved as per the
agenda, with the exception of Item I -9.
“CARRIED”
I - 1 P.M. Madill, Regional Clerk, Region of Durham, advising Council that the
F22.GE Region of Durham on December 14, 2005, passed the following
resolution:
“a) THAT a 2006 Interim Regional Property Tax Levy be imposed on
the Area Municipalities for all property tax classes;
b) THAT the amount due from each Area Municipality be equivalent
to 50% of their respective share of the Regional Taxes collected
in 2005;
c) THAT the 2006 Interim Regional Property Tax Levy be paid by
the Area Municipalities seven days subsequent to the installment
due dates established by each Area Municipality for the collection
of their respective interim municipal property taxes;
Council Meeting Minutes -3- January 16, 2006
COMMUNICATIONS
d) THAT the Regional Clerk be requested to advise the Area
Municipalities of the imposition of the 2006 Interim Regional
Property Tax Levy for all property tax classes; and
e) THAT the requisite by-law be approved.”
I - 2 Ulli Watkiss, City Clerk, City of Toronto, providing Council with a copy of
P17.GE The Toronto Drug Strategy Report.
I - 3 Minutes of the Clarington Older Adult Association Board of Directors
C06.CL Meeting dated December 9, 2005.
I - 4 Minutes of the Samuel Wilmot Nature Area Management Advisory
C06.SA Committee meeting dated November 8, 2005.
I - 5 Marika Hare, General Manager, Central Region, Enbridge Gas
E06.GE Distribution, advising Council of the Winter Warmth Fund, a joint venture
of the United Way and Enbridge Gas Distribution for low-income families
and individuals living at or below the poverty line who have exhausted all
other sources of financial support.
I - 6 Lakeridge Health, advising Council that Dr. Howard Burke has been
S00.GE awarded the Ontario College of Family Physicians Community Teacher
of the Year Award. Nominees for this prestigious award are selected on
the basis of comprehensiveness of practice, teaching ability, knowledge
of the discipline of family medicine and ability to balance the demands of
practice, family and community.
I - 7 Debi Bentley, City Clerk, City of Pickering, advising Council that the City
C07.GE of Pickering on December 5, 2005, passed the following resolution:
“WHEREAS the position of Chair of the Regional Municipality of Durham
has considerable responsibility, influence and authority over numerous
public policy and service issues affecting all residents, businesses and
electors in the Region of Durham;
WHEREAS a fundamental principle of democracy is that the electors,
through a general vote, have the right to freely choose their political
representatives;
WHEREAS the Government of Ontario may determine that the Chair of
the Regional Municipality of Durham shall be directly elected by a
general vote of all electors in the Region;
Council Meeting Minutes -4- January 16, 2006
COMMUNICATIONS
NOW THEREFORE BE IT RESOLVED THAT a public meeting and by-
law to place the following question on the November 2006 City of
Pickering election ballot be scheduled and that the City Clerk initiate the
required processes outlined in the Municipal Elections Act:
Should the Council of the City of Pickering approve the following
resolution:
THAT the Government of Ontario enact a regulation requiring the direct
election of the Chair of the Regional Municipality of Durham.
YES or NO
I - 8 Durham Strategic Energy Alliance, advising Council that they support
E05.OP the Ontario Power Authority’s findings in its December 2005 ‘Supply Mix
Advise Report.’ Durham Region has a wealth of energy-sector expertise
combined with progressive government and a knowledgeable and
supportive host community. Research and development capabilities are
led by the University of Ontario Institute of Technology’s energy systems
and nuclear engineering programs while Durham College is a training
leader for the skilled trades.
I - 10 Roger Hanmer, Regional Director, Ministry of Transportation, writing to
T04.HW Pat Madill, Regional Clerk, Region of Durham, regarding the 407 East
Environmental Assessment. The Terms of Reference for the study was
approved by the Minister of the Environment in January 2005. It is
anticipated that the next phase of the study will take approximately 3
years to complete. Meaningful and inclusive consultation is an important
component of the 407 East Environment Assessment, as a significant
number of stakeholder issues are anticipated and will need to be
addressed carefully.
I - 11 John Gray, Mayor, City of Oshawa, writing to the Honourable Harinder
T03.GE Takhar, Minister of Transportation, advising of the new regional transit
system which debuted on January 1, 2006. This new regional transit
system represents the amalgamation of the former Ajax/Pickering,
Whitby and Oshawa/Clarington transit systems. This new system will
certainly put Durham Region on par with other municipalities, however,
the financial impact will be great and will affect both passengers and
taxpayers alike. Mr. Gray is requesting a review of the new Durham
Regional Transit System and any financial assistance from the Province
of Ontario help offset the impact of this new service.
Council Meeting Minutes -5- January 16, 2006
COMMUNICATIONS
Mr. Gray notes that he is grateful for the provincial gas tax revenues and
that this revenue will be used for the acquisition of new buses; however,
given the magnitude of substandard buses that other transit systems are
providing, the gas tax revenue will not cover the deficiency.
I - 12 Douglas Newson, Director, Central Region, Statistics Canada, advising
A09.SU Council that the next Census of Canada will take place on May 16, 2006.
The Census of Population and the concurrent Census of Agriculture are
the largest surveys conducted in Canada. They provide a detailed
statistical picture of Canada and its population at a single point of time.
I - 13 John Tory, MPP, Leader of the Official Opposition, writing to Council
L11.GE regarding Bill 37, “The Disrespect for Taxpayers Act”. Mr. Tory strongly
believes that the only chance to successfully address the big challenges
facing this country and this province is to have the three orders of
government sitting down as the partners they are, deciding who will do
what, and how it will be paid for. He supports a stronger role for
municipalities in Ontario. The PC Party has decided to vote against this
Bill principally because it completely dishonours a written pledge made
by Mr. McGuinty during the 2003 election campaign.
I - 14 Terryl Tzikas, Secretary, Bowmanville Santa Claus Parade Committee,
M02.GE thanking Council and staff who assisted with this year’s parade. They
truly appreciate Council’s continued support and are thankful for once
again having had the use of the Old Fire Hall.
I - 15 Beth Gignac, Chair, Play Works Partnership, providing Council with “The
S04.GE Cost of Excluding Ontario’s Youth From Play” A Call to Action Report.
I - 16 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of
S00.GE Ajax, writing to P. Madill, Regional Clerk, Region of Durham, advising
that the Town of Ajax on December 8, 2005, passed the following
resolution:
“THAT Council endorse the resolution of the Region of Durham Joint
Finance and Administration, and Health and Social Services Committees
from their meeting held on December 7, 2005, re: services available at
the Ajax-Pickering Hospital.”
I - 17 Minutes of the Clarington Agriculture Advisory Committee Meeting dated
C06.CL November 10, 2005.
I - 18 Minutes of the Durham Nuclear Health Committee meeting dated
C06.DU November 18, 2005.
Council Meeting Minutes -6- January 16, 2006
COMMUNICATIONS
I - 19 Federation of Canadian Municipalities, advising Council that Councillor
A01.FE Gloria Kovach of Guelph, Ontario, began her term of office as president
of the Federation of Canadian Municipalities on December 5, 2005.
I - 20 Chris Conti, Executive Director, Friends of Second Marsh, thanking
E05.GE Council for their support during the past year and providing a copy of the
Friends of Second Marsh Wetlands and Wildlife Official Newsletter.
I - 21 Sandra Kranc, City Clerk, City of Oshawa, writing to Martin de Rond,
C07.GE Director, Legislative and Information Services/Town Clerk, advising that
the City of Oshawa on December 19, 2005, passed the following
resolution:
“1. THAT Matters Tabled Items 5, 6 and 7 being correspondence
from the Town of Ajax and Ajax Councillor Joe Dickson
concerning the placement of a question on the 2006 municipal
ballot regarding the direct election of the Chair of the Regional
Municipality of Durham be lifted from the table;
2. THAT the above correspondence and Additional Correspondence
Item 1 from the Town of Ajax dated December 15, 2005,
concerning the same matter be received for information;
3. THAT staff be directed to add to the ballot in November 2006 a
question mirroring the question adopted by the Town of Ajax
concerning the direct election of the Chair of the Regional
Municipality of Durham and that a by-law confirming the question
be brought forward for approval at a future meeting of Council
following appropriate notice and public meeting.”
I - 22 Debbie Leroux, Clerk, Township of Uxbridge, advising Council that the
C10.MO Township of Uxbridge on November 28, 2005, passed the following
resolution:
“THAT the Finance Committee for the Township of Uxbridge support the
resolution of the Municipality of Clarington requesting the Region’s
continued opposition to Pay Assurance.”
I - 23 Mike Colle, Minister of Citizenship and Immigration, advising Council of
M02.GE The Ontario Volunteer Service Awards, The Outstanding Achievement
Awards for Voluntarism in Ontario and The Ontario Medal for Young
Volunteers. Nomination deadline is February 10, 2006.
I - 24 William Harford, MROO Alternate Zone 4, thanking Council for
purchasing memberships for Municipality of Clarington’s retirees.
Council Meeting Minutes -7- January 16, 2006
COMMUNICATIONS
I - 25 Ian Macnab, CAO, Kawartha Conservation, providing Council with
E07.GE copies of the 2006 Healthy Waters Calendar.
I - 26 Roger Anderson, President, Association of Municipalities of Ontario,
th
M02.GE advising Council of the 107 Annual Conference dated August 13 – 16,
2006 in Ottawa.
I - 27 Gerry Chaput, Chief Engineer, Ministry of Transportation, responding to
L11.GE Council’s report regarding school crossing guards and the legislative
changes in Bill 169. Mr. Chaput states that this legislation, which
received Royal Assent on November 21, 2005, is proof of their
commitment to safety. Clarington’s resolution reflects several of the
measures that are included in Bill 169. These measures will improve
pedestrian safety, specifically for schoolchildren, by clarifying driver
responsibilities at school crossings and by increasing fines and demerit
points.
I - 28 John O’Toole, MPP, Durham, providing Council with a copy of a letter
L11.GE from the Honourable Harinder Takhar, Minister of Transportation,
regarding Council’s support for the Town of Whitby resolution
concerning an amendment for Bill 169, regulations governing vehicles
stopped by a school crossing guard.
I - 29 John Gerretsen, Minister of Municipal Affairs and Housing, advising
L11.GE Council that he has introduced Bill 206, Ontario Municipal Employees
Retirement System Act, into the legislature for second reading. Many
submissions indicate a concern about the potential cost of a
supplemental benefit plan for the police and fire sectors and for
paramedics. This is a natural concern but the government is moving
forward to require the implementation of specific pension benefits
because they believe it is important to provide police, fire and paramedic
employees with the option to bargain locally for these enhancements.
Bill 206, if passed, will not impose any new cost or pension benefit on
any employer or employee. It will require that the proposed new
Sponsors Corporation set up, within 24 months, a supplemental benefit
plan that will include the optional pension benefits outlined in the Bill.
With respect to the decision-making and dispute resolution process, the
Bill, as amended following first reading, would require that decisions on
specific major plan changes, such as changes in benefits or contribution
rates, could be approved by a two-thirds majority vote of the Sponsors
Corporation.
Council Meeting Minutes -8- January 16, 2006
COMMUNICATIONS
I - 30 Gary Vandergaast, Project Manager, Port Hope Area Initiative, advising
E07.PO of a new local communications group that the Low-Level Radioactive
Waste Management Office hopes to initiate in January 2006 and to
provide information on changes the Low-Level Radioactive Waste
Management Office plans to make to the draft Environmental
Assessment Study Report. The first meeting is being held on Monday,
January 16, 2006, at 7:00 p.m. in the Newtonville Community Hall.
I - 31 Michael Young, Chairperson, Government Relations Committee, Scugog
S00.GE Chamber of Commerce, writing to the Honourable Dalton McGuinty,
Premier, stating that Durham Region residents deserve fair and
equitable healthcare funding from the provincial government. Every
year, each man, woman and child in Durham Region receives $279 less
in hospital care funding from Queen’s Park – a gap that is widening.
According to the GTA/905 Healthcare Alliance, Durham residents,
businesses and patients are short changed by over $151 million per year
in hospital care funding.
I - 32 Minutes of the Local Architectural Conservation Advisory Committee
C06.LA meeting dated December 15, 2005.
I - 33 John O’Toole, MPP, Durham, thanking Council for informing him of
L01.OM Council’s resolution pertaining to the GTA Task Force on Ontario
Municipal Board Reform.
I - 34 Sylvia Terpstra, Director of Education, Kawartha Pine Ridge District
School Board, providing Council with a copy of the 2005 Director’s
Report.
I - 35 The Centre for Land and Water Stewardship and the Oak Ridges
D02.OA Moraine Foundation, providing Council with a copy of Caring For Your
Land, a stewardship handbook for Oak Ridges Moraine landowners.
I - 9 Ernie Hardeman, MPP, Oxford and John O’Toole, MPP, Durham, writing
L11.GE to Mayor Mutton with their concerns pertaining to Bill 206, Ontario
Municipal Employees Retirement System Act, 2005. The Ontario PC
party believes that they cannot support the Ontario government intent to
transfer its responsibilities for the pensions of municipal employees
across Ontario. Bill 206, as it is currently written is not in the best
interest of municipalities. There is great concern around the start-up
cost that will be incurred in the process of preparing for the new
governance responsibilities. They strongly encourage all municipalities
to continue to express concerns with the proposed OMERS devolution
legislation.
Council Meeting Minutes -9- January 16, 2006
Resolution #C-003-06
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT the concerns raised by Ernie Hardeman, MPP, Oxford and John O’Toole, MPP,
Durham, pertaining to Bill 206, Ontario Municipal Employees Retirement System Act
2005, as it is currently written is not in the best interest of municipalities be endorsed
by the Council of the Municipality of Clarington.
“CARRIED”
CORRESPONDENCE FOR DIRECTION
Resolution #C-004-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item D – 2 be approved as per the agenda.
“CARRIED”
D - 2 Donna Donaldson, Durham Region Home Builders’ Association,
M02.GE requesting proclamation of the month of April 2006 as “New Homes
Month.”
(Proclaimed)
D - 1 John Greenfield, Veterans Service Officer, Royal Canadian Legion,
Branch 178, Bowmanville, requesting that the name Sam Greenfield be
used in the Veterans Street Name sign program. If at all possible, he
would like to see the name on a street sign in Hampton. Mr. Greenfield
feels that although his late father, Sam Greenfield, a veteran, does not
meet the full requirements for having a street named after him, that there
are extenuating circumstances. His late father was a veteran in both
World Wars. He served in the British Army during the First World War
from September 9, 1914 to December 30, 1918 and was wounded at
Ypres, Belgium. Following the war, he immigrated to Canada with his
family. During World War II he enlisted in the Canadian forces but,
because of his previous wound, could only serve in the Veterans’ Guard
of Canada. He joined December 15, 1941 and served until August 8,
1946 as a guard for German prisoners of war in Medicine Hat, Alberta.
Council Meeting Minutes -10- January 16, 2006
COMMUNICATIONS
Resolution #C-005-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the Veterans Street Name Sign Program policy be waived in this instance;
THAT the name Sam Greenfield be approved to be used in the Veterans Street Name
Sign Program; and
THAT John Greenfield be notified of Council’s decision.
“CARRIED”
D - 3 Ronald Armstrong, Armstrong Harrison Associates, requesting Council
D14.GE to waive the part lot control fee, which has been increased by $950.00 +
GST, pertaining to their application for Blocks 149-156, Plan 40M-2113.
Mr. Armstrong also objects to payment of additional fees on the basis
that municipal costs are no greater for a multiple number of units in an
application to lift part lot control, since the entire application is processed
as one single unit.
Resolution #C-006-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D – 3 be received for information.
“CARRIED”
D - 4 Paul Jones, Town Clerk, Town of Whitby, writing to the Honourable
T04.HW Dalton McGuinty, Premier, Province of Ontario, advising that the Town
of Whitby on November 28, 2005, passed the following resolution:
“WHEREAS, the implementation of Highway 407 East extension through
Durham is a key structural element of the Regional Official Plan and is
essential to support the growth and development objectives of the
Region;
AND WHEREAS, the original Terms of Reference (2003) for the EA
called for its completion by the end of 2004;
AND WHEREAS, the revised Terms of Reference (2004) for the EA
rescheduled the completion date to the end of 2006;
Council Meeting Minutes -11- January 16, 2006
COMMUNICATIONS
AND WHEREAS, with the approval of the Terms of Reference by the
Ministry of Environment, the Ministry of Transportation is now working
towards a completion date of end of 2008 for the EA;
AND WHEREAS, the continual delays in the completion of the EA and
the construction of the Highway 407 East extension continue to:
Present barriers to achieving many of the Region’s growth objectives
and planned development, especially the development of essential
employment lands and job opportunities dependent on the
implementation of Highway 407 East extension through Durham;
Increase traffic congestion on the Regional road system, affecting the
arterial and local road network in the vicinity of the eastern terminus of
Highway 407 at Brock Road, and beyond; and
Result in lasting hardship to property owners in the vicinity of the
previously recommended alignment for the 407 extension;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of
Whitby advise the Provincial Government:
THAT the continual delay in the implementation of the Highway 407 East
Extension and the north-south freeway links in Durham is of significant
concern, given the implications on growth in the Region; and
THAT the Highway 407 East extension through Durham be expedited,
without further delays, including the completion of the ongoing
Environmental Assessment, detailed design, and construction, with all
necessary funding earmarked at an early stage;
AND FURTHERMORE THAT copies of this resolution be forwarded to
the Honourable Dalton McGunity, Premier of the Province of Ontario; the
Honourable Harinder Takher, Minister of Transportation; John Tory,
Leader of the Official Opposition of the Province of Ontario; Durham
MPPs; and the eight area municipalities in Durham.”
Resolution #C-007-06
Moved by Councillor Schell, seconded by Councillor MacArthur
THAT the resolution the Town of Whitby regarding Highway 407 East Extension be
endorsed by the Council of the Municipality of Clarington.
“CARRIED”
Council Meeting Minutes -12- January 16, 2006
COMMUNICATIONS
D - 5 Jerry Marion, Clerk, Town of Essex, writing to the Honourable John
C10.MO Gerretsen, Minister of Municipal Affairs and Housing, advising that the
Town of Essex on December 6, 2005, passed the following resolution:
“WHEREAS, municipalities have experience significant increases in the
cost of liability insurance;
AND WHEREAS, a significant factor in the cost of municipal liability
insurance relates to The Negligence Act R.S.O. 1990;
AND WHEREAS, The Negligence Act R.S.O. 1990 can mandate a
municipality to pay 100% of a loss when in fact they could be as little as
1% liable;
AND WHEREAS, other Provinces have amended The Negligence Act so
that only where a Municipality is found to be at least 50% liable would
the full claim be paid;
NOW THEREFORE BE IT RESOLVED THAT the Province of Ontario be
requested to amend The Negligence Act R.S.O. 1990 so that only where
a Municipality is found to be at least 50% liable would the full claim be
paid;
AND FURTHER, that this resolution be circulated to A.M.O., as well as
to all municipalities in the Province of Ontario for support.”
Resolution #C-008-06
Moved by Councillor MacArthur, seconded by Councillor Robinson
THAT the resolution of the Town of Essex regarding The Negligence Act R.S.O. 1990
be endorsed by the Council of the Municipality of Clarington.
“CARRIED”
D - 6 P.M. Madill, Regional Clerk, Region of Durham, writing to the
F22.GE Honourable Dalton McGuinty, advising that the Region of Durham on
November 30, 2005, endorsed the following resolution of the Town of
Midland:
“THAT the Province of Ontario be requested to end its continued
downloading of provincial programs and use of municipal property tax
dollars for the subsidization of provincial health and social services
program; and
Council Meeting Minutes -13- January 16, 2006
COMMUNICATIONS
THAT the Provincial Government work with the Association of
Municipalities of Ontario to develop a plan to begin the uploading of
provincial program costs back to where they belong;
AND FURTHER, that a copy of this resolution be forwarded to AMO, all
Ontario Municipalities and local M.P.P.’s for support.”
Resolution #C-009-06
Moved by Councillor Foster, seconded by Councillor Pingle
THAT the resolution of the Region of Durham regarding Uploading of Provincial
Program Costs be endorsed by the Council of the Municipality of Clarington.
“CARRIED”
D - 7 P.M. Madill, Regional Clerk, Region of Durham, advising that the Region
C10.MO of Durham on November 30, 2005, passed the following resolution:
“a) THAT the proposed by-law (Attachment No. 1 to Report #2005-J-
27 of the Commissioners of Finance and Works) providing for the
transfer of the lower-tier power, relating to residential solid waste
collection in the Town of Ajax, to the Region of Durham be
presented to Council and enacted; and
b) THAT the enacted by-law be forwarded to the Councils of the
lower tier municipalities requesting resolutions consenting to the
by-law.”
Resolution #C-010-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the Region of Durham be advised that the Council of the Municipality of
Clarington endorses their resolution regarding Residential Solid Waste Collection in
the Town of Ajax and consents to the passage of By-law #53-2005.
“CARRIED”
D - 8 Carolyn Downs, City Clerk, City of Kingston, advising that the City of
E06.GE Kingston on November 22, 2005, passed the following resolution:
“WHEREAS Utilities rates have increased and will continue to increase
at a rate much higher than the expected rate of inflation;
Council Meeting Minutes -14- January 16, 2006
COMMUNICATIONS
WHEREAS all citizens, particularly those citizens on low and fixed
incomes, are experiencing and will continue to experience great difficulty
paying for rising utilities rates;
THEREFORE BE IT RESOLVED THAT Kingston City Council direct an
amount not to exceed $50,000 from the Working Fund Reserve towards
a Utilities Outreach position and that this position be further investigated
for possible inclusion in the 2007 Utilities Budget;
BE IT FURTHER RESOLVED THAT because the provincial
government’s policy of deregulation and increased privatization of the
energy market has helped cause these rate increases, Kingston City
Council requests that the provincial government implement measures
such as, but not limited to, a program to subsidize utilities for persons on
low or fixed incomes, in order to lessen the impact of increased utilities
rates;
AND FURTHER THAT a copy of this resolution be circulated to the
Honourable John Gerretsen, M.P.P., the Honourable Dalton McGunity,
Premier, the Honourable Donna Cansfield, Ontario Minister of Energy,
the Association of Municipalities of Ontario and all municipalities on our
standard mailing list for endorsement.”
Resolution #C-011-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT Correspondence Item D - 8 be received for information.
“CARRIED”
D - 9 Martha A. Pettit, Manager, Legislative Services/Deputy Clerk, Town of
C07.GE Ajax, advising that Elections Ontario conducted a hearing on Thursday,
December 15, 2005, into the appeal filed by an Ajax resident against the
Town of Ajax By-law 101-2005. This by-law authorized the placement of
the following question on the 2006 Municipal Election ballot in the Town
of Ajax:
Should the Council of the Town of Ajax approve the following resolution:
“THAT the Government of Ontario enact a regulation requiring the direct
election of the Chair of the Regional Municipality of Durham.”
YES NO
Council Meeting Minutes -15- January 16, 2006
COMMUNICATIONS
The question will be permitted on the ballot, subject to a slight
amendment the approved question, as amended, is:
Should the Council of the Town of Ajax approve the following resolution:
“THAT the Government of Ontario make a regulation requiring that the
Chair of the Regional Municipality of Durham be elected by general
vote.”
YES NO
The Town of Ajax is requesting that all Durham councils consider placing
this question o their local ballot.
Resolution #C-012-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT Correspondence Item D - 9 be received for information.
“CARRIED”
D - 10 P.M. Madill, Regional Clerk, Region of Durham, writing to the
C10.MO Honourable Paul Martin, Prime Minister, advising that the Region of
Durham on November 30, 2005, endorsed the following resolution of the
City of Niagara Falls:
“WHEREAS Canadian consumers have witnessed skyrocketing gas
prices in recent weeks; and
WHEREAS many have attributed the increases to recent natural
disasters in the United States; and
WHEREAS despite recent natural disasters in the United States,
Canada did not face a shortage in gasoline or an increase in costs; and
WHEREAS experts, economists and analysts have attributed the
increases to a dearth of competition in the wholesale gasoline sector;
and
WHEREAS the wholesale gasoline sector is dominated by a handful of
refining companies who exclusively share infrastructure, such as
pipelines and terminals; and
Council Meeting Minutes -16- January 16, 2006
COMMUNICATIONS
WHEREAS it is speculated that the recent increase in gas prices meant
pure profit for gasoline wholesalers; and
WHEREAS without a sufficient number of competitors, price competition
does not exist; and
WHEREAS supply and demand economics only exist when there are
numerous competitors;
THEREFORE BE IT RESOLVED that Niagara Falls City Council support
the Canadian Independent Petroleum Marketers Association’s
(C.I.P.M.A.) idea of asking the Federal Government to intervene in the
wholesale gasoline sector to restore the free market system of
competition; and
FURTHER BE IT RESOLVED that this resolution be circulated to area
municipalities, the Regional Municipality of Niagara and the Association
of Municipalities of Ontario (A.M.O.).”
Resolution #C-013-06
Moved by Councillor Foster, seconded by Councillor MacArthur
THAT the resolution of the Region of Durham regarding the Gasoline Sector be
endorsed by the Council of the Municipality of Clarington.
“CARRIED”
D - 11 Brian Knott, City Solicitor/Clerk, City of Sarnia, advising Council that the
F22.GE City of Sarnia on November 21, 2005, passed the following resolution:
“THAT the members of Sarnia City Council have considered the
suggestions of Mr. Vollmar as provided in the correspondence from Ms.
Ur, and are in agreement that said suggestions should be given due
consideration by both the Federal and Provincial governments, and that
it would be appropriate to enact these suggestions, namely:
a) That any monies being received by individuals in the way of
severance monies be taxed only on that amount which is over
$100,000 (one hundred thousand dollars), so said individual may
use said funds to solidify his or her financial situation, which can
become precarious at best following the loss of employment; and
Council Meeting Minutes -17- January 16, 2006
COMMUNICATIONS
b) That a percentage of revenues collected from the GST and PST
in municipalities and forwarded to the respective governments, be
instead forwarded to the governmental offices of the municipality
from which said monies have been derived; and
THAT we agree with the concept that the proper usage of the GST and
PST revenues received by the respective municipality could possibly
erase part or all of the need for property tax revenues, allow for less
reliance on upper-tier funding for certain projects such as infrastructure
repair or replacement, and many other municipal needs, and
THAT with the lessening or removal of property taxes, individuals would
realize more freedom in life, and have an enhanced ability to afford to
spend more monies within the community, or others by ways of tourism,
etc., thus creating a potential to increase the revenues raised through
the GST and PST streams; and
THAT this motion be forwarded to AMO, MP Roger Gallaway, MP Ms.
Rose-Marie Ur, The Honourable Ralph Goodale, Minister of Finance,
Hon. Stephen Harper, Leader of the Opposition, The County of
Lambton, and all other municipalities over 50,000 in population for their
support.
Resolution #C-014-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Correspondence Item D – 11 be received for information.
“CARRIED”
D - 12 P.M. Madill, Regional Clerk, Region of Durham, writing to the Board of
S00.GE Rouge Valley Health System, Rouge Valley Ajax and Pickering, advising
that the Region of Durham on December 14, 2005, passed the following
resolution:
“WHEREAS the Rouge Valley Health System (RVHS) proposes to
temporarily transfer obstetrical, pediatric and possibly gynecological
services from its Ajax-Pickering site to its Centenary site; and
WHEREAS the Ontario Ministry of Health and Long-Term Care and
RVHS has repeatedly assured local residents that RVAP has been
designated as a full-service hospital; and
Council Meeting Minutes -18- January 16, 2006
COMMUNICATIONS
WHEREAS Rouge Valley Ajax Pickering (RVAP) is the only provider of
hospital-based obstetrical services for Ajax, Pickering and Whitby
residents; and
WHEREAS approximately 1,500 births/year took place and 50 ectopic
pregnancies/year were managed at RVAP; and
WHEREAS the proposed transfer will create undue hardship for many
pregnant women and their families, particularly those who face
transportation barriers, who may now need to access/visit diagnostic and
ambulatory services beyond Durham Region; and
WHEREAS the 48-hour post-partum calls/visits of new mothers by public
health nurses under the Durham Region Healthy Babies, Healthy
Children Program may be disrupted by the transfer owing to follow-up
being initiated by Toronto Public Health and then being referred to the
Durham Region Health Department; and
WHEREAS referrals to the RVAP social work services for postpartum
depression may also be disrupted; and
WHEREAS the impact of the transfer on RVAP lactation consultant
services and breastfeeding support groups is unknown at this time; and
WHEREAS the proposed temporary transfer is owing to a shortage or
local pediatricians; and
WHEREAS the shortage of pediatricians, specialists and family
physicians in Durham Region and beyond is a key national and
provincial strategic healthcare issue; and
WHEREAS residents of Ajax, Pickering and Whitby are very concerned
about the transfer becoming permanent, in part, owing to the ongoing
shortage of pediatricians and other related specialists; and
WHEREAS the doctors at the Ajax-Pickering site have passed a motion
of non-confidence, as a result of the action taken by Administration and
the Board of Rouge Valley Health System;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Regional Municipality of Durham urges the Board of Rouge Valley
Health System to reconsider transferring obstetrical, pediatric and
related services from its Ajax Pickering site to its Centenary site and
otherwise honour its commitment to provide full hospital services to the
residents of Ajax, Pickering and Whitby; and
Council Meeting Minutes -19- January 16, 2006
COMMUNICATIONS
BE IT FURTHER RESOLVED that in the event the Board does not
voluntarily reconsider its decision, that the Minister of Health use his
powers under the Act to force that obstetrical, pediatric and related
services remain at the Ajax-Pickering site;
BE IT FURTHER RESOLVED the Government of Ontario is urged to
honour its capital redevelopment and associated operating commitments
for Rouge Valley Ajax Pickering to ensure that the residents of West
Durham receive the full hospital services that they have been repeatedly
promised;
BE IT FURTHER RESOLVED that the Region of Durham withhold its
$3.5 million commitment for the capital expansion of the Ajax Pickering
hospital until such time as the Region of Durham is satisfied as to the
services provided at the Ajax-Pickering site;
BE IT FURTHER RESOLVED that the Governments of Canada and
Ontario are urged to act with utmost speed and with unflagging
determination to resolve the shortage of pediatricians, other specialists
and family physicians in Durham Region and beyond; and
BE IT FURTHER RESOLVED that the Prime Minister of Canada,
Ministers of Finance and Health Canada, Durham’s MPs and
Candidates; Premier of Ontario, Ministers of Finance and Health and
Long-Term Care, Durham’s MPPs; Durham’s municipalities; Canadian
Medial Association, Ontario Medical Association, Durham Medical
Society; Regional Director, Central East Region, Ontario Ministry of
Health and Long-Term Care, Chair and CEO Central East LHIN; and the
Chairs and CEOs, Lakeridge Health Corporation, and Rouge Valley
Health System be so advised.”
Resolution #C-015-06
Moved by Councillor Pingle, seconded by Councillor Robinson
THAT Correspondence Item D – 12 be received for information.
“CARRIED”
Council Meeting Minutes -20- January 16, 2006
COMMUNICATIONS
D - 13 Phil Sled, Mayor, Township of Severn, advising Council that the
F22.GE Township of Severn on December 1, 2005, passed the following
resolution:
”WHEREAS the Council of the Corporation of the Township of Severn
has reviewed the tax classification requirements of the Coldwater
Canadian Heritage Museum to be designated as a “commercial” class
for assessment by the Municipal Property Assessment Corporation;
AND WHEREAS this property is operated as a non-profit heritage
museum for the enjoyment of all visitors;
AND WHEREAS the commercial class causes financial hardship for
non-profit heritage properties with respect to the annual taxation;
NOW THEREFORE BE IT RESOLVED THAT the Council of the
Corporation of the Township of Severn hereby respectfully requests the
Province of Ontario to create an appropriate tax class under the
Assessment Act for the Canadian Heritage museum and other similar
type non-profit operations;
AND FURTHER THAT this resolution be circulated to all municipalities
within the Province requesting their support.”
Resolution #C-016-06
Moved by Councillor Robinson, seconded by Councillor MacArthur
THAT Correspondence Item D – 13 be received for information.
“CARRIED”
D - 14 Sandra Kranc, City Clerk, City of Oshawa, writing to Michael Grimaldi,
C10.MO President, General Motors of Canada Limited, advising that the City of
Oshawa on December 19, 2005, passed the following resolution:
“WHEREAS the Corporation of the City of Oshawa Council optimistically
confirms that the General Motors Corporation has been, is, and will
continue to be one of Canada’s and in particular one of the City of
Oshawa’s most significant landmark institutions of excellence in
manufacturing and high paying quality jobs which provides unparalleled
socioeconomic spin-off in our local and greater economy; and
Council Meeting Minutes -21- January 16, 2006
COMMUNICATIONS
WHEREAS the Corporation of the City of Oshawa Council in
acknowledgement and intensely recognizing the absolute importance of
GM and its direct and indirect work force, would like to extend to the
General Motors Corporation, all of its work force, all subsidiaries
relatives who work as a vital component of the manufacturing product of
GM, and essentially the entire CAW Local 222 and its members, our full
and absolute support and co-operation via any possible/feasible means
to assist all efforts, working as a team in unison to help mitigate the
effect of this recent announcement, in order to help realistically protect
and enhance the levels of production, and ultimately, employment at the
General Motors Plants in Oshawa and throughout;
THEREFORE BE IT RESOLVED THAT:
a) In light of Mayor John Gray’s already pronounced pro-action and
commitment to collaborate on an initiative which constructively
assists in dealing with the outlined matter; the Corporation of
Oshawa City Council fully and unanimously supports all and any
efforts our Mayor John Gray may wish or need to proactively offer
the likes of the above mentioned groups with respect to the
outlined matter in order to assist them in maintaining and
aggressively promoting the future status of GM in Oshawa;
b) In order to show support for GM, all CAW Local 222 membership,
and essentially the excellence in quality production and
importance of our local economy, we the Corporation of the City
of Oshawa Council offer our full co-operation in establishing a co-
ordinated effort led by Mayor John Gray in all or any feasible
action to promote the ‘buy domestic’ product campaign;
c) The Corporation of the Oshawa City Council instruct staff in the
City of Oshawa to contact the CAW Local 222 ‘buy domestic’ to
obtain a sufficient number of plate covers and furthermore
importantly placed on each City marked vehicle as defining
symbolic gesture in support of the GM and the CAW Local 222’s
promotions;
Council Meeting Minutes -22- January 16, 2006
COMMUNICATIONS
d) A resolution to do as outlined in this motion be sent to all
municipal, regional, and provincial levels of government and
school boards as well as local and greater Chambers of
Commerce, for endorsement and joint action in light of just how
important GM is to both our local economy, and the people who
work and thrive directly or indirectly from it as a Corporation
throughout Canada and that they be requested to suggest similar
action to their employees;
e) That Council again extends its sincere appreciation to (1) the
Premier, the Honourable Dalton McGuinty, and the provincial
government; and, (2) the Prime Minister, the Right Honourable
Paul Martin, and the Federal government; and (3) the General
Motors Corporation; and, (4) the Canadian Autoworkers Union
and its membership, and to Mr. Gary Polonsky and staff of the
U.O.I.T. for their successful completion of negotiations and the
subsequent initiation of the Beacon Project which is a vital step
forward in securing the long term health of the auto sector in the
City of Oshawa.
f) Be it resolved that Oshawa City Council
(a) Supports General Motors of Canada Limited in the
procurement of new products;
(b) Requests that the Federal Government develop a fair trade
policy with off-shore countries specifically Japan and
Korea;
(c) Request that the Federal Government expedite a solution
for additional Windsor/Detroit border crossing to ensure
on-time deliveries for Canadian plants;
FURTHERMORE BE IT RESOLVED that the Corporation of the City of
Oshawa request the ongoing co-operation of all levels of government in
dealing with the future of GM.
AND FURTHER, that this motion be forwarded to the Region of Durham,
local members of Federal and Provincial Parliament, the Right
Honourable Paul Martin, the Honourable Dalton McGunity, and leaders
of the Federal and Provincial opposition parties.”
Council Meeting Minutes -23- January 16, 2006
COMMUNICATIONS
Resolution #C-017-06
Moved by Councillor Pingle, seconded by Councillor MacArthur
THAT the resolution of the City of Oshawa regarding General Motors Corporation be
endorsed by the Council of the Municipality of Clarington.
“CARRIED”
D - 15 Brian Knott, City Solicitor/Clerk, City of Sarnia, advising Council that the
City of Sarnia on November 21, 2005, passed the following resolution:
“THAT the City of Sarnia request that the Minister of Finance and
Minister of Municipal Affairs and Housing defer the 2006 MPAC
assessment values until the Ombudsman’s investigation into the MPAC
process of Property Assessment has been completed; and
FURTHER BE IT RESOLVED THAT the 2004 Assessment values
remain in place until the Ombudsmen’s report and its recommendations
has been reported to the public; and
THAT this resolution be circulated to the Members of AMO and the City
of Toronto, seeking their support, and that a copy of this resolution be
sent to the Honourable Mr. Gerretson.”
Resolution #C-018-06
Moved by Councillor Schell, seconded by Councillor Pingle
THAT Correspondence Item D – 15 be received for information.
“CARRIED”
Council Meeting Minutes -24- January 16, 2006
NOTICE OF MOTION
REPORTS
Report #1 - General Purpose and Administration Committee Report -
January 9, 2006
Resolution #C-019-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the General Purpose and Administration Committee Report of January 9, 2006,
be approved.
“CARRIED”
Report #2 - Confidential Report ADMIN-001-06 regarding a Personnel Matter
Report #3 - Confidential Verbal Reports of the Solicitor pertaining to Legal Matters
Resolution #C-020-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT Confidential Report ADMIN-001-06 regarding a personnel matter and the
Confidential Verbal Reports of the Solicitor regarding legal matters be referred to the
end of the agenda to be considered during a “closed” session of Council.
“CARRIED”
OTHER BUSINESS
Mayor Mutton advised that over 300 people attended the Mayor’s Levee on
Sunday, January 14, 2006, held at the Newcastle Town Hall. He commended
Anne Greentree, Deputy Clerk on the wonderful job arranging the Levee and
noted that he believes that it was the largest Mayor’s Levee to date. He also
th
congratulated the Village of Newcastle on their 150 Anniversary.
Councillor Foster presented Mayor Mutton a book entitled “Passing the Torch -
Our Youth Remembers” from the Courtice Secondary School regarding their
school trip to France.
Council Meeting Minutes -25- January 16, 2006
OTHER BUSINESS
Resolution #C-021-06
Moved by Councillor Schell, seconded by Councillor Robinson
THAT the meeting be “closed” to consider Confidential Report ADMIN-001-06
pertaining to a personnel matter and the Confidential Verbal Reports of the
Solicitor pertaining to legal matters.
“CARRIED”
Report COD-002-06 – Brian McFarlane Hockey Museum
Resolution #C-022-06
Moved by Councillor Robinson, seconded by Councillor Pingle
THAT Report COD-002-06 be received;
THAT the tender received from Peak Engineering and Construction Ltd., Brighton,
Ontario, being the lowest responsive bidder meeting all terms, conditions and
specifications of Tender CL2005-46, be awarded the contract for the Construction of
the Brian McFarlane Hockey Museum, Bowmanville, Ontario at a total revised bid of
$859,544.00, plus GST;
THAT the requirements for tendering in accordance with Purchasing By-law # 94-129,
Paragraph 5, item 5.6 be waived for the production of the museum exhibits;
THAT the proposal from GSM Design Exhibits Inc, Montreal, Quebec, dated January
3, 2006 in the amount of $539,000.00, plus GST for the production of the exhibit
gallery be accepted subject to the negotiation of a formal contract which meets the
requirements of the Municipality of Clarington and is to the satisfaction of the
Purchasing Manager and Director of Community Services;
THAT the expenditure in the total amount of $1,398,544.00 ($859,544.00 tender +
$539,000.00 GSM Design Exhibits Inc., Montreal, Quebec), be drawn from
Clarington’s Brian McFarlane Hockey Museum Account # 110-42-421-84242-7401;
THAT the Director of Finance/Treasurer be authorized to make application to the
Region of Durham for a debenture in the amount of $1,111,640.00 plus debenture
costs;
THAT Council express its intent to fund this project including debenture repayments
and financing to the extent allowable from future development charges; and
Council Meeting Minutes -26- January 16, 2006
OTHER BUSINESS
THAT the By-laws attached to Report COD-002-06 and marked Schedules “A” and “B”
authorizing the Mayor and the Clerk to execute the necessary agreements be
approved.
“CARRIED”
Resolution #C-023-06
Moved by Councillor Schell, seconded by Councillor Foster
THAT the actions taking during the “closed” session of Council be ratified.
“CARRIED”
BY-LAWS
Councillor Pingle stated a pecuniary interest during the “closed” session and refrained
from voting on the reading of the by-laws.
Resolution #C-024-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2006-001 to 2006-005, inclusive and that
the said by-laws be now read a first and second time:
2006-001 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and Work Tech Inc., Grimsby, Ontario, to enter
into a license agreement for the municipal application
2006-002 being a by-law to authorize a contact between the Corporation of the
Municipality of Clarington and Peak Engineering and Construction Ltd.,
Brighton, Ontario, to enter into agreement for the Construction of the
Brian McFarlane Hockey Museum
2006-003 being a by-law to authorize a contract between the Corporation of the
Municipality of Clarington and GSM Design Exhibits Inc., Montreal,
Quebec, to enter into agreement for the production of the exhibit gallery
for the Brian McFarlane Hockey Museum
2006-004 being a by-law to authorize the execution of Minutes of Settlement
between Wiggers Custom Yachts Limited, Port Darlington Harbour
Company and the Municipality of Clarington
Council Meeting Minutes -27- January 16, 2006
BY-LAWS
2006-005 being a by-law to authorize the execution of Minutes of Settlement
between Courtice Auto Wreckers Limited and Harvey Ambrose and the
Municipality of Clarington
“CARRIED”
Resolution #C-025-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-laws 2006-001 to 2006-005, inclusive be
approved.
“CARRIED”
Councillor Pingle stated a pecuniary interest earlier in the meeting and refrained from
discussion and voting on the confirming by-law.
CONFIRMING BY-LAW
Resolution #C-026-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT leave be granted to introduce By-law 2006-006 being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at this meeting held on the
16th day of January, 2006, and that the said by-law be now read a first and second
time.
“CARRIED”
Resolution #C-027-06
Moved by Councillor MacArthur, seconded by Councillor Foster
THAT the third and final reading of By-law 2006-006 be approved.
“CARRIED”
Council Meeting Minutes
-28-
January 16, 2006
ADJOURNMENT
Resolution #C-028-06
Moved by Councillor Robinson, seconded by Councillor Schell
THAT the meeting adjourn at 7:56 p.m.
"CARRIED"
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