Loading...
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" ~ " /JV~ MA yoRt